1.1 	A bill for an act
1.2 	relating to environment and natural resources policy; creating a state recreation 
1.3 	area advisory council; modifying water supply plan requirements; modifying state 
1.4 	park permit provisions; requiring and authorizing the initiation of rulemaking 
1.5 	for aquatic plant management permits and shoreland standards; modifying 
1.6 	restrictions related to off-highway vehicle use; providing for state forest 
1.7 	traditional areas; restricting the licensing of certain public water for minnows; 
1.8 	modifying the definition of a game bird; designating a state wildlife management 
1.9 	area; modifying provisions for taking animals causing damage; changing the 
1.10 	license year for fishing, fish house, and dark house licenses; modifying certain 
1.11 	wild animal possession and taking restrictions; providing for an apprentice hunter 
1.12 	validation; exempting persons with military training from the range and shooting 
1.13 	exercise portion of the required course for a firearm safety certificate; allowing 
1.14 	the use of scopes on muzzleloaders during the muzzleloader season; removing 
1.15 	ban on smokeless gunpowder in muzzleloaders; providing for the minimum 
1.16 	draw weight for bows used to take big game; allowing remote-controlled animal 
1.17 	noise callers to take unprotected wild animals; authorizing the commissioner of 
1.18 	natural resources to issue special permits for taking bear for certain purposes; 
1.19 	modifying certain angling seasons; modifying Lake Superior commercial fishing 
1.20 	provisions;  providing criminal and civil penalties; providing for a walk-in 
1.21 	public access plan for certain outdoor recreation; modifying land acquisition 
1.22 	requirements; modifying land owners' bill of rights; requiring approved firewood 
1.23 	on land administered by the commissioner of natural resources; modifying 
1.24 	recordation requirements for mineral interests; increasing payments in lieu of 
1.25 	taxes for certain lands; adding to and deleting from state parks, state trails, and 
1.26 	state recreation areas; authorizing public and private sales and conveyances 
1.27 	of certain state lands; authorizing a 20-year lease of certain tax-forfeited land; 
1.28 	exempting certain exchanged land from the tax-forfeited land assurance fee; 
1.29 	providing for temporary suspension of apportionment of certain net proceeds in 
1.30 	Lake County; modifying agency service requirements; modifying provisions for 
1.31 	wetland conservation; requiring rulemaking; restricting outdoor light pollution; 
1.32 	modifying exemptions to noise standards; restricting the use of phosphorus in 
1.33 	household dishwasher detergent; modifying licensing requirements for design, 
1.34 	installation, maintenance, inspection, or operation of individual sewage treatment 
1.35 	systems; extending the prohibition on new open air swine basins; prohibiting 
1.36 	the sale of certain mercury-containing products; modifying restrictions on the 
1.37 	sale, use, and disposal of certain mercury-containing products; requiring certain 
1.38 	consumer information; modifying lamp recycling facility operation requirements;  
1.39 	delaying phosphorus reduction requirements on wastewater treatment facilities; 
2.1 	requiring reports; providing for community forest management; providing 
2.2 	for control of forest and shade tree pests; modifying requirements for ditch 
2.3 	buffers; requiring annual drainage authority reports; modifying drainage repair 
2.4 	and inspection requirements; appropriating money;amending Minnesota 
2.5 	Statutes 2006, sections 15.99, subdivision 3; 17.4984, subdivision 1; 18G.03, 
2.6 	by adding a subdivision; 18G.11; 84.0272, subdivision 3; 84.0274, subdivision 
2.7 	5; 84.777; 84.9256, subdivision 2, by adding a subdivision; 84.9257; 84.926, 
2.8 	by adding a subdivision; 84.928, subdivision 1; 84D.14; 85.013, by adding a 
2.9 	subdivision; 85.015, subdivision 22; 85.053, subdivisions 2, 8; 85.054, by adding 
2.10 	a subdivision; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82; 
2.11 	89.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.51, 
2.12 	subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3; 89.57; 
2.13 	89.58; 89.59; 89.60; 89.61; 93.55, subdivision 1; 97A.015, subdivision 24, by 
2.14 	adding a subdivision; 97A.133, by adding a subdivision; 97A.145, subdivision 
2.15 	2; 97A.205; 97A.401, subdivision 5; 97A.405, subdivisions 2, 4; 97A.411, 
2.16 	subdivision 1; 97A.421, by adding a subdivision; 97A.451, subdivision 3; 
2.17 	97A.475, subdivision 2; 97A.505, subdivision 4; 97A.511; 97B.015, by adding a 
2.18 	subdivision; 97B.020; 97B.031, subdivision 5; 97B.035, by adding a subdivision; 
2.19 	97B.075; 97B.085, subdivision 3; 97B.301, subdivision 7; 97B.311; 97B.405; 
2.20 	97B.928, subdivision 1; 97C.325; 97C.355, subdivision 8; 97C.395, subdivision 
2.21 	1; 97C.835, subdivisions 1, 3, 8; 103E.021, subdivisions 1, 2, 3, by adding a 
2.22 	subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1; 103E.701, by 
2.23 	adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2; 
2.24 	103F.205, subdivision 1; 103G.222, subdivision 3; 103G.2241, subdivisions 
2.25 	3, 4, 6, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 
2.26 	2; 103G.291, subdivision 3; 103G.311, subdivision 2; 115.56, subdivision 2; 
2.27 	115A.932, subdivision 1; 116.07, subdivision 2a; 116.0714; 116.23; 116.92, 
2.28 	subdivisions 3, 7a, by adding subdivisions; 116.93, subdivision 2; 169A.35, 
2.29 	subdivision 1; 219.99; 473.1565, subdivision 1; 473.859, subdivision 3; Laws 
2.30 	2003, chapter 128, article 1, section 167, subdivision 1, as amended; Laws 2006, 
2.31 	chapter 236, article 1, section 21; Laws 2006, chapter 251, section 16; proposing 
2.32 	coding for new law in Minnesota Statutes, chapters 16B; 84; 85; 89; 97B; 97C; 
2.33 	103E; 103F; 116; 121A; repealing Minnesota Statutes 2006, sections 18G.16; 
2.34 	84.928, subdivision 8; 85.012, subdivision 24b; 89.51, subdivision 8; 97A.475, 
2.35 	subdivision 38; 97C.365; 103G.2241, subdivision 8; 115.03, subdivision 10; 
2.36 	Laws 2006, chapter 236, article 1, section 2.
2.37 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.38 	ARTICLE 1 
2.39 	 NATURAL RESOURCES MISCELLANEOUS AND TECHNICAL 

2.40 	Section 1. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA; 
2.41 	CITIZENS ADVISORY COUNCIL.
2.42 		Subdivision 1.Advisory council created. The Cuyuna Country State Recreation 
2.43 	Area Citizens Advisory Council is established. Membership on the advisory council 
2.44 	shall include:
2.45 	(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers 
2.46 	Board;
2.47 	(2) a representative of the Croft Mine Historical Park Joint Powers Board;
3.1 	(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has 
3.2 	worked as a miner in the local area;
3.3 	(4) a representative of the Crow Wing County Board;
3.4 	(5) a representative of the Grand Rapids regional office of the Department of Natural 
3.5 	Resources;
3.6 	(6) a designee of the Iron Range Resources and Rehabilitation Board;
3.7 	(7) a designee of the local business community selected by the area chambers of 
3.8 	commerce;
3.9 	(8) a designee of the local environmental community selected by the Cuyuna 
3.10 	Country Conservation Club;
3.11 	(9) a designee of a local education organization selected by the Crosby-Ironton 
3.12 	School Board; 
3.13 	(10) a designee of one of the recreation area user groups selected by the Cuyuna 
3.14 	Range Chamber of Commerce; and 
3.15 	(11) a member of the Cuyuna Country Heritage Preservation Society.
3.16 		Subd. 2.Administration. (a) The advisory council must meet at least four times 
3.17 	annually. The area manager for the Cuyuna Country State Recreation Area shall convene 
3.18 	the first meeting of the advisory council. The council shall elect a chair and meetings 
3.19 	shall be at the call of the chair.
3.20 	(b) Members of the advisory council shall serve as volunteers for two-year terms 
3.21 	with the ability to be reappointed. Members shall accept no per diem.
3.22 	(c) The state recreation area manager may attend council meetings and shall advise 
3.23 	the council of major decision issues in management of the recreation area.
3.24 	(d) The council shall review the operation and management of the Cuyuna Country 
3.25 	State Recreation Area. The area manager shall consider the advice or comments from the 
3.26 	council before making decisions affecting the recreation area.
3.27 	(e) The council must report to the Crow Wing County Board by January 15 of each 
3.28 	year regarding its activities in the previous year.
3.29 		Subd. 3.Expiration. This section expires on June 30, 2011.

3.30 	Sec. 2. Minnesota Statutes 2006, section 85.015, subdivision 22, is amended to read:
3.31 		Subd. 22.Minnesota River Trail. The trail shall originate at the entrance to Big 
3.32 	Stone Lake State Park and extend along the Minnesota River Valley to connect to the 
3.33 	Minnesota Valley Trail at the city of Le Sueur. The trail shall include a loop between Fort 
3.34 	Ridgely State Park and the cities of Redwood Falls and Sleepy Eye. A segment shall be 
3.35 	established connecting the cities of Granite Falls and Montevideo.

4.1 	Sec. 3. Minnesota Statutes 2006, section 85.053, subdivision 2, is amended to read:
4.2 		Subd. 2.Requirement. Except as provided in section 85.054, a motor vehicle 
4.3 	may not enter a state park, state recreation area, or state wayside over 50 acres in area, 
4.4 	without a state park permit issued under this section. Except for vehicles permitted under 
4.5 	subdivisions 7, paragraph (a), clause (2), and 8, the state park permit must be affixed to the 
4.6 	lower right corner windshield of the motor vehicle and must be completely affixed by its 
4.7 	own adhesive to the windshield, or the commissioner may, by written order, provide an 
4.8 	alternative means to display and validate annualstate park permits.

4.9 	Sec. 4. Minnesota Statutes 2006, section 85.053, subdivision 8, is amended to read:
4.10 		Subd. 8.Military personnel on leave; exemption. (a) The provisions of this 
4.11 	section requiring a state park permit and regulating its display do not apply to A one-day 
4.12 	permit, under subdivision 4, shall be issued without a fee for a motor vehicle being used 
4.13 	by a person who is serving in active military service in any branch or unit of the United 
4.14 	States armed forces and who is stationed outside Minnesota, during the period of active 
4.15 	service and for 90 days immediately thereafter, if the person notifiespresents the person's 
4.16 	current military orders to the park attendant on duty or other designee of the commissioner 
4.17 	of the person's military status at the time of usage. It is sufficient notice for the eligible 
4.18 	person to temporarily affix to the inside of the windshield of the vehicle in a visible 
4.19 	manner the person's current military orders and to carry in the person's possession current 
4.20 	military identification attesting to the person's active or recent military status.
4.21 	(b) For purposes of this section, "active service" has the meaning given under section 
4.22 	190.05, subdivision 5c, when performed outside Minnesota.

4.23 	Sec. 5. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 
4.24 	to read:
4.25 		Subd. 13.Cuyuna Country State Recreation Area. A state park permit is not 
4.26 	required and a fee may not be charged for motor vehicle entry or parking at Croft Mine 
4.27 	Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation 
4.28 	Area, except for overnight camping. 

4.29 	Sec. 6. Minnesota Statutes 2006, section 103F.205, subdivision 1, is amended to read:
4.30 		Subdivision 1.Applicability. The definitions in this section apply to sections 
4.31 	103F.201 to 103F.221 103F.227. 

4.32 	Sec. 7. [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
5.1 		Subdivision 1.Applicability. This section applies statewide and preempts local 
5.2 	ordinances that are inconsistent with its terms, but does not preempt local ordinances that 
5.3 	provide additional protection of shoreland.
5.4 		Subd. 2.Resort defined. For purposes of this section, "resort" means a shoreland 
5.5 	commercial establishment, existing on or before August 1, 2007, that includes buildings, 
5.6 	lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, or 
5.7 	any part thereof kept, used, maintained, or advertised as or held out to the public to be a 
5.8 	place where sleeping accommodations are furnished to the public, primarily to persons 
5.9 	seeking recreation, for periods of one day or longer, and having for rent three or more 
5.10 	cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be 
5.11 	primarily service oriented for transient lodging of guests. All cabins, rooms, dwelling 
5.12 	units, camping or recreational vehicle sites, or enclosures must be included in the resort 
5.13 	rental business. Resorts must not allow residential use of a dwelling unit or site, except 
5.14 	dwellings used as residences for the service providers. To qualify as a resort under this 
5.15 	section, a resort must be fully licensed and permitted under appropriate state and local 
5.16 	regulations. The entire parcel of land must be controlled and managed by the licensee.
5.17 		Subd. 3.Maintenance and replacement. (a) So long as the establishment continues 
5.18 	to operate as a resort, a county or municipality must allow a resort owner to:
5.19 	(1) maintain structures, including the replacement of aging or outdated components 
5.20 	or systems of the structure, while not increasing the structure's footprint on the land; and 
5.21 	(2) replace structures damaged or lost to fire or natural disaster.
5.22 	(b) Paragraph (a), clause (2), applies only when an application for a building permit 
5.23 	is made within 180 days of the damage or loss.
5.24 		Subd. 4.Expansion. A county or municipality must allow a resort owner to increase 
5.25 	a structure footprint to minimally meet federal, state, or local dwelling standards or codes. 
5.26 	To "minimally meet" the standards or codes means that the replacement structure does not 
5.27 	add new architectural elements, such as more bedrooms, that did not exist in the original 
5.28 	structure. Structural expansion under this subdivision must not result in the structure being 
5.29 	any larger than required to meet standards or codes or the structure or any portion thereof 
5.30 	being any closer to the shoreline than prior to the expansion.
5.31 		Subd. 5.Change in ownership. A change in ownership of a resort shall not be 
5.32 	construed as a conversion to a different use so long as the new owner continues to use 
5.33 	the property as a resort.

5.34 	Sec. 8. Minnesota Statutes 2006, section 103G.291, subdivision 3, is amended to read:
6.1 		Subd. 3.Emergency Water supply plans; demand reduction. (a) Every 
6.2 	public water supplier serving more than 1,000 people must submit an emergency and 
6.3 	conservation a water supply plan to the commissioner for approval by January 1, 1996. 
6.4 	In accordance with guidelines developed by the commissioner, the plan must address 
6.5 	projected demands, adequacy of the water supply system and planned improvements, 
6.6 	existing and future water sources, natural resource impacts or limitations, emergency 
6.7 	preparedness, water conservation, supply and demand reduction measures, and allocation 
6.8 	priorities and must identify alternative sources of water for use in an emergency that are 
6.9 	consistent with section 103G.261. Public water suppliers must update the their plan and, 
6.10 	upon notification, submit it to the commissioner for approval every ten years.
6.11 	(b) The water supply plan in paragraph (a) is required for all communities in the 
6.12 	metropolitan area, as defined in section 473.121, with a municipal water supply system 
6.13 	and is a required element of the local comprehensive plan required under section 473.859. 
6.14 	Water supply plans or updates submitted after December 31, 2008, must be consistent 
6.15 	with the metropolitan area master water supply plan required under section 473.1565, 
6.16 	subdivision 1, paragraph (a), clause (2).
6.17 	(c) Public water suppliers serving more than 1,000 people must employ water use 
6.18 	demand reduction measures before requesting approval from the commissioner of health 
6.19 	under section 144.383, paragraph (a), to construct a public water supply well or requesting 
6.20 	an increase in the authorized volume of appropriation. Demand reduction measures must 
6.21 	include evaluation of conservation rate structures and a public education program that 
6.22 	may include a toilet and showerhead retrofit program. 
6.23 	(c) (d) Public water suppliers serving more than 1,000 people must submit records 
6.24 	that indicate the number of connections and amount of use by customer category and 
6.25 	volume of water unaccounted for with the annual report of water use required under 
6.26 	section 103G.281, subdivision 3. 
6.27 	(d) (e) For the purposes of this subdivision, "public water supplier" means an entity 
6.28 	that owns, manages, or operates a public water supply, as defined in section 144.382, 
6.29 	subdivision 4. 

6.30 	Sec. 9. Minnesota Statutes 2006, section 103G.311, subdivision 2, is amended to read:
6.31 		Subd. 2.Hearing notice. (a) The hearing notice on an application must state
6.32 	include:
6.33 	(1) the date, place, and time fixed by the commissioner for the hearing; and
6.34 	(2) the waters affected, the water levels sought to be established, or control structures 
6.35 	proposed; and
7.1 	(3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder.
7.2 	(b) A summary of the hearing notice must be published by the commissioner at the 
7.3 	expense of the applicant or, if the proceeding is initiated by the commissioner in the 
7.4 	absence of an applicant, at the expense of the commissioner.
7.5 	(c) The summary of the hearing notice must be:
7.6 	(1) published once a week for two successive weeks before the day of hearing 
7.7 	in a legal newspaper published in the county where any part of the affected waters is 
7.8 	located; and
7.9 	(2) mailed by the commissioner to the county auditor, the mayor of a municipality, 
7.10 	the watershed district, and the soil and water conservation district affected by the 
7.11 	application; and
7.12 	(3) made under requirements prescribed by sections 14.57 to 14.59 and rules of the 
7.13 	chief administrative law judge.

7.14 	Sec. 10. Minnesota Statutes 2006, section 219.99, is amended to read:
7.15 	219.99 RAILROAD PRAIRIE RIGHT-OF-WAY; BEST MANAGEMENT 
7.16 	PRACTICES.
7.17 	The commissioner of natural resources shall conduct a field review of railroad 
7.18 	rights-of-way to identify native prairie. The priority will be to identify and conduct a field 
7.19 	review of any surveys which have been conducted previously, whether by public or private 
7.20 	persons, of native prairies within railroad rights-of-way in this state. In cooperation with 
7.21 	railroad companies, the commissioner shall identify management practices used to control 
7.22 	vegetation along railroad rights-of-way. The commissioner shall then assess the impact 
7.23 	of those management practices on the prairie lands within the railroad rights-of-way. 
7.24 	Based on that assessment, the commissioner and railroad companies shall jointly develop 
7.25 	voluntary best management practices for prairie lands within railroad rights-of-way. The 
7.26 	commissioner shall, to the extent feasible, work with private individuals and groups 
7.27 	to cause to be erected markers at either end of each native prairie within a railroad 
7.28 	right-of-way.

7.29 	Sec. 11. Minnesota Statutes 2006, section 473.1565, subdivision 1, is amended to read:
7.30 		Subdivision 1.Planning activities. (a) The Metropolitan Council must carry out 
7.31 	planning activities addressing the water supply needs of the metropolitan area as defined 
7.32 	in section 473.121, subdivision 2. The planning activities must include, at a minimum:
7.33 	(1) development and maintenance of a base of technical information needed for 
7.34 	sound water supply decisions including surface and groundwater availability analyses, 
8.1 	water demand projections, water withdrawal and use impact analyses, modeling, and 
8.2 	similar studies;
8.3 	(2) development and periodic update of a metropolitan area master water supply 
8.4 	plan, prepared in cooperation with and subject to the approval of the commissioner 
8.5 	of natural resources, that:
8.6 	(i) provides guidance for local water supply systems and future regional investments;
8.7 	(ii) emphasizes conservation, interjurisdictional cooperation, and long-term 
8.8 	sustainability; and
8.9 	(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area 
8.10 	water supply system and its local and subregional components;
8.11 	(3) recommendations for clarifying the appropriate roles and responsibilities of 
8.12 	local, regional, and state government in metropolitan area water supply;
8.13 	(4) recommendations for streamlining and consolidating metropolitan area water 
8.14 	supply decision-making and approval processes; and
8.15 	(5) recommendations for the ongoing and long-term funding of metropolitan area 
8.16 	water supply planning activities and capital investments.
8.17 	(b) The council must carry out the planning activities in this subdivision in 
8.18 	consultation with the Metropolitan Area Water Supply Advisory Committee established in 
8.19 	subdivision 2.

8.20 	Sec. 12. Minnesota Statutes 2006, section 473.859, subdivision 3, is amended to read:
8.21 		Subd. 3.Public facilities plan. A public facilities plan shall describe the character, 
8.22 	location, timing, sequence, function, use and capacity of existing and future public 
8.23 	facilities of the local governmental unit. A public facilities plan must be in at least such 
8.24 	detail as may be necessary to establish existing or potential effects on or departures from 
8.25 	metropolitan system plans and to protect metropolitan system plans. A public facilities 
8.26 	plan shall contain at least the following parts:
8.27 	(1) a transportation plan describing, designating and scheduling the location, extent, 
8.28 	function and capacity of existing and proposed local public and private transportation 
8.29 	services and facilities;
8.30 	(2) a sewer policy plan describing, designating and scheduling the areas to be 
8.31 	sewered by the public system, the existing and planned capacities of the public system, the 
8.32 	standards and conditions under which the installation of private sewer systems will be 
8.33 	permitted, and to the extent practicable, the areas not suitable for public or private systems 
8.34 	because of public health, safety and welfare considerations;
9.1 	(3) a parks and open space plan describing, designating and scheduling the existing 
9.2 	and proposed parks and recreation open spaces within the jurisdiction; and
9.3 	(4) a water supply plan including: as described in section 103G.291, subdivision 3.
9.4 	(i) a description of the existing water supply system, including the source of water, 
9.5 	well and treatment plant locations, and major supply lines; an inventory of commercial 
9.6 	and industrial users; an indication of the community's intent to make future changes 
9.7 	or additions to the system, including projections for population and industrial and 
9.8 	commercial use and the methods by which this growth will be served;
9.9 	(ii) a statement of the community's objectives, policies, and standards for operating 
9.10 	the water supply system;
9.11 	(iii) a conservation program that contains the goals of the program, demand and 
9.12 	supply conservation techniques to be used, an evaluation of pricing methods that could be 
9.13 	used to reduce demand, the conditions under which conservation actions would occur, 
9.14 	a process for reducing nonessential uses according to the priority system under section 
9.15 	103G.261, and the education program that will be used to inform the public of the need to 
9.16 	conserve and the methods available to achieve conservation; 
9.17 	(iv) an emergency preparedness or contingency plan, as described in section 
9.18 	103G.291, subdivision 3; 
9.19 	(v) an indication of the possibility for joint efforts with neighboring communities or 
9.20 	other public entities for sharing water sources and treatment, interconnection for routine or 
9.21 	emergency supply, pursuit of alternative supplies, and water source protection;
9.22 	(vi) a statement of the water supply problems that the community experiences or 
9.23 	expects to experience and any proposed solutions, especially those that would impact 
9.24 	other communities or the region; and
9.25 	(vii) a wellhead protection plan prepared in accordance with rules adopted by the 
9.26 	commissioner of health under section 103I.101, subdivision 5, clause (9). 

9.27 	Sec. 13. AQUATIC PLANT RULEMAKING.
 9.28 	By January 15, 2008, the commissioner of natural resources shall initiate 
9.29 	rulemaking under Minnesota Statutes, chapter 14, to update the standards for aquatic plant 
9.30 	management permit issuance. The commissioner shall consult with the commissioner of 
9.31 	administration regarding the feasibility of using mediation services during the process of 
9.32 	developing the rules. By January 15, 2008, the commissioner shall report to the senate 
9.33 	and house of representatives committees on natural resource policy on the proposed rule 
9.34 	changes. The rule changes must not be finally adopted before June 1, 2008.

10.1 	Sec. 14. EURASIAN WATER MILFOIL PILOT PROGRAM; GREEN LAKE.
 10.2 	As part of the invasive species management program under Minnesota Statutes, 
10.3 	section 84D.02, subdivisions 1 and 2, the commissioner of natural resources shall consider 
10.4 	a pilot project for the control of Eurasian water milfoil on Green Lake in Kandiyohi 
10.5 	County.

10.6 	Sec. 15. SHORELAND STANDARDS.
 10.7 	The commissioner of natural resources may initiate rulemaking under Minnesota 
10.8 	Statutes, chapter 14, to update the minimum shoreland standards in Minnesota Rules, 
10.9 	chapter 6120.

10.10 	Sec. 16.  REPEALER.
 10.11 	Laws 2006, chapter 236, article 1, section 2, is repealed.

10.12 	ARTICLE 2 
10.13 	 OFF-HIGHWAY VEHICLES 

10.14 	Section 1. Minnesota Statutes 2006, section 84.777, is amended to read:
10.15 	84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
10.16 		Subdivision 1.Designated trails. (a) Except as otherwise allowed by law or rules 
10.17 	adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
10.18 	to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state 
10.19 	land administered by the commissioner of natural resources, and on county-administered 
10.20 	forest land within the boundaries of a state forest, except on roads and trails specifically 
10.21 	designated and posted by the commissioner for use by off-highway vehicles. 
10.22 	(b) Paragraph (a) does not apply to county-administered land within a state forest if 
10.23 	the county board adopts a resolution that modifies restrictions on the use of off-highway 
10.24 	vehicles on county-administered land within the forest.
10.25 		Subd. 2.Off-highway vehicle seasons.  (a) The commissioner shall prescribe 
10.26 	seasons for off-highway vehicle use on state forest lands. Except for designated forest 
10.27 	roads, a person must not operate an off-highway vehicle on state forest lands outside of 
10.28 	the season prescribed under this paragraph.
10.29 	(b) The commissioner may designate and post winter trails on state forest lands 
10.30 	for use by off-highway vehicles.
10.31 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
10.32 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
10.33 	managed by the commissioner under section 282.011.
11.1 		Subd. 3.Mapped trails. Except as provided in sections 84.926 and 84.928, 
11.2 	effective December 31, 2010, a person must not operate an off-highway vehicle on state 
11.3 	land that is not mapped for the type of off-highway vehicle.
11.4 		Subd. 4.Exemption from rulemaking.  Determinations of the commissioner under 
11.5 	this section may be by written order published in the State Register and are exempt from 
11.6 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.

11.7 	Sec. 2. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 
11.8 	PROGRAM.
11.9 		Subdivision 1.Creation. The commissioner of natural resources shall establish 
11.10 	a program to promote the safe and responsible operation of off-highway vehicles in a 
11.11 	manner that does not harm the environment.
11.12 		Subd. 2.Agreements. (a) The commissioner shall enter into  agreements with 
11.13 	organizations for volunteer services that promote the safe and responsible operation 
11.14 	of off-highway vehicles in a manner that does not harm the environment to maintain, 
11.15 	make improvements to, and monitor trails on state forest land and other public lands. 
11.16 	The organizations shall promote the operation of off-highway vehicles in a safe and 
11.17 	responsible manner that complies with the laws and rules that relate to the operation 
11.18 	of off-highway vehicles.
11.19 	(b) The organizations may provide assistance to the department in locating, 
11.20 	recruiting, and training instructors for off-highway vehicle training programs.
11.21 	(c) The commissioner may provide assistance to enhance the comfort and safety 
11.22 	of volunteers and to facilitate the implementation and administration of the safety and 
11.23 	conservation program.
11.24 	(d) The commissioner shall establish standards, train, and certify organizations and 
11.25 	individuals participating as volunteers under this section. The training shall include:
11.26 	(1) the identification of invasive species;
11.27 	(2) correctly reporting the location of invasive species; and
11.28 	(3) basic global positioning system operation.
11.29 		Subd. 3.Worker displacement prohibited. The commissioner may not enter into 
11.30 	any agreement that has the purpose of or results in the displacement of public employees 
11.31 	by volunteers participating in the off-highway safety and conservation program under 
11.32 	this section. The commissioner must certify to the appropriate bargaining agent that the 
11.33 	work performed by a volunteer will not result in the displacement of currently employed 
11.34 	workers or workers on seasonal layoff or layoff from a substantially equivalent position, 
12.1 	including partial displacement such as reduction in hours of nonovertime work, wages, or 
12.2 	other employment benefits.
12.3 		Subd. 4.Off-Highway Vehicle Safety Advisory Council. The commissioner 
12.4 	of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to 
12.5 	advise the commissioner on:
12.6 	(1) off-highway vehicle safety; and
12.7 	(2) standards and certification for organizations and individuals participating as 
12.8 	volunteers under this section.

12.9 	Sec. 3. Minnesota Statutes 2006, section 84.9256, subdivision 2, is amended to read:
12.10 		Subd. 2.Helmet and seat belts required. (a) A person less than 18 years of age 
12.11 	shall not operate ride as a passenger or as an operator of an all-terrain vehicle on public 
12.12 	land, public waters, or on a public road right-of-way unless wearing a safety helmet 
12.13 	approved by the commissioner of public safety.
12.14 	(b) A person less than 18 years of age shall not ride as a passenger or as an operator of 
12.15 	a class 2 all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

12.16 	Sec. 4. Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision 
12.17 	to read:
12.18 		Subd. 2a.Parent or guardian authorization. A person under age 16 shall not 
12.19 	operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle, 
12.20 	unless the parent or guardian of the person under age 16 authorizes the operation. For 
12.21 	purposes of this subdivision, "guardian" means the legal guardian of the person under age 
12.22 	16 or a person age 18 or older who has been authorized by the parent or legal guardian to 
12.23 	supervise the person under age 16.

12.24 	Sec. 5. Minnesota Statutes 2006, section 84.9257, is amended to read:
12.25 	84.9257 PASSENGERS.
12.26 	(a) A parent or guardian may operate a class 1 all-terrain vehicle carrying one 
12.27 	passenger who is under 16 years of age and who wears a safety helmet approved by the 
12.28 	commissioner of public safety.
12.29 	(b) For the purpose of this section, "guardian" means a legal guardian of a person 
12.30 	under age 16, or a person 18 or older who has been authorized by the parent or legal 
12.31 	guardian to supervise the person under age 16.
13.1 	(c) A person 18 years of age or older may operate an a class 1 all-terrain vehicle 
13.2 	carrying one passenger who is 16 or 17 years of age and wears a safety helmet approved 
13.3 	by the commissioner of public safety.
13.4 	(d) (b) A person 18 years of age or older may operate an all-terrain vehicle carrying 
13.5 	one passenger who is 18 years of age or older.
13.6 	(e) An operator of a class 2 all-terrain vehicle may carry two passengers while 
13.7 	carrying a passenger, or up to the number of passengers for which the vehicle was 
13.8 	designed, whichever is greater.

13.9 	Sec. 6. Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision 
13.10 	to read:
13.11 		Subd. 6.Operation; class 2 vehicles. Except as provided in subdivision 4, 
13.12 	operation of class 2 all-terrain vehicles on lands administered by the commissioner is 
13.13 	limited to forest roads, minimum maintenance roads, and trails designated or signed for 
13.14 	class 2 all-terrain vehicles.

13.15 	Sec. 7. Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:
13.16 		Subdivision 1.Operation on roads and rights-of-way; class 1 vehicles. (a) Unless 
13.17 	otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 an
13.18 	all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope 
13.19 	of a public road right-of-way of a trunk, county state-aid, or county highway other than.
13.20 	(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 
13.21 	bank or slope of a trunk, county state-aid, or county highway unless prohibited under 
13.22 	paragraph (b) (d) or (f).
13.23 	(c) A person may operate a class 2 all-terrain vehicle within the public road 
13.24 	right-of-way of a county state-aid or county highway on the extreme right-hand side of 
13.25 	the road and left turns may be made from any part of the road if it is safe to do so under 
13.26 	the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 
13.27 	operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 
13.28 	designated class 2 all-terrain vehicle trail.
13.29 	(b) (d) A road authority as defined under section 160.02, subdivision 25, may after a 
13.30 	public hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or 
13.31 	slope of a public road right-of-way under its jurisdiction.
13.32 	(c) (e) The restrictions in paragraphs (a), (b), (g), (d), (h), and (i), and (j) do not 
13.33 	apply to the operation of a class 1 an all-terrain vehicle on the shoulder, inside bank or 
14.1 	slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county 
14.2 	highway when the class 1 all-terrain vehicle is:
14.3 	(1) owned by or operated under contract with a publicly or privately owned utility 
14.4 	or pipeline company; and
14.5 	(2) used for work on utilities or pipelines.
14.6 	(d) (f) The commissioner may limit the use of a right-of-way for a period of time if 
14.7 	the commissioner determines that use of the right-of-way causes:
14.8 	(1) degradation of vegetation on adjacent public property;
14.9 	(2) siltation of waters of the state;
14.10 	(3) impairment or enhancement to the act of taking game; or
14.11 	(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
14.12 	property.
14.13 	(e) The commissioner must notify the road authority as soon as it is known that a 
14.14 	closure will be ordered. The notice must state the reasons and duration of the closure.
14.15 	(f) (g) A person may operate a class 1an all-terrain vehicle registered for private 
14.16 	use and used for agricultural purposes or a class 2 all-terrain vehicle on a public road 
14.17 	right-of-way of a trunk, county state-aid, or county highway in this state if the class 1
14.18 	or class 2 all-terrain vehicle is operated on the extreme right-hand side of the road, and 
14.19 	left turns may be made from any part of the road if it is safe to do so under the prevailing 
14.20 	conditions.
14.21 	(g) (h) A person shall not operate a class 1an all-terrain vehicle within the public 
14.22 	road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 
14.23 	in the agricultural zone unless the vehicle is being used exclusively as transportation to and 
14.24 	from work on agricultural lands. This paragraph does not apply to an agent or employee 
14.25 	of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
14.26 	Natural Resources when performing or exercising official duties or powers.
14.27 	(h) (i) A person shall not operate a class 1 an all-terrain vehicle within the public 
14.28 	road right-of-way of a trunk, county state-aid, or county highway between the hours of 
14.29 	one-half hour after sunset to one-half hour before sunrise, except on the right-hand side 
14.30 	of the right-of-way and in the same direction as the highway traffic on the nearest lane 
14.31 	of the adjacent roadway.
14.32 	(i) (j) A person shall not operate a class 1 an all-terrain vehicle at any time within the 
14.33 	right-of-way of an interstate highway or freeway within this state.

14.34 	Sec. 8. [89.0212] STATE FOREST TRADITIONAL AREAS.
15.1 		Subdivision 1.Definition. For purposes of this section, "state forest traditional 
15.2 	area" or "traditional area" means the portion of a state forest dedicated to traditional 
15.3 	uses, including, but not limited to, logging, hunting, trapping, fishing, wildlife watching, 
15.4 	snowmobiling, hiking, biking, canoeing, and berry picking.
15.5 		Subd. 2.Designation. By December 31, 2008, the commissioner shall designate 
15.6 	state forest traditional areas. 
15.7 		Subd. 3.Vehicle restrictions. Within a state forest traditional area:
15.8 	(1) no off-highway vehicles, as defined under section 84.771, are allowed off of 
15.9 	state forest roads;
15.10 	(2) no trails for off-highway vehicles, as defined under section 84.771, are allowed; 
15.11 	and
15.12 	(3) no hunting or trapping using an off-highway vehicle is allowed.
15.13 	These restrictions are subject to exception by permit under section 84.926, subdivision 1.
15.14 		Subd. 4.Exemption from rulemaking. Determinations of the commissioner under 
15.15 	this section may be by written order published in the State Register and are exempt from 
15.16 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.

15.17 	Sec. 9. Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:
15.18 		Subdivision 1.Definitions. As used in this section:
15.19 	(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2; 
15.20 	(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9; 
15.21 	(3) "motor vehicle" does not include motorboats in operation, or off-road recreational 
15.22 	vehicles except when being operated on a roadway or shoulder of a roadway that is not 
15.23 	part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of 
15.24 	natural resources;
15.25 	(4) "possession" means either that the person had actual possession of the bottle or 
15.26 	receptacle or that the person consciously exercised dominion and control over the bottle 
15.27 	or receptacle; and
15.28 	(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, 
15.29 	subdivision 19. 

15.30 	Sec. 10. Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by 
15.31 	Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:
15.32 	Sec. 167. FOREST LAND OFF-HIGHWAY VEHICLE USE 
15.33 	RECLASSIFICATION.
 16.1 		Subdivision 1.Forest classification status review. (a) By December 31, 2006, the 
16.2 	commissioner of natural resources shall complete a review of the forest classification status 
16.3 	of all state forests classified as managed or limited, all forest lands under the authority of 
16.4 	the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and 
16.5 	lands managed by the commissioner under Minnesota Statutes, section 282.011. The 
16.6 	review must be conducted on a forest-by-forest and area-by-area basis in accordance with 
16.7 	the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in 
16.8 	paragraph (d), after each forest is reviewed, the commissioner must change itsthe status 
16.9 	  of the lands within each forest to limited or closed, and . The commissioner may classify 
16.10 	portions of a limited forest as closed. The commissioner must also provide a similar 
16.11 	status for each of the other areas subject to review under this section after each individual 
16.12 	review is completed.
16.13 	(b) If the commissioner determines on January 1, 2005, that the review required 
16.14 	under this section cannot be completed by December 31, 2006, the completion date for the 
16.15 	review shall be extended to December 31, 2008. By January 15, 2005, the commissioner 
16.16 	shall report to the chairs of the legislative committees with jurisdiction over natural 
16.17 	resources policy and finance regarding the status of the process required by this section.
16.18 	(c) Until December 31, 2010, the state forests and areas subject to review under this 
16.19 	section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or 
16.20 	area has been classified as limited or closed.
16.21 	(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, 
16.22 	section 84.777, subdivision 1, all forest lands under the authority of the commissioner as 
16.23 	defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the 
16.24 	commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 
16.25 	2 shall maintain their present classification unless the commissioner reclassifies the lands 
16.26 	under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal 
16.27 	trail closures when conditions warrant them. By December 31, 2008, the commissioner 
16.28 	shall complete the review and designate trails on forest lands north of Highway 2 as 
16.29 	provided in this section.

16.30 	Sec. 11.  REPEALER.
 16.31 	Minnesota Statutes 2006, section 84.928, subdivision 8, is repealed.

16.32 	ARTICLE 3
16.33 	GAME AND FISH

16.34 	Section 1. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:
17.1 		Subdivision 1.License required. (a) A person or entity may not operate an aquatic 
17.2 	farm without first obtaining an aquatic farm license from the commissioner.
17.3 	(b) Applications for an aquatic farm license must be made on forms provided by 
17.4 	the commissioner.
17.5 	(c) Licenses are valid for five years and are transferable upon notification to the 
17.6 	commissioner.
17.7 	(d) The commissioner shall issue an aquatic farm license on payment of the required 
17.8 	license fee under section 17.4988. 
17.9 	(e) A license issued by the commissioner is not a determination of private property 
17.10 	rights, but is only based on a determination that the licensee does not have a significant 
17.11 	detrimental impact on the public resource.
17.12 	(f) Until August 1, 2008, the commissioner shall not issue a new license to raise 
17.13 	minnows in a water body if the water body is the subject of a protective easement or 
17.14 	other interest in land that was acquired with funding from migratory waterfowl stamp 
17.15 	proceeds under section 97A.075, subdivision 2, or if the water body was the subject of 
17.16 	any other development, restoration, maintenance, or preservation project funded under 
17.17 	section 97A.075, subdivision 2. By January 15, 2008, the commissioner shall report to the 
17.18 	senate and house of representatives committees on natural resource policy on whether to 
17.19 	continue or expand the restrictions under this paragraph.

17.20 	Sec. 2. Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to read:
17.21 		Subd. 24.Game birds. "Game birds" means migratory waterfowl, ring-necked 
17.22 	pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, 
17.23 	gray partridge, bob-white quail, wild turkeys, coots, gallinules, sora and Virginia rails, 
17.24 	mourning dove, American woodcock, and common snipe.

17.25 	Sec. 3. Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision 
17.26 	to read:
17.27 		Subd. 26c.Immediately released or immediately returned to the water.
 17.28 	"Immediately released" or "immediately returned to the water" means that a fish must not 
17.29 	be retained longer than is needed at the site of capture to unhook, identify, measure, or 
17.30 	photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or 
17.31 	other container is not "immediately released" or "immediately returned to the water."

17.32 	Sec. 4. Minnesota Statutes 2006, section 97A.133, is amended by adding a subdivision 
17.33 	to read:
18.1 		Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.

18.2 	Sec. 5. Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:
18.3 		Subd. 5.Wild animals damaging property. Special permits may be issued with 
18.4 	or without a fee to take protected wild animals that are damaging property or to remove 
18.5 	or destroy their dens, nests, eggs, houses, or dams for the purpose of preventing or 
18.6 	reducing damage or injury to people, property, agricultural crops, or other interests. The 
18.7 	commissioner may prescribe rules for taking Canada geese and their nests and eggs, with 
18.8 	or without a permit, consistent with federal regulations. A special permit issued under this 
18.9 	subdivision to take beaver must state the number to be taken.

18.10 	Sec. 6. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
18.11 		Subd. 2.Personal possession. (a) A person acting under a license or traveling from 
18.12 	an area where a licensed activity was performed must have in personal possession either: 
18.13 	(1) the proper license, if the license has been issued to and received by the person; or (2) 
18.14 	the proper license identification number or stamp validation, if the license has been sold to 
18.15 	the person by electronic means but the actual license has not been issued and received.
18.16 	(b) If possession of a license or a license identification number is required, a person 
18.17 	must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 
18.18 	license if the license has been issued to and received by the person; or (2) the proper 
18.19 	license identification number or stamp validation and a valid state driver's license, state 
18.20 	identification card, or other form of identification provided by the commissioner, if the 
18.21 	license has been sold to the person by electronic means but the actual license has not been 
18.22 	issued and received. A person charged with violating the license possession requirement 
18.23 	shall not be convicted if the person produces in court or the office of the arresting officer, 
18.24 	the actual license previously issued to that person, which was valid at the time of arrest, 
18.25 	or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 
18.26 	request of a conservation officer or peace officer, a licensee shall write the licensee's name 
18.27 	in the presence of the officer to determine the identity of the licensee.
18.28 	(c) If the actual license has been issued and received, a receipt for license fees, a 
18.29 	copy of a license, or evidence showing the issuance of a license, including the license 
18.30 	identification number or stamp validation, does not entitle a licensee to exercise the rights 
18.31 	or privileges conferred by a license.
18.32 	(d) A license or stamp issued electronically and not immediately provided to the 
18.33 	licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp 
18.34 	validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A 
19.1 	pictorial turkey stamp or a pictorial trout and salmon stamp shall be mailed to the licensee 
19.2 	after purchase of a license or stamp validation only if the licensee pays an additional $2 fee.

19.3 	Sec. 7. Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:
19.4 		Subd. 4.Replacement licenses. (a) The commissioner may permit licensed deer 
19.5 	hunters to change zone, license, or season options. The commissioner may issue a 
19.6 	replacement license if the applicant submits the original deer license and unused tags that 
19.7 	are being replaced and the applicant pays any increase in cost between the original and 
19.8 	the replacement license. A refund of the difference in fees may be issued when a person 
19.9 	changes from a regular deer license to a youth deer license. When a person submits both 
19.10 	an archery and a firearms license for replacement, the commissioner may apply the value 
19.11 	of both licenses towards the replacement license fee.
19.12 	(b) A replacement license may be issued only if the applicant has not used any tag 
19.13 	from the original license or licenses and meets the conditions of paragraph (c). The original 
19.14 	license or licenses and all unused tags for that licensefor the licenses being replaced must 
19.15 	be submitted to the issuing agent at the time the replacement license is issued.
19.16 	(c) A replacement license may be issued under the following conditions, or as 
19.17 	otherwise prescribed by rule of the commissioner:
19.18 	(1) when the season for the license being surrendered has not yet opened; or
19.19 	(2) when the person is upgrading from a regular firearms or archery deer license to 
19.20 	a multizone or an all season deer license;
19.21 	(3) when the person is upgrading from a regular firearms license to a multizone 
19.22 	deer license; or
19.23 	(4) when the person is changing from a regular firearms deer license to a youth 
19.24 	deer license.
19.25 	(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 
19.26 	immediately upon issuance if the license being surrendered is valid at that time.

19.27 	Sec. 8. Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read:
19.28 		Subdivision 1.License period. (a) Except as provided in paragraphs (b), (c), and 
19.29 	(d), a license is valid during the lawful time within the license year that the licensed 
19.30 	activity may be performed. Except as provided in paragraph (c), a license year begins on 
19.31 	the first day of March and ends on the last day of February.
19.32 	(b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475, 
19.33 	subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid 
20.1 	for the full license period even if this period extends into the next license year, provided 
20.2 	that the license period selected by the licensee begins at the time of issuance. 
20.3 	(c) When the last day of February falls on a Saturday, an annual resident or 
20.4 	nonresident fish house or dark house license, including a rental fish house or dark house 
20.5 	license, obtained for the license year covering the last day of February, is valid through 
20.6 	Sunday, March 1 and the angling license of the fish house licensee is extended through 
20.7 	March 1. The license year for resident fishing, the angling portion of a sporting license, 
20.8 	nonresident fishing, resident fish house, resident dark house, and nonresident fish house 
20.9 	begins on March 1 and ends on April 30 of the following year.
20.10 	(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the 
20.11 	lawful time within the license year that the licensed activity may be performed for the 
20.12 	lifetime of the licensee. 

20.13 	Sec. 9. Minnesota Statutes 2006, section 97A.421, is amended by adding a subdivision 
20.14 	to read:
20.15 		Subd. 7.Taking wild animals while privileges are suspended. A person who 
20.16 	takes a protected wild animal during the time the person is prohibited from obtaining a 
20.17 	license to take that animal under this section is guilty of a misdemeanor.

20.18 	Sec. 10. Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:
20.19 		Subd. 3.Residents under age 16; small game. (a) A resident under age 16 may 
20.20 	not obtain a small game license but may take small game by firearms or bow and arrow 
20.21 	without a license if the resident is:
20.22 	(1) age 14 or 15 and possesses a firearms safety certificate;
20.23 	(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent 
20.24 	or guardian; or
20.25 	(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied 
20.26 	by a parent or guardian who possesses a small game license that was not obtained using an 
20.27 	apprentice hunter validation; or
20.28 	(4) age 12 or under and is accompanied by a parent or guardian.
20.29 	(b) A resident under age 16 may take small game by trapping without a small game 
20.30 	license, but a resident 13 years of age or older must have a trapping license. A resident 
20.31 	under age 13 may trap without a trapping license, but may not register fisher, otter, 
20.32 	bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 
20.33 	or pine marten taken by a resident under age five must be included in the limit of the 
20.34 	accompanying parent or guardian.
21.1 	(c) A resident under age 12 may apply for a turkey license and may take a turkey 
21.2 	without a firearms safety certificate if the resident is accompanied by an adult parent or 
21.3 	guardian who has a firearms safety certificate.

21.4 	Sec. 11. Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:
21.5 		Subd. 2.Resident hunting. Fees for the following licenses, to be issued to residents 
21.6 	only, are:
21.7 	(1) for persons age 18 or over and under age 65 to take small game, $12.50;
21.8 	(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
21.9 	(3) to take turkey, $18;
21.10 	(4) for persons age 18 or over to take deer with firearms, $26;
21.11 	(5) for persons age 18 or over to take deer by archery, $26;
21.12 	(6) to take moose, for a party of not more than six persons, $310;
21.13 	(7) to take bear, $38;
21.14 	(8) to take elk, for a party of not more than two persons, $250;
21.15 	(9) multizone license to take antlered deer in more than one zone, $52;
21.16 	(10) to take Canada geese during a special season, $4;
21.17 	(11) all season license to take twothree deer throughout the state in any open deer 
21.18 	season, except as restricted under section 97B.305, $78; 
21.19 	(12) to take prairie chickens, $20;
21.20 	(13) for persons at least age 12 and under age 18 to take deer with firearms during 
21.21 	the regular firearms season in any open zone or time period, $13; and
21.22 	(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

21.23 	Sec. 12. Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read:
21.24 		Subd. 4.Storage of protected wild animals. A person that stores protected wild 
21.25 	animals for others must plainly mark the package, in ink, with the name and address of the 
21.26 	owner, the license number of the person taking the animal, and the number and species in 
21.27 	the package. A person may not use a commercial cold storage warehouse for protected 
21.28 	wild animals, except lawfully taken fish and furs.

21.29 	Sec. 13. Minnesota Statutes 2006, section 97A.511, is amended to read:
21.30 	97A.511 FUR-BEARING ANIMALS.
21.31 	The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits 
21.32 	and hares, legally taken and bearing the required seals or tags required by the game and 
22.1 	fish laws, may be bought, sold, and transported at any time. The flesh of beaver, raccoon, 
22.2 	rabbits, and hare may not be transported out of the state.

22.3 	Sec. 14. Minnesota Statutes 2006, section 97B.015, is amended by adding a 
22.4 	subdivision to read:
22.5 		Subd. 5a.Exemption for military personnel. Notwithstanding subdivision 5, 
22.6 	a person who has successfully completed basic training in the United States Armed 
22.7 	Forces is exempt from the range and shooting exercise portion of the required course of 
22.8 	instruction for the firearms safety certificate. The commissioner may require written proof 
22.9 	of the person's military training, as deemed appropriate for implementing this subdivision. 
22.10 	The commissioner shall publicly announce this exemption from the range and shooting 
22.11 	exercise requirement and the availability of the department's online, remote study option 
22.12 	for adults seeking firearms safety certification. Military personnel are not exempt from 
22.13 	any other requirement of this section for obtaining a firearms safety certificate.

22.14 	EFFECTIVE DATE. This section is effective the day following final enactment 
22.15 	and applies to applications for certificates made on or after that date.

22.16 	Sec. 15. Minnesota Statutes 2006, section 97B.020, is amended to read:
22.17 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
22.18 	(a) Except as provided in this section and section 97A.451, subdivision 3a, a person 
22.19 	born after December 31, 1979, may not obtain an annual license to take wild animals by 
22.20 	firearms unless the person has:
22.21 	(1) a firearms safety certificate or equivalent certificate;
22.22 	(2) a driver's license or identification card with a valid firearms safety qualification 
22.23 	indicator issued under section 171.07, subdivision 13;
22.24 	(3) a previous hunting license with a valid firearms safety qualification indicator; or
22.25 	(4) an apprentice hunter certificate issued under section 97B.022; or
22.26 	(5) other evidence indicating that the person has completed in this state or in another 
22.27 	state a hunter safety course recognized by the department under a reciprocity agreement or 
22.28 	certified by the department as substantially similar.
22.29 	(b) A person who is on active duty and has successfully completed basic training 
22.30 	in the United States armed forces, reserve component, or National Guard may obtain a 
22.31 	hunting license or approval authorizing hunting regardless of whether the person is issued 
22.32 	a firearms safety certificate.
23.1 	(c) A person born after December 31, 1979, may not use a lifetime license to take 
23.2 	wild animals by firearms, unless the person meets the requirements for obtaining an annual 
23.3 	license under paragraph (a) or (b).

23.4 	Sec. 16. [97B.022] APPRENTICE HUNTER VALIDATION.
23.5 		Subdivision 1.Definition. For the purpose of this section, "accompanied" means 
23.6 	to stay within a distance of another person that permits uninterrupted visual contact and 
23.7 	unaided verbal communication.
23.8 		Subd. 2.Apprentice hunter validation requirements. A resident born after 
23.9 	December 31, 1979, who is age 12 or older and who does not possess a firearms safety 
23.10 	certificate may be issued an apprentice hunter validation. An apprentice hunter validation 
23.11 	is valid for only one license year in a lifetime. An individual in possession of an apprentice 
23.12 	hunter validation may hunt small game and deer only when accompanied by an adult 
23.13 	licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter 
23.14 	validation. An apprentice hunter validation holder must obtain all required licenses and 
23.15 	stamps.

23.16 	Sec. 17. Minnesota Statutes 2006, section 97B.031, subdivision 5, is amended to read:
23.17 		Subd. 5.Scopes; visually impaired hunters on muzzleloaders. (a) 
23.18 	Notwithstanding any other law to the contrary, the commissioner may issue a special 
23.19 	permit, without a fee, to A person may use a muzzleloader with a scope to take deer 
23.20 	during the muzzleloader season to a person who obtains the required licenses and who has 
23.21 	a visual impairment. The scope may not have magnification capabilities.
23.22 	(b) The visual impairment must be to the extent that the applicant is unable 
23.23 	to identify targets and the rifle sights at the same time without a scope. The visual 
23.24 	impairment and specific conditions must be established by medical evidence verified in 
23.25 	writing by a licensed physician, ophthalmologist, or optometrist. The commissioner 
23.26 	may request additional information from the physician if needed to verify the applicant's 
23.27 	eligibility for the permit.
23.28 	(c) A permit issued under this subdivision may be valid for up to five years, based 
23.29 	on the permanence of the visual impairment as determined by the licensed physician, 
23.30 	ophthalmologist, or optometrist.
23.31 	(d) The permit must be in the immediate possession of the permittee when hunting 
23.32 	under the special permit.
23.33 	(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 
23.34 	this subdivision for cause, including a violation of the game and fish laws or rules.
24.1 	(f) A person who knowingly makes a false application or assists another in making 
24.2 	a false application for a permit under this subdivision is guilty of a misdemeanor. A 
24.3 	physician, ophthalmologist, or optometrist who fraudulently certifies to the commissioner 
24.4 	that a person is visually impaired as described in this subdivision is guilty of a 
24.5 	misdemeanor.

24.6 	Sec. 18. Minnesota Statutes 2006, section 97B.035, is amended by adding a 
24.7 	subdivision to read:
24.8 		Subd. 1a.Minimum draw weight. A bow used to take big game must have a pull 
24.9 	that meets or exceeds 30 pounds at or before full draw.

24.10 	Sec. 19. Minnesota Statutes 2006, section 97B.075, is amended to read:
24.11 	97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
24.12 	(a) A person may not take protected wild animals, except raccoon and fox, with 
24.13 	a firearm between the evening and morning times established by commissioner's rule, 
24.14 	except as provided in this section.
24.15 	(b) Big game may be taken from one-half hour before sunrise until one-half hour 
24.16 	after sunset.
24.17 	(c) Except as otherwise prescribed by the commissioner on or before the Saturday 
24.18 	nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 
24.19 	during the entire season prescribed by the commissioner. On the opening day of the duck 
24.20 	season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

24.21 	Sec. 20. Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read:
24.22 		Subd. 3.Communication excepted. This section does not prohibit the use of:
24.23 	(1) one-way radio communication between a handler and a dog; or
24.24 	(2) a remote-controlled animal noise caller for taking unprotected wild animals.

24.25 	Sec. 21. Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:
24.26 		Subd. 7.All season deer license. (a) A resident may obtain an all season deer 
24.27 	license that authorizes the resident to hunt during the archery, regular firearms, and 
24.28 	muzzle-loader seasons. The all season license is valid for taking three deer, no more 
24.29 	than one of which may be a legal buck.
24.30 	(b) The all season deer license is valid for taking antlerless deer as follows:
25.1 	(1) up to two antlerless deer may be taken during the archery or muzzle-loader 
25.2 	seasons in any open area or during the regular firearms season in managed or intensive 
25.3 	deer areas; and
25.4 	(2) one antlerless deer may be taken during the regular firearms season in a lottery 
25.5 	deer area, only with an either-sex permit or statutory exemption from an either-sex permit
25.6 	prescribed by the commissioner.
25.7 	(c) The commissioner shall issue three tags when issuing a license under this 
25.8 	subdivision.

25.9 	Sec. 22. Minnesota Statutes 2006, section 97B.311, is amended to read:
25.10 	97B.311 DEER SEASONS AND RESTRICTIONS.
25.11 	(a) The commissioner may, by rule, prescribe restrictions and designate areas where 
25.12 	deer may be taken, including hunter selection criteria for special hunts established under 
25.13 	section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open 
25.14 	seasons for deer within the following periods: 
25.15 	(1) taking with firearms, other than muzzle-loading firearms, between November 1 
25.16 	and December 15;
25.17 	(2) taking with muzzle-loading firearms between September 1 and December 31; and
25.18 	(3) taking by archery between September 1 and December 31.
25.19 	(b) Notwithstanding paragraph (a), the commissioner may establish special seasons 
25.20 	within designated areas at any time of year.
25.21 	(c) Smokeless gunpowder may not be used in a muzzle-loader during the 
25.22 	muzzle-loader season.

25.23 	Sec. 23. Minnesota Statutes 2006, section 97B.405, is amended to read:
25.24 	97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
25.25 	(a) The commissioner may limit the number of persons that may hunt bear in an 
25.26 	area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
25.27 	(b) The commissioner may establish, by rule, a method, including a drawing, to 
25.28 	impartially select the hunters for an area. The commissioner shall give preference to 
25.29 	hunters that have previously applied and have not been selected.
25.30 	(c) Until December 1, 2008, notwithstanding paragraph (b), the commissioner 
25.31 	may issue up to ten additional bear hunting permits for the promotion of scientific, 
25.32 	conservation, or educational purposes.

25.33 	Sec. 24. Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:
26.1 		Subdivision 1.Information required. (a) A person may not set or place a trap or 
26.2 	snare, other than on property owned or occupied by the person, unless the following 
26.3 	information is affixed to the trap or snare in a manner that ensures that the information 
26.4 	remains legible while the trap or snare is on the lands or waters:
26.5 	(1) the number and state of the person's driver's license;
26.6 	(2) the person's Minnesota identification card number; or
26.7 	(3) the person's name and mailing address; or
26.8 	(4) the license identification number issued by the Department of Natural Resources.
26.9 	(b) The commissioner may not prescribe additional requirements for identification 
26.10 	of traps or snares.
26.11 	(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1), 
26.12 	may be the person's previously issued Minnesota driver's license number.

26.13 	Sec. 25. Minnesota Statutes 2006, section 97C.325, is amended to read:
26.14 	97C.325 PROHIBITED METHODS OF RESTRICTIONS ON TAKING FISH.
26.15 	(a) Except as specifically authorized, a person may not take fish with:
26.16 	(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or 
26.17 	other similar substances;
26.18 	(2) substances or devices that kill, stun, or affect the nervous system of fish;
26.19 	(3) nets, traps, trot lines, or snares; or
26.20 	(4) spring devices that impale, hook, or capture fish.
26.21 	(b) If a person possesses a substance or device listed in paragraph (a) on waters, 
26.22 	shores, or islands, it is presumptive evidence that the person is in violation of this section.
26.23 	(c) The commissioner may, by rule, allow the use of a nonmotorized device with a 
26.24 	recoil mechanism to take fish through the ice.
26.25 	(d) To protect water quality or improve habitat for fish or wildlife, the commissioner 
26.26 	may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of 
26.27 	water.

26.28 	Sec. 26. Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:
26.29 		Subd. 8.Confiscation of unlawful structures; civil penalty. (a) Structures on the 
26.30 	ice in violation of this section may be confiscated and disposed of, retained by the division, 
26.31 	or sold at the highest price obtainable, in a manner prescribed by the commissioner.
26.32 	(b) In addition to other penalties provided by law, the owner of a structure left on the 
26.33 	ice in violation of this section is subject to a civil penalty under section 115A.99.

27.1 	Sec. 27. Minnesota Statutes 2006, section 97C.395, subdivision 1, is amended to read:
27.2 		Subdivision 1.Dates for certain species. (a) The open seasons to take fish by 
27.3 	angling are as follows:
27.4 	(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and 
27.5 	smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend 
27.6 	to the last Sunday in February;
27.7 	(2) for lake trout, from January 1 to October 31;
27.8 	(3) for lake trout on lakes during the winter from the Saturday nearest January 1 
27.9 	to March 31;
27.10 	(4) for brown trout, brook trout, rainbow trout, and splake, between January 1 to 
27.11 	October 31 as prescribed by the commissioner by rule except as provided in section 
27.12 	97C.415, subdivision 2; and
27.13 	(4) (5) for salmon, as prescribed by the commissioner by rule.
27.14 	(b) The commissioner shall close the season in areas of the state where fish are 
27.15 	spawning and closing the season will protect the resource.

27.16 	Sec. 28. Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:
27.17 		Subdivision 1.Commercial fishing license for Lake Superior. (a) A license to 
27.18 	fish commercially in Lake Superior shall be issued to a maximum of 50 25 residents. To 
27.19 	qualify for licensing, a resident must have landed fish in the previous year with a value of 
27.20 	at least $1,500, and must have engaged in commercial fishing for at least 30 days of the 
27.21 	previous year. An applicant may be issued a license, at the discretion of the commissioner, 
27.22 	if failure to meet the requirements for the dollar value of fish landed or number of days 
27.23 	fished resulted from illness or other mitigating circumstances, or the applicant has reached 
27.24 	the age of 65 and has been licensed at least five of the previous ten years.
27.25 	(b) A license may be issued to a resident who has not previously fished commercially 
27.26 	on Lake Superior and has not been convicted of a game and fish law violation in the 
27.27 	preceding three years, if the applicant:
27.28 	(1) shows a bill of sale indicating the purchase of gear and facilities connected 
27.29 	with an existing license;
27.30 	(2) shows proof of inheritance of all the gear and facilities connected with an 
27.31 	existing license; or
27.32 	(3) has served at least two years as an apprentice in a Minnesota Lake Superior 
27.33 	licensed commercial fishing operation.

27.34 	Sec. 29. Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:
28.1 		Subd. 3.Pound nets and trap nets. Pound or trap nets may be used to take lake 
28.2 	whitefish, round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and 
28.3 	rough fish in Lake Superior, including St. Louis Bay east of the U.S. Highway 53 bridge, 
28.4 	under the rules prescribed by the commissioner.

28.5 	Sec. 30. Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:
28.6 		Subd. 8.Special permits. The commissioner may issue special permits to duly 
28.7 	licensed commercial fishing operators not exceeding 20 in number, for the purpose 
28.8 	of taking lake trout, ciscoes, and lake whitefish spawn during the closed season for the 
28.9 	propagation of trout in Lake Superior and adjacent waters under rules prescribed by the 
28.10 	commissioner.

28.11 	Sec. 31. [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED 
28.12 	ASSESSMENT HARVEST.
28.13 	Until September 30, 2012, the commissioner shall provide for taking of lake trout by 
28.14 	licensed commercial operators in Lake Superior management zones MN-3 and MN-2 for 
28.15 	expanded assessment and sale. The commissioner shall authorize expanded assessment 
28.16 	taking and sale of lake trout in Lake Superior management zone MN-3 beginning in 2007 
28.17 	and zone MN-2 beginning in 2010. Total assessment taking and sale may not exceed 
28.18 	3,000 lake trout in zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when 
28.19 	necessary to protect the lake trout population or to manage the effects of invasive species 
28.20 	or fish disease. Taking lake trout for expanded assessment and sale shall be allowed from 
28.21 	June 1 to September 30, but may end earlier in the respective zones if the quotas are 
28.22 	reached. The commissioner shall establish slot limits for fish taken under this section. The 
28.23 	quotas must be reassessed at the expiration of the current ten-year Fisheries Management 
28.24 	Plan for the Minnesota Waters of Lake Superior dated September, 2006.

28.25 	Sec. 32. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
 28.26 	(a) The following area is established and designated as the Vermillion Highlands 
28.27 	Wildlife Management Area, subject to the special permitted uses authorized in this section:
28.28 	The approximately 2,840 acres owned by the University of Minnesota lying within 
28.29 	the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of 
28.30 	Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the 
28.31 	West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range 
28.32 	19 West, Dakota County.
29.1 	(b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph 
29.2 	(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
29.3 	(1) education, outreach, and agriculture;
29.4 	(2) research by the University of Minnesota or other permitted researchers;
29.5 	(3) hunting, fishing, trapping, and other compatible wildlife-related recreation and 
29.6 	supporting management and improvements;
29.7 	(4) designated trails for hiking, horseback riding, biking, and cross-country skiing 
29.8 	and necessary trailhead support;
29.9 	(5) shooting sports facilities for firearms training, small and large caliber shooting, 
29.10 	archery, and skeet and trap shooting;
29.11 	(6) grant-in-aid snowmobile trails; and
29.12 	(7) leases for small-scale farms to market vegetable farming.
29.13 	(c) With the concurrence of representatives of the University of Minnesota and 
29.14 	Dakota County, the commissioner of natural resources may, by posting or rule, restrict the 
29.15 	permitted uses as follows:
29.16 	(1) temporarily close areas or trails, by posting at the access points, to facilitate 
29.17 	hunting. When temporarily closing trails under this clause, the commissioner shall avoid 
29.18 	closing all trail loops simultaneously whenever practical; or
29.19 	(2) limit other permitted uses to accommodate hunting and trapping after providing 
29.20 	advance public notice. Research conducted by the university may not be limited unless 
29.21 	mutually agreed by the commissioner and the University of Minnesota.
29.22 	(d) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state 
29.23 	of Minnesota shall not provide payments in lieu of taxes for the lands described in 
29.24 	paragraph (a).

29.25 	Sec. 33. RULE AMENDMENTS.
 29.26 	The commissioner of natural resources may use the good cause exemption under 
29.27 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform 
29.28 	to sections 29 to 32. Minnesota Statutes, section 14.386, does not apply to the rulemaking 
29.29 	under this section except to the extent provided under Minnesota Statutes, section 14.388.

29.30 	Sec. 34. ACCESS TO MINNESOTA OUTDOORS PLAN.
 29.31 		Subdivision 1.Walk-in access plan. (a) The commissioner of natural resources 
29.32 	shall prepare a plan for walk-in public access under which the commissioner may 
29.33 	encourage owners and operators of privately held land to voluntarily make that land 
30.1 	available for walk-in access by the public for hunting and fishing under programs 
30.2 	administered by the commissioner.
30.3 	(b) As part of the plan, the commissioner shall explore entering into contracts with 
30.4 	the owners or lessees of land to establish voluntary walk-in public access for hunting, 
30.5 	fishing, or other wildlife-dependent recreational activities.
30.6 	(c) In the plan, the commissioner must describe:
30.7 	(1) the benefits that private land will provide the public, such as hunting, fishing, 
30.8 	bird watching, and related outdoor activities; and 
30.9 	(2) the types of game, fish, and wildlife habitat improvements made to the land that 
30.10 	will enhance public uses.
30.11 	(d) The commissioner shall explore walk-in public access programs in other states 
30.12 	and recommend a walk-in program for public access to private lands for hunting, fishing, 
30.13 	and related recreational activities. 
30.14 		Subd. 2.Preemption. Nothing in the plan may preempt trespass or liability laws.
30.15 		Subd. 3.Report. By January 15, 2008, the commissioner must present the 
30.16 	walk-in public access plan to the house of representatives and senate committees with 
30.17 	jurisdiction over natural resources policy and finance, with recommendations on program 
30.18 	implementation.

30.19 	Sec. 35. CORMORANT DIETARY STUDY.
 30.20 	The Department of Natural Resources shall conduct a dietary study of the cormorant 
30.21 	population on Lake of the Woods, in consultation with local units of governments 
30.22 	bordering Lake of the Woods. The cost of the study shall be paid by local units of 
30.23 	government associated with the study.

30.24 	Sec. 36.  REPEALER.
 30.25 	Minnesota Statutes 2006, sections 97A.475, subdivision 38; and 97C.365, are 
30.26 	repealed.

30.27 	ARTICLE 4
30.28 	STATE LANDS

30.29 	Section 1. Minnesota Statutes 2006, section 84.0272, subdivision 3, is amended to read:
30.30 		Subd. 3.Minimal value acquisition. (a) Notwithstanding subdivision 1, if the 
30.31 	commissioner determines that lands or interests in land have a value less than $5,000
30.32 	$100,000, the commissioner may acquire the lands for the value determined by the 
31.1 	commissioner without an appraisal. The commissioner shall make the determination based 
31.2 	upon available information including, but not limited to:
31.3 	(1) the most recent assessed market value of the land or interests in land as 
31.4 	determined by the county assessor of the county in which the land or interests in land 
31.5 	is located;
31.6 	(2) a sale price of the land or interests in land, provided the sale occurred within 
31.7 	the past year;
31.8 	(3) the sale prices of comparable land or interests in land located in the vicinity 
31.9 	and sold within the past year; or
31.10 	(4) an appraisal of the land or interests in land conducted within the past year.
31.11 	(b) In the event the value is minimal less than $1,000, the commissioner may add a 
31.12 	transaction incentive, provided that the sum of the incentive plus the value of the land 
31.13 	does not exceed $1,000.

31.14 	Sec. 2. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
31.15 		Subd. 5.Owner's rights. When the state proposes to purchase in fee or any lesser 
31.16 	interest in land which will be administered by the commissioner of natural resources, the 
31.17 	landowner shall have the following rights:
31.18 	(a) The right to be informed of the specific intended use of the property and of any 
31.19 	change in the intended use of the property which occurs during the acquisition process. 
31.20 	The owner shall also be informed that the documents regarding the purchase will be public 
31.21 	records if the land is purchased by the state;
31.22 	(b) The right to be paid a fair price for the property. The price shall include the 
31.23 	fair market value of the land plus:
31.24 	(1) All necessary incidental costs such as abstracting and recording fees related 
31.25 	to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not 
31.26 	reimbursable; and
31.27 	(2) Any penalties incurred by the owner where the property is security for a loan 
31.28 	or advance of credit that contains a provision requiring or permitting the imposition of a 
31.29 	penalty if the loan or advance of credit is prepaid;
31.30 	(c) The right to payment, at the owner's election, in a lump sum or in up to four 
31.31 	annual installments;
31.32 	(d) The right to have the property fairly appraised by the state. The state's appraiser 
31.33 	shall physically inspect the property and shall allow the owner alongthe owner shall be 
31.34 	allowed to accompany the appraiser when the appraisal is made. The state's appraiser shall 
31.35 	certify in the appraisal report to having physically inspected the property and having 
32.1 	given the landowner an opportunity to go alongaccompany the appraiser on inspections. 
32.2 	Notwithstanding section 13.44, subdivision 3, before an offer is made,  the landowner 
32.3 	shall be given a resume of the state's certified appraisal. The resume shall include the 
32.4 	appraiser's conclusions as to value, acreage and type of land, value of buildings and 
32.5 	other improvements, value of timber, special damages and any special elements of value
32.6 	informed of the value determined pursuant to section 84.0272;
32.7 	(e) The right to retain a qualified independent appraiser to conduct an appraisal at any 
32.8 	time prior to certification of the state's appraisal of the property and to be reimbursed for 
32.9 	appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state 
32.10 	and to have that appraisal considered along with the state's in certifying the selling price; 
32.11 	(f) The right to have the state acquire the property by means of condemnation upon 
32.12 	the owner's request with the agreement of the commissioner;
32.13 	(g) The right to receive or waive relocation assistance, services, payments and 
32.14 	benefits as provided in sections 117.52 and 117.521; 
32.15 	(h) The right to accept the state's offer for the property and contest the state's offer 
32.16 	for relocation and moving expenses;
32.17 	(i) The right to continue occupancy of the property until full payment is received, 
32.18 	provided that when the owner elects to receive payment in annual installments pursuant to 
32.19 	clause (c), the owner may retain occupancy until the first payment is made; and
32.20 	(j) The right to seek the advice of counsel regarding any aspect of the land 
32.21 	transaction.

32.22 	Sec. 3. Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision 
32.23 	to read:
32.24 		Subd. 11b. Greenleaf Lake State Recreation Area, which is hereby renamed from 
32.25 	Greenleaf Lake State Park.

32.26 	Sec. 4. Minnesota Statutes 2006, section 89.55, is amended to read:
32.27 	89.55 INFESTATION CONTROL, COSTS.
32.28 	Upon the establishment of the zone of infestation, the commissioner may apply 
32.29 	measures of infestation control on public and private forest and other lands within such
32.30 	an infected zone and to any trees, timber, plants or, shrubs thereon, or contaminated soil
32.31 	harboring or which may harbor the forest pests. For this purpose, the duly authorized 
32.32 	representatives of the commissioner are authorized to enter upon any lands, public or 
32.33 	private within such zone. The commissioner may enter into agreements with owners of the 
33.1 	lands in the zone covering the control work on their lands, and fixing the pro rata basis on 
33.2 	which the cost of such the work will be shared between the commissioner and said owner.

33.3 	Sec. 5. [89.551] APPROVED FIREWOOD REQUIRED.
33.4 	(a) After the commissioner issues an order under paragraph (b), a person may not 
33.5 	possess firewood on land administered by the commissioner of natural resources unless 
33.6 	the firewood:
33.7 	(1) was obtained from a firewood distribution facility located on land administered 
33.8 	by the commissioner;
33.9 	(2) was obtained from a firewood dealer who is selling firewood that is approved by 
33.10 	the commissioner under paragraph (b); or
33.11 	(3) has been approved by the commissioner of natural resources under paragraph (b).
33.12 	(b) The commissioner of natural resources shall, by written order published 
33.13 	in the State Register, approve firewood for possession on lands administered by the 
33.14 	commissioner. The order is not subject to the rulemaking provisions of chapter 14 and 
33.15 	section 14.386 does not apply.
33.16 	(c) A violation under this section is subject to confiscation of firewood and after 
33.17 	May 1, 2008, a petty misdemeanor penalty.
33.18 	(d) For the purposes of this section, "firewood" means any wood that is intended for 
33.19 	use in a campfire, as defined in section 88.01, subdivision 25.

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

33.21 	Sec. 6. Minnesota Statutes 2006, section 93.55, subdivision 1, is amended to read:
33.22 		Subdivision 1.Forfeiture; failure to record. If the owner of a mineral interest fails 
33.23 	to record the verified statement required by section 93.52, before January 1, 1975, as to 
33.24 	any interests owned on or before December 31, 1973, or within one year after acquiring 
33.25 	suchthe interests as to interests acquired after December 31, 1973, and not previously 
33.26 	recorded under section 93.52, the mineral interest shall forfeit to the state after notice and 
33.27 	opportunity for hearing as provided in this section. However, before completing the 
33.28 	procedures set forth in subdivision 2, the commissioner of natural resources may lease the 
33.29 	severed mineral interest as provided in subdivisions 1a and 3.

33.30 	Sec. 7. Minnesota Statutes 2006, section 97A.145, subdivision 2, is amended to read:
33.31 		Subd. 2.Acquisition procedure. (a) Except as provided in paragraph (g), 
33.32 	lands purchased or leased under this section must be acquired in accordance with this 
33.33 	subdivision.
34.1 	(b) The commissioner must notify the county board and the town officers where the 
34.2 	land is located and furnish them a description of the land to be acquired. The county board 
34.3 	must approve or disapprove the proposed acquisition within 90 days after being notified. 
34.4 	The commissioner may extend the time up to 30 days. The soil and water conservation 
34.5 	district supervisors shall counsel the county board on drainage and flood control and the 
34.6 	best utilization and capability of the land.
34.7 	(c) If the county board approves the acquisition within the prescribed time, the 
34.8 	commissioner may acquire the land.
34.9 	(d) If the county board disapproves the acquisition, it must state valid reasons. 
34.10 	The commissioner may not purchase or lease the land if the county board disapproves 
34.11 	the acquisition and states its reasons within the prescribed time period. The landowner 
34.12 	or the commissioner may appeal the disapproval to the district court having jurisdiction 
34.13 	where the land is located.
34.14 	(e) The commissioner or the owner of the land may submit the proposed acquisition 
34.15 	to the Land Exchange Board if: (1) the county board does not give reason for disapproval, 
34.16 	or does not approve or disapprove the acquisition within the prescribed time period; or 
34.17 	(2) the court finds that the disapproval is arbitrary and capricious, or that the reasons 
34.18 	stated for disapproval are invalid.
34.19 	(f) The Land Exchange Board must conduct a hearing and make a decision on 
34.20 	the acquisition within 60 days after receiving the proposal. The Land Exchange Board 
34.21 	must give notice of the hearing to the county board, the commissioner, the landowner, 
34.22 	and other interested parties. The Land Exchange Board must consider the interests of the 
34.23 	county, the state, and the landowner in determining whether the acquisition is in the public 
34.24 	interest. If a majority of the Land Exchange Board members approves the acquisition, 
34.25 	the commissioner may acquire the land. If a majority disapproves, the commissioner 
34.26 	may not purchase or lease the land.
34.27 	(g) This subdivision does not apply to land acquired for the following wildlife 
34.28 	management areas: Bearman, Bethel, Carl E. Bonnell, Carlos Avery, Gordie Mikkelson, 
34.29 	Houle, Lamprey Pass, and Robert and Marilyn Burman.

34.30 	Sec. 8. Laws 2006, chapter 236, article 1, section 21, is amended to read:
34.31 	Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 
34.32 	ITASCA COUNTY.
 34.33 	(a) For the purpose of a land exchange for use in connection with a proposed 
34.34 	steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 
34.35 	subdivision 3, title examination and approval of the land described in paragraph (b) 
35.1 	shall be undertaken as a condition of exchange of the land for class B land, and shall be 
35.2 	governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions 
35.3 	of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 
35.4 	section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 
35.5 	reports or title insurance commitments prepared or underwritten by a title insurer licensed 
35.6 	to conduct title insurance business in this state, regardless of whether abstracts were 
35.7 	created or updated in the preparation of the title reports or commitments. The opinion of 
35.8 	the county attorney, and approval by the attorney general, shall be based on those title 
35.9 	reports or commitments.
35.10 	(b) The land subject to this section is located in Itasca County and is described as:
35.11 	(1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 
35.12 	56 North, Range 22 West;
35.13 	(2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
35.14 	(3) Section 30, Township 57 North, Range 22 West; and
35.15 	(4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
35.16 	(c) Riparian land given in exchange by Itasca County for the purpose of the steel 
35.17 	mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 
35.18 	Statutes, section 94.342, subdivision 3.
35.19 	(d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
35.20 	and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 
35.21 	by private sale, any land received in exchange for the purpose of the steel mill referenced 
35.22 	in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 
35.23 	sale must be in a form approved by the attorney general.
35.24 	(e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other 
35.25 	law to the contrary, land acquired through an exchange under this section is exempt from 
35.26 	payment of three percent of the sales price required to be collected by the county auditor 
35.27 	at the time of sale for deposit in the state treasury.

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

35.29 	Sec. 9. ADDITIONS TO STATE PARKS.
 35.30 		Subdivision 1.[85.012] [Subd. 16.] Flandrau State Park, Brown County. The 
35.31 	following area is added to Flandrau State Park, Brown County: that part of Lot 2, Block 
35.32 	One, Conklin Addition in the city of New Ulm, Brown County, Minnesota, according to the 
35.33 	plat of record in the Office of the County Recorder, Brown County, Minnesota, described 
35.34 	as follows: beginning at the southerly most corner of Lot 2, Block One, Conklin Addition 
35.35 	in the city of New Ulm, Brown County, Minnesota; thence North 55 degrees 29 minutes 
36.1 	26 seconds East (assumed bearing) along the southeasterly line of said Lot 2 a distance of 
36.2 	107.92 feet; thence South 60 degrees 45 minutes 57 seconds West a distance of 102.48 feet 
36.3 	to the westerly line of Lot 2; thence South 02 degrees 33 minutes 23 seconds East along 
36.4 	said westerly line of Lot 2 a distance of 11.10 feet to the point of beginning; containing 
36.5 	508 square feet, more or less, and subject to easements of record in said County and State.
36.6 		Subd. 2.[85.012] [Subd. 59.] Whitewater State Park, Winona County. The 
36.7 	following area is added to Whitewater State Park, Winona County: that part of the 
36.8 	Southeast Quarter of Section 18, Township 107 North, Range 10 West, Winona County, 
36.9 	Minnesota, described as follows: commencing at the southwest corner of the Northwest 
36.10 	Quarter of Section 17, Township 107 North, Range 10 West; thence on an assumed 
36.11 	bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said 
36.12 	Northwest Quarter, 303.04 feet; thence continue South 89 degrees 26 minutes 39 seconds 
36.13 	East along said south line 1327.79 feet; thence South 00 degrees 33 minutes 21 seconds 
36.14 	West, 300.00 feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said 
36.15 	south line, 1027.83 feet; thence South 00 degrees 33 minutes 21 seconds West, 300.00 
36.16 	feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said south line, 
36.17 	597 feet, more or less, to the intersection with the east line of the Southeast Quarter of said 
36.18 	Section 18 being also the POINT OF BEGINNING; thence North 89 degrees 26 minutes 
36.19 	39 seconds West parallel with said south line, 330 feet, more or less, to the centerline of a 
36.20 	township road; thence North 16 degrees 01 minutes 55 seconds West along said centerline, 
36.21 	170.44 feet; thence northwesterly along said centerline on a tangential curve concave 
36.22 	southwesterly, having a central angle of 10 degrees 57 minutes 52 seconds, radius of 
36.23 	2426.00 feet, for an arc length of 464.25 feet to the north line of said Southeast Quarter of 
36.24 	Section 18; thence North 89 degrees 48 minutes 48 seconds East along the north line of 
36.25 	said Southeast Quarter, 547.06 feet to the southwest corner of said Northwest Quarter; 
36.26 	thence South 00 degrees East, a distance of 600 feet, more or less, along the said east line 
36.27 	to the POINT OF BEGINNING. Containing 5.78 acres, more or less.

36.28 	Sec. 10. DELETIONS FROM STATE PARKS.
 36.29 	[85.012] [Subd. 16.] Flandrau State Park, Brown County. The following area is 
36.30 	deleted from Flandrau State Park, Brown County: that part of Outlot 293 in the city of 
36.31 	New Ulm, according to the Plat of the City of New Ulm, of record in the Office of the 
36.32 	County Recorder, Brown County, Minnesota, described as follows: commencing at the 
36.33 	southerly most corner of Lot 2, Block One, Conklin Addition in the city of New Ulm, 
36.34 	Brown County, Minnesota; thence North 55 degrees 29 minutes 26 seconds East (assumed 
36.35 	bearing), along the southeasterly line of said Lot 2, a distance of 107.92 feet to the point of 
37.1 	beginning; thence continuing North 55 degrees 29 minutes 26 seconds East, along said 
37.2 	southerly line of Lot 2, a distance of 80.95 feet, to the easterly most corner of said Lot 2; 
37.3 	thence South 19 degrees 33 minutes 58 seconds East, along the southeasterly prolongation 
37.4 	of the easterly line of said Lot 2, a distance of 10.0 feet; thence South 62 degrees 31 
37.5 	minutes 07 seconds West, 78.97 feet to the point of beginning, containing 391 square feet, 
37.6 	more or less, and subject to easement of record in said county and state.

37.7 	Sec. 11. GREENLEAF LAKE STATE RECREATION AREA.
 37.8 		Subdivision 1. [85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area.
 37.9 	In addition to the lands designated under Laws 2003, First Special Session chapter 13, 
37.10 	section 6, as amended by Laws 2004, chapter 262, article 2, section 10, the following lands 
37.11 	are added to the Greenleaf Lake State Recreation Area:
37.12 	(1) the West 1104.98 feet of Government Lot 4, Section 21, Township 118 North, Range 
37.13 	30 West, Meeker County, Minnesota; and
37.14 	(2) that part of Government Lot 7 of Section 20, Township 118, Range 30, which lies 
37.15 	south of the following described line and its extensions: said line commencing at the 
37.16 	southwest corner of said Section 20; thence on an assumed bearing of North 08 degrees 
37.17 	22 minutes 44 seconds West, along the west line of said section, a distance of 1350.00 
37.18 	feet to the point of beginning of the line to be described; thence North 88 degrees 28 
37.19 	minutes 35 seconds East, a distance of 699 feet to the shoreline of Greenleaf Lake and 
37.20 	said line terminating thereat; and Government Lot 8 of said section except the following 
37.21 	described tract: said tract being that part of said Government Lot 8 lying east of the 
37.22 	following described line: said line commencing at the southwest corner of said section; 
37.23 	thence easterly, along the south line of said section, a distance of 734.60 feet to the point 
37.24 	of beginning of the line to be described; thence north at a right angle, a distance of 100 
37.25 	feet and said line terminating thereat.
37.26 		Subd. 2.Management plan. The commissioner of natural resources, in 
37.27 	consultation with local elected officials and citizens of Meeker County and other 
37.28 	interested stakeholders, shall develop a comprehensive management plan that provides for 
37.29 	opportunities for outdoor recreation, as defined under Minnesota Statutes, section 86A.03, 
37.30 	subdivision 3, in Greenleaf Lake State Recreation Area. The completed management plan 
37.31 	shall serve as the master plan for purposes of Minnesota Statutes, section 86A.09.

37.32 	Sec. 12. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
37.33 	WATER; AITKIN COUNTY.
 38.1 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
38.2 	resources may sell by public sale the surplus land bordering public water that is described 
38.3 	in paragraph (c). 
38.4 	(b) The conveyance must be in a form approved by the attorney general. The 
38.5 	attorney general may make necessary changes to the legal description to correct errors 
38.6 	and ensure accuracy. 
38.7 	(c) The land that may be sold is located in Aitkin County and is described as follows:
38.8 	(1) Government Lot 3, Section 24, Township 50 North, Range 25 West, containing 
38.9 	5.8 acres, more or less; and 
38.10 	(2) Government Lot 4, Section 24, Township 50 North, Range 25 West, containing 
38.11 	0.9 acres, more or less.
38.12 	(d) The land borders the Willow River and is not contiguous to other state lands. 
38.13 	The Department of Natural Resources has determined that the land is not needed for 
38.14 	natural resource purposes.

38.15 	Sec. 13. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
38.16 	WATER; AITKIN COUNTY.
 38.17 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
38.18 	resources may sell by public sale the surplus land bordering public water that is described 
38.19 	in paragraph (c). 
38.20 	(b) The conveyance must be in a form approved by the attorney general. The 
38.21 	attorney general may make necessary changes to the legal description to correct errors 
38.22 	and ensure accuracy. 
38.23 	(c) The land that may be sold is located in Aitkin County and is described as 
38.24 	follows: Government Lot 2, Section 8, Township 48 North, Range 25 West, containing 
38.25 	34.6 acres, more or less.
38.26 	(d) The land borders Gun Lake. The Department of Natural Resources has 
38.27 	determined that school trust management interests would best be served if the land was 
38.28 	sold.

38.29 	Sec. 14. PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND 
38.30 	BORDERING PUBLIC WATER; AITKIN COUNTY.
 38.31 	(a) Notwithstanding Minnesota Statutes, section 92.45, and the classification 
38.32 	provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by 
38.33 	public sale the consolidated conservation land bordering public water that is described in 
38.34 	paragraph (c).
39.1 	(b) The conveyance must be in a form approved by the attorney general. The 
39.2 	attorney general may make necessary changes to the legal description to correct errors 
39.3 	and ensure accuracy. 
39.4 	(c) The land that may be sold is located in Aitkin County and is described as 
39.5 	follows: Government Lot 1, Section 7, Township 47 North, Range 26 West, containing 
39.6 	1.25 acres, more or less.
39.7 	(d) The land borders the Mississippi River and is not contiguous to other state lands. 
39.8 	The Department of Natural Resources has determined that the land is not needed for 
39.9 	natural resource purposes.

39.10 	Sec. 15. PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; 
39.11 	AITKIN COUNTY.
 39.12 	(a) Notwithstanding the classification and public sale provisions of Minnesota 
39.13 	Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private 
39.14 	sale the consolidated conservation land that is described in paragraph (c).
39.15 	(b) The conveyance must be in a form approved by the attorney general. The 
39.16 	attorney general may make necessary changes to the legal description to correct errors 
39.17 	and ensure accuracy. The consideration for the conveyance must be for no less than the 
39.18 	appraised value of the land and timber and survey costs. Proceeds shall be disposed of 
39.19 	according to Minnesota Statutes, chapter 84A. 
39.20 	(c) The land that may be sold is located in Aitkin County and is described as follows: 
39.21 	the North 370 feet of the East 590 feet of the Southeast Quarter of the Northeast Quarter, 
39.22 	Section 24, Township 48 North, Range 24 West, containing 5.0 acres, more or less.
39.23 	(d) The land will be sold "as is" to the current leaseholder who will assume 
39.24 	responsibility for any site cleanup needed due to the use of the land for a concrete plant by 
39.25 	the previous leaseholder. The Department of Natural Resources has determined that the 
39.26 	land is not needed for natural resource purposes.

39.27 	Sec. 16. PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND; 
39.28 	AITKIN COUNTY.
 39.29 	(a) Notwithstanding the classification provisions of Minnesota Statutes, chapters 
39.30 	84A and 282, Aitkin County may sell by public sale the consolidated conservation land 
39.31 	that is described in paragraph (c).
39.32 	(b) The conveyance must be in a form approved by the attorney general. The 
39.33 	attorney general may make necessary changes to the legal description to correct errors 
39.34 	and ensure accuracy. 
40.1 	(c) The land that may be sold is located in Aitkin County and is described as follows: 
40.2 	the Northeast Quarter of the Northeast Quarter, Section 21, Township 47 North, Range 26 
40.3 	West, containing 40 acres, more or less.
40.4 	(d) The land is not contiguous to other state lands. The Department of Natural 
40.5 	Resources has determined that the land is not needed for natural resource purposes.

40.6 	Sec. 17. CONVEYANCE OF SURPLUS STATE LAND BORDERING PUBLIC 
40.7 	WATER; BELTRAMI COUNTY.
 40.8 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
40.9 	commissioner of natural resources may convey to a governmental subdivision of the state 
40.10 	for no payment the surplus land bordering public water that is described in paragraph (c).
40.11 	(b) The conveyance must be in a form approved by the attorney general. The 
40.12 	attorney general may make necessary changes to the legal description to correct errors 
40.13 	and ensure accuracy. The conveyance must provide that the land described in paragraph 
40.14 	(c) be used for the public and reverts to the state if the governmental subdivision fails to 
40.15 	provide for public use or abandons the public use of the land.
40.16 	(c) The land that may be conveyed is located in Beltrami County and is described as 
40.17 	follows: that part of Government Lot 3, Section 4, Township 146 North, Range 34 West, 
40.18 	described as follows: starting from meander corner number 4, which is located on the 
40.19 	north section line of Section 4, Township 146 North, Range 34 West, 1518.0 feet in an 
40.20 	easterly direction from the northwest corner of said section; thence South 16 degrees 17 
40.21 	minutes East a distance of 131.6 feet; thence South 46 degrees 35 minutes East a distance 
40.22 	of 206.8 feet; thence South 6 degrees 37 minutes East a distance of 89.4 feet; thence South 
40.23 	14 degrees 32 minutes East a distance of 139.0 feet; thence South 10 degrees 34 minutes 
40.24 	West a distance of 221.5 feet; thence South 83 degrees 46 minutes West a distance of 
40.25 	178.5 feet to the starting point; thence South 47 degrees 15 minutes West a distance of 
40.26 	275.0 feet; thence South 38 degrees 53 minutes East a distance of 285.7 feet; thence North 
40.27 	61 degrees 27 minutes East a distance of 122.0 feet; thence North 73 degrees 47 minutes 
40.28 	East a distance of 300.0 feet; thence North 12 degrees 40 minutes West a distance of 37.6 
40.29 	feet; thence North 20 degrees 30 minutes West a distance of 113.5 feet; thence North 51 
40.30 	degrees 15 minutes West a distance of 320.7 feet; thence South 38 degrees 15 minutes 
40.31 	West a distance of 116.8 feet to the starting point, containing 3.5 acres, more or less.
40.32 	(d) The land borders Grant Lake and is not contiguous to other state lands. The land 
40.33 	was donated to the state for use as a public campground and is used by local residents 
40.34 	as a day-use park. The Department of Natural Resources has determined that the state's 
41.1 	land management interests would best be served if the land were conveyed to a local 
41.2 	unit of government.

41.3 	Sec. 18. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
41.4 	WATER; CASS COUNTY.
 41.5 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
41.6 	commissioner of natural resources may sell by private sale the surplus land bordering 
41.7 	public water that is described in paragraph (c).
41.8 	(b) The conveyance must be in a form approved by the attorney general. The 
41.9 	attorney general may make necessary changes to the legal description to correct errors and 
41.10 	ensure accuracy. The commissioner may sell the land to the Leech Lake Band of Ojibwe 
41.11 	for less than the value of the land as determined by the commissioner, but the conveyance 
41.12 	must provide that the land be used for the public and reverts to the state if the band fails 
41.13 	to provide for public use or abandons the public use of the land. The commissioner 
41.14 	may include conservation restrictions in the conveyance deed to ensure the property is 
41.15 	maintained as open space.
41.16 	(c) The land that may be sold is located in Cass County and is described as follows: 
41.17 	(1) Government Lot 3, Section 14, Township 142 North, Range 29 West, containing 
41.18 	35.54 acres, more or less; and 
41.19 	(2) Government Lot 6, Section 14, Township 142 North, Range 29 West, containing 
41.20 	2.06 acres, more or less.
41.21 	(d) The land is located on Bear Island in Leech Lake and is not contiguous to other 
41.22 	state lands. The Department of Natural Resources has determined that the land is not 
41.23 	needed for natural resource purposes.

41.24 	Sec. 19. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
41.25 	WATER; CASS COUNTY.
 41.26 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
41.27 	commissioner of natural resources may sell by private sale the surplus land bordering 
41.28 	public water that is described in paragraph (c).
41.29 	(b) The conveyance must be in a form approved by the attorney general. The 
41.30 	attorney general may make necessary changes to the legal description to correct errors 
41.31 	and ensure accuracy.
41.32 	(c) The land that may be sold is located in Cass County and is described as follows: 
41.33 	that part of Government Lot 7, Section 28, Township 142 North, Range 26 West, described 
41.34 	as follows: commencing at the south quarter corner of said Section 28, from which the 
42.1 	southwest corner of said Section 28 bears, based on the Cass County Coordinate System of 
42.2 	NAD 1983, South 89 degrees 44 minutes 53 seconds West, 2775.06 feet; thence North 52 
42.3 	degrees 48 minutes 53 seconds West, 1326.13 feet to the southeast corner of that particular 
42.4 	tract of land conveyed to the state of Minnesota and filed for record on November 9, 1961, 
42.5 	in Book 121 of Deeds, Page 598, and to a railroad spike on the centerline of County 
42.6 	State-Aid Highway 4; thence North 52 degrees 12 minutes 27 seconds West, 221.06 
42.7 	feet along the southwesterly line of said particular tract of land conveyed to the state of 
42.8 	Minnesota and the centerline of County State-Aid Highway 4 to a spike; thence North 
42.9 	51 degrees 01 minutes 41 seconds West, 111.72 feet along the southwesterly line of said 
42.10 	particular tract of land conveyed to the state of Minnesota and the centerline of County 
42.11 	State-Aid Highway 4 to a mag nail and the point of beginning of the land to be described; 
42.12 	thence continuing North 51 degrees 01 minutes 41 seconds West, 41.42 feet along the 
42.13 	southwesterly line of said particular tract of land conveyed to the state of Minnesota and 
42.14 	the centerline of County State-Aid Highway 4 to a mag nail; thence North 13 degrees 19 
42.15 	minutes 36 seconds East, 144.63 feet to a 3/4" x 24" rebar with plastic cap stamped "MN 
42.16 	DNR LS 17005" (DNR MON); thence continuing North 13 degrees 19 minutes 36 seconds 
42.17 	East, 5 feet, more or less, to the water's edge of Little Sand Lake; thence southeasterly, a 
42.18 	distance of 50 feet, more or less, along said water's edge to a line which bears North 13 
42.19 	degrees 19 minutes 36 seconds East from the point of beginning; thence South 13 degrees 
42.20 	19 minutes 36 seconds West, 5 feet, more or less, to a DNR MON, thence continuing 
42.21 	South 13 degrees 19 minutes 36 seconds West, 129.22 feet to the point of beginning and 
42.22 	there terminating. Containing 0.12 acres, more or less, subject to existing road easements.
42.23 	(d) The land is located on Little Sand Lake. The sale will be to the adjoining 
42.24 	landowner in conjunction with an acquisition to resolve an unintentional trespass by the 
42.25 	state which occurred when the Department of Natural Resources constructed a water 
42.26 	access site.

42.27 	Sec. 20. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
42.28 	WATER; COOK COUNTY.
 42.29 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
42.30 	resources may sell by public sale the surplus land bordering public water that is described 
42.31 	in paragraph (c).
42.32 	(b) The conveyance must be in a form approved by the attorney general. The 
42.33 	attorney general may make necessary changes to the legal description to correct errors 
42.34 	and ensure accuracy.
43.1 	(c) The land that may be sold is located in Cook County and is described as follows: 
43.2 	the Northwest Quarter of the Northeast Quarter, Section 33, Township 63 North, Range 
43.3 	3 East, containing 40 acres, more or less. 
43.4 	(d) The land borders Mons Creek and was acquired in a land exchange in 2003. The 
43.5 	Department of Natural Resources has determined that school trust management interests 
43.6 	would best be served if the land was sold.

43.7 	Sec. 21. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
43.8 	WATER; COOK COUNTY.
 43.9 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
43.10 	resources may sell by public sale the surplus land bordering public water that is described 
43.11 	in paragraph (c).
43.12 	(b) The conveyance must be in a form approved by the attorney general. The 
43.13 	attorney general may make necessary changes to the legal description to correct errors 
43.14 	and ensure accuracy. 
43.15 	(c) The land that may be sold is located in Cook County and is described as follows:
43.16 	(1) Outlot A & Caribou Backlot, Cook County. Outlot A of White Sky, according to 
43.17 	the plat on file and of record in the Office of the Recorder for Cook County, Minnesota, 
43.18 	containing 0.74 acres, more or less; and 
43.19 	(2) that part of Government Lot 4, Section 2, Township 60 North, Range 3 West, 
43.20 	lying northerly of Cook County Road 4, southerly of the plat of White Sky, and westerly 
43.21 	of Lot 1, Block 1 of White Sky First Addition, according to the plats on file and of record 
43.22 	in the Office of the Recorder for Cook County, containing 1.02 acres, more or less.
43.23 	(d) The land borders Caribou Lake. The Department of Natural Resources has 
43.24 	determined that school trust management interests would best be served if the lands were 
43.25 	sold.

43.26 	Sec. 22. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
43.27 	WATER; COOK COUNTY.
 43.28 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
43.29 	resources may sell by public sale the surplus land bordering public water that is described 
43.30 	in paragraph (c). 
43.31 	(b) The conveyance must be in a form approved by the attorney general. The 
43.32 	attorney general may make necessary changes to the legal description to correct errors 
43.33 	and ensure accuracy. 
44.1 	(c) The land that may be sold is located in Cook County and is described as follows: 
44.2 	that part of Government Lot 10, Section 35, Township 65 North, Range 1 West, more fully 
44.3 	described as follows: being the easterly 863.9 feet of Government Lot 10, EXCEPT the 
44.4 	southerly 40.3 feet thereof. The west and south boundary lines being perpendicular to 
44.5 	and parallel with the south boundary of Government Lot 10, respectively. Containing 
44.6 	3.3 acres, more or less.
44.7 	(d) The land borders West Bearskin Lake, was acquired in a land exchange in 
44.8 	2000, and is not contiguous to other state lands. The Department of Natural Resources 
44.9 	has determined that school trust management interests would best be served if the land 
44.10 	was sold.

44.11 	Sec. 23. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
 44.12 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
44.13 	of natural resources may sell by private sale to a governmental subdivision the surplus 
44.14 	land that is described in paragraph (c). 
44.15 	(b) The conveyance must be in a form approved by the attorney general. The 
44.16 	attorney general may make necessary changes to the legal description to correct errors and 
44.17 	ensure accuracy. The commissioner may sell the land to a governmental subdivision of 
44.18 	the state for less than the value of the land as determined by the commissioner, but the 
44.19 	conveyance must provide that the land described in paragraph (c) be used for the public 
44.20 	and reverts to the state if the governmental subdivision fails to provide for public use 
44.21 	or abandons the public use of the land. The commissioner may include conservation 
44.22 	restrictions in the conveyance deed to ensure the property is maintained as open space.
44.23 	(c) The land that may be sold is located in Hennepin County and is described 
44.24 	as follows: 
44.25 	(1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North, 
44.26 	Range 22 West, less road right-of-way, containing 39 acres, more or less;
44.27 	(2) the east six and two-thirds acres of the West Half of the Southeast Quarter 
44.28 	of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road 
44.29 	right-of-way, containing 6.67 acres, more or less; and 
44.30 	(3) the West Quarter of the East Half of the Southeast Quarter of the Southwest 
44.31 	Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way, 
44.32 	containing 4.87 acres, more or less. 
44.33 	(d) The land was conveyed to the state for wild game reservation purposes. Due 
44.34 	to adjacent residential use and local zoning restrictions, the land is no longer available 
44.35 	for hunting purposes. The Department of Natural Resources has determined that the 
45.1 	state's land management interests would best be served if the lands were conveyed to a 
45.2 	local unit of government.

45.3 	Sec. 24. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
45.4 	WATER; HENNEPIN COUNTY.
 45.5 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
45.6 	commissioner of natural resources may sell by private sale to a governmental subdivision 
45.7 	the surplus land bordering public water that is described in paragraph (c).
45.8 	(b) The conveyance must be in a form approved by the attorney general. The 
45.9 	attorney general may make necessary changes to the legal description to correct errors and 
45.10 	ensure accuracy. The commissioner may sell the land to a governmental subdivision of 
45.11 	the state for less than the value of the land as determined by the commissioner, but the 
45.12 	conveyance must provide that the land described in paragraph (c) be used for the public 
45.13 	and reverts to the state if the governmental subdivision fails to provide for public use or 
45.14 	abandons the public use of the land.
45.15 	(c) The land that may be sold is located in Hennepin County and is described as 
45.16 	follows: all that part of the Northwest Quarter of the Southwest Quarter and Government 
45.17 	Lot 2, Section 25, Township 120 North, Range 22 West, lying north and westerly of the 
45.18 	following described line: beginning at a point on the west line of said section 830.19 feet 
45.19 	South of the west 1/4 corner thereof; thence North 36 degrees 55 minutes East, 109.88 
45.20 	feet; thence North 00 degrees 00 minutes, 1217.3 feet more or less to the water's edge of 
45.21 	Haydens Lake. Subject to existing road easements. Containing 1.9 acres, more or less.
45.22 	(d) The land was purchased by the state for a water access site but has never been 
45.23 	used as a water access site. The Department of Natural Resources has determined that 
45.24 	the state's land management interests would best be served if the land was conveyed to a 
45.25 	local unit of government.

45.26 	Sec. 25. PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND 
45.27 	BORDERING PUBLIC WATER; KITTSON COUNTY.
 45.28 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
45.29 	commissioner of natural resources may sell by public or private sale the surplus land 
45.30 	bordering public water that is described in paragraph (c).
45.31 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
45.32 	general may make necessary changes to the legal description to correct errors and ensure 
45.33 	accuracy. The commissioner may sell the land to a governmental subdivision of the state 
45.34 	for less than the value of the land as determined by the commissioner, but the conveyance 
46.1 	must provide that the land be used for the public and reverts to the state if the governmental 
46.2 	subdivision fails to provide for public use or abandons the public use of the land.
46.3 	(c) The land that may be sold is located in Kittson County and is described as follows:
46.4 	(1) Parcel 1: Lot 7, Block 4, Park Addition to Bronson, lying in the Southwest 
46.5 	Quarter of the Southwest Quarter, Section 30, Township 161 North, Range 46 West, 
46.6 	containing 0.92 acres, more or less; 
46.7 	(2) Parcel 2: that part of Lots 5 and 6, Block 4, Park Addition to Bronson, lying in 
46.8 	the Southwest Quarter of the Southwest Quarter, Section 30, Township 161 North, Range 
46.9 	46 West, more particularly described as follows: commencing at the midpoint of the west 
46.10 	line of said Lot 5, which point is 33 feet East of the west line of said Southwest Quarter of 
46.11 	the Southwest Quarter of Section 30; thence East and parallel to the south line of said Lot 
46.12 	5, a distance of 157 feet; thence South on a straight line at right angles to the immediately 
46.13 	preceding line of this description to the center of the south branch of Two Rivers; thence 
46.14 	northwesterly along the center line of said south branch of Two Rivers to its intersection 
46.15 	with a north and south line parallel to the west line of said Southwest Quarter of the 
46.16 	Southwest Quarter of Section 30, and distant 33 feet East therefrom, which line is also 
46.17 	the west line of said Block 4; thence North along said west line of said Block 4, to the 
46.18 	point of beginning, containing 0.39 acres, more or less; 
46.19 	(3) Parcel 12: that part of Block 4, of the Park Addition to the village of Bronson, 
46.20 	Kittson County, Minnesota, which may be more particularly described as follows: Lot 6, 
46.21 	Block 4, with the exception of a tract consisting of the westerly 157 feet of said Lot 6, 
46.22 	deeded to the Olof Locken Post, No. 315, of the American Legion, containing 0.68 acres, 
46.23 	more or less; ALSO the following described portion of Lot 8 of said Block 4: commencing 
46.24 	at a point on the west line of said Lot 8, 140 feet North of the southwest corner of said Lot 
46.25 	8; thence North along said west line of Lot 8, a distance of 68 feet; thence East at right 
46.26 	angles to the said west line of Lot 8 to the east line of said Lot 8; thence South along the 
46.27 	east line of said Lot 8, a distance of 68 feet; thence West at right angles to said east line 
46.28 	of Lot 8 to the point of beginning, containing 0.05 acres, more or less; EXCEPTING 
46.29 	therefrom the following described tract of land: commencing at the northeast corner of 
46.30 	Block 4 in Park Addition to the village of Lake Bronson; thence South at right angles a 
46.31 	distance of 265 feet to the point of beginning; thence West at right angles a distance of 143 
46.32 	feet; thence South at right angles a distance of 111 feet to the center of the Two Rivers; 
46.33 	thence East at right angles a distance of 143 feet to the east line of Lot 8; thence North at 
46.34 	right angles a distance of 111 feet to the point of beginning, being a part of Lot 6 and Lot 8 
46.35 	of Block 4, containing altogether 0.75 acres, more or less; and 
47.1 	(4) Parcel 13: that part of Lot 8, Block 4 of the Park Addition to the village of 
47.2 	Bronson, Kittson County, Minnesota, which may be more particularly described as 
47.3 	follows: the South 140 feet of said Lot 8, Block 4, containing 0.10 acres, more or less; 
47.4 	ALSO the following portion of said Lot 8: commencing at a point on the west line of said 
47.5 	Lot 8, 208 feet North of the southwest corner of said Lot 8; thence North along said west 
47.6 	line of Lot 8, a distance of 5.6 feet; thence East at right angles to said west line of Lot 8 to 
47.7 	the east line of said Lot 8, thence South along said east line of Lot 8, a distance of 5.8 feet; 
47.8 	thence West at right angles to said east line of Lot 8, to the point of beginning, containing 
47.9 	0.004 acres, more or less; containing altogether 0.104 acres, more or less.
47.10 	(d) The land borders South Branch Two Rivers and is not contiguous to other state 
47.11 	lands. The land was acquired for park purposes but was not included in a state park. The 
47.12 	Department of Natural Resources has determined that the land is not needed for natural 
47.13 	resource purposes.

47.14 	Sec. 26. PRIVATE SALE OF SURPLUS STATE LAND; KITTSON COUNTY.
 47.15 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
47.16 	of natural resources may sell by private sale the surplus land that is described in paragraph 
47.17 	(c). 
47.18 	(b) The conveyance must be in a form approved by the attorney general. The 
47.19 	attorney general may make necessary changes to the legal description to correct errors 
47.20 	and ensure accuracy. 
47.21 	(c) The land that may be sold is located in Kittson County and is described as 
47.22 	follows: a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 30, 
47.23 	Township 161 North, Range 46 West, more particularly described as follows: beginning at 
47.24 	a point which is 33 feet North of the south line and 422 feet East of the west line of said 
47.25 	Southwest Quarter of the Southeast Quarter; thence East parallel to said south line, 726 
47.26 	feet; thence North parallel to said west line, 300 feet; thence West parallel to said south 
47.27 	line, 726 feet; thence South parallel to said west line, 300 feet to the point of beginning. 
47.28 	Containing 5.00 acres, more or less. 
47.29 	(d) The sale may be to multiple parties, including the county for the county 
47.30 	highway right-of-way, the township for the township road, and adjoining landowners to 
47.31 	resolve unintentional agricultural trespasses. The Department of Natural Resources has 
47.32 	determined that the land is not needed for natural resource purposes.

47.33 	Sec. 27. PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.
 48.1 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
48.2 	of natural resources may sell by private sale the surplus land that is described in paragraph 
48.3 	(c). 
48.4 	(b) The conveyance must be in a form approved by the attorney general. The 
48.5 	attorney general may make necessary changes to the legal description to correct errors 
48.6 	and ensure accuracy. 
48.7 	(c) The land that may be sold is located in Lake County and is described as follows: 
48.8 	that part of the Northeast Quarter of the Southwest Quarter, Section 16, Township 57 
48.9 	North, Range 6 West, described as follows: commencing at the southeast corner of said 
48.10 	Northeast Quarter of the Southwest Quarter marked by a DNR survey marker (3/4 inch x 
48.11 	18 inch rebar with an orange cap marked MN DNR LS 16098); thence North 89 degrees 
48.12 	11 minutes 24 seconds West based on the Lake County Coordinate System North Shore 
48.13 	Zone, NAD83, 1986 adjustment, along the south line of said Northeast Quarter of the 
48.14 	Southwest Quarter, 439.78 feet to a DNR survey marker on the westerly right-of-way of 
48.15 	Trunk Highway 61 and the point of beginning; thence continuing North 89 degrees 11 
48.16 	minutes 24 seconds West along said south line 426.27 feet to a DNR survey marker; 
48.17 	thence North 00 degrees 48 minutes 36 seconds East 100.00 feet to a DNR survey marker; 
48.18 	thence South 89 degrees 11 minutes 24 seconds East 494.20 feet to a DNR survey marker 
48.19 	on said westerly right-of-way; thence South 34 degrees 59 minutes 57 seconds West along 
48.20 	said westerly right-of-way 120.89 feet, more or less, to the point of beginning. Containing 
48.21 	1.06 acres, more or less.
48.22 	(d) The sale would be to the adjoining landowner and resolve an unintentional 
48.23 	trespass that occurred when a garage was constructed on state-owned land. The 
48.24 	Department of Natural Resources has determined that the land is not needed for natural 
48.25 	resource purposes.

48.26 	Sec. 28. PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.
 48.27 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
48.28 	of natural resources may sell by private sale the surplus land that is described in paragraph 
48.29 	(c).
48.30 	(b) The conveyance must be in a form approved by the attorney general. The 
48.31 	attorney general may make necessary changes to the legal description to correct errors 
48.32 	and ensure accuracy.
48.33 	(c) The land that may be sold is located in Lake County and is described as follows: 
48.34 	that part of the Northwest Quarter of the Southeast Quarter, Section 16, Township 57 
48.35 	North, Range 6 West, described as follows: commencing at the northwest corner of said 
49.1 	Northwest Quarter of the Southeast Quarter marked by a DNR survey marker (3/4 inch x 
49.2 	18 inch rebar with an orange cap marked MN DNR LS 16098); thence South 89 degrees 
49.3 	14 minutes 10 seconds East based on the Lake County Coordinate System North Shore 
49.4 	Zone, NAD83, 1986 adjustment, along the north line of said Northwest Quarter of the 
49.5 	Southeast Quarter, 191.15 feet to a DNR survey marker and the point of beginning; thence 
49.6 	continuing South 89 degrees 14 minutes 10 seconds East along said north line 264.92 feet 
49.7 	to a DNR survey marker on the westerly right-of-way of Trunk Highway 61; thence 
49.8 	South 34 degrees 59 minutes 57 seconds West along said westerly right-of-way 200.00 
49.9 	feet; thence North 41 degrees 54 minutes 07 seconds West 224.87 feet, more or less, to the 
49.10 	point of beginning. Containing 0.50 acres, more or less. 
49.11 	(d) The sale would be to the adjoining landowner and resolve an unintentional 
49.12 	trespass that occurred when a garage and house were constructed on state-owned land. 
49.13 	The Department of Natural Resources has determined that the land is not needed for 
49.14 	natural resource purposes.

49.15 	Sec. 29. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
49.16 	WATER; NICOLLET COUNTY.
 49.17 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
49.18 	resources may sell by public sale the surplus land bordering public water that is described 
49.19 	in paragraph (c). 
49.20 	(b) The conveyance must be in a form approved by the attorney general. The 
49.21 	attorney general may make necessary changes to the legal description to correct errors 
49.22 	and ensure accuracy.
49.23 	(c) The land that may be sold is located in Nicollet County and is described as 
49.24 	follows:
49.25 	(1) that part of the Southwest Quarter and that part of the Southeast Quarter, Section 
49.26 	8, Township 109 North, Range 29 West, being described as a strip of land 300.0 feet in 
49.27 	width lying adjacent to and northerly of the following described centerline of proposed 
49.28 	channel change: commencing at the center of Section 8, Township 109 North, Range 
49.29 	20 West, from which the north quarter corner of said Section 8 bears North 0 degrees 
49.30 	00 minutes East, thence South 0 degrees 00 minutes East for 1280 feet on said quarter 
49.31 	line; thence South 90 degrees 00 minutes East for 54.9 feet to road station 40+40 on the 
49.32 	centerline of County State-Aid Highway 24 which is the true point of beginning for the 
49.33 	centerline of channel change; thence South 75 degrees 58 minutes East for a distance of 
49.34 	553.5 feet on centerline of channel change; thence South 75 degrees 58 minutes East for 
49.35 	a distance of 1540.0 feet and there terminating; and from the true point of beginning 
50.1 	North 77 degrees 58 minutes West for a distance of 770 feet and there terminating; SAID 
50.2 	LANDS ALSO DESCRIBED AS: a strip of land lying and being 300.0 feet each side of 
50.3 	the following described centerline of proposed channel change: beginning at a point 
50.4 	1280.0 feet South and 54.9 feet East of the center of Section 8, Township 109 North, 
50.5 	Range 29 West; thence easterly on a bearing of South 77 degrees 00 minutes East for a 
50.6 	distance of 553.5 feet; thence easterly on a bearing of South 75 degrees 00 minutes East 
50.7 	for a distance of 1540.0 feet and there terminating. This includes 3.005 acres in part of the 
50.8 	North Half of the Southeast Quarter of Section 8, Township 109 North, Range 29 West, 
50.9 	and 10.932 acres in part of Government Lot 2 of Section 8, Township 109 North, Range 
50.10 	29 West. Also from the point of beginning, westerly on a bearing of North 77 degrees 
50.11 	00 minutes West for a distance of 770.0 feet and there terminating. This includes 4.098 
50.12 	acres in part of the Southwest Quarter of Section 8, Township 109 North, Range 29 West. 
50.13 	Containing 3.01 acres, more or less; and 
50.14 	(2) that part of the Southwest Quarter and that part of the Southeast Quarter, Section 
50.15 	8, Township 109 North, Range 29 West, Nicollet County, Minnesota, being described 
50.16 	as a strip of land 300.0 feet in width lying adjacent to and southerly of the following 
50.17 	described centerline of proposed channel change: commencing at the center of Section 
50.18 	8, Township 109 North, Range 20 West, from which the north quarter corner of said 
50.19 	Section 8 bears North 0 degrees 00 minutes East; thence South 0 degrees 00 minutes East 
50.20 	for 1280 feet on said quarter line; thence South 90 degrees 00 minutes East for 54.9 
50.21 	feet to road station 40+40 on the centerline of County State-Aid Highway 24 which is 
50.22 	the true point of beginning for the centerline of channel change; thence South 75 degrees 
50.23 	58 minutes East for a distance of 553.5 feet on centerline of channel change; thence 
50.24 	South 75 degrees 58 minutes East for a distance of 1540.0 feet and there terminating; and 
50.25 	from the true point of beginning North 77 degrees 58 minutes West for a distance of 
50.26 	770 feet and there terminating; SAID LANDS ALSO DESCRIBED AS: a strip of land 
50.27 	lying and being 300.0 feet each side of the following described centerline of proposed 
50.28 	channel change: beginning at a point 1280.0 feet South and 54.9 feet East of the center of 
50.29 	Section 8, Township 109 North, Range 29 West; thence easterly on a bearing of South 
50.30 	77 degrees 00 minutes East for a distance of 553.5 feet; thence easterly on a bearing of 
50.31 	South 75 degrees 00 minutes East for a distance of 1540.0 feet and there terminating. 
50.32 	This includes 3.005 acres in part of the North Half of the Southeast Quarter of Section 
50.33 	8, Township 109 North, Range 29 West, and 10.932 acres in part of Government Lot 2 
50.34 	of Section 8, Township 109 North, Range 29 West. Also, from the point of beginning, 
50.35 	westerly on a bearing of North 77 degrees 00 minutes West for a distance of 770.0 feet and 
51.1 	there terminating. This includes 4.098 acres in part of the Southwest Quarter of Section 8, 
51.2 	Township 109 North, Range 29 West. Containing 4.10 acres, more or less. 
51.3 	(d) The land borders the Minnesota River. It was acquired when a new bridge was 
51.4 	installed across the river resulting in a realignment of the river channel. The Department of 
51.5 	Natural Resources has determined that the land is not needed for natural resource purposes.

51.6 	Sec. 30. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
51.7 	WATER; RED LAKE COUNTY.
 51.8 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
51.9 	resources may sell by public sale the surplus land bordering public water that is described 
51.10 	in paragraph (c).
51.11 	(b) The conveyance must be in a form approved by the attorney general. The 
51.12 	attorney general may make necessary changes to the legal description to correct errors 
51.13 	and ensure accuracy. 
51.14 	(c) The land that may be sold is located in Red Lake County and is described 
51.15 	as follows: 
51.16 	(1) Government Lot 10, Section 31, Township 152 North, Range 40 West, containing 
51.17 	20.17 acres, more or less; and 
51.18 	(2) Government Lot 3, Section 34, Township 152 North, Range 40 West, containing 
51.19 	21.7 acres, more or less. 
51.20 	(d) The land borders the Clearwater River and is not contiguous to other state lands. 
51.21 	The Department of Natural Resources has determined that the land is not needed for 
51.22 	natural resource purposes.

51.23 	Sec. 31. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
51.24 	WATER; ST. LOUIS COUNTY.
 51.25 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
51.26 	resources may sell by public sale the surplus land bordering public water that is described 
51.27 	in paragraph (c).
51.28 	(b) The conveyance must be in a form approved by the attorney general. The 
51.29 	attorney general may make necessary changes to the legal description to correct errors 
51.30 	and ensure accuracy.
51.31 	(c) The land that may be sold is located in St. Louis County and is described as 
51.32 	follows: Government Lot 2, except the Northwest Quarter of Lot 2, Section 19, Township 
51.33 	58 North, Range 18 West, containing 30.84 acres, more or less.
52.1 	(d) The land borders an unnamed tributary to the West Two Rivers Reservoir. The 
52.2 	Department of Natural Resources has determined that the land is not needed for natural 
52.3 	resource purposes.

52.4 	Sec. 32. PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
 52.5 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
52.6 	of natural resources may sell by private sale the surplus land that is described in paragraph 
52.7 	(c). 
52.8 	(b) The conveyance must be in a form approved by the attorney general. The 
52.9 	attorney general may make necessary changes to the legal description to correct errors 
52.10 	and ensure accuracy. 
52.11 	(c) The land that may be sold is located in St. Louis County and is described as 
52.12 	follows: Government Lot 3, Section 18, Township 68 North, Range 19 West, containing 
52.13 	23.22 acres, more or less.
52.14 	(d) The sale will be to the University of Minnesota for the off axis NOvA detector 
52.15 	project. The Department of Natural Resources has determined that the land is not needed 
52.16 	for natural resource purposes.

52.17 	Sec. 33. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
52.18 	WATER; WASHINGTON COUNTY.
 52.19 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
52.20 	commissioner of natural resources may sell by private sale the surplus land bordering 
52.21 	public water that is described in paragraph (c).
52.22 	(b) The conveyance must be in a form approved by the attorney general. The 
52.23 	attorney general may make necessary changes to the legal description to correct errors and 
52.24 	ensure accuracy. The commissioner may only sell the land to a governmental subdivision 
52.25 	of the state. The conveyance may be for less than the value of the land as determined by 
52.26 	the commissioner, but the conveyance must provide that the land be used for the public 
52.27 	and reverts to the state if the governmental subdivision fails to provide for public use or 
52.28 	abandons the public use of the land.
52.29 	(c) The land that may be sold is located in Washington County and is described as 
52.30 	follows, Parcels A and B containing altogether 31.55 acres, more or less:
52.31 	(1) Parcel A: all that part of the North Half of the Southeast Quarter, Section 
52.32 	30, Township 30 North, Range 20 West, bounded by the following described lines: 
52.33 	commencing at the east quarter corner of said Section 30; thence on an assumed bearing 
52.34 	of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west 
53.1 	quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13 
53.2 	minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence 
53.3 	South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 
53.4 	line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet 
53.5 	on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes 
53.6 	26 seconds East, 1378.11 feet to the point of beginning; and 
53.7 	(2) Parcel B: all that part of the North Half of the Southeast Quarter, Section 
53.8 	30, Township 30 North, Range 20 West, bounded by the following described lines: 
53.9 	commencing at the east quarter corner of said Section 30; thence on an assumed bearing 
53.10 	of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter 
53.11 	line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26 
53.12 	seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence 
53.13 	North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line; 
53.14 	thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02 
53.15 	degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes 
53.16 	19 seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30; 
53.17 	thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west 
53.18 	quarter line to the point of beginning. 
53.19 	(d) The land borders Long Lake and is not contiguous to other state lands. The 
53.20 	land was donated to the state with the understanding that the land would be used as a 
53.21 	wildlife sanctuary. The Department of Natural Resources has determined that the land is 
53.22 	not needed for natural resource purposes.

53.23 	Sec. 34. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
 53.24 	Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, 
53.25 	the Itasca County auditor may lease tax-forfeited land to a proposed steel mill in Itasca 
53.26 	County for a period of 20 years, for use as a tailings basin and buffer area. A lease entered 
53.27 	under this section is renewable.

53.28 	Sec. 35. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
53.29 	WATER; CROW WING COUNTY.
 53.30 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
53.31 	and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County 
53.32 	may sell by private sale, under Minnesota Statutes, section 282.01, subdivision 7a, the 
53.33 	tax-forfeited land bordering public water that is described in paragraph (c), under the 
53.34 	remaining provisions of Minnesota Statutes, chapter 282.
54.1 	(b) The conveyance must be in a form approved by the attorney general. The 
54.2 	attorney general may make changes to the land description to correct errors and ensure 
54.3 	accuracy. Prior to the sale, the commissioner of revenue shall grant a permanent 
54.4 	conservation easement according to Minnesota Statutes, section 282.37, to protect aquatic 
54.5 	habitat. The easement must be approved by the Crow Wing County Board and the 
54.6 	commissioner of natural resources.
54.7 	(c) The land to be sold is located in Crow Wing County and is described as: 
54.8 	Government Lot 1, Section 26, Township 138 North, Range 27 West, city of Fifty Lakes.
54.9 	(d) The county has determined that the county's land management interests would 
54.10 	best be served if the land was returned to private ownership.

54.11 	Sec. 36. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
54.12 	WATER; CROW WING COUNTY.
 54.13 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
54.14 	and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may 
54.15 	sell to the city of Crosby the tax-forfeited land bordering public water that is described in 
54.16 	paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
54.17 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
54.18 	general may make changes to the land description to correct errors and ensure accuracy.
54.19 	(c) The land to be sold is located in Crow Wing County and is described as:
54.20 	Of a tract of land lying south of the herein described line and being out of and 
54.21 	part of the Southeast Quarter of the Northwest Quarter, Section 11, Township 46 North, 
54.22 	Range 29 West, except part to the city of Crosby, Crow Wing County, Minnesota, said line 
54.23 	described as follows: Commencing at the center of Section 11, thence South 88 degrees 
54.24 	59 minutes 19 seconds West, coincident with the south line of said Southeast Quarter of 
54.25 	the Northwest Quarter, 1291.01 feet to the southwest corner of said Southeast Quarter of 
54.26 	the Northwest Quarter; thence North 02 degrees 09 minutes 21 seconds East, coincident 
54.27 	with the west line of said Southeast Quarter of the Northwest Quarter, 531.93 feet to the 
54.28 	point of beginning of the line herein described; thence through and across said Southeast 
54.29 	Quarter of the Northwest Quarter of the following 21 courses and distances: 
54.30 	(1) South 71 degrees 26 minutes 55 seconds East, 27.36 feet;
54.31 	(2) South 33 degrees 07 minutes 48 seconds East, 34.76 feet;
54.32 	(3) South 87 degrees 03 minutes 06 seconds East, 64.17 feet;
54.33 	(4) South 61 degrees 33 minutes 20 seconds East, 45.74 feet;
54.34 	(5) South 72 degrees 07 minutes 59 seconds East, 112.59 feet;
54.35 	(6) South 77 degrees 44 minutes 53 seconds East, 56.34 feet;
55.1 	(7) North 70 degrees 49 minutes 46 seconds East, 83.42 feet;
55.2 	(8) South 76 degrees 32 minutes 31 seconds East, 94.57 feet;
55.3 	(9) North 80 degrees 41 minutes 54 seconds East, 33.03 feet;
55.4 	(10) North 83 degrees 09 minutes 05 seconds East, 41.90 feet;
55.5 	(11) North 68 degrees 51 minutes 01 seconds East, 175.87 feet;
55.6 	(12) South 58 degrees 17 minutes 34 seconds East, 54.35 feet;
55.7 	(13) South 80 degrees 01 minutes 47 seconds East, 43.42 feet;
55.8 	(14) North 36 degrees 43 minutes 03 seconds East, 84.81 feet;
55.9 	(15) North 60 degrees 06 minutes 12 seconds East, 57.47 feet;
55.10 	(16) South 83 degrees 31 minutes 42 seconds East, 90.21 feet;
55.11 	(17) North 73 degrees 59 minutes 37 seconds East, 57.44 feet;
55.12 	(18) South 65 degrees 21 minutes 29 seconds East, 81.38 feet;
55.13 	(19) North 86 degrees 47 minutes 22 seconds East, 75.46 feet;
55.14 	(20) North 47 degrees 10 minutes 02 seconds East, 52.07 feet; and 
55.15 	(21) North 63 degrees 13 minutes 46 seconds East, 48.20 feet 
55.16 	to the point of termination from which the point of commencing bears South 01 degrees 
55.17 	27 minutes 31 seconds West, 572.34 feet.
55.18 	(d) The county has determined that the county's land management interests would 
55.19 	best be served if the land was sold to the city of Crosby.

55.20 	Sec. 37. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
55.21 	WATER; LAKE COUNTY.
 55.22 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
55.23 	and the public sale provisions of Minnesota Statutes, chapter 282, Lake County may sell 
55.24 	by private sale the tax-forfeited land bordering public water that is described in paragraph 
55.25 	(c), under the remaining provisions of Minnesota Statutes, chapter 282. 
55.26 	(b) The conveyance must be in a form approved by the attorney general for a 
55.27 	consideration of $1 and relinquishment of a four-acre parcel of land that Lake County has 
55.28 	used for road relocation.
55.29 	(c) The land to be sold is located in Lake County and is described as: that part of 
55.30 	the Southeast Quarter of the Northwest Quarter, north of County State-Aid Highway 14, 
55.31 	Section 20, Township 55 North, Range 11 West.
55.32 	(d) The county has determined that the county's land management interests would 
55.33 	best be served if the land was returned to private ownership.

56.1 	Sec. 38. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC 
56.2 	WATER; DAKOTA COUNTY.
 56.3 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018, 
56.4 	subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, 
56.5 	Dakota County may sell or convey to the township of Ravenna for no consideration the 
56.6 	tax-forfeited land bordering public water that is described in paragraph (c).
56.7 	(b) The conveyance must be in a form approved by the attorney general and provide 
56.8 	that the land reverts to the state if the township of Ravenna stops using the land for the 
56.9 	public purpose described in paragraph (d). The conveyance is subject to restrictions 
56.10 	imposed by the commissioner of natural resources. The attorney general may make 
56.11 	changes to the land description to correct errors and ensure accuracy.
56.12 	(c) The land to be conveyed is located in Dakota County and is described as: 
56.13 	Unplatted, Section 21, Township 114, Range 16, Southeast Quarter of the Southwest 
56.14 	Quarter, less various tracts, except West 870 feet of South 729.29 feet, except part of 
56.15 	North 594 feet lying west of Ravenna Trail, except South 480 feet lying east of West 870 
56.16 	feet, except beginning at the northwest corner of the Southeast Quarter of the Southwest 
56.17 	Quarter East 22R South 20R southwest to point on west line 22R South of beginning North 
56.18 	22R to beginning, except parcels 33-02100-030-53, 33-02100-040-53, 33-02100-050-53, 
56.19 	33-02100-060-53, and 33-02100-080-53. (Dakota County tax identification number 
56.20 	33-02100-018-54).
56.21 	(d) The county has determined that the land is needed by the township of Ravenna 
56.22 	for drainage and access to culverts.

56.23 	Sec. 39. CLAIR A. NELSON MEMORIAL FOREST, LAKE COUNTY; 
56.24 	TEMPORARY SUSPENSION OF APPORTIONMENT OF PROCEEDS FROM 
56.25 	TAX-FORFEITED LANDS.
 56.26 	(a) Upon approval of an affected political subdivision within Lake County, the 
56.27 	Lake County Board may suspend the apportionment of the balance of net proceeds from 
56.28 	tax-forfeited lands within the affected political subdivision under Minnesota Statutes, 
56.29 	section 282.08, clause (4), item (iii), and retain the net proceeds. The authority under this 
56.30 	paragraph is available until Lake County suspends the apportionment of  net proceeds 
56.31 	subject to item (iii), in the amount of $2,200,000, plus any interest costs incurred by the 
56.32 	county to purchase land described in this section. The money received by Lake County is 
56.33 	to reimburse the county for the purchase in 2006 of 6,085 acres of forest land named the 
56.34 	Clair A. Nelson Memorial Forest.
57.1 	(b) Any revenue derived from acquired land that was reimbursed under paragraph 
57.2 	(a) is subject to apportionment as provided in Minnesota Statutes, section 282.08.

57.3 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2006.

57.4 	Sec. 40.  REPEALER.
 57.5 	Minnesota Statutes 2006, section 85.012, subdivision 24b, is repealed.

57.6 	Sec. 41. EFFECTIVE DATE.
 57.7 	Sections 1 to 40 are effective the day following final enactment.

57.8 	ARTICLE 5 
57.9 	 WETLANDS CONSERVATION 

57.10 	Section 1. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
57.11 		Subd. 3.Application; extensions. (a) The time limit in subdivision 2 begins upon 
57.12 	the agency's receipt of a written request containing all information required by law or by 
57.13 	a previously adopted rule, ordinance, or policy of the agency, including the applicable 
57.14 	application fee. If an agency receives a written request that does not contain all required 
57.15 	information, the 60-day limit starts over only if the agency sends written notice within 15 
57.16 	business days of receipt of the request telling the requester what information is missing.
57.17 	(b) If a request relating to zoning, septic systems, watershed district review, soil and 
57.18 	water conservation district review, or expansion of the metropolitan urban service area 
57.19 	requires the approval of more than one state agency in the executive branch, the 60-day 
57.20 	period in subdivision 2 begins to run for all executive branch agencies on the day a request 
57.21 	containing all required information is received by one state agency. The agency receiving 
57.22 	the request must forward copies to other state agencies whose approval is required.
57.23 	(c) An agency response, including an approval with conditions, meets the 60-day 
57.24 	time limit if the agency can document that the response was sent within 60 days of receipt 
57.25 	of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke 
57.26 	or rescind the approval by the agency and will not give rise to a claim that the 60-day 
57.27 	time limit was not met.
57.28 	(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court 
57.29 	order requires a process to occur before the agency acts on the request, and the time 
57.30 	periods prescribed in the state statute, federal law, or court order make it impossible to 
57.31 	act on the request within 60 days. In cases described in this paragraph, the deadline is 
57.32 	extended to 60 days after completion of the last process required in the applicable statute, 
58.1 	law, or order. Final approval of an agency receiving a request is not considered a process 
58.2 	for purposes of this paragraph.
58.3 	(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state 
58.4 	agency requires prior approval of a federal agency; or (2) an application submitted to 
58.5 	a city, county, town, school district, metropolitan or regional entity, or other political 
58.6 	subdivision requires prior approval of a state or federal agency. In cases described in 
58.7 	this paragraph, the deadline for agency action is extended to 60 days after the required 
58.8 	prior approval is granted.
58.9 	(f) An agency may extend the time limit in subdivision 2 before the end of the 
58.10 	initial 60-day period by providing written notice of the extension to the applicant. The 
58.11 	notification must state the reasons for the extension and its anticipated length, which may 
58.12 	not exceed 60 days unless approved by the applicant.
58.13 	(g) An applicant may by written notice to the agency request an extension of the 
58.14 	time limit under this section.

58.15 	Sec. 2. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
58.16 		Subd. 3.Wetland replacement siting. (a) Siting wetland replacement must follow 
58.17 	this priority order:
58.18 	(1) on site or in the same minor watershed as the affected wetland;
58.19 	(2) in the same watershed as the affected wetland;
58.20 	(3) in the same county as the affected wetland;
58.21 	(4) for replacement by wetland banking, in the same wetland bank service area as 
58.22 	the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in 
58.23 	a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a 
58.24 	less than 50 percent area;
58.25 	(5) for project specific replacement, in an adjacent watershed or county to the 
58.26 	affected wetland, or for replacement by wetland banking, in an adjacent wetland bank 
58.27 	service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 
58.28 	80 percent area and impacts in a less than 50 percent area must be replaced in a less 
58.29 	than 50 percent area; and
58.30 	(5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for 
58.31 	public transportation projects, except that wetlands affected in less than 50 percent areas 
58.32 	must be replaced in less than 50 percent areas, and wetlands affected in the seven-county 
58.33 	metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, 
58.34 	(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds 
59.1 	that are wholly or partially within the seven-county metropolitan area, but at least one to 
59.2 	one must be replaced within the seven-county metropolitan area.
59.3 	(b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80 
59.4 	percent areas may follow the priority order under this paragraph: (1) by wetland banking 
59.5 	after evaluating on-site replacement and replacement within the watershed; (2) replaced 
59.6 	in an adjacent wetland bank service area if wetland bank credits are not reasonably 
59.7 	available in the same wetland bank service area as the affected wetland, as determined 
59.8 	by the local government unit or by a comprehensive inventory approved by the board; 
59.9 	and (3) statewide.
59.10 	(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county 
59.11 	metropolitan area must follow the priority order under this paragraph: (1) in the affected 
59.12 	county; (2) in another of the seven metropolitan counties; or (3) in one of the major 
59.13 	watersheds that are wholly or partially within the seven-county metropolitan area, but at 
59.14 	least one to one must be replaced within the seven-county metropolitan area.
59.15 	(d) The exception in paragraph (a), clause (5) (6), does not apply to replacement 
59.16 	completed using wetland banking credits established by a person who submitted a 
59.17 	complete wetland banking application to a local government unit by April 1, 1996.
59.18 	(c) (e) When reasonable, practicable, and environmentally beneficial replacement 
59.19 	opportunities are not available in siting priorities listed in paragraph (a), the applicant 
59.20 	may seek opportunities at the next level.
59.21 	(d) (f) For the purposes of this section, "reasonable, practicable, and environmentally 
59.22 	beneficial replacement opportunities" are defined as opportunities that:
59.23 	(1) take advantage of naturally occurring hydrogeomorphological conditions and 
59.24 	require minimal landscape alteration;
59.25 	(2) have a high likelihood of becoming a functional wetland that will continue 
59.26 	in perpetuity;
59.27 	(3) do not adversely affect other habitat types or ecological communities that are 
59.28 	important in maintaining the overall biological diversity of the area; and
59.29 	(4) are available and capable of being done after taking into consideration cost, 
59.30 	existing technology, and logistics consistent with overall project purposes.
59.31 	(e) (g) Regulatory agencies, local government units, and other entities involved in 
59.32 	wetland restoration shall collaborate to identify potential replacement opportunities within 
59.33 	their jurisdictional areas.

59.34 	Sec. 3. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to read:
59.35 		Subd. 3.Federal approvals. A replacement plan for wetlands is not required for:
60.1 	(1) activities exempted from federal regulation under United States Code, title 33, 
60.2 	section 1344(f), as in effect on January 1, 1991;
60.3 	(2) activities authorized under, and conducted in accordance with, an applicable 
60.4 	general permit issued by the United States Army Corps of Engineers under section 404 
60.5 	of the federal Clean Water Act, United States Code, title 33, section 1344, except the 
60.6 	nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), 
60.7 	clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on 
60.8 	January 1, 1991; or
60.9 	(3) activities authorized under the federal Clean Water Act, section 404, or the 
60.10 	Rivers and Harbors Act, section 10, regulations that meet minimum state standards 
60.11 	under this chapter and sections 103A.202 and 103B.3355 and that have been approved 
60.12 	by the Board of Water and Soil Resources, the commissioners of natural resources and 
60.13 	agriculture, and the Pollution Control Agency. 

60.14 	Sec. 4. Minnesota Statutes 2006, section 103G.2241, subdivision 4, is amended to read:
60.15 		Subd. 4.Wetland restoration. A replacement plan for wetlands is not required for:
60.16 	(1) activities in a wetland restored or created for conservation purposes under a 
60.17 	contract or easement providing the landowner with the right to drain the restored or 
60.18 	created wetland; or
60.19 	(2) activities in a wetland restored or created by a landowner without any assistance 
60.20 	or financing from public agencies or private entities other than the landowner and the 
60.21 	wetland has not been used for wetland replacement or deposited in the state wetland bank.

60.22 	Sec. 5. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to read:
60.23 		Subd. 6.Utilities; public works. (a) A replacement plan for wetlands is not 
60.24 	required for:
60.25 	(1) placement, maintenance, repair, enhancement, or replacement of utility or 
60.26 	utility-type service if:
60.27 	(i) the impacts of the proposed project on the hydrologic and biological 
60.28 	characteristics of the wetland have been avoided and minimized to the extent possible; and
60.29 	(ii) the proposed project significantly modifies or alters less than one-half acre of 
60.30 	wetlands;
60.31 	(2) activities associated with routine maintenance of utility and pipeline 
60.32 	rights-of-way, provided the activities do not result in additional intrusion into the wetland;
60.33 	(3) alteration of a wetland associated with the operation, maintenance, or repair of 
60.34 	an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
61.1 	(4) emergency repair and normal maintenance and repair of existing public works, 
61.2 	provided the activity does not result in additional intrusion of the public works into the 
61.3 	wetland and does not result in the draining or filling, wholly or partially, of a wetland;
61.4 	(5) normal maintenance and minor repair of structures causing no additional 
61.5 	intrusion of an existing structure into the wetland, and maintenance and repair of private 
61.6 	crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
61.7 	(6) repair and updating of existing individual sewage treatment systems as necessary 
61.8 	to comply with local, state, and federal regulations.
61.9 	(1) new placement or maintenance, repair, enhancement, or replacement of existing 
61.10 	utility or utility-type service, including pipelines, if:
61.11 	(i) the direct and indirect impacts of the proposed project have been avoided and 
61.12 	minimized to the extent possible; and
61.13 	(ii) the proposed project significantly modifies or alters less than one-half acre of 
61.14 	wetlands;
61.15 	(2) activities associated with operation, routine maintenance, or emergency repair of 
61.16 	existing utilities and public work structures, including pipelines, provided the activities 
61.17 	do not result in additional wetland intrusion or additional draining or filling of a wetland 
61.18 	either wholly or partially; or
61.19 	(3) repair and updating of existing individual sewage treatment systems necessary to 
61.20 	comply with local, state, and federal regulations.
61.21 	(b) For maintenance, repair, and replacement, the local government unit may issue 
61.22 	a seasonal or annual exemption certification or the utility may proceed without local 
61.23 	government unit certification if the utility is carrying out the work according to approved 
61.24 	best management practices. Work of an emergency nature may proceed as necessary 
61.25 	and any drain or fill activities shall be addressed with the local government unit after 
61.26 	the emergency work has been completed.

61.27 	Sec. 6. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to 
61.28 	read:
61.29 		Subd. 11.Exemption conditions. (a) A person conducting an activity in a wetland 
61.30 	under an exemption in subdivisions 1 to 10 shall ensure that:
61.31 	(1) appropriate erosion control measures are taken to prevent sedimentation of 
61.32 	the water;
61.33 	(2) the activity does not block fish passage in a watercourse; and
62.1 	(3) the activity is conducted in compliance with all other applicable federal, 
62.2 	state, and local requirements, including best management practices and water resource 
62.3 	protection requirements established under chapter 103H.
62.4 	(b) An activity is exempt if it qualifies for any one of the exemptions, even though it 
62.5 	may be indicated as not exempt under another exemption.
62.6 	(c) Persons proposing to conduct an exempt activity are encouraged to contact the 
62.7 	local government unit or the local government unit's designee for advice on minimizing 
62.8 	wetland impacts.
62.9 	(d) The board shall develop rules that provide for estimates and reporting of exempt 
62.10 	wetland impacts, including those in subdivisions 2, 6, and 9.

62.11 	Sec. 7. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to read:
62.12 		Subd. 2.Evaluation. (a) Questions concerning the public value, location, size, 
62.13 	or type of a wetland shall be submitted to and determined by a Technical Evaluation 
62.14 	Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 
62.15 	a technical professional employee of the board, a technical professional employee of 
62.16 	the local soil and water conservation district or districts, a technical professional with 
62.17 	expertise in water resources management appointed by the local government unit, and 
62.18 	a technical professional employee of the Department of Natural Resources for projects 
62.19 	affecting public waters or wetlands adjacent to public waters. The panel shall use the 
62.20 	"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 
62.21 	including updates, supplementary guidance, and replacements, if any, "Wetlands of 
62.22 	the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 
62.23 	and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 
62.24 	edition). The panel shall provide the wetland determination and recommendations on 
62.25 	other technical matters to the local government unit that must approve a replacement 
62.26 	plan, wetland banking plan, exemption determination, no-loss determination, or wetland 
62.27 	boundary or type determination and may recommend approval or denial of the plan. The 
62.28 	authority must consider and include the decision of the Technical Evaluation Panel in their 
62.29 	approval or denial of a plan or determination.
62.30 	(b) Persons conducting wetland or public waters boundary delineations or type 
62.31 	determinations are exempt from the requirements of chapter 326. By January 15, 2001, 
62.32 	the board, in consultation with the Minnesota Association of Professional Soil Scientists, 
62.33 	the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan 
62.34 	for a professional wetland delineator certification program to the legislature. The board 
62.35 	may develop a professional wetland delineator certification program.

63.1 	Sec. 8. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to 
63.2 	read:
63.3 		Subd. 2a.Wetland boundary or type determination. (a) A landowner may apply 
63.4 	for a wetland boundary or type determination from the local government unit. The 
63.5 	landowner applying for the determination is responsible for submitting proof necessary 
63.6 	to make the determination, including, but not limited to, wetland delineation field data, 
63.7 	observation well data, topographic mapping, survey mapping, and information regarding 
63.8 	soils, vegetation, hydrology, and groundwater both within and outside of the proposed 
63.9 	wetland boundary.
63.10 	(b) A local government unit that receives an application under paragraph (a) may 
63.11 	seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if 
63.12 	necessary, expand the Technical Evaluation Panel. The local government unit may delegate 
63.13 	the decision authority for wetland boundary or type determinations with the zoning 
63.14 	administrator to designated staff, or establish other procedures it considers appropriate.
63.15 	(c) The local government unit decision must be made in compliance with section 
63.16 	15.99. Within ten calendar days of the decision, the local government unit decision must 
63.17 	be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 
63.18 	district or watershed management organization, if one exists, and individual members of 
63.19 	the public who request a copy. 
63.20 	(d) Appeals of decisions made by designated local government staff must be made 
63.21 	to the local government unit. Notwithstanding any law to the contrary, a ruling on an 
63.22 	appeal must be made by the local government unit within 30 days from the date of the 
63.23 	filing of the appeal.
63.24 	(e) The local government unit decision is valid for three years unless the Technical 
63.25 	Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 
63.26 	or soils of the area have been sufficient to alter the wetland boundary or type.

63.27 	Sec. 9. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to read:
63.28 		Subd. 9.Appeal. (a) Appeal of a replacement plan, exemption, wetland banking, 
63.29 	wetland boundary or type determination, or no-loss decision, or restoration order may 
63.30 	be obtained by mailing a petition and payment of a filing fee of $200, which shall be 
63.31 	retained by the board to defray administrative costs, to the board within 30 days after the 
63.32 	postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 
63.33 	30 days, the decision becomes final. The local government unit may require the petitioner 
63.34 	to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the 
64.1 	petition for hearing is accepted, the amount posted must be returned to the petitioner. 
64.2 	Appeal may be made by:
64.3 	(1) the wetland owner;
64.4 	(2) any of those to whom notice is required to be mailed under subdivision 7; or
64.5 	(3) 100 residents of the county in which a majority of the wetland is located.
64.6 	(b) Within 30 days after receiving a petition, the board shall decide whether to 
64.7 	grant the petition and hear the appeal. The board shall grant the petition unless the board 
64.8 	finds that:
64.9 	(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
64.10 	(2) the petitioner has not exhausted all local administrative remedies;
64.11 	(3) expanded technical review is needed;
64.12 	(4) the local government unit's record is not adequate; or
64.13 	(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 
64.14 	by the local government unit.
64.15 	(c) In determining whether to grant the appeal, the board shall also consider the 
64.16 	size of the wetland, other factors in controversy, any patterns of similar acts by the local 
64.17 	government unit or petitioner, and the consequences of the delay resulting from the appeal.
64.18 	(d) All appeals must be heard by the committee for dispute resolution of the board, 
64.19 	and a decision made within 60 days of filing the local government unit's record and the 
64.20 	written briefs submitted for the appeal. The decision must be served by mail on the parties 
64.21 	to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 
64.22 	grant a petition for appeal and a decision on the merits of an appeal must be considered the 
64.23 	decision of an agency in a contested case for purposes of judicial review under sections 
64.24 	14.63 to 14.69. 
64.25 	(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to 
64.26 	defray the administrative costs of appeals made to the board under this subdivision. Fees 
64.27 	established under this authority shall not exceed $1,000. Establishment of the fee is not 
64.28 	subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

64.29 	Sec. 10. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to 
64.30 	read:
64.31 		Subd. 12.Replacement credits. (a) No public or private wetland restoration, 
64.32 	enhancement, or construction may be allowed for replacement unless specifically 
64.33 	designated for replacement and paid for by the individual or organization performing the 
64.34 	wetland restoration, enhancement, or construction, and is completed prior to any draining 
64.35 	or filling of the wetland.
65.1 	(b) Paragraph (a) does not apply to a wetland whose owner has paid back with 
65.2 	interest the individual or organization restoring, enhancing, or constructing the wetland.
65.3 	(c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) (i), the 
65.4 	following actions, and others established in rule, that are consistent with criteria in rules 
65.5 	adopted by the board in conjunction with the commissioners of natural resources and 
65.6 	agriculture, are eligible for replacement credit as determined by the local government unit, 
65.7 	including enrollment in a statewide wetlands bank: 
65.8 	(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 
65.9 	on agricultural land that was planted with annually seeded crops, was in a crop rotation 
65.10 	seeding of pasture grasses or legumes, or was in a land retirement program during the 
65.11 	past ten years;
65.12 	(2) buffer areas of permanent native, noninvasive vegetative cover established or 
65.13 	preserved on upland adjacent to replacement wetlands;
65.14 	(3) wetlands restored for conservation purposes under terminated easements or 
65.15 	contracts; and
65.16 	(4) water quality treatment ponds constructed to pretreat storm water runoff prior 
65.17 	to discharge to wetlands, public waters, or other water bodies, provided that the water 
65.18 	quality treatment ponds must be associated with an ongoing or proposed project that 
65.19 	will impact a wetland and replacement credit for the treatment ponds is based on the 
65.20 	replacement of wetland functions and on an approved stormwater management plan for 
65.21 	the local government that include pretreatment of runoff and function as a wetland.
65.22 	(d) Notwithstanding section 103G.222, subdivision 1, paragraphs (e) (f) and (f) (g), 
65.23 	the board may establish by rule different replacement ratios for restoration projects with 
65.24 	exceptional natural resource value. 

65.25 	Sec. 11. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to 
65.26 	read:
65.27 		Subd. 15.Fees paid to board. (a) All fees established in subdivision 14 must be 
65.28 	paid to the Board of Water and Soil Resources and credited to the general fund to be used 
65.29 	for the purpose of administration of the wetland bank.
65.30 	(b) All fees established in subdivision 9 must be paid to the Board of Water and Soil 
65.31 	Resources and credited to the special revenue fund. Money received from fees paid under 
65.32 	this paragraph is annually appropriated to the board to process appeals under subdivision 9.

65.33 	Sec. 12. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to 
65.34 	read:
66.1 		Subd. 2.Plan contents. A comprehensive wetland protection and management 
66.2 	plan may:
66.3 	(1) provide for classification of wetlands in the plan area based on:
66.4 	(i) an inventory of wetlands in the plan area;
66.5 	(ii) an assessment of the wetland functions listed in section 103B.3355, using a 
66.6 	methodology chosen by the Technical Evaluation Panel from one of the methodologies 
66.7 	established or approved by the board under that section; and 
66.8 	(iii) the resulting public values;
66.9 	(2) vary application of the sequencing standards in section 103G.222, subdivision 1, 
66.10 	paragraph (b), for projects based on the classification and criteria set forth in the plan; 
66.11 	(3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs 
66.12 	(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific 
66.13 	wetland impacts provided there is no net loss of public values within the area subject to 
66.14 	the plan, and so long as: 
66.15 	(i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced 
66.16 	wetland for each acre of drained or filled wetland requiring replacement is met within 
66.17 	the area subject to the plan; and
66.18 	(ii) in a less than 50 percent area, a minimum acreage requirement of two acres of 
66.19 	replaced wetland for each acre of drained or filled wetland requiring replacement is met 
66.20 	within the area subject to the plan, except that replacement for the amount above a 1:1 
66.21 	ratio can be accomplished as described in section 103G.2242, subdivision 12; and
66.22 	(4) in a greater than 80 percent area, allow replacement credit, based on the 
66.23 	classification and criteria set forth in the plan, for any project that increases the public 
66.24 	value of wetlands, including activities on adjacent upland acres; and
66.25 	(5) in a greater than 80 percent area, based on the classification and criteria set forth 
66.26 	in the plan, expand the application of the exemptions in section 103G.2241, subdivision 
66.27 	1, paragraph (a), clause (4), to also include nonagricultural land, provided there is no 
66.28 	net loss of wetland values. 

66.29 	Sec. 13. RULEMAKING.
 66.30 	Within 90 days of the effective date of this section, the Board of Water and Soil 
66.31 	Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate 
66.32 	into the rules changes enacted in Minnesota Statutes, and the wetland replacement and 
66.33 	banking provisions in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are 
66.34 	exempt from the rulemaking provisions of Minnesota Statutes, chapter 14, except that 
66.35 	Minnesota Statutes, section 14.386, applies and the proposed rules must be submitted 
67.1 	to the legislative committees with jurisdiction over environment and natural resources 
67.2 	at least 30 days prior to being published in the State Register. The amended rules are 
67.3 	effective for two years from the date of publication in the State Register unless they are 
67.4 	superceded by permanent rules.

67.5 	Sec. 14.  REPEALER.
 67.6 	Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.

67.7 	Sec. 15. EFFECTIVE DATE.
 67.8 	Sections 1 to 14 are effective the day following final enactment.

67.9 	ARTICLE 6
67.10 	ENVIRONMENTAL POLICY

67.11 	Section 1. [16B.327] DEFINITIONS.
67.12 		Subdivision 1.Application. For the purposes of section 16B.328, the definitions 
67.13 	in this section have the meanings given.
67.14 		Subd. 2.Energy conservation. "Energy conservation" means reducing energy use 
67.15 	and includes using a light with lower wattage or time controls.
67.16 		Subd. 3.Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5 
67.17 	percent or less of the lamp lumens are emitted above a horizontal plane through the 
67.18 	luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical 
67.19 	angle 80 degrees above the luminaire's lowest point.
67.20 		Subd. 4.Light pollution. "Light pollution" means the night sky glow caused by the 
67.21 	scattering of artificial light in the atmosphere.
67.22 		Subd. 5.Outdoor lighting fixture. "Outdoor lighting fixture" means any type of 
67.23 	fixed or movable lighting equipment that is designed or used for illumination outdoors. 
67.24 	The term includes billboard lighting, streetlights, searchlights, and other lighting used for 
67.25 	advertising purposes and area lighting. The term does not include lighting equipment 
67.26 	that is required by law to be installed on motor vehicles or lighting required for the safe 
67.27 	operation of aircraft.

67.28 	Sec. 2. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING 
67.29 	FIXTURES; MODEL ORDINANCE.
67.30 		Subdivision 1.Outdoor lighting fixtures. (a) An outdoor lighting fixture may be 
67.31 	installed or replaced using state funds only if:
68.1 	(1) the new or replacement outdoor lighting fixture is a  cutoff luminaire if the rated 
68.2 	output of the outdoor lighting fixture is greater than 1,800 lumens;
68.3 	(2) the minimum illuminance adequate for the intended purpose is used with 
68.4 	consideration given to nationally recognized standards;
68.5 	(3) for lighting of a designated highway of the state highway system, the Department 
68.6 	of Transportation determines that the purpose of the outdoor lighting fixture cannot be 
68.7 	achieved by the installation of reflective road markers, lines, warning or informational 
68.8 	signs, or other effective passive methods; and
68.9 	(4) full consideration has been given to energy conservation and savings, reducing 
68.10 	glare, minimizing light pollution, and preserving the natural night environment.
68.11 	(b) Paragraph (a) does not apply if:
68.12 	(1) a federal law, rule, or regulation preempts state law;
68.13 	(2) the outdoor lighting fixture is used on a temporary basis because emergency 
68.14 	personnel require additional illumination for emergency procedures;
68.15 	(3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
68.16 	(4) special events or situations require additional illumination, provided that the 
68.17 	illumination installed shields the outdoor lighting fixtures from direct view and minimizes 
68.18 	upward lighting and light pollution;
68.19 	(5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of 
68.20 	a single object or distinctive building; or
68.21 	(6) a compelling safety interest exists that cannot be addressed by another method.
68.22 	(c) This subdivision does not apply to the operation and maintenance of lights or 
68.23 	lighting systems purchased or installed, or for which design work is completed, before 
68.24 	August 1, 2007.
68.25 	(d) This section does not apply if a state agency or local unit of government 
68.26 	determines that compliance with this section would:
68.27 	(1) require an increased use of electricity;
68.28 	(2) increase the construction cost of a lighting system more than 15 percent over the 
68.29 	construction cost of a lighting system that does not comply with this section;
68.30 	(3) increase the cost of operation and maintenance of the lighting system more than 
68.31 	ten percent over the cost of operating and maintaining the existing lighting system over 
68.32 	the life of the lighting system; or 
68.33 	(4) result in a negative safety impact.
68.34 		Subd. 2.Model ordinance. The commissioner of administration, in consultation 
68.35 	with the commissioner of commerce, associations for local governments, and any other 
68.36 	interested person, shall develop a model ordinance that can be adapted for use by cities, 
69.1 	counties, and towns, governing outdoor lighting to reduce light pollution. The model 
69.2 	ordinance must include provisions addressing elements similar to those in subdivision 1. 
69.3 	In addition, the model ordinance must address:
69.4 	(1) standards for lighting on private property, outdoor advertising, lighting on 
69.5 	commercial, industrial, or institutional property, canopies covering fueling stations, and 
69.6 	public streets, sidewalks, and alleys;
69.7 	(2) how illumination levels should be measured;
69.8 	(3) possible exemptions, such as for temporary emergency or hazard lighting;
69.9 	(4) recommended elements for an exterior lighting plan for a development;
69.10 	(5) treatment of nonconforming lighting;
69.11 	(6) lighting standards that might apply in special subdistricts;
69.12 	(7) light pole maximum heights; and
69.13 	(8) light trespass.

69.14 	Sec. 3. Minnesota Statutes 2006, section 115.56, subdivision 2, is amended to read:
69.15 		Subd. 2.License required. (a) Except as provided in paragraph (b), after March 31, 
69.16 	1996, a person may not design, install, maintain, pump, or inspect an individual sewage 
69.17 	treatment system without a license issued by the commissioner.
69.18 	(b) A license is not required for a person who complies with the applicable 
69.19 	requirements if the person is:
69.20 	(1) a qualified employee of state or local government who has passed the 
69.21 	examination described in paragraph (d) or a similar examination;
69.22 	(2) an individual who constructs an individual sewage treatment system on land that 
69.23 	is owned or leased by the individual and functions solely as the individual's dwelling or 
69.24 	seasonal dwelling;
69.25 	(3) a farmer who pumps and disposes of sewage waste from individual sewage 
69.26 	treatment systems, holding tanks, and privies on land that is owned or leased by the 
69.27 	farmer; or
69.28 	(4) an individual who performs labor or services for a person licensed under this 
69.29 	section in connection with the design, installation, maintenance, pumping, or inspection of 
69.30 	an individual sewage treatment system at the direction and under the personal supervision 
69.31 	of a person licensed under this section.
69.32 	A person constructing an individual sewage treatment system under clause (2) must 
69.33 	consult with a site evaluator or designer before beginning construction. In addition, the 
69.34 	system must be inspected before being covered and a compliance report must be provided 
69.35 	to the local unit of government after the inspection.
70.1 	(c) The commissioner, in conjunction with the University of Minnesota Extension 
70.2 	Service or another higher education institution, shall ensure adequate training exists for 
70.3 	individual sewage treatment system professionals.
70.4 	(d) The commissioner shall conduct examinations to test the knowledge of applicants 
70.5 	for licensing and shall issue documentation of licensing.
70.6 	(e) Licenses may be issued only upon successful completion of the required 
70.7 	examination and submission of proof of sufficient experience, proof of general liability 
70.8 	insurance, and a corporate surety bond in the amount of at least $10,000.
70.9 	(f) Notwithstanding paragraph (e), the examination and proof of experience are not 
70.10 	required for an individual sewage treatment system professional who, on the effective date 
70.11 	of the rules adopted under subdivision 1, holds a certification attained by examination and 
70.12 	experience under a voluntary certification program administered by the agency.
70.13 	(g) Local units of government may not require additional local licenses for individual 
70.14 	sewage treatment system professionals.
70.15 	(h) A pumper whose annual gross revenue from pumping systems is $9,000 or 
70.16 	less and whose gross revenue from pumping systems during the year ending May 11, 
70.17 	1994, was at least $1,000 is not subject to training requirements in rules adopted under 
70.18 	subdivision 1, except for any training required for initial licensure.
70.19 	(i) Until December 31, 2010, no other professional license is required to: 
70.20 	(1) design, install, maintain, or inspect an individual sewage treatment system with a 
70.21 	flow of 10,000 gallons of water per day or less if the system designer, installer, maintainer, 
70.22 	or inspector is licensed under this subdivision and the local unit of government has not 
70.23 	adopted additional requirements; and
70.24 	(2) operate an individual sewage treatment system with a flow of 10,000 gallons 
70.25 	of water per day or less if the system operator is licensed as a system designer, installer, 
70.26 	maintainer, or inspector under this subdivision and the local unit of government has not 
70.27 	adopted additional requirements.

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

70.29 	Sec. 4. Minnesota Statutes 2006, section 115A.932, subdivision 1, is amended to read:
70.30 		Subdivision 1.Prohibitions and recycling requirements. (a) A person may not 
70.31 	place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical 
70.32 	or scientific instrument, or fluorescent or high-intensity discharge lamp, electric relay,
70.33 	or other electrical device from which the mercury has not been removed for reuse or 
70.34 	recycling:
70.35 	(1) in solid waste; or
71.1 	(2) in a wastewater disposal system.
71.2 	(b) A person may not knowingly place mercury or a thermostat, thermometer, 
71.3 	electric switch, appliance, gauge, medical or scientific instrument, or fluorescent or 
71.4 	high-intensity discharge lamp, electric relay, or other electrical device from which the 
71.5 	mercury has not been removed for reuse or recycling:
71.6 	(1) in a solid waste processing facility; or
71.7 	(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4. 
71.8 	(c) A person may not knowingly place a fluorescent or high intensity discharge lamp:
71.9 	(1) in solid waste; or
71.10 	(2) in a solid waste facility, except a household hazardous waste collection or 
71.11 	recycling facility.
71.12 	This paragraph does not apply to waste lamps generated by households until August 
71.13 	1, 1994.
71.14 	(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery 
71.15 	of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or 
71.16 	to a facility that collects and stores lamps for the purpose of delivering them to a lamp 
71.17 	recycling facility, including, but not limited to, a household hazardous waste collection 
71.18 	or recycling facility, retailer take-back and utility provider program sites, or other sites 
71.19 	designated by an electric utility under section 216B.241, subdivisions 2 and 4.

71.20 	Sec. 5. Minnesota Statutes 2006, section 116.07, subdivision 2a, is amended to read:
71.21 		Subd. 2a.Exemptions from standards. No standards adopted by any state agency 
71.22 	for limiting levels of noise in terms of sound pressure which may occur in the outdoor 
71.23 	atmosphere shall apply to (1) segments of trunk highways constructed with federal 
71.24 	interstate substitution money, provided that all reasonably available noise mitigation 
71.25 	measures are employed to abate noise, (2) an existing or newly constructed segment of a 
71.26 	highway, provided that all reasonably available noise mitigation measures, as approved by 
71.27 	the commissioners of the Department of Transportation and Pollution Control Agency, are 
71.28 	employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing 
71.29 	or newly constructed segment of a road, street, or highway under the jurisdiction of a road 
71.30 	authority of a town, statutory or home rule charter city, or county, except for roadways for 
71.31 	which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, or 
71.32 	(5) motor vehicle race events conducted at a facility specifically designed for that purpose 
71.33 	that was in operation on or before July 1, 1983 1996. Nothing herein shall prohibit a 
71.34 	local unit of government or a public corporation with the power to make rules for the 
71.35 	government of its real property from regulating the location and operation of skeet, trap 
72.1 	or shooting sports clubs, or motor vehicle race events conducted at a facility specifically 
72.2 	designed for that purpose that was in operation on or before July 1, 1983 1996.

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

72.4 	Sec. 6. Minnesota Statutes 2006, section 116.0714, is amended to read:
72.5 	116.0714 NEW OPEN AIR SWINE BASINS.
72.6 	After May 18, 2002, The commissioner of the Pollution Control Agency or a county 
72.7 	board shall not approve any permits for the construction of new open air swine basins, 
72.8 	except that existing facilities may use one basin of less than 1,000,000 gallons as part 
72.9 	of a permitted waste treatment program for resolving pollution problems or to allow 
72.10 	conversion of an existing basin of less than 1,000,000 gallons to a different animal type, 
72.11 	provided all standards are met. This section expires June 30, 2007 2012.

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

72.13 	Sec. 7. Minnesota Statutes 2006, section 116.23, is amended to read:
72.14 	116.23 PROHIBITION AND RESTRICTIONS.
72.15 		Subdivision 1.Nutrient concentrations. No person shall manufacture for use or 
72.16 	sale in Minnesota or import into Minnesota for resale any cleaning agent or chemical 
72.17 	water conditioner which contains a prescribed nutrient in a concentration that is greater 
72.18 	than the prescribed maximum permissible concentration of that nutrient in that cleaning 
72.19 	agent or chemical water conditioner.
72.20 		Subd. 2.Residential dishwasher detergent. No person shall sell, distribute, offer, 
72.21 	or expose for sale at retail any household dishwasher detergent that contains more than 0.5 
72.22 	percent phosphorus by weight. This subdivision does not apply to the sale or distribution 
72.23 	of detergents for commercial or institutional dishwashing purposes.

72.24 	EFFECTIVE DATE. This section is effective July 1, 2010.

72.25 	Sec. 8. Minnesota Statutes 2006, section 116.92, subdivision 3, is amended to read:
72.26 		Subd. 3.Labeling; products containing mercury. (a) A manufacturer or 
72.27 	wholesaler may not sell and a retailer may not knowingly sell any of the following items 
72.28 	in this state that contain mercury unless the item is labeled in a manner to clearly inform a 
72.29 	purchaser or consumer that mercury is present in the item and that the item may not be 
72.30 	placed in the garbage until the mercury is removed and reused, recycled, or otherwise 
72.31 	managed to ensure that it does not become part of solid waste or wastewater:
73.1 	(1) a thermostat or thermometer;
73.2 	(2) an electric switch, individually or as part of another product, other than a motor 
73.3 	vehicle;
73.4 	(3) an appliance;
73.5 	(4) a medical or scientific instrument; and
73.6 	(5) an electric relay or other electrical device;
73.7 	(6) a fluorescent or high-intensity discharge lamp, individually or as part of another 
73.8 	product; and
73.9 	(7) laboratory chemicals, reagents, fixatives, and electrodes.
73.10 	(b) Labeling of items in accordance with mercury product labeling plans approved 
73.11 	by another state that is a member of the Interstate Mercury Education and Reduction 
73.12 	Clearinghouse (IMERC) shall be considered to be in compliance with this section. The 
73.13 	manufacturer shall provide a copy of the labeling plan to the agency and shall notify the 
73.14 	agency if the approval is modified.
73.15 	(c) Manufacturers of products that contain a mercury-containing lamp not intended 
73.16 	to be replaceable by the user or consumer shall meet the product labeling requirements of 
73.17 	this section by placing the label on the product or in the care and use manual or product 
73.18 	instructions.

73.19 	EFFECTIVE DATE. Paragraphs (b) and (c) apply to products manufactured on 
73.20 	or after January 1, 2008.

73.21 	Sec. 9. Minnesota Statutes 2006, section 116.92, subdivision 7a, is amended to read:
73.22 		Subd. 7a.Fluorescent and high-intensity discharge lamps; residential 
73.23 	applications. (a) Any information regarding fluorescent and high-intensity discharge 
73.24 	lamps containing mercury that is sent by a utility to a customer, present on a utility's Web 
73.25 	site, or contained in a utility's print, radio, or video advertisement, must:
73.26 	(1) state that the lamps contain mercury;
73.27 	(2) state that mercury is harmful to the environment and;
73.28 	(3) state that it is illegal to place them placing the lamps in garbage is illegal; and
73.29 	(2)(4) provide a toll-free telephone number or Web site that customers can access to 
73.30 	learn how to lawfully dispose of the lamps.
73.31 	(b) The information under paragraph (a) must be:
73.32 	(1) provided in a minimum of 12-point type in print or online media;
73.33 	(2) conveyed in television and radio advertisements; and
74.1 	(3) provided in a manner that the ordinary consumer will understand that fluorescent 
74.2 	and high-intensity discharge lamps contain mercury and must not be placed in garbage 
74.3 	in Minnesota.

74.4 	Sec. 10. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
74.5 	to read:
74.6 		Subd. 8b.Ban; mercury-containing sphygmomanometers. After August 1, 
74.7 	2007, a person may not sell, offer for sale, distribute, install, or reinstall in the state a 
74.8 	sphygmomanometer containing mercury.

74.9 	Sec. 11. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
74.10 	to read:
74.11 		Subd. 8c.Ban; mercury-containing gastrointestinal devices. After August 1, 
74.12 	2007, a person may not sell, offer for sale, distribute, or use in the state an esophageal 
74.13 	dilator, bougie tube, gastrointestinal tube, feeding tube, or similar device containing 
74.14 	mercury.

74.15 	Sec. 12. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
74.16 	to read:
74.17 		Subd. 8d.Ban; mercury-containing thermostats. After August 1, 2007, a person 
74.18 	may not sell, offer for sale, distribute, install, or reinstall in the state a product or device 
74.19 	that uses a mercury switch to sense and control room temperature through communication 
74.20 	with heating, ventilating, or air-conditioning equipment. This subdivision does not apply 
74.21 	to a thermostat used to sense and control temperature as part of a manufacturing process.

74.22 	Sec. 13. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
74.23 	to read:
74.24 		Subd. 8e.Ban; mercury-containing switches and relays. (a) After August 1, 
74.25 	2007, a person may not sell, offer for sale, or distribute in the state a mercury switch or 
74.26 	mercury relay individually or as part of another product.
74.27 	(b) For the purposes of this subdivision:
74.28 	(1) "mercury relay" means a mercury-containing product or device that opens or 
74.29 	closes electrical contacts to affect the operation of other devices in the same or another 
74.30 	electrical circuit and includes, but is not limited to, mercury displacement relays, mercury 
74.31 	wetted reed relays, and mercury contact relays; and 
75.1 	(2) "mercury switch" means a mercury-containing product or device that opens or 
75.2 	closes an electrical circuit or gas valve and includes, but is not limited to, mercury float 
75.3 	switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a 
75.4 	change in the switch position, mercury pressure switches actuated by a change in pressure, 
75.5 	mercury temperature switches actuated by a change in temperature, and mercury flame 
75.6 	sensors. A mercury switch does not include a mercury-added thermostat or a mercury 
75.7 	diostat.
75.8 	(c) A manufacturer shall be in compliance with this subdivision if:
75.9 	(1) it has received an exclusion or exemption from a state that is a member of the 
75.10 	Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement 
75.11 	parts or for a use where no feasible alternative is available;
75.12 	(2) it submits a copy of the approved exclusion or exemption to the commissioner; 
75.13 	and
75.14 	(3) it meets all of the requirements in the approved exclusion or exemption for its 
75.15 	activities within the state.

75.16 	Sec. 14. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
75.17 	to read:
75.18 		Subd. 8f.Ban; mercury diostats. After January 1, 2008, a person may not sell, 
75.19 	offer for sale, or distribute a new gas oven, range, or stove containing a mercury-containing 
75.20 	switch that controls a gas valve in an oven or oven portion of a gas range or stove.

75.21 	Sec. 15. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
75.22 	to read:
75.23 		Subd. 8g.Ban; mercury-containing barometers, manometers, and pyrometers.
 75.24 	After January 1, 2008, a person may not sell, offer for sale, or distribute in the state a 
75.25 	mercury-containing device used for measuring atmospheric pressure or for measuring 
75.26 	pressure of liquids and gases or a mercury-containing device used for measuring the 
75.27 	temperature of extremely hot materials, individually or as part of another product.

75.28 	Sec. 16. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
75.29 	to read:
75.30 		Subd. 8h.Ban; mercury in over-the-counter pharmaceuticals. After January 
75.31 	1, 2008, a person may not sell, offer for sale, or distribute in the state for human use an 
75.32 	over-the-counter pharmaceutical product containing mercury.

76.1 	Sec. 17. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
76.2 	to read:
76.3 		Subd. 8i.Ban; mercury in cosmetics, toiletries, and fragrances. After January 1, 
76.4 	2008, a person may not sell, offer for sale, or distribute in the state a cosmetic, toiletry, 
76.5 	or fragrance product containing mercury.

76.6 	Sec. 18. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
76.7 	to read:
76.8 		Subd. 8j.Exclusion for existing equipment. The prohibitions in subdivisions 8b to 
76.9 	8g do not apply if a switch, relay, or measuring device is used to replace a switch, relay, or 
76.10 	measuring device that is a component of a larger product in use prior to January 1, 2008, 
76.11 	provided the owner of that equipment has made every reasonable effort to determine that 
76.12 	no compatible nonmercury replacement component exists.

76.13 	Sec. 19. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
76.14 	to read:
76.15 		Subd. 10.Definition of mercury-containing. For the purposes of this section, 
76.16 	"mercury-containing" or "containing mercury" means that the product, component of a 
76.17 	product, or chemical formulation  contains intentionally added mercury.

76.18 	Sec. 20. [116.921] MULTISTATE CLEARINGHOUSE.
76.19 	The agency is authorized to participate in the Interstate Mercury Education 
76.20 	and Reduction Clearinghouse (IMERC) to assist in carrying out the requirements 
76.21 	and coordinating any other activities related to the administration of statutes 
76.22 	governing the purchase, sale, use, labeling, disposal, and management of mercury and 
76.23 	mercury-containing products.

76.24 	Sec. 21. Minnesota Statutes 2006, section 116.93, subdivision 2, is amended to read:
76.25 		Subd. 2.Lamp recycling facility; permits or licenses; reporting. (a) A person 
76.26 	may not operate a lamp recycling facility without obtaining a permit or license for the 
76.27 	facility from the agency. The permit or license must require:
76.28 	(1) a plan for response to releases, including emergency response;
76.29 	(2) proof of financial responsibility for closure and any necessary postclosure care at 
76.30 	the facility which may include a performance bond or other insurance; and
76.31 	(3) liability insurance or another financial mechanism that provides proof of financial 
76.32 	responsibility for response actions required under chapter 115B; and
77.1 	(4) by March 1 each year, beginning in 2008, an annual report to the agency on the 
77.2 	number and type of lamps received from businesses and households in the state and total 
77.3 	number of lamps received from all generators outside of the state
77.4 	The agency shall specify the format for the report under clause (4) and make the 
77.5 	reported information available on the agency's Web site.
77.6 	(b) A lamp recycling facility that is licensed or permitted by a county under section 
77.7 	473.811, subdivision 5b, complies with this subdivision if the license or permit held by the 
77.8 	facility contains at least all the terms and conditions required by the agency for a license 
77.9 	or permit issued under this subdivision. 
77.10 	(c) A lamp recycling facility with a demonstrated capability for recycling that is in 
77.11 	operation prior to adoption of rules for a licensing or permitting process for the facility 
77.12 	by the agency may continue to operate in accordance with a compliance agreement or 
77.13 	other approval by the commissioner until a license or permit is issued by the agency 
77.14 	under this subdivision.

77.15 	Sec. 22. [121A.33] CERTAIN MERCURY USE IN SCHOOLS PROHIBITED.
77.16 	(a) For the purposes of this section, "school" has the meaning given under section 
77.17 	120A.22, subdivision 4, excluding home schools.
77.18 	(b) After December 31, 2007, a school shall not:
77.19 	(1) purchase or use elemental mercury for any purpose; and
77.20 	(2) purchase or use an instrument of measurement that contains mercury, including, 
77.21 	but not limited to, a thermometer, barometer, or sphygmomanometer, or a manometer 
77.22 	containing mercury.
77.23 	(c) After December 31, 2009, a school shall not:
77.24 	(1) store elemental mercury for any purpose; and
77.25 	(2) store an instrument of measurement that contains mercury, including, but not 
77.26 	limited to, a thermometer, barometer, sphygmomanometer, or a manometer containing 
77.27 	mercury.
77.28 	(d) This section does not apply to thermostats for heating, ventilation, and air 
77.29 	conditioning in the school.

77.30 	Sec. 23. Laws 2006, chapter 251, section 16, is amended to read:
77.31 	Sec. 16. PHOSPHORUS RULE; REPORT.
 77.32 	(a) Notwithstanding any law to the contrary, a provision of a Minnesota Pollution 
77.33 	Control Agency rule establishing new or changed limits on phosphorus discharges from a 
77.34 	new or existing wastewater facility must not take effect until July 1, 2007 2008.
78.1 	(b) The Minnesota Pollution Control Agency must report to the legislature by 
78.2 	February 1, 2007, on a proposed or adopted rule changing limits on phosphorus discharges. 
78.3 	The report must address scientific justification for the new rule and the impact the proposed 
78.4 	or adopted rule will have on needed funding to implement the Clean Water Legacy Act.

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

78.6 	Sec. 24. ISTS LICENSING REPORT.
 78.7 	The commissioner of the Pollution Control Agency must report to the legislative 
78.8 	committees with jurisdiction on environmental policy by February 15, 2008, after 
78.9 	consulting with officials from the Minnesota Onsite Wastewater Association; the 
78.10 	Minnesota Society of Professional Engineers; the American Council of Engineering 
78.11 	Companies; the Minnesota Association of Professional Soil Scientists; the Minnesota 
78.12 	Board of Architecture, Engineering, Land Surveying, Landscape Architecture, 
78.13 	Geoscience, and Interior Design; the Geoscience Professional Organization; the University 
78.14 	of Minnesota Water Resources Center; the Association of Minnesota Counties; the League 
78.15 	of Minnesota Cities; the Coalition of Greater Minnesota Cities; the Minnesota Association 
78.16 	of Small Cities; and the Minnesota Association of Townships, on further issues relating to 
78.17 	the licensing of individual sewage treatment systems. The agency shall not contract for 
78.18 	outside facilitation services in preparation of this report.

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

78.20 	Sec. 25. BIOFUEL PERMITTING REPORT.
 78.21 	By January 15, 2008, the Pollution Control Agency, the commissioner of agriculture, 
78.22 	the commissioner of natural resources, and the Environmental Quality Board shall report 
78.23 	to the house and senate committees and divisions with jurisdiction over agriculture and 
78.24 	environment policy and budget on the process to issue permits for biofuel production 
78.25 	facilities. The report shall include:
78.26 	(1) information on the timing of the permits and measures taken to improve the 
78.27 	timing of the permitting process;
78.28 	(2) recommended changes to statutes, rules, fees, or procedures to improve the 
78.29 	biofuel production facility permitting process; and
78.30 	(3) other information or analysis that may be helpful in understanding or improving 
78.31 	the biofuel production facility permitting process.

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

79.1 	Sec. 26. ENDOCRINE DISRUPTOR REPORT.
 79.2 	(a) The commissioner of the Pollution Control Agency, in consultation with the 
79.3 	commissioner of agriculture, the commissioner of health, the commissioner of natural 
79.4 	resources, the University of Minnesota, and the United States Environmental Protection 
79.5 	Agency, may prepare a report on strategies to address endocrine disruptors in waters of 
79.6 	the state. The report may include:
79.7 	(1) a review of the current literature of known endocrine disrupting compounds to 
79.8 	determine which ones are most likely to be of significance to humans, fish, and wildlife 
79.9 	in Minnesota;
79.10 	(2) a review of scientific studies to determine whether these compounds have the 
79.11 	potential to account for known effects on humans, fish, and wildlife in Minnesota;
79.12 	(3) a review of the comparative risk posed by endocrine disrupting compounds to 
79.13 	the long-term viability of populations of fish and wildlife; and
79.14 	(4) an evaluation of the practicability and the cost of prevention and remediation 
79.15 	strategies for any endocrine disrupting compounds found in clauses (1) and (2), as well as 
79.16 	other potential endocrine disruptors.
79.17 	(b) By January 15, 2008, the commissioner may submit the report to the house of 
79.18 	representatives and senate committees and divisions with jurisdiction over environment 
79.19 	and natural resources policy and finance.

79.20 	Sec. 27.  REPEALER.
 79.21 	Minnesota Statutes 2006, section 115.03, subdivision 10, is repealed.

79.22 	ARTICLE 7
79.23 	COMMUNITY FORESTRY

79.24 	Section 1. Minnesota Statutes 2006, section 18G.03, is amended by adding a 
79.25 	subdivision to read:
79.26 		Subd. 5.Certain species not subject to chapter 18G. This chapter does not apply 
79.27 	to exotic aquatic plants and wild animal species regulated under chapter 84D.

79.28 	Sec. 2. Minnesota Statutes 2006, section 18G.11, is amended to read:
79.29 	18G.11 COOPERATION WITH OTHER JURISDICTIONS.
79.30 		Subdivision 1.Detection and control agreements. The commissioner may enter 
79.31 	into cooperative agreements with organizations, persons, civic groups, governmental 
79.32 	agencies, or other organizations to adopt and execute plans to detect and control areas 
80.1 	infested or infected with harmful plant pests. The cooperative agreements may include 
80.2 	provisions of joint funding of any control treatment.
80.3 	If a harmful plant pest infestation or infection occurs and cannot be adequately 
80.4 	controlled by individual persons, owners, tenants, or local units of government, the 
80.5 	commissioner may conduct the necessary control measures independently or on a 
80.6 	cooperative basis with federal or other units of government.
80.7 		Subd. 2.New and emerging plant pest programs. The commissioner may make 
80.8 	grants to municipalities or enter into contracts with municipalities, nurseries, colleges, 
80.9 	universities, state or federal agencies in connection with new or emerging plant pests 
80.10 	programs, including research, or any other organization with the legal authority to enter 
80.11 	into contractual agreements.

80.12 	Sec. 3. Minnesota Statutes 2006, section 84D.14, is amended to read:
80.13 	84D.14 EXEMPTIONS.
80.14 	This chapter does not apply to:
80.15 	(1) pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.16
80.16 	18G.14; or 
80.17 	(2) mammals and birds defined by statute as livestock.

80.18 	Sec. 4. Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision to 
80.19 	read:
80.20 		Subd. 27.Community forest. "Community forest" means public and private trees 
80.21 	and associated plants occurring individually, in small groups, or under forest conditions 
80.22 	within a municipality.

80.23 	Sec. 5. Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read:
80.24 		Subdivision 1.Employment of competent foresters; service to private owners.
 80.25 	The commissioner of natural resources may employ competent foresters to furnish owners 
80.26 	of forest lands within the state of Minnesota who own not more than 1,000 acres of forest 
80.27 	land, forest management services consisting of: 
80.28 	(1) advice in management and protection of timber, including written stewardship 
80.29 	and forest management plans; 
80.30 	(2) selection and marking of timber to be cut; 
80.31 	(3) measurement of products; 
80.32 	(4) aid in marketing harvested products;
80.33 	(5) provision of tree-planting equipment; and
81.1 	(6) advice in community forest management; and
81.2 	(7) such other services as the commissioner of natural resources deems necessary 
81.3 	or advisable to promote maximum sustained yield of timber and other benefits upon 
81.4 	such forest lands.

81.5 	Sec. 6. Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read:
81.6 		Subd. 2.Charge for service; receipts to special revenue fund. The commissioner 
81.7 	of natural resources may charge the owner receiving such services such sums as the 
81.8 	commissioner shall determine to be fair and reasonable. The charges must account for 
81.9 	differences in the value of timber and other benefits. The receipts from such services shall 
81.10 	be credited to the special revenue fund and are annually appropriated to the commissioner 
81.11 	for the purposes specified in subdivision 1.

81.12 	Sec. 7. Minnesota Statutes 2006, section 88.82, is amended to read:
81.13 	88.82 MINNESOTA RELEAF PROGRAM.
81.14 	The Minnesota releaf program is established in the Department of Natural Resources 
81.15 	to encourage, promote, and fund the inventory, planting, assessment, maintenance, and
81.16 	improvement, protection, and restoration of trees and forest resources in this state to 
81.17 	enhance community forest ecosystem health and sustainability as well as to reduce 
81.18 	atmospheric carbon dioxide levels and promote energy conservation.

81.19 	Sec. 8. Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read:
81.20 		Subd. 8.Forest resources. "Forest resources" means those natural assets of forest 
81.21 	lands, including timber and other forest crops; biological diversity; recreation; fish and 
81.22 	wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; climate; 
81.23 	and educational, aesthetic, and historic values.

81.24 	Sec. 9. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 
81.25 	to read:
81.26 		Subd. 15.Forest pest. "Forest pest" means any vertebrate or invertebrate animal, 
81.27 	plant pathogen, or plant that is determined by the commissioner to be harmful, injurious, 
81.28 	or destructive to forests or timber.

81.29 	Sec. 10. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 
81.30 	to read:
82.1 		Subd. 16.Shade tree pest. "Shade tree pest" means any vertebrate or invertebrate 
82.2 	animal, plant pathogen, or plant that is determined by the commissioner to be harmful, 
82.3 	injurious, or destructive to shade trees or community forests.

82.4 	Sec. 11. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 
82.5 	to read:
82.6 		Subd. 17.Community forest. "Community forest" has the meaning given under 
82.7 	section 88.01, subdivision 27.

82.8 	Sec. 12. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 
82.9 	to read:
82.10 		Subd. 18.Shade tree. "Shade tree" means a woody perennial grown primarily 
82.11 	for aesthetic or environmental purposes.

82.12 	Sec. 13. Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read:
82.13 		Subdivision 1.Best methods. The commissioner shall ascertain and observe the 
82.14 	best methods of reforesting cutover and denuded lands, foresting waste lands, preventing 
82.15 	destructionminimizing loss or damage of forests and landsforest resources by fire, forest 
82.16 	pests, or shade tree pests, administering forests on forestry principles, encouraging private 
82.17 	owners to preserve and grow trees or timber for commercial or other purposes, and 
82.18 	conserving the forests around the head waters of streams and on the watersheds of the state.

82.19 	Sec. 14. Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read:
82.20 		Subd. 2.General duties. The commissioner shall execute all rules pertaining 
82.21 	to forestry and forest protection within the jurisdiction of the state; have charge of the 
82.22 	work of protecting all forests and lands from fire, forest pests, and shade tree pests; 
82.23 	shall investigate the origin of all forest fires; and prosecute all violators as provided by 
82.24 	law; shall prepare and print for public distribution an abstract of the forest fire laws of 
82.25 	Minnesota, together with such rules as may be formulated.
82.26 	The commissioner shall prepare printed notices calling attention to the dangers from 
82.27 	forest fires and cause them to be posted in conspicuous places.

82.28 	Sec. 15. Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read:
82.29 		Subd. 4.Forest plans. The commissioner shall cooperate with the several 
82.30 	departments of the state and federal governments and with counties, towns, municipalities, 
82.31 	corporations, or individuals in the preparation of plans for forest protection,and 
83.1 	management, and planting or  replacement of trees, in wood lots, and community forests 
83.2 	or on timber tracts, using such influence as time will permit toward the establishment of 
83.3 	scientific forestry principles in the management, protection, and promotion of the forest 
83.4 	resources of the state.

83.5 	Sec. 16. Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read:
83.6 		Subdivision 1.Applicability. For the purposes of sections 89.51 to 89.61 89.64 the 
83.7 	terms described in this section have the meanings ascribed to them. 

83.8 	Sec. 17. Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read:
83.9 		Subd. 6.Infestation. "Infestation," includes actual, potential, incipient, or 
83.10 	emergency emergent infestation or infection by forest pests or shade tree pests.

83.11 	Sec. 18. Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read:
83.12 		Subd. 9.Forest land or forest. "Forest land" or "forest," means land on which 
83.13 	occurs a stand or potential stand of trees valuable for timber products, watershed or 
83.14 	wildlife protection, recreational uses, community forest benefits, or other purposes, and 
83.15 	shall include lands owned or controlled by the state of Minnesota.

83.16 	Sec. 19. Minnesota Statutes 2006, section 89.52, is amended to read:
83.17 	89.52 SURVEYS, INVESTIGATIONS.
83.18 	The commissioner shall make surveys and investigations to determine the presence 
83.19 	of infestations of forest pests or shade tree pests. For this purpose, duly designated 
83.20 	representatives of the commissioner may enter at reasonable times on public and private 
83.21 	lands for the purpose of conducting such to conduct the surveys and investigations.

83.22 	Sec. 20. Minnesota Statutes 2006, section 89.53, is amended to read:
83.23 	89.53 CONTROL OF FOREST PESTS AND SHADE TREE PESTS.
83.24 		Subdivision 1.Commissioner's duties; notice of control measures. Whenever the 
83.25 	commissioner finds that an area in the state is infested or threatened to be infested with 
83.26 	forest pests or shade tree pests, the commissioner shall determine whether measures of 
83.27 	control are needed and are available, what control measures are to be applied, and the area 
83.28 	over which the control measures shall be applied. The commissioner shall prescribe 
83.29 	a proposed zone of infestation covering the area in which control measures are to be 
83.30 	applied and shall publish notice of the proposal once a week, for two successive weeks 
83.31 	in a newspaper having a general circulation in each county located in whole or in part 
84.1 	in the proposed zone of infestation. Prescribing zones of infestation isand prescribing 
84.2 	measures of control are exempt from the rulemaking provisions of chapter 14 and section 
84.3 	14.386 does not apply. 
84.4 		Subd. 2.Notice requirements; public comment. The notice shall include a 
84.5 	description of the boundaries of the proposed zone of infestation, the control measures 
84.6 	to be applied, and a time and place where municipalities and owners of forest lands or 
84.7 	shade trees in the zone may show cause orally or in writing why the zone and control 
84.8 	measures should or should not be established. The commissioner shall consider any 
84.9 	statements received in determining whether the zone shall be established and the control 
84.10 	measures applied.
84.11 		Subd. 3.Experimental programs. The commissioner may establish experimental 
84.12 	programs for the control of forest pests or shade tree pests and for municipal reforestation.

84.13 	Sec. 21. Minnesota Statutes 2006, section 89.54, is amended to read:
84.14 	89.54 ZONES OF INFESTATION, ESTABLISHMENT.
84.15 	Upon the decision by the commissioner that the establishment of a zone of 
84.16 	infestation is necessary, the commissioner shall make a written order establishing said
84.17 	the  zone, and upon making said the order, said the zone shall be established. Notice of the 
84.18 	establishment of the zone shall thereupon be published in a newspaper having a general 
84.19 	circulation in each county located in whole or in part in the proposed zone and posted on 
84.20 	the Department of Natural Resources Web site.

84.21 	Sec. 22. Minnesota Statutes 2006, section 89.55, is amended to read:
84.22 	89.55 INFESTATION CONTROL, COSTS.
84.23 	Upon the establishment of the zone of infestation, the commissioner may apply 
84.24 	measures of infestation prevention and control on public and private forest and other lands 
84.25 	within such the zone and to any trees, timber, plants or shrubs thereon, wood or wood 
84.26 	products, or contaminated soil  harboring or which may harbor the forest pests or shade 
84.27 	tree pests. For this purpose, the duly authorized representatives of the commissioner 
84.28 	are authorized to enter upon any lands, public or private within such the zone. The 
84.29 	commissioner may enter into agreements with owners of the lands in the zone covering 
84.30 	the control work on their lands, and fixing the pro rata basis on which the cost of such the
84.31 	work will be shared between the commissioner and said the owner.

84.32 	Sec. 23. Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read:
85.1 		Subdivision 1.Statement of expenses; cost to owners. At the end of each fiscal 
85.2 	year and upon completion of the infestation control measures in any zone of infestation, 
85.3 	the commissioner shall prepare a certified statement of expenses incurred in carrying 
85.4 	out such the measures, including expenses of owners covered by agreements entered 
85.5 	into pursuant to section 89.55. The statement shall show the amount which that the 
85.6 	commissioner determines to be its the commissioner's share of the expenses. The share of 
85.7 	the commissioner may include funds and the value of other contributions made available 
85.8 	by the federal government and other cooperators. The balance of such the costs shall 
85.9 	constitute a charge on an acreage basis as provided herein against the owners of lands in 
85.10 	the zone containing trees valuable or potentially valuable for commercial timber purposes 
85.11 	and affected or likely to be affected by the forest pests or shade tree pests for which control 
85.12 	measures were conducted. In fixing the rates at which charges shall be made against each 
85.13 	owner, the commissioner shall consider the present commercial value of the trees on the 
85.14 	land, the present and potential benefits to such the owner from the application of the 
85.15 	control measures, and the cost of applying such the measures to the land, and such other 
85.16 	factors as in the discretion of the commissioner will enable determination of an equitable 
85.17 	distribution of the cost to all such owners. No charge shall be made against owners to the 
85.18 	extent that they have individually or as members of a cooperative association contributed 
85.19 	funds, supplies, or services pursuant to agreement under this section. 

85.20 	Sec. 24. Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read:
85.21 		Subd. 3.Collection. The unpaid charges assessed under sections 89.51 to 89.61
85.22 	89.64 and the actions of the commissioner on any protests filed pursuant to subdivision 2, 
85.23 	shall be reported to the tax levying authority for the county in which the lands for which 
85.24 	the charges are assessed are situated and shall be made a public record. Any charges 
85.25 	finally determined to be due shall become a special assessment and shall be payable 
85.26 	in the same manner and with the same interest and penalty charges and with the same 
85.27 	procedure for collection as apply to ad valorem property taxes. Upon collection of the 
85.28 	charges, the county treasurer shall forthwith cause the amounts thereof to be paid to the 
85.29 	forest pest and shade tree pest control fund account created by section 89.58. Any unpaid 
85.30 	charge or lien against the lands shall not be affected by the sale thereof or by dissolution 
85.31 	of the zone of infestation. 

85.32 	Sec. 25. Minnesota Statutes 2006, section 89.57, is amended to read:
85.33 	89.57 DISSOLUTION OF ZONE INFESTATION.
86.1 	Whenever the commissioner shall determine that forest pest or shade tree pest 
86.2 	control work within an established zone of infestation is no longer necessary or feasible, 
86.3 	the commissioner shall dissolve the zone.

86.4 	Sec. 26. Minnesota Statutes 2006, section 89.58, is amended to read:
86.5 	89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.
86.6 	All money collected under the provisions of sections 89.51 to89.61 89.64, together 
86.7 	with such money as may be appropriated by the legislature or allocated by the Legislative 
86.8 	Advisory Commission for the purposes of sections 89.51 to 89.61 89.64, and such money 
86.9 	as may be contributed or paid by the federal government, or any other public or private 
86.10 	agency, organization or individual, shall be deposited in the state treasury, to the credit 
86.11 	of the forest pest and shade tree pest control account, which account is hereby created, 
86.12 	and any moneys therein are appropriated to the commissioner for use in carrying out the 
86.13 	purposes hereof of sections 89.51 to 89.64. 

86.14 	Sec. 27. Minnesota Statutes 2006, section 89.59, is amended to read:
86.15 	89.59 COOPERATION.
86.16 	The commissioner may cooperate with the United States or agencies thereof, other 
86.17 	agencies of the state, county or municipal governments, agencies of neighboring states, or 
86.18 	other public or private organizations or individuals and may accept such funds, equipment, 
86.19 	supplies, or services from cooperators and others as itthe commissioner may provide in 
86.20 	agreements with the United States or its agencies for matching of federal funds as required 
86.21 	under laws of the United States relating to forest pests and shade tree pests.

86.22 	Sec. 28. Minnesota Statutes 2006, section 89.60, is amended to read:
86.23 	89.60 DUTIES, RULES; COMMISSIONER.
86.24 	The commissioner is authorized to employ personnel in accordance with the laws of 
86.25 	this state, to procure necessary equipment, supplies, and service, to enter into contracts, to 
86.26 	provide funds to any agency of the United States for work or services under sections 89.51
86.27 	to 89.61 89.64, and to designate or appoint, as its the commissioner's representatives, 
86.28 	employees of its cooperators, including employees of the United States or any agency 
86.29 	thereof. The commissioner may prescribe rules for carrying out the purposes hereof
86.30 	of this section. 

87.1 	Sec. 29. Minnesota Statutes 2006, section 89.61, is amended to read:
87.2 	89.61 ACT SUPPLEMENTAL.
87.3 	Provisions of sections 89.51 to 89.61 89.64 are supplementary to and not to be 
87.4 	construed to repeal existing legislation. 

87.5 	Sec. 30. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
87.6 		Subdivision 1.Grants. The commissioner may make grants to aid in the control of 
87.7 	a shade tree pest. To be eligible, a grantee must have a pest control program approved 
87.8 	by the commissioner that:
87.9 	(1) defines tree ownership and who is responsible for the costs associated with 
87.10 	control measures;
87.11 	(2) defines the zone of infestation within which the control measures are to be 
87.12 	applied;
87.13 	(3) includes a tree inspector certified under section 89.63 and having the authority to 
87.14 	enter and inspect private lands;
87.15 	(4) has the means to enforce measures needed to limit the spread of shade tree 
87.16 	pests; and
87.17 	(5) provides that grant money received will be deposited in a separate fund to be 
87.18 	spent only for the purposes authorized by this section.
87.19 		Subd. 2.Grant eligibility. The following are eligible for grants under this section:
87.20 	(1) a home rule charter or statutory city or a town that exercises municipal powers 
87.21 	under section 368.01 or any general or special law; 
87.22 	(2) a special park district organized under chapter 398; 
87.23 	(3) a special-purpose park and recreation board; 
87.24 	(4) a soil and water conservation district; 
87.25 	(5) a county; or
87.26 	(6) any other organization with the legal authority to enter into contractual 
87.27 	agreements.
87.28 		Subd. 3.Rules; applicability to municipalities. The rules and procedures adopted 
87.29 	under this chapter by the commissioner apply in a municipality unless the municipality 
87.30 	adopts an ordinance determined by the commissioner to be more stringent than the rules 
87.31 	and procedures of the commissioner. The rules and procedures of the commissioner or 
87.32 	the municipality apply to all state agencies, special purpose districts, and metropolitan 
87.33 	commissions as defined in section 473.121, subdivision 5a, that own or control land 
87.34 	adjacent to or within a zone of infestation.

88.1 	Sec. 31. [89.63] CERTIFICATION OF TREE INSPECTORS.
88.2 	(a) The governing body of a municipality may appoint a qualified tree inspector. 
88.3 	Two or more municipalities may jointly appoint a tree inspector for the purpose of 
88.4 	administering their respective pest control programs.
88.5 	(b) Upon a determination by the commissioner that a candidate for the position 
88.6 	of tree inspector is qualified, the commissioner shall issue a certificate of qualification 
88.7 	to the tree inspector. The certificate is valid for one year. A person certified as a tree 
88.8 	inspector by the commissioner may enter and inspect any public or private property that 
88.9 	might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree 
88.10 	inspector certification workshop, upon completion of which participants are qualified 
88.11 	as tree inspectors.
88.12 	(c) The commissioner may suspend and, upon notice and hearing, decertify a 
88.13 	tree inspector if the tree inspector fails to act competently or in the public interest in 
88.14 	the performance of duties.

88.15 	Sec. 32. [89.64] EXEMPTIONS.
88.16 	This chapter does not supersede the authority of the Department of Agriculture 
88.17 	under chapter 18G.

88.18 	Sec. 33. Minnesota Statutes 2006, section 97A.205, is amended to read:
88.19 	97A.205 ENFORCEMENT OFFICER POWERS.
88.20 	An enforcement officer is authorized to:
88.21 	(1) execute and serve court issued warrants and processes relating to wild animals, 
88.22 	wild rice, public waters, water pollution, conservation, and use of water, in the same 
88.23 	manner as a sheriff;
88.24 	(2) enter any land to carry out the duties and functions of the division;
88.25 	(3) make investigations of violations of the game and fish laws;
88.26 	(4) take an affidavit, if it aids an investigation;
88.27 	(5) arrest, without a warrant, a person who is detected in the actual violation of the 
88.28 	game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 
88.29 	103F, 103G, sections 86B.001 to 86B.815, 89.51 to 89.61 89.64; or 609.66, subdivision 1, 
88.30 	clauses (1), (2), (5), and (7); and 609.68; and 
88.31 	(6) take an arrested person before a court in the county where the offense was 
88.32 	committed and make a complaint.
88.33 	Nothing in this section grants an enforcement officer any greater powers than other 
88.34 	licensed peace officers.

89.1 	Sec. 34.  REPEALER.
 89.2 	Minnesota Statutes 2006, sections 18G.16; and 89.51, subdivision 8, are repealed.

89.3 	ARTICLE 8
89.4 	DRAINAGE

89.5 	Section 1. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to 
89.6 	read:
89.7 		Subdivision 1.Spoil banks must be spread and grass planted permanent 
89.8 	vegetation established. In any proceeding to establish, construct, improve, or do any 
89.9 	work affecting a public drainage system under any law that appoints viewers to assess 
89.10 	benefits and damages, the authority having jurisdiction over the proceeding shall order 
89.11 	spoil banks to be spread consistent with the plan and function of the drainage system. The 
89.12 	authority shall order that permanent grass, other than a noxious weed, be planted on 
89.13 	the banks ditch side slopes and on a strip that a permanent strip of perennial vegetation 
89.14 	approved by the drainage authority be established on each side of the ditch. The approved 
89.15 	perennial vegetation shall not impede future maintenance of the ditch. The permanent 
89.16 	strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the 
89.17 	top edge of the constructed channel resulting from the proceeding, or to the crown of 
89.18 	the leveled spoil bank, whichever is the greater, on each side of the top edge of the 
89.19 	channel of the ditch. except for an action by a drainage authority that results only in a 
89.20 	redetermination of benefits and damages, for which the required width shall be 16-1/2 
89.21 	feet. Drainage system rights-of-way for the acreage and additional property required for 
89.22 	the planting permanent strips must be acquired by the authority having jurisdiction.

89.23 	Sec. 2. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
89.24 		Subd. 2.Reseeding and harvesting grass perennial vegetation. The authority 
89.25 	having jurisdiction over the repair and maintenance of the drainage system shall supervise 
89.26 	all necessary reseeding. The permanent grass strips of perennial vegetation must be 
89.27 	maintained in the same manner as other drainage system repairs. Harvest of the grass
89.28 	vegetation from the grass permanent strip in a manner not harmful to the grass vegetation
89.29 	or the drainage system is the privilege of the fee owner or assigns. The county drainage 
89.30 	inspector shall establish rules for the fee owner and assigns to harvest the grass vegetation.

89.31 	Sec. 3. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
90.1 		Subd. 3.Agricultural practices prohibited. Agricultural practices, other than 
90.2 	those required for the maintenance of a permanent growth of grass perennial vegetation, 
90.3 	are not permitted on any portion of the property acquired for planting perennial vegetation.

90.4 	Sec. 4. Minnesota Statutes 2006, section 103E.021, is amended by adding a subdivision 
90.5 	to read:
90.6 		Subd. 6.Incremental implementation of vegetated ditch buffer strips and side 
90.7 	inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment 
90.8 	of viewers and redetermination of benefits and damages, a drainage authority may 
90.9 	implement permanent buffer strips of perennial vegetation approved by the drainage 
90.10 	authority or side inlet controls, or both, adjacent to a public drainage ditch, where 
90.11 	necessary, to control erosion and sedimentation, improve water quality, or maintain the 
90.12 	efficiency of the drainage system. The approved perennial vegetation shall not impede 
90.13 	future maintenance of the ditch. The permanent strips of perennial vegetation shall be 
90.14 	16-1/2 feet in width measured outward from the top edge of the existing constructed 
90.15 	channel. Drainage system rights-of-way for the acreage and additional property required 
90.16 	for the permanent strips must be acquired by the authority having jurisdiction.
90.17 	(b) A project under this subdivision shall be implemented as a repair according to 
90.18 	section 103E.705, except that the drainage authority may appoint an engineer to examine 
90.19 	the drainage system and prepare an engineer's repair report for the project.
90.20 	(c) Damages shall be determined by the drainage authority, or viewers, appointed by 
90.21 	the drainage authority, according to section 103E.315, subdivision 8. A damages statement 
90.22 	shall be prepared, including an explanation of how the damages were determined for each 
90.23 	property affected by the project, and filed with the auditor or watershed district. Within 30 
90.24 	days after the damages statement is filed, the auditor or watershed district shall prepare 
90.25 	property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), 
90.26 	(6), (7), and (8), and mail a copy of the property owner's report and damages statement to 
90.27 	each owner of property affected by the proposed project.
90.28 	(d) After a damages statement is filed, the drainage authority shall set a time, by 
90.29 	order, not more than 30 days after the date of the order, for a hearing on the project. At 
90.30 	least ten days before the hearing, the auditor or watershed district shall give notice by mail 
90.31 	of the time and location of the hearing to the owners of property and political subdivisions 
90.32 	likely to be affected by the project.
90.33 	(e) The drainage authority shall make findings and order the repairs to be made if 
90.34 	the drainage authority determines from the evidence presented at the hearing and by the 
91.1 	viewers and engineer, if appointed, that the repairs are necessary for the drainage system 
91.2 	and the costs of the repairs are within the limitations of section 103E.705.

91.3 	Sec. 5. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
91.4 	The drainage authority shall annually submit a report to the Board of Water and Soil 
91.5 	Resources for the calendar year, including:
91.6 	(1) the number and types of actions for which viewers were appointed;
91.7 	(2) the number of miles of buffer strips established according to section 103E.021;
91.8 	(3) the number of drainage system inspections conducted; and
91.9 	(4) the number of violations of section 103E.021 identified and enforcement actions 
91.10 	taken.

91.11 	Sec. 6. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
91.12 		Subd. 8.Extent of damages. Damages to be paid may include:
91.13 	(1) the fair market value of the property required for the channel of an open ditch 
91.14 	and the permanent grass strip of perennial vegetation under section 103E.021; 
91.15 	(2) the diminished value of a farm due to severing a field by an open ditch;
91.16 	(3) loss of crop production during drainage project construction; and
91.17 	(4) the diminished productivity or land value from increased overflow; and
91.18 	(5) costs to restore a perennial vegetative cover or structural practice existing 
91.19 	under a federal or state conservation program adjacent to the permanent drainage system 
91.20 	right-of-way and damaged by the drainage project.

91.21 	Sec. 7. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
91.22 		Subdivision 1.Requirements. The viewers' report must show, in tabular form, 
91.23 	for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that 
91.24 	is benefited or damaged:
91.25 	(1) a description of the lot or tract, under separate ownership, that is benefited or 
91.26 	damaged;
91.27 	(2) the names of the owners as they appear on the current tax records of the county 
91.28 	and their addresses;
91.29 	(3) the number of acres in each tract or lot;
91.30 	(4) the number and value of acres added to a tract or lot by the proposed drainage of 
91.31 	public waters;
91.32 	(5) the damage, if any, to riparian rights;
92.1 	(6) the damages paid for the permanent grass strip of perennial vegetation under 
92.2 	section 103E.021; 
92.3 	(7) the total number and value of acres added to a tract or lot by the proposed 
92.4 	drainage of public waters, wetlands, and other areas not currently being cultivated;
92.5 	(8) the number of acres and amount of benefits being assessed for drainage of areas 
92.6 	which before the drainage benefits could be realized would require a public waters work 
92.7 	permit to work in public waters under section 103G.245 to excavate or fill a navigable 
92.8 	water body under United States Code, title 33, section 403, or a permit to discharge into 
92.9 	waters of the United States under United States Code, title 33, section 1344; 
92.10 	(9) the number of acres and amount of benefits being assessed for drainage of areas 
92.11 	that would be considered conversion of a wetland under United States Code, title 16, 
92.12 	section 3821, if the area was placed in agricultural production;
92.13 	(10) the amount of right-of-way acreage required; and
92.14 	(11) the amount that each tract or lot will be benefited or damaged.

92.15 	Sec. 8. Minnesota Statutes 2006, section 103E.701, is amended by adding a subdivision 
92.16 	to read:
92.17 		Subd. 7.Restoration; disturbance or destruction by repair. If a drainage system 
92.18 	repair disturbs or destroys a perennial vegetative cover or structural practice existing 
92.19 	under a federal or state conservation program adjacent to the permanent drainage system 
92.20 	right-of-way, the practice must be restored according to the applicable practice plan or 
92.21 	as determined by the drainage authority, if a practice plan is not available. Restoration 
92.22 	costs shall be paid by the drainage system.

92.23 	Sec. 9. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
92.24 		Subdivision 1.Inspection. After the construction of a drainage system has been 
92.25 	completed, the drainage authority shall maintain the drainage system that is located in its 
92.26 	jurisdiction, including grass the permanent strips of perennial vegetation under section 
92.27 	103E.021, and provide the repairs necessary to make the drainage system efficient. The 
92.28 	drainage authority shall have the drainage system inspected on a regular basis by an 
92.29 	inspection committee of the drainage authority or a drainage inspector appointed by the 
92.30 	drainage authority. Open drainage ditches shall be inspected at a minimum of every five 
92.31 	years when no violation of section 103E.021 is found and annually when a violation of 
92.32 	section 103E.021 is found, until one year after the violation is corrected.

92.33 	Sec. 10. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
93.1 		Subd. 2.Grass Permanent strip of perennial vegetation inspection and 
93.2 	compliance notice. (a) The drainage authority having jurisdiction over a drainage system 
93.3 	must inspect the drainage system for violations of section 103E.021. If an inspection 
93.4 	committee of the drainage authority or a drainage inspector determines that permanent 
93.5 	grass strips of perennial vegetation are not being maintained in compliance with section 
93.6 	103E.021, a compliance notice must be sent to the property owner. 
93.7 	(b) The notice must state:
93.8 	(1) the date the ditch was inspected;
93.9 	(2) the persons making the inspection;
93.10 	(3) that spoil banks are to be spread in a manner consistent with the plan and function 
93.11 	of the drainage system and that the drainage system has acquired a grass permanent strip 
93.12 	16-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial 
93.13 	vegetation, according to section 103E.021;
93.14 	(4) the violations of section 103E.021; 
93.15 	(5) the measures that must be taken by the property owner to comply with section 
93.16 	103E.021 and the date when the property must be in compliance; and 
93.17 	(6) that if the property owner does not comply by the date specified, the drainage 
93.18 	authority will perform the work necessary to bring the area into compliance with section 
93.19 	103E.021 and charge the cost of the work to the property owner. 
93.20 	(c) If a property owner does not bring an area into compliance with section 103E.021
93.21 	as provided in the compliance notice, the inspection committee or drainage inspector 
93.22 	must notify the drainage authority. 
93.23 	(d) This subdivision applies to property acquired under section 103E.021. 

93.24 	Sec. 11. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
93.25 		Subd. 3.Drainage inspection report. For each drainage system that the board 
93.26 	designates and requires the drainage inspector to examine, the drainage inspector shall 
93.27 	make a drainage inspection report in writing to the board after examining a drainage 
93.28 	system, designating portions that need repair or maintenance of grass the permanent
93.29 	strips of perennial vegetation and the location and nature of the repair or maintenance. 
93.30 	The board shall consider the drainage inspection report at its next meeting and may repair 
93.31 	all or any part of the drainage system as provided under this chapter. The grass permanent
93.32 	strips of perennial vegetation must be maintained in compliance with section 103E.021. 

93.33 	Sec. 12. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
94.1 		Subd. 2.Additional assessment for agricultural practices on grass permanent
94.2 	strip of perennial vegetation. (a) The drainage authority may, after notice and hearing, 
94.3 	charge an additional assessment on property that has agricultural practices on or otherwise 
94.4 	violates provisions related to the permanent grass strip of perennial vegetation acquired 
94.5 	under section 103E.021. 
94.6 	(b) The drainage authority may determine the cost of the repair per mile of open 
94.7 	ditch on the ditch system. Property that is in violation of the grass requirement shall be 
94.8 	assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length 
94.9 	of open ditch in miles on the property in violation.
94.10 	(c) After the amount of the additional assessment is determined and applied to the 
94.11 	repair cost, the balance of the repair cost may be apportioned pro rata as provided in 
94.12 	subdivision 1.