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; providing certain environmental and travel programs; 
1.4 	modifying water supply plan requirements; modifying state park permit 
1.5 	provisions; requiring and authorizing the initiation of rulemaking for aquatic plant 
1.6 	management permits and shoreland standards; modifying restrictions related to 
1.7 	off-highway vehicle use; providing for state forest traditional areas; restricting the 
1.8 	licensing of certain public water for minnows; modifying the definition of a game 
1.9 	bird; designating a state wildlife management area; modifying provisions for 
1.10 	taking animals causing damage; changing the license year for fishing, fish house, 
1.11 	and dark house licenses; modifying certain wild animal possession and taking 
1.12 	restrictions; providing for an apprentice hunter validation; exempting persons 
1.13 	with military training from the range and shooting exercise portion of the required 
1.14 	course for a firearm safety certificate; removing ban on smokeless gunpowder in 
1.15 	muzzleloaders; providing for the minimum draw weight for bows used to take 
1.16 	big game; allowing remote-controlled animal noise callers to take unprotected 
1.17 	wild animals; authorizing the commissioner of natural resources to issue special 
1.18 	permits for taking bear for certain purposes; modifying certain angling seasons; 
1.19 	modifying Lake Superior commercial fishing provisions; providing criminal and 
1.20 	civil penalties; providing for a walk-in public access plan for certain outdoor 
1.21 	recreation; modifying land owners' bill of rights; requiring approved firewood 
1.22 	on land administered by the commissioner of natural resources; modifying 
1.23 	recordation requirements for mineral interests; increasing payments in lieu of 
1.24 	taxes for certain lands; adding to and deleting from state parks, state trails, and 
1.25 	state recreation areas; authorizing public and private sales and conveyances 
1.26 	of certain state lands; authorizing a 20-year lease of certain tax-forfeited land; 
1.27 	exempting certain exchanged land from the tax-forfeited land assurance fee; 
1.28 	providing for temporary suspension of apportionment of certain net proceeds in 
1.29 	Lake County; modifying agency service requirements; modifying provisions for 
1.30 	wetland conservation; requiring rulemaking; restricting outdoor light pollution; 
1.31 	modifying exemptions to noise standards; restricting the use of phosphorus in 
1.32 	household dishwasher detergent; modifying licensing requirements for design, 
1.33 	installation, maintenance, inspection, or operation of individual sewage treatment 
1.34 	systems; extending the prohibition on new open air swine basins; prohibiting 
1.35 	the sale of certain mercury-containing products; modifying restrictions on the 
1.36 	sale, use, and disposal of certain mercury-containing products; requiring certain 
1.37 	consumer information; modifying lamp recycling facility operation requirements;  
1.38 	delaying phosphorus reduction requirements on wastewater treatment facilities; 
1.39 	requiring reports; providing for community forest management; providing 
2.1 	for control of forest and shade tree pests; modifying requirements for ditch 
2.2 	buffers; requiring annual drainage authority reports; modifying drainage repair 
2.3 	and inspection requirements; appropriating money;amending Minnesota 
2.4 	Statutes 2006, sections 15.99, subdivision 3; 17.4984, subdivision 1; 18G.03, 
2.5 	by adding a subdivision; 18G.11; 84.0272, subdivision 3; 84.0274, subdivision 
2.6 	5; 84.777; 84.9256, subdivision 2, by adding a subdivision; 84.9257; 84.926, 
2.7 	by adding a subdivision; 84.928, subdivision 1; 84D.14; 85.013, by adding a 
2.8 	subdivision; 85.015, subdivision 22; 85.053, subdivisions 2, 8; 85.054, by adding 
2.9 	a subdivision; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82; 
2.10 	89.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.51, 
2.11 	subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3; 89.57; 
2.12 	89.58; 89.59; 89.60; 89.61; 93.55, subdivision 1; 97A.015, subdivision 24, by 
2.13 	adding a subdivision; 97A.133, by adding a subdivision; 97A.205; 97A.401, 
2.14 	subdivision 5; 97A.405, subdivisions 2, 4; 97A.411, subdivision 1; 97A.421, by 
2.15 	adding a subdivision; 97A.451, subdivision 3; 97A.475, subdivision 2; 97A.505, 
2.16 	subdivision 4; 97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.035, 
2.17 	by adding a subdivision; 97B.075; 97B.085, subdivision 3; 97B.301, subdivision 
2.18 	7; 97B.311; 97B.405; 97B.928, subdivision 1; 97C.325; 97C.355, subdivision 8; 
2.19 	97C.395, subdivision 1; 97C.835, subdivisions 1, 3, 8; 103E.021, subdivisions 1, 
2.20 	2, 3, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1; 
2.21 	103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728, 
2.22 	subdivision 2; 103F.205, subdivision 1; 103G.222, subdivision 3; 103G.2241, 
2.23 	subdivisions 3, 4, 6, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, 
2.24 	subdivision 2; 103G.291, subdivision 3; 103G.311, subdivision 2; 115.072; 
2.25 	115.56, subdivision 2; 115A.932, subdivision 1; 115B.17, subdivision 15; 
2.26 	116.07, subdivision 2a; 116.0714; 116.23; 116.92, subdivisions 3, 7a, by adding 
2.27 	subdivisions; 116.93, subdivision 2; 169A.35, subdivision 1; 219.99; 473.1565, 
2.28 	subdivision 1; 473.859, subdivision 3; Laws 2003, chapter 128, article 1, section 
2.29 	167, subdivision 1, as amended; Laws 2006, chapter 236, article 1, section 21; 
2.30 	Laws 2006, chapter 251, section 16; proposing coding for new law in Minnesota 
2.31 	Statutes, chapters 16B; 84; 85; 89; 97B; 97C; 103E; 103F; 116; 121A; proposing 
2.32 	coding for new law as Minnesota Statutes, chapter 114E; repealing Minnesota 
2.33 	Statutes 2006, sections 18G.16; 84.928, subdivision 8; 85.012, subdivision 24b; 
2.34 	89.51, subdivision 8; 97A.475, subdivision 38; 97C.365; 103G.2241, subdivision 
2.35 	8; Laws 2006, chapter 236, article 1, section 2.
2.36 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.37 	ARTICLE 1
2.38 	NATURAL RESOURCES MISCELLANEOUS AND TECHNICAL

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

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

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

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

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

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

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

5.35 	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. [114E.01] SHORT TITLE.
7.15 	This chapter may be cited as the Uniform Environmental Covenants Act.

7.16 	Sec. 11. [114E.05] DEFINITIONS.
7.17 		Subdivision 1.Scope. For the purposes of this chapter, the definitions in this section 
7.18 	have the meanings given.
7.19 		Subd. 2.Activity and use limitations. "Activity and use limitations" means 
7.20 	restrictions or obligations with respect to real property that are associated with an 
7.21 	environmental response project.
7.22 		Subd. 3.Common interest community. "Common interest community" means a 
7.23 	common interest community as defined in chapter 515B.
7.24 		Subd. 4.Environmental agency. "Environmental agency" means the Pollution 
7.25 	Control Agency, Agriculture Department, or another state or federal agency that 
7.26 	determines or approves the environmental response project pursuant to which the 
7.27 	environmental covenant is created.
7.28 		Subd. 5.Environmental covenant. "Environmental covenant" means a servitude 
7.29 	created under this chapter that imposes activity and use limitations.
7.30 		Subd. 6.Environmental response project. "Environmental response project" 
7.31 	means a plan or work performed to clean up, eliminate, investigate, minimize, mitigate, or 
7.32 	prevent the release or threatened release of contaminants affecting real property in order to 
7.33 	protect public health or welfare or the environment, including: 
8.1 	(1) response or corrective actions under federal or state law, including chapters 115B, 
8.2 	115C, 115E, and 116, and the Comprehensive Environmental Response, Compensation 
8.3 	and Liability Act, United States Code, title 44, section 9601, et seq.;
8.4 	(2) corrective actions or response to agricultural chemical incidents under chapters 
8.5 	18B, 18C, 18D, and 18E; and
8.6 	(3) closure, contingency, or corrective actions required under rules or regulations 
8.7 	applicable to waste treatment, storage, or disposal facilities or to aboveground or 
8.8 	belowground tanks.
8.9 		Subd. 7.Holder. "Holder" means any person identified as a holder of an 
8.10 	environmental covenant as specified in section 114E.10, paragraph (a).
8.11 		Subd. 8.Person. "Person" means an individual, corporation, business trust, estate, 
8.12 	trust, partnership, limited liability company, association, joint venture, public corporation, 
8.13 	political subdivision or special purpose unit of government, agency, or instrumentality of 
8.14 	the state or federal government, or any other legal or commercial entity.
8.15 		Subd. 9.Record. "Record," used as a noun, means information that is inscribed on 
8.16 	a tangible medium or that is stored in an electronic or other medium and is retrievable 
8.17 	in perceivable form. 
8.18 		Subd. 10.Recorded. "Recorded" means recorded with the county recorder or 
8.19 	registrar of title, as applicable, in each county where the real property is located.
8.20 		Subd. 11.State. "State" means a state of the United States, the District of Columbia, 
8.21 	Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject 
8.22 	to the jurisdiction of the United States.

8.23 	Sec. 12. [114E.10] NATURE OF RIGHTS; ROLE OF ENVIRONMENTAL 
8.24 	AGENCY; SUBORDINATION OF INTERESTS.
8.25 	(a) Any person, including a person that owns an interest in the real property subject to 
8.26 	the environmental convenant, the environmental agency, or any other political subdivision 
8.27 	or unit of local government, may be a holder.  An environmental covenant may identify 
8.28 	more than one holder.  The interest of a holder is an interest in real property. The holder is 
8.29 	the grantee of the real property interest conveyed under an environmental covenant.
8.30 	(b) Unless an environmental agency is a holder, any right that the agency may have 
8.31 	with respect to an environmental covenant does not constitute an interest in real property. 
8.32 	Approval of an environmental covenant does not make the environmental agency a holder 
8.33 	unless it has authority under law other than this chapter to acquire an interest in real 
8.34 	property for purposes related to an environmental response project and it is expressly 
8.35 	identified as a holder in the environmental covenant. 
9.1 	(c) An environmental agency is bound by any obligation it assumes in an 
9.2 	environmental covenant, but an environmental agency does not assume obligations merely 
9.3 	by signing an environmental covenant. As provided in section 114E.15, an environmental 
9.4 	covenant is not valid unless signed by the environmental agency and the environmental 
9.5 	agency may set reasonable conditions for its approval of an environmental covenant. 
9.6 	When the environmental agency is a federal agency, the covenant must also be approved 
9.7 	and signed by the state environmental agency that has authority under state law to address 
9.8 	the release or threatened release involved in the environmental response project. Any 
9.9 	other person that signs an environmental covenant is bound by the obligations the person 
9.10 	expressly assumes in the covenant, but signing the covenant does not change obligations, 
9.11 	rights, or protections granted or imposed under law other than this chapter except as 
9.12 	provided in the covenant.
9.13 	(d) The following rules apply to interests in real property in existence at the time an 
9.14 	environmental covenant is created or amended:
9.15 	(1) an interest that has priority under other law is not affected by an environmental 
9.16 	covenant unless the person that owns the interest subordinates that interest to the covenant;
9.17 	(2) this chapter does not require a person that owns a prior interest to subordinate 
9.18 	that interest to an environmental covenant or to agree to be bound by the covenant;
9.19 	(3) a subordination agreement may be contained in an environmental covenant or 
9.20 	in a separate record that is recorded.  If the environmental covenant covers commonly 
9.21 	owned property in a common interest community, the environmental covenant or the 
9.22 	subordination agreement may be signed by any person authorized by the governing board 
9.23 	of the owners' association; and 
9.24 	(4) an agreement by a person to subordinate a prior interest to an environmental 
9.25 	covenant affects the priority of that person's interest but does not by itself impose any 
9.26 	affirmative obligation on the person with respect to the environmental covenant.

9.27 	Sec. 13. [114E.15] CONTENTS OF ENVIRONMENTAL COVENANT.
9.28 	(a) An environmental covenant must:
9.29 	(1) state on its first page that the instrument is an environmental covenant executed 
9.30 	pursuant to this chapter;
9.31 	(2) contain a legally sufficient description of the real property subject to the covenant;
9.32 	(3) describe the activity and use limitations on the real property;
9.33 	(4) identify every holder;
9.34 	(5) be signed and acknowledged by the environmental agency, every holder, and 
9.35 	every owner of the fee simple title to the real property subject to the covenant; and 
10.1 	(6) identify the name and location of any administrative record for the environmental 
10.2 	response project reflected in the environmental covenant.
10.3 	(b) In addition to the information required by paragraph (a), an environmental 
10.4 	covenant may contain other information, restrictions, and requirements agreed to by 
10.5 	the persons who signed it, including any:
10.6 	(1) requirements for notice of any transfer of a specified interest in, or concerning 
10.7 	proposed changes in use of, applications for building permits for, or proposals for any 
10.8 	site work affecting the contamination or the environmental response project on, the real 
10.9 	property subject to the covenant;
10.10 	(2) requirements for periodic reporting describing compliance with the covenant;
10.11 	(3) rights of access to the real property granted in connection with implementation 
10.12 	or enforcement of the covenant;
10.13 	(4) a brief narrative description of the contamination and environmental response 
10.14 	project, including the contaminants of concern, the pathways of exposure, limits on 
10.15 	exposure, and the location and extent of the contamination;
10.16 	(5) limitation on amendment or termination of the covenant in addition to those 
10.17 	contained in sections 114E.40 and 114E.45;
10.18 	(6) rights of the holder in addition to its right to enforce the covenant pursuant 
10.19 	to section 114E.50; and
10.20 	(7) waiver of a party's right to consent to the amendment or termination of a 
10.21 	covenant under section 114E.45, paragraph (a), clause (3).
10.22 	(c) The environmental agency may set reasonable conditions for its approval of an 
10.23 	environmental covenant, including:
10.24 	(1) requiring that persons specified by the agency that have interests in the real 
10.25 	property also sign the covenant;
10.26 	(2) requiring that a person who holds a prior interest in the real property subject to 
10.27 	the covenant agree to subordinate that interest where applicable; and
10.28 	(3) requiring the inclusion within the text of the covenant information, restrictions, 
10.29 	or requirements as described in paragraph (b).

10.30 	Sec. 14. [114E.20] VALIDITY; EFFECT ON OTHER INSTRUMENTS.
10.31 	(a) An environmental covenant created under this chapter runs with the land.
10.32 	(b) An environmental covenant that is otherwise effective is valid and enforceable 
10.33 	even if:
10.34 	(1) it is not appurtenant to an interest in real property;
10.35 	(2) it can be or has been assigned to a person other than the original holder;
11.1 	(3) it is not of a character that has been recognized traditionally at common law;
11.2 	(4) it imposes a negative burden;
11.3 	(5) it imposes an affirmative obligation on a person having an interest in the real 
11.4 	property or on the holder;
11.5 	(6) the benefit or burden does not touch or concern real property;
11.6 	(7) there is no privity of estate or contract;
11.7 	(8) the holder dies, ceases to exist, resigns, or is replaced; or 
11.8 	(9) the owner of an interest in the real property subject to the environmental 
11.9 	covenant and the holder are the same person.
11.10 	(c) Any instrument that imposes activity and use limitations, including any 
11.11 	conservation easement, declaration, restrictive covenant, or similar instrument created 
11.12 	before the effective date of this chapter remains valid and enforceable as provided in 
11.13 	the law under which it was created. This chapter does not apply in any other respect to 
11.14 	such an instrument.
11.15 	(d) This chapter does not invalidate or render unenforceable any interest, whether 
11.16 	designated as an environmental covenant or other interest, that is otherwise enforceable 
11.17 	under the law of this state.

11.18 	Sec. 15. [114E.25] RELATIONSHIP TO OTHER LAND USE LAW.
11.19 	(a) This chapter does not authorize a use of real property that is otherwise prohibited 
11.20 	by zoning, by law other than this chapter regulating use of real property, or by a recorded 
11.21 	instrument that has priority over the environmental covenant. 
11.22 	(b) An environmental covenant may prohibit or restrict uses of real property which 
11.23 	are authorized by zoning or by law other than this chapter.
11.24 	(c) An environmental agency that exercises authority under law other than this 
11.25 	chapter to require as part of an environmental response project the performance of a 
11.26 	response or corrective action that would not otherwise be an authorized use of real 
11.27 	property under zoning or other real property law or prior recorded instruments may 
11.28 	include such requirement as an affirmative obligation in an environmental covenant.

11.29 	Sec. 16. [114E.30] NOTICE.
11.30 	(a) A copy of an environmental covenant, and any amendments or notices of 
11.31 	termination thereof, must be provided by the persons and in the manner required by the 
11.32 	environmental agency to:
11.33 	(1) each person that signed the covenant or their successor or assign;
12.1 	(2) each person holding a recorded interest in the real property subject to the 
12.2 	covenant;
12.3 	(3) each person in possession of the real property subject to the covenant;
12.4 	(4) each political subdivision in which real property subject to the covenant is 
12.5 	located; and 
12.6 	(5) any other person the environmental agency requires.
12.7 	(b) The validity of a covenant is not affected by failure to provide a copy of the 
12.8 	covenant as required under this section.

12.9 	Sec. 17. [114E.35] RECORDING.
12.10 	(a) An environmental covenant and any amendment or termination of the covenant 
12.11 	must be recorded with the county recorder or registrar of titles, as applicable, in every 
12.12 	county in which any portion of the real property subject to the covenant is located.  For 
12.13 	purposes of indexing, a holder shall be treated as a grantee.
12.14 	(b) Except as otherwise provided in section 114E.40, paragraph (f), an environmental 
12.15 	covenant is subject to the laws of this state governing recording and priority of interests in 
12.16 	real property.

12.17 	Sec. 18. [114E.40] DURATION; MODIFICATION OR TERMINATION BY 
12.18 	ADMINISTRATIVE OR COURT ACTION.
12.19 	(a) An environmental covenant is perpetual unless it is:
12.20 	(1) by its terms, limited to a specific duration or terminated by the occurrence of a 
12.21 	specific event;
12.22 	(2) terminated by consent pursuant to section 114E.45;
12.23 	(3) terminated pursuant to paragraph (b) or (e);
12.24 	(4) terminated by foreclosure of an interest that has priority over the environmental 
12.25 	covenant; or 
12.26 	(5) terminated or modified in an eminent domain proceeding, but only if:
12.27 	(i) the environmental agency that signed the covenant is a party to the proceeding;
12.28 	(ii) all persons identified in paragraph (c) are given notice of the pendency of the 
12.29 	proceeding; and 
12.30 	(iii) the court determines, after hearing, that the activity and use limitations subject 
12.31 	to termination or modification are no longer required to protect public health or welfare 
12.32 	or the environment.
12.33 	(b) The environmental agency that approved an environmental covenant may 
12.34 	determine whether to terminate or reduce the burden on the real property of the covenant 
13.1 	if the agency determines that some or all of the activity and use limitations under the 
13.2 	covenant are no longer required to protect public health or welfare or the environment or 
13.3 	modify the covenant if the agency determines that modification is required to adequately 
13.4 	protect public health or welfare or the environment.
13.5 	(c) The environmental agency shall provide notice of any proposed action under 
13.6 	paragraph (b) to each person with a current recorded interest in the real property subject 
13.7 	to the environmental covenant, each holder, all other persons who originally signed the 
13.8 	environmental covenant, or their successors or assigns, and any other person with rights 
13.9 	or obligations under the covenant. The environmental agency shall provide 30 days for 
13.10 	comment on the proposed action by parties entitled to notice. Any person entitled to notice 
13.11 	under this paragraph may request a contested case under chapter 14 by making the request 
13.12 	in writing within the 30-day comment period. A determination by an environmental 
13.13 	agency under this paragraph is a final agency decision subject to judicial review in the 
13.14 	same manner as provided in sections 14.63 to 14.68 or under applicable federal law.
13.15 	(d) Any person entitled to notice under paragraph (c) may apply in writing to the 
13.16 	environmental agency for a determination under paragraph (b) that an existing covenant 
13.17 	be terminated, that the burden of a covenant be reduced, or that the covenant be modified. 
13.18 	The application must specify the determination sought by the applicant, the reasons why 
13.19 	the environmental agency should make the determination, and the information which 
13.20 	would support it. If the environmental agency fails to commence a proceeding under 
13.21 	paragraph (b) within 60 days of receipt of the application, the applicant may bring a de 
13.22 	novo action in the district court for termination, reduction of burden, or modification of 
13.23 	the environmental covenant pursuant to paragraph (e).
13.24 	(e) The district court for the county in which the real property subject to an 
13.25 	environmental covenant is located may, under the doctrine of changed circumstances, 
13.26 	terminate the covenant, reduce its burden on the real property, or modify its terms in a de 
13.27 	novo action if an environmental agency fails to commence a proceeding within 60 days 
13.28 	as provided under paragraph (d). The applicant under paragraph (d), any party to the 
13.29 	environmental covenant, or any other person identified in paragraph (c) may commence an 
13.30 	action under this paragraph. The person commencing the action shall serve notice of the 
13.31 	action on the environmental agency and any person entitled to notice under paragraph (c). 
13.32 	The court shall terminate, reduce the burden of, or modify the environmental covenant 
13.33 	if the court determines that the person bringing the action shows that some or all of the 
13.34 	activity and use limitations under the covenant do not, or are no longer required to, protect 
13.35 	public health or welfare or the environment.
14.1 	(f) An environmental covenant may not be extinguished, limited, or impaired 
14.2 	through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine 
14.3 	of adverse possession, prescription, abandonment, waiver, lack of enforcement, or 
14.4 	acquiescence, or a similar doctrine.
14.5 	(g) An environmental covenant may not be extinguished, limited, or impaired by 
14.6 	application of section 500.20 or 541.023.

14.7 	Sec. 19. [114E.45] AMENDMENT OR TERMINATION BY CONSENT.
14.8 	(a) An environmental covenant may be amended or terminated by consent only if 
14.9 	the amendment or termination is signed by:
14.10 	(1) the environmental agency;
14.11 	(2) the current owner of the fee simple title to the real property subject to the 
14.12 	covenant;
14.13 	(3) every other original signatory to the covenant, or their successor or assign, unless:
14.14 	(i) the person waived the right to consent to termination or modification in the 
14.15 	environmental covenant or another signed and acknowledged record that is recorded;
14.16 	(ii) the person fails to object to the amendment or termination within 60 days after 
14.17 	a notice requesting the person's consent to amendment or termination was mailed by 
14.18 	certified mail, return receipt requested, to the person's last known address, as obtained 
14.19 	from the United States Postal Service; or
14.20 	(iii) a court finds that the person no longer exists or cannot be located or identified 
14.21 	with the exercise of reasonable diligence; and 
14.22 	(4) each holder, except as otherwise provided in paragraph (d).
14.23 	Any person may establish that the notice described in clause (3), item (ii), was properly 
14.24 	mailed by recording an affidavit to that effect from a person having knowledge of the 
14.25 	facts, and a certified copy of the recorded affidavit shall be prima facie evidence of the 
14.26 	facts stated therein.
14.27 	(b) If an interest in real property is subject to an environmental covenant, the interest 
14.28 	is not affected by an amendment of the covenant unless the current owner of the interest 
14.29 	consents to the amendment or has waived in the environmental covenant or other signed 
14.30 	record the right to consent to amendments.
14.31 	(c) Except for an assignment undertaken pursuant to a governmental reorganization, 
14.32 	or as otherwise provided in the environmental covenant, assignment of an environmental 
14.33 	covenant to a new holder is an amendment.
14.34 	(d) Except as otherwise provided in paragraph (c) or in an environmental covenant:
15.1 	(1) a holder may not assign its interest without consent of the other parties specified 
15.2 	in paragraph (a);
15.3 	(2) a holder may be removed and replaced by agreement of the other parties 
15.4 	specified in paragraph (a); and 
15.5 	(3) a court of competent jurisdiction may fill a vacancy in the position of holder.

15.6 	Sec. 20. [114E.50] ENFORCEMENT OF ENVIRONMENTAL COVENANT.
15.7 	(a) A civil action for injunctive or other equitable relief for violation of an 
15.8 	environmental covenant may be maintained by:
15.9 	(1) a party to the covenant, including all holders;
15.10 	(2) the environmental agency that signed the covenant;
15.11 	(3) any person to whom the covenant expressly grants power to enforce;
15.12 	(4) a person whose interest in the real property or whose collateral or liability may 
15.13 	be affected by the alleged violation of the covenant; or 
15.14 	(5) a political subdivision in which the real property subject to the covenant is 
15.15 	located.
15.16 	(b) The state environmental agency that signed the covenant may use any remedy 
15.17 	or enforcement measure provided in section 115.071, subdivisions 3 to 5, or 116.072 to 
15.18 	remedy violations of a covenant. This paragraph does not limit the state environmental 
15.19 	agency from taking action to enforce the terms of a covenant against a person required to 
15.20 	comply with the covenant in connection with that person's obligation to perform response 
15.21 	actions or as a condition of receiving a liability assurance with respect to a release or 
15.22 	threatened release of contaminants.
15.23 	(c) This chapter does not limit the regulatory authority of the environmental agency 
15.24 	under law other than this chapter with respect to an environmental response project.
15.25 	(d) A person is not responsible for or subject to liability arising from a release 
15.26 	or threatened release of contamination into the environment, or for remediation costs 
15.27 	attendant thereto, solely because it has signed, holds rights to, or otherwise has the right to 
15.28 	enforce an environmental covenant.

15.29 	Sec. 21. [114E.60] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
15.30 	In applying and construing this chapter, consideration must be given to the need to 
15.31 	promote uniformity of the law with respect to its subject matter among states that enact it.

15.32 	Sec. 22. [114E.65] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL 
15.33 	AND NATIONAL COMMERCE ACT.
16.1 	This chapter modifies, limits, or supersedes the federal Electronic Signatures in 
16.2 	Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but 
16.3 	does not modify, limit, or supersede section 101 of that act, United States Code, title 15, 
16.4 	section 7001(a), or authorize electronic delivery of any of the notices described in section 
16.5 	103 of that act, United States Code, title 15, section 7003(b).

16.6 	Sec. 23. Minnesota Statutes 2006, section 115.072, is amended to read:
16.7 	115.072 RECOVERY OF LITIGATION COSTS AND EXPENSES.
16.8 	In any action brought by the attorney general, in the name of the state, pursuant 
16.9 	to the provisions of this chapter and chapters 114C, 114E, and 116, for civil penalties, 
16.10 	injunctive relief, or in an action to compel compliance, if the state shall finally prevail, 
16.11 	and if the proven violation was willful, the state, in addition to other penalties provided 
16.12 	in this chapter, may be allowed an amount determined by the court to be the reasonable 
16.13 	value of all or a part of the litigation expenses incurred by the state. In determining the 
16.14 	amount of such litigation expenses to be allowed, the court shall give consideration to the 
16.15 	economic circumstances of the defendant.
16.16 	Amounts recovered under the provisions of this section and section 115.071, 
16.17 	subdivisions 3 to 5, shall be paid into the environmental fund in the state treasury to the 
16.18 	extent provided in section 115.073. 

16.19 	Sec. 24. Minnesota Statutes 2006, section 115B.17, subdivision 15, is amended to read:
16.20 		Subd. 15.Acquisition of property. The agency may acquire, by purchase 
16.21 	or donation, an interest interests in real property, including easements, restrictive
16.22 	environmental covenants under chapter 114E, and leases, that the agency determines 
16.23 	is are necessary for response action. The validity and duration of a restrictive covenant 
16.24 	or nonpossessory easement acquired under this subdivision shall be determined in the 
16.25 	same manner as the validity and duration of a conservation easement under chapter 84C, 
16.26 	unless the duration is otherwise provided in the agreement. The agency may acquire 
16.27 	an easement by condemnation only if the agency is unable, after reasonable efforts, to 
16.28 	acquire an interest in real property by purchase or donation. The provisions of chapter 117 
16.29 	govern condemnation proceedings by the agency under this subdivision. A donation of an 
16.30 	interest in real property to the agency is not effective until the agency executes a certificate 
16.31 	of acceptance. The state is not liable under this chapter solely as a result of acquiring an 
16.32 	interest in real property under this subdivision. Agency approval of an environmental 
16.33 	convenant under chapter 114E is sufficient evidence of acceptance of an interest in real 
16.34 	property where the agency is expressly identified as a holder in the covenant.

17.1 	Sec. 25. Minnesota Statutes 2006, section 219.99, is amended to read:
17.2 	219.99 RAILROAD PRAIRIE RIGHT-OF-WAY; BEST MANAGEMENT 
17.3 	PRACTICES.
17.4 	The commissioner of natural resources shall conduct a field review of railroad 
17.5 	rights-of-way to identify native prairie. The priority will be to identify and conduct a field 
17.6 	review of any surveys which have been conducted previously, whether by public or private 
17.7 	persons, of native prairies within railroad rights-of-way in this state. In cooperation with 
17.8 	railroad companies, the commissioner shall identify management practices used to control 
17.9 	vegetation along railroad rights-of-way. The commissioner shall then assess the impact 
17.10 	of those management practices on the prairie lands within the railroad rights-of-way. 
17.11 	Based on that assessment, the commissioner and railroad companies shall jointly develop 
17.12 	voluntary best management practices for prairie lands within railroad rights-of-way. The 
17.13 	commissioner shall, to the extent feasible, work with private individuals and groups 
17.14 	to cause to be erected markers at either end of each native prairie within a railroad 
17.15 	right-of-way.

17.16 	Sec. 26. Minnesota Statutes 2006, section 473.1565, subdivision 1, is amended to read:
17.17 		Subdivision 1.Planning activities. (a) The Metropolitan Council must carry out 
17.18 	planning activities addressing the water supply needs of the metropolitan area as defined 
17.19 	in section 473.121, subdivision 2. The planning activities must include, at a minimum:
17.20 	(1) development and maintenance of a base of technical information needed for 
17.21 	sound water supply decisions including surface and groundwater availability analyses, 
17.22 	water demand projections, water withdrawal and use impact analyses, modeling, and 
17.23 	similar studies;
17.24 	(2) development and periodic update of a metropolitan area master water supply 
17.25 	plan, prepared in cooperation with and subject to the approval of the commissioner 
17.26 	of natural resources, that:
17.27 	(i) provides guidance for local water supply systems and future regional investments;
17.28 	(ii) emphasizes conservation, interjurisdictional cooperation, and long-term 
17.29 	sustainability; and
17.30 	(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area 
17.31 	water supply system and its local and subregional components;
17.32 	(3) recommendations for clarifying the appropriate roles and responsibilities of 
17.33 	local, regional, and state government in metropolitan area water supply;
17.34 	(4) recommendations for streamlining and consolidating metropolitan area water 
17.35 	supply decision-making and approval processes; and
18.1 	(5) recommendations for the ongoing and long-term funding of metropolitan area 
18.2 	water supply planning activities and capital investments.
18.3 	(b) The council must carry out the planning activities in this subdivision in 
18.4 	consultation with the Metropolitan Area Water Supply Advisory Committee established in 
18.5 	subdivision 2.

18.6 	Sec. 27. Minnesota Statutes 2006, section 473.859, subdivision 3, is amended to read:
18.7 		Subd. 3.Public facilities plan. A public facilities plan shall describe the character, 
18.8 	location, timing, sequence, function, use and capacity of existing and future public 
18.9 	facilities of the local governmental unit. A public facilities plan must be in at least such 
18.10 	detail as may be necessary to establish existing or potential effects on or departures from 
18.11 	metropolitan system plans and to protect metropolitan system plans. A public facilities 
18.12 	plan shall contain at least the following parts:
18.13 	(1) a transportation plan describing, designating and scheduling the location, extent, 
18.14 	function and capacity of existing and proposed local public and private transportation 
18.15 	services and facilities;
18.16 	(2) a sewer policy plan describing, designating and scheduling the areas to be 
18.17 	sewered by the public system, the existing and planned capacities of the public system, the 
18.18 	standards and conditions under which the installation of private sewer systems will be 
18.19 	permitted, and to the extent practicable, the areas not suitable for public or private systems 
18.20 	because of public health, safety and welfare considerations;
18.21 	(3) a parks and open space plan describing, designating and scheduling the existing 
18.22 	and proposed parks and recreation open spaces within the jurisdiction; and
18.23 	(4) a water supply plan including: as described in section 103G.291, subdivision 3.
18.24 	(i) a description of the existing water supply system, including the source of water, 
18.25 	well and treatment plant locations, and major supply lines; an inventory of commercial 
18.26 	and industrial users; an indication of the community's intent to make future changes 
18.27 	or additions to the system, including projections for population and industrial and 
18.28 	commercial use and the methods by which this growth will be served;
18.29 	(ii) a statement of the community's objectives, policies, and standards for operating 
18.30 	the water supply system;
18.31 	(iii) a conservation program that contains the goals of the program, demand and 
18.32 	supply conservation techniques to be used, an evaluation of pricing methods that could be 
18.33 	used to reduce demand, the conditions under which conservation actions would occur, 
18.34 	a process for reducing nonessential uses according to the priority system under section 
19.1 	103G.261, and the education program that will be used to inform the public of the need to 
19.2 	conserve and the methods available to achieve conservation; 
19.3 	(iv) an emergency preparedness or contingency plan, as described in section 
19.4 	103G.291, subdivision 3; 
19.5 	(v) an indication of the possibility for joint efforts with neighboring communities or 
19.6 	other public entities for sharing water sources and treatment, interconnection for routine or 
19.7 	emergency supply, pursuit of alternative supplies, and water source protection;
19.8 	(vi) a statement of the water supply problems that the community experiences or 
19.9 	expects to experience and any proposed solutions, especially those that would impact 
19.10 	other communities or the region; and
19.11 	(vii) a wellhead protection plan prepared in accordance with rules adopted by the 
19.12 	commissioner of health under section 103I.101, subdivision 5, clause (9). 

19.13 	Sec. 28. AQUATIC PLANT RULEMAKING.
 19.14 	By January 15, 2008, the commissioner of natural resources shall initiate 
19.15 	rulemaking under Minnesota Statutes, chapter 14, to update the standards for aquatic plant 
19.16 	management permit issuance. The commissioner shall consult with the commissioner of 
19.17 	administration regarding the feasibility of using mediation services during the process of 
19.18 	developing the rules. By January 15, 2008, the commissioner shall report to the senate 
19.19 	and house of representatives committees on natural resource policy on the proposed rule 
19.20 	changes. The rule changes must not be finally adopted before June 1, 2008.

19.21 	Sec. 29. EURASIAN WATER MILFOIL PILOT PROGRAM; GREEN LAKE.
 19.22 	As part of the invasive species management program under Minnesota Statutes, 
19.23 	section 84D.02, subdivisions 1 and 2, the commissioner of natural resources shall consider 
19.24 	a pilot project for the control of Eurasian water milfoil on Green Lake in Kandiyohi 
19.25 	County.

19.26 	Sec. 30. SHORELAND STANDARDS.
 19.27 	The commissioner of natural resources may initiate rulemaking under Minnesota 
19.28 	Statutes, chapter 14, to update the minimum shoreland standards in Minnesota Rules, 
19.29 	chapter 6120.

19.30 	Sec. 31. MINNESOTA TRAVEL GREEN PROGRAM.
 19.31 	(a) The director of Explore Minnesota Tourism shall collaborate with the 
19.32 	commissioner of natural resources to develop a Minnesota travel green program to 
20.1 	recognize tourism businesses that have made a commitment to reduce their environmental 
20.2 	impact. A Minnesota travel green program must be a voluntary program designed 
20.3 	to promote the Explore Minnesota brand and give the state and hospitality business 
20.4 	participants a marketing edge, promote smart business practices, reduce costs, educate 
20.5 	travelers, promote Minnesota travel, and protect the environment.
20.6 	(b) In developing the program, the director and the commissioner shall actively 
20.7 	seek the ideas, advice, and participation of:
20.8 	(1) the Minnesota travel and tourism industry;
20.9 	(2) the Explore Minnesota Tourism Council;
20.10 	(3) the University of Minnesota Tourism Center;
20.11 	(4) the commissioner of the Pollution Control Agency;
20.12 	(5) the Minnesota Environmental Initiative;
20.13 	(6) the International Ecotourism Society;
20.14 	(7) Renewing The Countryside organization; 
20.15 	(8) statewide lodging and hospitality associations;
20.16 	(9) private industry sponsors; and
20.17 	(10) other interested organizations.
20.18 	(c) The director and the commissioner shall:
20.19 	(1) research other states' similar programs;
20.20 	(2) determine criteria that must be met in order for a business to participate in the 
20.21 	program;
20.22 	(3) determine who will evaluate the criteria in relation to a particular business;
20.23 	(4) estimate the level of private sector partnership participation;
20.24 	(5) determine the marketing techniques that will have the most impact; and
20.25 	(6) establish a timeline and budget to get the program up and running.
20.26 	(d) The director and the commissioner shall present their recommendations to the 
20.27 	legislative committees with jurisdiction over the environment and tourism, along with 
20.28 	draft legislation to codify the program.

20.29 	Sec. 32.  REPEALER.
 20.30 	Laws 2006, chapter 236, article 1, section 2, is repealed.

20.31 	ARTICLE 2 
20.32 	 OFF-HIGHWAY VEHICLES 

20.33 	Section 1. Minnesota Statutes 2006, section 84.777, is amended to read:
20.34 	84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.
21.1 		Subdivision 1.Designated trails. (a) Except as otherwise allowed by law or rules 
21.2 	adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
21.3 	to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state 
21.4 	land administered by the commissioner of natural resources, and on county-administered 
21.5 	forest land within the boundaries of a state forest, except on roads and trails specifically 
21.6 	designated and posted by the commissioner for use by off-highway vehicles. 
21.7 	(b) Paragraph (a) does not apply to county-administered land within a state forest if 
21.8 	the county board adopts a resolution that modifies restrictions on the use of off-highway 
21.9 	vehicles on county-administered land within the forest.
21.10 		Subd. 2.Off-highway vehicle seasons. (a) The commissioner shall prescribe 
21.11 	seasons for off-highway vehicle use on state forest lands. Except for designated forest 
21.12 	roads, a person must not operate an off-highway vehicle on state forest lands outside of 
21.13 	the season prescribed under this paragraph.
21.14 	(b) The commissioner may designate and post winter trails on state forest lands 
21.15 	for use by off-highway vehicles.
21.16 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
21.17 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
21.18 	managed by the commissioner under section 282.011.
21.19 		Subd. 3.Mapped trails. Except as provided in sections 84.926 and 84.928, 
21.20 	effective December 31, 2010, a person must not operate an off-highway vehicle on state 
21.21 	land that is not mapped for the type of off-highway vehicle.
21.22 		Subd. 4.Exemption from rulemaking. Determinations of the commissioner under 
21.23 	this section may be by written order published in the State Register and are exempt from 
21.24 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.

21.25 	Sec. 2. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION 
21.26 	PROGRAM.
21.27 		Subdivision 1.Creation. The commissioner of natural resources shall establish 
21.28 	a program to promote the safe and responsible operation of off-highway vehicles in a 
21.29 	manner that does not harm the environment.
21.30 		Subd. 2.Agreements. (a) The commissioner shall enter into  agreements with 
21.31 	organizations for volunteer services that promote the safe and responsible operation 
21.32 	of off-highway vehicles in a manner that does not harm the environment to maintain, 
21.33 	make improvements to, and monitor trails on state forest land and other public lands. 
21.34 	The organizations shall promote the operation of off-highway vehicles in a safe and 
22.1 	responsible manner that complies with the laws and rules that relate to the operation 
22.2 	of off-highway vehicles.
22.3 	(b) The organizations may provide assistance to the department in locating, 
22.4 	recruiting, and training instructors for off-highway vehicle training programs.
22.5 	(c) The commissioner may provide assistance to enhance the comfort and safety 
22.6 	of volunteers and to facilitate the implementation and administration of the safety and 
22.7 	conservation program.
22.8 	(d) The commissioner shall establish standards, train, and certify organizations and 
22.9 	individuals participating as volunteers under this section. The training shall include:
22.10 	(1) the identification of invasive species;
22.11 	(2) correctly reporting the location of invasive species; and
22.12 	(3) basic global positioning system operation.
22.13 		Subd. 3.Worker displacement prohibited. The commissioner may not enter into 
22.14 	any agreement that has the purpose of or results in the displacement of public employees 
22.15 	by volunteers participating in the off-highway safety and conservation program under 
22.16 	this section. The commissioner must certify to the appropriate bargaining agent that the 
22.17 	work performed by a volunteer will not result in the displacement of currently employed 
22.18 	workers or workers on seasonal layoff or layoff from a substantially equivalent position, 
22.19 	including partial displacement such as reduction in hours of nonovertime work, wages, or 
22.20 	other employment benefits.
22.21 		Subd. 4.Off-Highway Vehicle Safety Advisory Council. The commissioner 
22.22 	of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to 
22.23 	advise the commissioner on:
22.24 	(1) off-highway vehicle safety; and
22.25 	(2) standards and certification for organizations and individuals participating as 
22.26 	volunteers under this section.

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

23.1 	Sec. 4. Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision 
23.2 	to read:
23.3 		Subd. 2a.Parent or guardian authorization. A person under age 16 shall not 
23.4 	operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle, 
23.5 	unless the parent or guardian of the person under age 16 authorizes the operation. For 
23.6 	purposes of this subdivision, "guardian" means the legal guardian of the person under age 
23.7 	16 or a person age 18 or older who has been authorized by the parent or legal guardian to 
23.8 	supervise the person under age 16.

23.9 	Sec. 5. Minnesota Statutes 2006, section 84.9257, is amended to read:
23.10 	84.9257 PASSENGERS.
23.11 	(a) A parent or guardian may operate a class 1 all-terrain vehicle carrying one 
23.12 	passenger who is under 16 years of age and who wears a safety helmet approved by the 
23.13 	commissioner of public safety.
23.14 	(b) For the purpose of this section, "guardian" means a legal guardian of a person 
23.15 	under age 16, or a person 18 or older who has been authorized by the parent or legal 
23.16 	guardian to supervise the person under age 16.
23.17 	(c) A person 18 years of age or older may operate an a class 1 all-terrain vehicle 
23.18 	carrying one passenger who is 16 or 17 years of age and wears a safety helmet approved 
23.19 	by the commissioner of public safety.
23.20 	(d) (b) A person 18 years of age or older may operate an all-terrain vehicle carrying 
23.21 	one passenger who is 18 years of age or older.
23.22 	(e) An operator of a class 2 all-terrain vehicle may carry two passengers while 
23.23 	carrying a passenger, or up to the number of passengers for which the vehicle was 
23.24 	designed, whichever is greater.

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

23.31 	Sec. 7. Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:
23.32 		Subdivision 1.Operation on roads and rights-of-way; class 1 vehicles. (a) Unless 
23.33 	otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 an
24.1 	all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope 
24.2 	of a public road right-of-way of a trunk, county state-aid, or county highway other than.
24.3 	(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 
24.4 	bank or slope of a trunk, county state-aid, or county highway unless prohibited under 
24.5 	paragraph (b) (d) or (f).
24.6 	(c) A person may operate a class 2 all-terrain vehicle within the public road 
24.7 	right-of-way of a county state-aid or county highway on the extreme right-hand side of 
24.8 	the road and left turns may be made from any part of the road if it is safe to do so under 
24.9 	the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 
24.10 	operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 
24.11 	designated class 2 all-terrain vehicle trail.
24.12 	(b) (d) A road authority as defined under section 160.02, subdivision 25, may after a 
24.13 	public hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or 
24.14 	slope of a public road right-of-way under its jurisdiction.
24.15 	(c) (e) The restrictions in paragraphs (a), (b), (g), (d), (h), and (i), and (j) do not 
24.16 	apply to the operation of a class 1 an all-terrain vehicle on the shoulder, inside bank or 
24.17 	slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county 
24.18 	highway when the class 1 all-terrain vehicle is:
24.19 	(1) owned by or operated under contract with a publicly or privately owned utility 
24.20 	or pipeline company; and
24.21 	(2) used for work on utilities or pipelines.
24.22 	(d) (f) The commissioner may limit the use of a right-of-way for a period of time if 
24.23 	the commissioner determines that use of the right-of-way causes:
24.24 	(1) degradation of vegetation on adjacent public property;
24.25 	(2) siltation of waters of the state;
24.26 	(3) impairment or enhancement to the act of taking game; or
24.27 	(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
24.28 	property.
24.29 	(e) The commissioner must notify the road authority as soon as it is known that a 
24.30 	closure will be ordered. The notice must state the reasons and duration of the closure.
24.31 	(f) (g) A person may operate a class 1an all-terrain vehicle registered for private 
24.32 	use and used for agricultural purposes or a class 2 all-terrain vehicle on a public road 
24.33 	right-of-way of a trunk, county state-aid, or county highway in this state if the class 1
24.34 	or class 2 all-terrain vehicle is operated on the extreme right-hand side of the road, and 
24.35 	left turns may be made from any part of the road if it is safe to do so under the prevailing 
24.36 	conditions.
25.1 	(g) (h) A person shall not operate a class 1an all-terrain vehicle within the public 
25.2 	road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 
25.3 	in the agricultural zone unless the vehicle is being used exclusively as transportation to and 
25.4 	from work on agricultural lands. This paragraph does not apply to an agent or employee 
25.5 	of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
25.6 	Natural Resources when performing or exercising official duties or powers.
25.7 	(h) (i) A person shall not operate a class 1 an all-terrain vehicle within the public 
25.8 	road right-of-way of a trunk, county state-aid, or county highway between the hours of 
25.9 	one-half hour after sunset to one-half hour before sunrise, except on the right-hand side 
25.10 	of the right-of-way and in the same direction as the highway traffic on the nearest lane 
25.11 	of the adjacent roadway.
25.12 	(i) (j) A person shall not operate a class 1 an all-terrain vehicle at any time within the 
25.13 	right-of-way of an interstate highway or freeway within this state.

25.14 	Sec. 8. [89.0212] STATE FOREST TRADITIONAL AREAS.
25.15 		Subdivision 1.Definition. For purposes of this section, "state forest traditional 
25.16 	area" or "traditional area" means the portion of a state forest dedicated to traditional 
25.17 	uses, including, but not limited to, logging, hunting, trapping, fishing, wildlife watching, 
25.18 	snowmobiling, hiking, biking, canoeing, and berry picking.
25.19 		Subd. 2.Designation. By December 31, 2008, the commissioner shall designate 
25.20 	state forest traditional areas. 
25.21 		Subd. 3.Vehicle restrictions. Within a state forest traditional area:
25.22 	(1) no off-highway vehicles, as defined under section 84.771, are allowed off of 
25.23 	state forest roads;
25.24 	(2) no trails for off-highway vehicles, as defined under section 84.771, are allowed; 
25.25 	and
25.26 	(3) no hunting or trapping using an off-highway vehicle is allowed.
25.27 	These restrictions are subject to exception by permit under section 84.926, subdivision 1.
25.28 		Subd. 4.Exemption from rulemaking. Determinations of the commissioner under 
25.29 	this section may be by written order published in the State Register and are exempt from 
25.30 	the rulemaking provisions of chapter 14. Section 14.386 does not apply.

25.31 	Sec. 9. Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:
25.32 		Subdivision 1.Definitions. As used in this section:
25.33 	(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2; 
25.34 	(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9; 
26.1 	(3) "motor vehicle" does not include motorboats in operation, or off-road recreational 
26.2 	vehicles except when being operated on a roadway or shoulder of a roadway that is not 
26.3 	part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of 
26.4 	natural resources;
26.5 	(4) "possession" means either that the person had actual possession of the bottle or 
26.6 	receptacle or that the person consciously exercised dominion and control over the bottle 
26.7 	or receptacle; and
26.8 	(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, 
26.9 	subdivision 19. 

26.10 	Sec. 10. Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by 
26.11 	Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:
26.12 	Sec. 167. FOREST LAND OFF-HIGHWAY VEHICLE USE 
26.13 	RECLASSIFICATION.
 26.14 		Subdivision 1.Forest classification status review. (a) By December 31, 2006, the 
26.15 	commissioner of natural resources shall complete a review of the forest classification status 
26.16 	of all state forests classified as managed or limited, all forest lands under the authority of 
26.17 	the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and 
26.18 	lands managed by the commissioner under Minnesota Statutes, section 282.011. The 
26.19 	review must be conducted on a forest-by-forest and area-by-area basis in accordance with 
26.20 	the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in 
26.21 	paragraph (d), after each forest is reviewed, the commissioner must change itsthe status 
26.22 	  of the lands within each forest to limited or closed, and . The commissioner may classify 
26.23 	portions of a limited forest as closed. The commissioner must also provide a similar 
26.24 	status for each of the other areas subject to review under this section after each individual 
26.25 	review is completed.
26.26 	(b) If the commissioner determines on January 1, 2005, that the review required 
26.27 	under this section cannot be completed by December 31, 2006, the completion date for the 
26.28 	review shall be extended to December 31, 2008. By January 15, 2005, the commissioner 
26.29 	shall report to the chairs of the legislative committees with jurisdiction over natural 
26.30 	resources policy and finance regarding the status of the process required by this section.
26.31 	(c) Until December 31, 2010, the state forests and areas subject to review under this 
26.32 	section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or 
26.33 	area has been classified as limited or closed.
26.34 	(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, 
26.35 	section 84.777, subdivision 1, all forest lands under the authority of the commissioner as 
27.1 	defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the 
27.2 	commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 
27.3 	2 shall maintain their present classification unless the commissioner reclassifies the lands 
27.4 	under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal 
27.5 	trail closures when conditions warrant them. By December 31, 2008, the commissioner 
27.6 	shall complete the review and designate trails on forest lands north of Highway 2 as 
27.7 	provided in this section.

27.8 	Sec. 11.  REPEALER.
 27.9 	Minnesota Statutes 2006, section 84.928, subdivision 8, is repealed.

27.10 	ARTICLE 3
27.11 	GAME AND FISH

27.12 	Section 1. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:
27.13 		Subdivision 1.License required. (a) A person or entity may not operate an aquatic 
27.14 	farm without first obtaining an aquatic farm license from the commissioner.
27.15 	(b) Applications for an aquatic farm license must be made on forms provided by 
27.16 	the commissioner.
27.17 	(c) Licenses are valid for five years and are transferable upon notification to the 
27.18 	commissioner.
27.19 	(d) The commissioner shall issue an aquatic farm license on payment of the required 
27.20 	license fee under section 17.4988. 
27.21 	(e) A license issued by the commissioner is not a determination of private property 
27.22 	rights, but is only based on a determination that the licensee does not have a significant 
27.23 	detrimental impact on the public resource.
27.24 	(f) Until August 1, 2008, the commissioner shall not issue a new license to raise 
27.25 	minnows in a water body if the water body is the subject of a protective easement or 
27.26 	other interest in land that was acquired with funding from migratory waterfowl stamp 
27.27 	proceeds under section 97A.075, subdivision 2, or if the water body was the subject of 
27.28 	any other development, restoration, maintenance, or preservation project funded under 
27.29 	section 97A.075, subdivision 2. By January 15, 2008, the commissioner shall report to the 
27.30 	senate and house of representatives committees on natural resource policy on whether to 
27.31 	continue or expand the restrictions under this paragraph.

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

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

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

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

28.23 	Sec. 6. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
28.24 		Subd. 2.Personal possession. (a) A person acting under a license or traveling from 
28.25 	an area where a licensed activity was performed must have in personal possession either: 
28.26 	(1) the proper license, if the license has been issued to and received by the person; or (2) 
28.27 	the proper license identification number or stamp validation, if the license has been sold to 
28.28 	the person by electronic means but the actual license has not been issued and received.
28.29 	(b) If possession of a license or a license identification number is required, a person 
28.30 	must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 
28.31 	license if the license has been issued to and received by the person; or (2) the proper 
28.32 	license identification number or stamp validation and a valid state driver's license, state 
29.1 	identification card, or other form of identification provided by the commissioner, if the 
29.2 	license has been sold to the person by electronic means but the actual license has not been 
29.3 	issued and received. A person charged with violating the license possession requirement 
29.4 	shall not be convicted if the person produces in court or the office of the arresting officer, 
29.5 	the actual license previously issued to that person, which was valid at the time of arrest, 
29.6 	or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 
29.7 	request of a conservation officer or peace officer, a licensee shall write the licensee's name 
29.8 	in the presence of the officer to determine the identity of the licensee.
29.9 	(c) If the actual license has been issued and received, a receipt for license fees, a 
29.10 	copy of a license, or evidence showing the issuance of a license, including the license 
29.11 	identification number or stamp validation, does not entitle a licensee to exercise the rights 
29.12 	or privileges conferred by a license.
29.13 	(d) A license or stamp issued electronically and not immediately provided to the 
29.14 	licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp 
29.15 	validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A 
29.16 	pictorial turkey stamp or a pictorial trout and salmon stamp shall be mailed to the licensee 
29.17 	after purchase of a license or stamp validation only if the licensee pays an additional $2 fee.

29.18 	Sec. 7. Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:
29.19 		Subd. 4.Replacement licenses. (a) The commissioner may permit licensed deer 
29.20 	hunters to change zone, license, or season options. The commissioner may issue a 
29.21 	replacement license if the applicant submits the original deer license and unused tags that 
29.22 	are being replaced and the applicant pays any increase in cost between the original and 
29.23 	the replacement license. A refund of the difference in fees may be issued when a person 
29.24 	changes from a regular deer license to a youth deer license. When a person submits both 
29.25 	an archery and a firearms license for replacement, the commissioner may apply the value 
29.26 	of both licenses towards the replacement license fee.
29.27 	(b) A replacement license may be issued only if the applicant has not used any tag 
29.28 	from the original license or licenses and meets the conditions of paragraph (c). The original 
29.29 	license or licenses and all unused tags for that licensefor the licenses being replaced must 
29.30 	be submitted to the issuing agent at the time the replacement license is issued.
29.31 	(c) A replacement license may be issued under the following conditions, or as 
29.32 	otherwise prescribed by rule of the commissioner:
29.33 	(1) when the season for the license being surrendered has not yet opened; or
29.34 	(2) when the person is upgrading from a regular firearms or archery deer license to 
29.35 	a multizone or an all season deer license;
30.1 	(3) when the person is upgrading from a regular firearms license to a multizone 
30.2 	deer license; or
30.3 	(4) when the person is changing from a regular firearms deer license to a youth 
30.4 	deer license.
30.5 	(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 
30.6 	immediately upon issuance if the license being surrendered is valid at that time.

30.7 	Sec. 8. Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read:
30.8 		Subdivision 1.License period. (a) Except as provided in paragraphs (b), (c), and 
30.9 	(d), a license is valid during the lawful time within the license year that the licensed 
30.10 	activity may be performed. Except as provided in paragraph (c), a license year begins on 
30.11 	the first day of March and ends on the last day of February.
30.12 	(b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475, 
30.13 	subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid 
30.14 	for the full license period even if this period extends into the next license year, provided 
30.15 	that the license period selected by the licensee begins at the time of issuance. 
30.16 	(c) When the last day of February falls on a Saturday, an annual resident or 
30.17 	nonresident fish house or dark house license, including a rental fish house or dark house 
30.18 	license, obtained for the license year covering the last day of February, is valid through 
30.19 	Sunday, March 1 and the angling license of the fish house licensee is extended through 
30.20 	March 1. The license year for resident fishing, the angling portion of a sporting license, 
30.21 	nonresident fishing, resident fish house, resident dark house, and nonresident fish house 
30.22 	begins on March 1 and ends on April 30 of the following year.
30.23 	(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the 
30.24 	lawful time within the license year that the licensed activity may be performed for the 
30.25 	lifetime of the licensee. 

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

30.31 	Sec. 10. Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:
31.1 		Subd. 3.Residents under age 16; small game. (a) A resident under age 16 may 
31.2 	not obtain a small game license but may take small game by firearms or bow and arrow 
31.3 	without a license if the resident is:
31.4 	(1) age 14 or 15 and possesses a firearms safety certificate;
31.5 	(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent 
31.6 	or guardian; or
31.7 	(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied 
31.8 	by a parent or guardian who possesses a small game license that was not obtained using an 
31.9 	apprentice hunter validation; or
31.10 	(4) age 12 or under and is accompanied by a parent or guardian.
31.11 	(b) A resident under age 16 may take small game by trapping without a small game 
31.12 	license, but a resident 13 years of age or older must have a trapping license. A resident 
31.13 	under age 13 may trap without a trapping license, but may not register fisher, otter, 
31.14 	bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 
31.15 	or pine marten taken by a resident under age five must be included in the limit of the 
31.16 	accompanying parent or guardian.
31.17 	(c) A resident under age 12 may apply for a turkey license and may take a turkey 
31.18 	without a firearms safety certificate if the resident is accompanied by an adult parent or 
31.19 	guardian who has a firearms safety certificate.

31.20 	Sec. 11. Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:
31.21 		Subd. 2.Resident hunting. Fees for the following licenses, to be issued to residents 
31.22 	only, are:
31.23 	(1) for persons age 18 or over and under age 65 to take small game, $12.50;
31.24 	(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
31.25 	(3) to take turkey, $18;
31.26 	(4) for persons age 18 or over to take deer with firearms, $26;
31.27 	(5) for persons age 18 or over to take deer by archery, $26;
31.28 	(6) to take moose, for a party of not more than six persons, $310;
31.29 	(7) to take bear, $38;
31.30 	(8) to take elk, for a party of not more than two persons, $250;
31.31 	(9) multizone license to take antlered deer in more than one zone, $52;
31.32 	(10) to take Canada geese during a special season, $4;
31.33 	(11) all season license to take twothree deer throughout the state in any open deer 
31.34 	season, except as restricted under section 97B.305, $78; 
31.35 	(12) to take prairie chickens, $20;
32.1 	(13) for persons at least age 12 and under age 18 to take deer with firearms during 
32.2 	the regular firearms season in any open zone or time period, $13; and
32.3 	(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

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

32.10 	Sec. 13. Minnesota Statutes 2006, section 97A.511, is amended to read:
32.11 	97A.511 FUR-BEARING ANIMALS.
32.12 	The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits 
32.13 	and hares, legally taken and bearing the required seals or tags required by the game and 
32.14 	fish laws, may be bought, sold, and transported at any time. The flesh of beaver, raccoon, 
32.15 	rabbits, and hare may not be transported out of the state.

32.16 	Sec. 14. Minnesota Statutes 2006, section 97B.015, is amended by adding a 
32.17 	subdivision to read:
32.18 		Subd. 5a.Exemption for military personnel. Notwithstanding subdivision 5, 
32.19 	a person who has successfully completed basic training in the United States Armed 
32.20 	Forces is exempt from the range and shooting exercise portion of the required course of 
32.21 	instruction for the firearms safety certificate. The commissioner may require written proof 
32.22 	of the person's military training, as deemed appropriate for implementing this subdivision. 
32.23 	The commissioner shall publicly announce this exemption from the range and shooting 
32.24 	exercise requirement and the availability of the department's online, remote study option 
32.25 	for adults seeking firearms safety certification. Military personnel are not exempt from 
32.26 	any other requirement of this section for obtaining a firearms safety certificate.

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

32.29 	Sec. 15. Minnesota Statutes 2006, section 97B.020, is amended to read:
32.30 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
33.1 	(a) Except as provided in this section and section 97A.451, subdivision 3a, a person 
33.2 	born after December 31, 1979, may not obtain an annual license to take wild animals by 
33.3 	firearms unless the person has:
33.4 	(1) a firearms safety certificate or equivalent certificate;
33.5 	(2) a driver's license or identification card with a valid firearms safety qualification 
33.6 	indicator issued under section 171.07, subdivision 13;
33.7 	(3) a previous hunting license with a valid firearms safety qualification indicator; or
33.8 	(4) an apprentice hunter certificate issued under section 97B.022; or
33.9 	(5) other evidence indicating that the person has completed in this state or in another 
33.10 	state a hunter safety course recognized by the department under a reciprocity agreement or 
33.11 	certified by the department as substantially similar.
33.12 	(b) A person who is on active duty and has successfully completed basic training 
33.13 	in the United States armed forces, reserve component, or National Guard may obtain a 
33.14 	hunting license or approval authorizing hunting regardless of whether the person is issued 
33.15 	a firearms safety certificate.
33.16 	(c) A person born after December 31, 1979, may not use a lifetime license to take 
33.17 	wild animals by firearms, unless the person meets the requirements for obtaining an annual 
33.18 	license under paragraph (a) or (b).

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

33.31 	Sec. 17. Minnesota Statutes 2006, section 97B.035, is amended by adding a 
33.32 	subdivision to read:
33.33 		Subd. 1a.Minimum draw weight. A bow used to take big game must have a pull 
33.34 	that meets or exceeds 30 pounds at or before full draw.

34.1 	Sec. 18. Minnesota Statutes 2006, section 97B.075, is amended to read:
34.2 	97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
34.3 	(a) A person may not take protected wild animals, except raccoon and fox, with 
34.4 	a firearm between the evening and morning times established by commissioner's rule, 
34.5 	except as provided in this section.
34.6 	(b) Big game may be taken from one-half hour before sunrise until one-half hour 
34.7 	after sunset.
34.8 	(c) Except as otherwise prescribed by the commissioner on or before the Saturday 
34.9 	nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 
34.10 	during the entire season prescribed by the commissioner. On the opening day of the duck 
34.11 	season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

34.12 	Sec. 19. Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read:
34.13 		Subd. 3.Communication excepted. This section does not prohibit the use of:
34.14 	(1) one-way radio communication between a handler and a dog; or
34.15 	(2) a remote-controlled animal noise caller for taking unprotected wild animals.

34.16 	Sec. 20. Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:
34.17 		Subd. 7.All season deer license. (a) A resident may obtain an all season deer 
34.18 	license that authorizes the resident to hunt during the archery, regular firearms, and 
34.19 	muzzle-loader seasons. The all season license is valid for taking three deer, no more 
34.20 	than one of which may be a legal buck.
34.21 	(b) The all season deer license is valid for taking antlerless deer as follows:
34.22 	(1) up to two antlerless deer may be taken during the archery or muzzle-loader 
34.23 	seasons in any open area or during the regular firearms season in managed or intensive 
34.24 	deer areas; and
34.25 	(2) one antlerless deer may be taken during the regular firearms season in a lottery 
34.26 	deer area, only with an either-sex permit or statutory exemption from an either-sex permit
34.27 	prescribed by the commissioner.
34.28 	(c) The commissioner shall issue three tags when issuing a license under this 
34.29 	subdivision.

34.30 	Sec. 21. Minnesota Statutes 2006, section 97B.311, is amended to read:
34.31 	97B.311 DEER SEASONS AND RESTRICTIONS.
34.32 	(a) The commissioner may, by rule, prescribe restrictions and designate areas where 
34.33 	deer may be taken, including hunter selection criteria for special hunts established under 
35.1 	section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open 
35.2 	seasons for deer within the following periods: 
35.3 	(1) taking with firearms, other than muzzle-loading firearms, between November 1 
35.4 	and December 15;
35.5 	(2) taking with muzzle-loading firearms between September 1 and December 31; and
35.6 	(3) taking by archery between September 1 and December 31.
35.7 	(b) Notwithstanding paragraph (a), the commissioner may establish special seasons 
35.8 	within designated areas at any time of year.
35.9 	(c) Smokeless gunpowder may not be used in a muzzle-loader during the 
35.10 	muzzle-loader season.

35.11 	Sec. 22. Minnesota Statutes 2006, section 97B.405, is amended to read:
35.12 	97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
35.13 	(a) The commissioner may limit the number of persons that may hunt bear in an 
35.14 	area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
35.15 	(b) The commissioner may establish, by rule, a method, including a drawing, to 
35.16 	impartially select the hunters for an area. The commissioner shall give preference to 
35.17 	hunters that have previously applied and have not been selected.
35.18 	(c) Until December 1, 2008, notwithstanding paragraph (b), the commissioner 
35.19 	may issue up to ten additional bear hunting permits for the promotion of scientific, 
35.20 	conservation, or educational purposes.

35.21 	Sec. 23. Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:
35.22 		Subdivision 1.Information required. (a) A person may not set or place a trap or 
35.23 	snare, other than on property owned or occupied by the person, unless the following 
35.24 	information is affixed to the trap or snare in a manner that ensures that the information 
35.25 	remains legible while the trap or snare is on the lands or waters:
35.26 	(1) the number and state of the person's driver's license;
35.27 	(2) the person's Minnesota identification card number; or
35.28 	(3) the person's name and mailing address; or
35.29 	(4) the license identification number issued by the Department of Natural Resources.
35.30 	(b) The commissioner may not prescribe additional requirements for identification 
35.31 	of traps or snares.
35.32 	(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1), 
35.33 	may be the person's previously issued Minnesota driver's license number.

36.1 	Sec. 24. Minnesota Statutes 2006, section 97C.325, is amended to read:
36.2 	97C.325 PROHIBITED METHODS OF RESTRICTIONS ON TAKING FISH.
36.3 	(a) Except as specifically authorized, a person may not take fish with:
36.4 	(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or 
36.5 	other similar substances;
36.6 	(2) substances or devices that kill, stun, or affect the nervous system of fish;
36.7 	(3) nets, traps, trot lines, or snares; or
36.8 	(4) spring devices that impale, hook, or capture fish.
36.9 	(b) If a person possesses a substance or device listed in paragraph (a) on waters, 
36.10 	shores, or islands, it is presumptive evidence that the person is in violation of this section.
36.11 	(c) The commissioner may, by rule, allow the use of a nonmotorized device with a 
36.12 	recoil mechanism to take fish through the ice.
36.13 	(d) To protect water quality or improve habitat for fish or wildlife, the commissioner 
36.14 	may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of 
36.15 	water.

36.16 	Sec. 25. Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:
36.17 		Subd. 8.Confiscation of unlawful structures; civil penalty. (a) Structures on the 
36.18 	ice in violation of this section may be confiscated and disposed of, retained by the division, 
36.19 	or sold at the highest price obtainable, in a manner prescribed by the commissioner.
36.20 	(b) In addition to other penalties provided by law, the owner of a structure left on the 
36.21 	ice in violation of this section is subject to a civil penalty under section 115A.99.

36.22 	Sec. 26. Minnesota Statutes 2006, section 97C.395, subdivision 1, is amended to read:
36.23 		Subdivision 1.Dates for certain species. (a) The open seasons to take fish by 
36.24 	angling are as follows:
36.25 	(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and 
36.26 	smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend 
36.27 	to the last Sunday in February;
36.28 	(2) for lake trout, from January 1 to October 31;
36.29 	(3) for lake trout on lakes during the winter from the Saturday nearest January 1 
36.30 	to March 31;
36.31 	(4) for brown trout, brook trout, rainbow trout, and splake, between January 1 to 
36.32 	October 31 as prescribed by the commissioner by rule except as provided in section 
36.33 	97C.415, subdivision 2; and
36.34 	(4) (5) for salmon, as prescribed by the commissioner by rule.
37.1 	(b) The commissioner shall close the season in areas of the state where fish are 
37.2 	spawning and closing the season will protect the resource.

37.3 	Sec. 27. Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:
37.4 		Subdivision 1.Commercial fishing license for Lake Superior. (a) A license to 
37.5 	fish commercially in Lake Superior shall be issued to a maximum of 50 25 residents. To 
37.6 	qualify for licensing, a resident must have landed fish in the previous year with a value of 
37.7 	at least $1,500, and must have engaged in commercial fishing for at least 30 days of the 
37.8 	previous year. An applicant may be issued a license, at the discretion of the commissioner, 
37.9 	if failure to meet the requirements for the dollar value of fish landed or number of days 
37.10 	fished resulted from illness or other mitigating circumstances, or the applicant has reached 
37.11 	the age of 65 and has been licensed at least five of the previous ten years.
37.12 	(b) A license may be issued to a resident who has not previously fished commercially 
37.13 	on Lake Superior and has not been convicted of a game and fish law violation in the 
37.14 	preceding three years, if the applicant:
37.15 	(1) shows a bill of sale indicating the purchase of gear and facilities connected 
37.16 	with an existing license;
37.17 	(2) shows proof of inheritance of all the gear and facilities connected with an 
37.18 	existing license; or
37.19 	(3) has served at least two years as an apprentice in a Minnesota Lake Superior 
37.20 	licensed commercial fishing operation.

37.21 	Sec. 28. Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:
37.22 		Subd. 3.Pound nets and trap nets. Pound or trap nets may be used to take lake 
37.23 	whitefish, round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and 
37.24 	rough fish in Lake Superior, including St. Louis Bay east of the U.S. Highway 53 bridge, 
37.25 	under the rules prescribed by the commissioner.

37.26 	Sec. 29. Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:
37.27 		Subd. 8.Special permits. The commissioner may issue special permits to duly 
37.28 	licensed commercial fishing operators not exceeding 20 in number, for the purpose 
37.29 	of taking lake trout, ciscoes, and lake whitefish spawn during the closed season for the 
37.30 	propagation of trout in Lake Superior and adjacent waters under rules prescribed by the 
37.31 	commissioner.

38.1 	Sec. 30. [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED 
38.2 	ASSESSMENT HARVEST.
38.3 	Until September 30, 2012, the commissioner shall provide for taking of lake trout by 
38.4 	licensed commercial operators in Lake Superior management zones MN-3 and MN-2 for 
38.5 	expanded assessment and sale. The commissioner shall authorize expanded assessment 
38.6 	taking and sale of lake trout in Lake Superior management zone MN-3 beginning in 2007 
38.7 	and zone MN-2 beginning in 2010. Total assessment taking and sale may not exceed 
38.8 	3,000 lake trout in zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when 
38.9 	necessary to protect the lake trout population or to manage the effects of invasive species 
38.10 	or fish disease. Taking lake trout for expanded assessment and sale shall be allowed from 
38.11 	June 1 to September 30, but may end earlier in the respective zones if the quotas are 
38.12 	reached. The commissioner shall establish slot limits for fish taken under this section. The 
38.13 	quotas must be reassessed at the expiration of the current ten-year Fisheries Management 
38.14 	Plan for the Minnesota Waters of Lake Superior dated September, 2006.

38.15 	Sec. 31. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
 38.16 	(a) The following area is established and designated as the Vermillion Highlands 
38.17 	Wildlife Management Area, subject to the special permitted uses authorized in this section:
38.18 	The approximately 2,840 acres owned by the University of Minnesota lying within 
38.19 	the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of 
38.20 	Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the 
38.21 	West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range 
38.22 	19 West, Dakota County.
38.23 	(b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph 
38.24 	(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
38.25 	(1) education, outreach, and agriculture;
38.26 	(2) research by the University of Minnesota or other permitted researchers;
38.27 	(3) hunting, fishing, trapping, and other compatible wildlife-related recreation and 
38.28 	supporting management and improvements;
38.29 	(4) designated trails for hiking, horseback riding, biking, and cross-country skiing 
38.30 	and necessary trailhead support;
38.31 	(5) shooting sports facilities for firearms training, small and large caliber shooting, 
38.32 	archery, and skeet and trap shooting;
38.33 	(6) grant-in-aid snowmobile trails; and
38.34 	(7) leases for small-scale farms to market vegetable farming.
39.1 	(c) With the concurrence of representatives of the University of Minnesota and 
39.2 	Dakota County, the commissioner of natural resources may, by posting or rule, restrict the 
39.3 	permitted uses as follows:
39.4 	(1) temporarily close areas or trails, by posting at the access points, to facilitate 
39.5 	hunting. When temporarily closing trails under this clause, the commissioner shall avoid 
39.6 	closing all trail loops simultaneously whenever practical; or
39.7 	(2) limit other permitted uses to accommodate hunting and trapping after providing 
39.8 	advance public notice. Research conducted by the university may not be limited unless 
39.9 	mutually agreed by the commissioner and the University of Minnesota.
39.10 	(d) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state 
39.11 	of Minnesota shall not provide payments in lieu of taxes for the lands described in 
39.12 	paragraph (a).

39.13 	Sec. 32. RULE AMENDMENTS.
 39.14 	The commissioner of natural resources may use the good cause exemption under 
39.15 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform 
39.16 	to sections 29 to 32. Minnesota Statutes, section 14.386, does not apply to the rulemaking 
39.17 	under this section except to the extent provided under Minnesota Statutes, section 14.388.

39.18 	Sec. 33. ACCESS TO MINNESOTA OUTDOORS PLAN.
 39.19 		Subdivision 1.Walk-in access plan. (a) The commissioner of natural resources 
39.20 	shall prepare a plan for walk-in public access under which the commissioner may 
39.21 	encourage owners and operators of privately held land to voluntarily make that land 
39.22 	available for walk-in access by the public for hunting and fishing under programs 
39.23 	administered by the commissioner.
39.24 	(b) As part of the plan, the commissioner shall explore entering into contracts with 
39.25 	the owners or lessees of land to establish voluntary walk-in public access for hunting, 
39.26 	fishing, or other wildlife-dependent recreational activities.
39.27 	(c) In the plan, the commissioner must describe:
39.28 	(1) the benefits that private land will provide the public, such as hunting, fishing, 
39.29 	bird watching, and related outdoor activities; and 
39.30 	(2) the types of game, fish, and wildlife habitat improvements made to the land that 
39.31 	will enhance public uses.
39.32 	(d) The commissioner shall explore walk-in public access programs in other states 
39.33 	and recommend a walk-in program for public access to private lands for hunting, fishing, 
39.34 	and related recreational activities. 
40.1 		Subd. 2.Preemption. Nothing in the plan may preempt trespass or liability laws.
40.2 		Subd. 3.Report. By January 15, 2008, the commissioner must present the 
40.3 	walk-in public access plan to the house of representatives and senate committees with 
40.4 	jurisdiction over natural resources policy and finance, with recommendations on program 
40.5 	implementation.

40.6 	Sec. 34. CORMORANT DIETARY STUDY.
 40.7 	The Department of Natural Resources shall conduct a dietary study of the cormorant 
40.8 	population on Lake of the Woods, in consultation with local units of governments 
40.9 	bordering Lake of the Woods. The cost of the study shall be paid by local units of 
40.10 	government associated with the study.

40.11 	Sec. 35.  REPEALER.
 40.12 	Minnesota Statutes 2006, sections 97A.475, subdivision 38; and 97C.365, are 
40.13 	repealed.

40.14 	ARTICLE 4
40.15 	STATE LANDS

40.16 	Section 1. Minnesota Statutes 2006, section 84.0272, subdivision 3, is amended to read:
40.17 		Subd. 3.Minimal value acquisition. (a) Notwithstanding subdivision 1, if the 
40.18 	commissioner determines that lands or interests in land have a value less than $5,000
40.19 	$100,000, the commissioner may acquire the lands for the value determined by the 
40.20 	commissioner without an appraisal. The commissioner shall make the determination based 
40.21 	upon available information including, but not limited to:
40.22 	(1) the most recent assessed market value of the land or interests in land as 
40.23 	determined by the county assessor of the county in which the land or interests in land 
40.24 	is located;
40.25 	(2) a sale price of the land or interests in land, provided the sale occurred within 
40.26 	the past year;
40.27 	(3) the sale prices of comparable land or interests in land located in the vicinity 
40.28 	and sold within the past year; or
40.29 	(4) an appraisal of the land or interests in land conducted within the past year.
40.30 	(b) In the event the value is minimal less than $1,000, the commissioner may add a 
40.31 	transaction incentive, provided that the sum of the incentive plus the value of the land 
40.32 	does not exceed $1,000.

41.1 	Sec. 2. Minnesota Statutes 2006, section 84.0274, subdivision 5, is amended to read:
41.2 		Subd. 5.Owner's rights. When the state proposes to purchase in fee or any lesser 
41.3 	interest in land which will be administered by the commissioner of natural resources, the 
41.4 	landowner shall have the following rights:
41.5 	(a) The right to be informed of the specific intended use of the property and of any 
41.6 	change in the intended use of the property which occurs during the acquisition process. 
41.7 	The owner shall also be informed that the documents regarding the purchase will be public 
41.8 	records if the land is purchased by the state;
41.9 	(b) The right to be paid a fair price for the property. The price shall include the 
41.10 	fair market value of the land plus:
41.11 	(1) All necessary incidental costs such as abstracting and recording fees related 
41.12 	to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not 
41.13 	reimbursable; and
41.14 	(2) Any penalties incurred by the owner where the property is security for a loan 
41.15 	or advance of credit that contains a provision requiring or permitting the imposition of a 
41.16 	penalty if the loan or advance of credit is prepaid;
41.17 	(c) The right to payment, at the owner's election, in a lump sum or in up to four 
41.18 	annual installments;
41.19 	(d) The right to have the property fairly appraised by the state. The state's appraiser 
41.20 	shall physically inspect the property and shall allow the owner alongthe owner shall be 
41.21 	allowed to accompany the appraiser when the appraisal is made. The state's appraiser shall 
41.22 	certify in the appraisal report to having physically inspected the property and having 
41.23 	given the landowner an opportunity to go alongaccompany the appraiser on inspections. 
41.24 	Notwithstanding section 13.44, subdivision 3, before an offer is made,  the landowner 
41.25 	shall be given a resume of the state's certified appraisal. The resume shall include the 
41.26 	appraiser's conclusions as to value, acreage and type of land, value of buildings and 
41.27 	other improvements, value of timber, special damages and any special elements of value
41.28 	informed of the value determined pursuant to section 84.0272;
41.29 	(e) The right to retain a qualified independent appraiser to conduct an appraisal at any 
41.30 	time prior to certification of the state's appraisal of the property and to be reimbursed for 
41.31 	appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state 
41.32 	and to have that appraisal considered along with the state's in certifying the selling price; 
41.33 	(f) The right to have the state acquire the property by means of condemnation upon 
41.34 	the owner's request with the agreement of the commissioner;
41.35 	(g) The right to receive or waive relocation assistance, services, payments and 
41.36 	benefits as provided in sections 117.52 and 117.521; 
42.1 	(h) The right to accept the state's offer for the property and contest the state's offer 
42.2 	for relocation and moving expenses;
42.3 	(i) The right to continue occupancy of the property until full payment is received, 
42.4 	provided that when the owner elects to receive payment in annual installments pursuant to 
42.5 	clause (c), the owner may retain occupancy until the first payment is made; and
42.6 	(j) The right to seek the advice of counsel regarding any aspect of the land 
42.7 	transaction.

42.8 	Sec. 3. Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision 
42.9 	to read:
42.10 		Subd. 11b. Greenleaf Lake State Recreation Area, which is hereby renamed from 
42.11 	Greenleaf Lake State Park.

42.12 	Sec. 4. Minnesota Statutes 2006, section 89.55, is amended to read:
42.13 	89.55 INFESTATION CONTROL, COSTS.
42.14 	Upon the establishment of the zone of infestation, the commissioner may apply 
42.15 	measures of infestation control on public and private forest and other lands within such
42.16 	an infected zone and to any trees, timber, plants or, shrubs thereon, or contaminated soil
42.17 	harboring or which may harbor the forest pests. For this purpose, the duly authorized 
42.18 	representatives of the commissioner are authorized to enter upon any lands, public or 
42.19 	private within such zone. The commissioner may enter into agreements with owners of the 
42.20 	lands in the zone covering the control work on their lands, and fixing the pro rata basis on 
42.21 	which the cost of such the work will be shared between the commissioner and said owner.

42.22 	Sec. 5. [89.551] APPROVED FIREWOOD REQUIRED.
42.23 	(a) After the commissioner issues an order under paragraph (b), a person may not 
42.24 	possess firewood on land administered by the commissioner of natural resources unless 
42.25 	the firewood:
42.26 	(1) was obtained from a firewood distribution facility located on land administered 
42.27 	by the commissioner;
42.28 	(2) was obtained from a firewood dealer who is selling firewood that is approved by 
42.29 	the commissioner under paragraph (b); or
42.30 	(3) has been approved by the commissioner of natural resources under paragraph (b).
42.31 	(b) The commissioner of natural resources shall, by written order published 
42.32 	in the State Register, approve firewood for possession on lands administered by the 
43.1 	commissioner. The order is not subject to the rulemaking provisions of chapter 14 and 
43.2 	section 14.386 does not apply.
43.3 	(c) A violation under this section is subject to confiscation of firewood and after 
43.4 	May 1, 2008, a petty misdemeanor penalty.
43.5 	(d) For the purposes of this section, "firewood" means any wood that is intended for 
43.6 	use in a campfire, as defined in section 88.01, subdivision 25.

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

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

43.17 	Sec. 7. Laws 2006, chapter 236, article 1, section 21, is amended to read:
43.18 	Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 
43.19 	ITASCA COUNTY.
 43.20 	(a) For the purpose of a land exchange for use in connection with a proposed 
43.21 	steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 
43.22 	subdivision 3, title examination and approval of the land described in paragraph (b) 
43.23 	shall be undertaken as a condition of exchange of the land for class B land, and shall be 
43.24 	governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions 
43.25 	of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 
43.26 	section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 
43.27 	reports or title insurance commitments prepared or underwritten by a title insurer licensed 
43.28 	to conduct title insurance business in this state, regardless of whether abstracts were 
43.29 	created or updated in the preparation of the title reports or commitments. The opinion of 
43.30 	the county attorney, and approval by the attorney general, shall be based on those title 
43.31 	reports or commitments.
43.32 	(b) The land subject to this section is located in Itasca County and is described as:
43.33 	(1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 
43.34 	56 North, Range 22 West;
44.1 	(2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
44.2 	(3) Section 30, Township 57 North, Range 22 West; and
44.3 	(4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
44.4 	(c) Riparian land given in exchange by Itasca County for the purpose of the steel 
44.5 	mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 
44.6 	Statutes, section 94.342, subdivision 3.
44.7 	(d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
44.8 	and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 
44.9 	by private sale, any land received in exchange for the purpose of the steel mill referenced 
44.10 	in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 
44.11 	sale must be in a form approved by the attorney general.
44.12 	(e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other 
44.13 	law to the contrary, land acquired through an exchange under this section is exempt from 
44.14 	payment of three percent of the sales price required to be collected by the county auditor 
44.15 	at the time of sale for deposit in the state treasury.

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

44.17 	Sec. 8. ADDITIONS TO STATE PARKS.
 44.18 		Subdivision 1.[85.012] [Subd. 16.] Flandrau State Park, Brown County. The 
44.19 	following area is added to Flandrau State Park, Brown County: that part of Lot 2, Block 
44.20 	One, Conklin Addition in the city of New Ulm, Brown County, Minnesota, according to the 
44.21 	plat of record in the Office of the County Recorder, Brown County, Minnesota, described 
44.22 	as follows: beginning at the southerly most corner of Lot 2, Block One, Conklin Addition 
44.23 	in the city of New Ulm, Brown County, Minnesota; thence North 55 degrees 29 minutes 
44.24 	26 seconds East (assumed bearing) along the southeasterly line of said Lot 2 a distance of 
44.25 	107.92 feet; thence South 60 degrees 45 minutes 57 seconds West a distance of 102.48 feet 
44.26 	to the westerly line of Lot 2; thence South 02 degrees 33 minutes 23 seconds East along 
44.27 	said westerly line of Lot 2 a distance of 11.10 feet to the point of beginning; containing 
44.28 	508 square feet, more or less, and subject to easements of record in said County and State.
44.29 		Subd. 2.[85.012] [Subd. 59.] Whitewater State Park, Winona County. The 
44.30 	following area is added to Whitewater State Park, Winona County: that part of the 
44.31 	Southeast Quarter of Section 18, Township 107 North, Range 10 West, Winona County, 
44.32 	Minnesota, described as follows: commencing at the southwest corner of the Northwest 
44.33 	Quarter of Section 17, Township 107 North, Range 10 West; thence on an assumed 
44.34 	bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said 
44.35 	Northwest Quarter, 303.04 feet; thence continue South 89 degrees 26 minutes 39 seconds 
45.1 	East along said south line 1327.79 feet; thence South 00 degrees 33 minutes 21 seconds 
45.2 	West, 300.00 feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said 
45.3 	south line, 1027.83 feet; thence South 00 degrees 33 minutes 21 seconds West, 300.00 
45.4 	feet; thence North 89 degrees 26 minutes 39 seconds West parallel with said south line, 
45.5 	597 feet, more or less, to the intersection with the east line of the Southeast Quarter of said 
45.6 	Section 18 being also the POINT OF BEGINNING; thence North 89 degrees 26 minutes 
45.7 	39 seconds West parallel with said south line, 330 feet, more or less, to the centerline of a 
45.8 	township road; thence North 16 degrees 01 minutes 55 seconds West along said centerline, 
45.9 	170.44 feet; thence northwesterly along said centerline on a tangential curve concave 
45.10 	southwesterly, having a central angle of 10 degrees 57 minutes 52 seconds, radius of 
45.11 	2426.00 feet, for an arc length of 464.25 feet to the north line of said Southeast Quarter of 
45.12 	Section 18; thence North 89 degrees 48 minutes 48 seconds East along the north line of 
45.13 	said Southeast Quarter, 547.06 feet to the southwest corner of said Northwest Quarter; 
45.14 	thence South 00 degrees East, a distance of 600 feet, more or less, along the said east line 
45.15 	to the POINT OF BEGINNING. Containing 5.78 acres, more or less.

45.16 	Sec. 9. DELETIONS FROM STATE PARKS.
 45.17 	[85.012] [Subd. 16.] Flandrau State Park, Brown County. The following area is 
45.18 	deleted from Flandrau State Park, Brown County: that part of Outlot 293 in the city of 
45.19 	New Ulm, according to the Plat of the City of New Ulm, of record in the Office of the 
45.20 	County Recorder, Brown County, Minnesota, described as follows: commencing at the 
45.21 	southerly most corner of Lot 2, Block One, Conklin Addition in the city of New Ulm, 
45.22 	Brown County, Minnesota; thence North 55 degrees 29 minutes 26 seconds East (assumed 
45.23 	bearing), along the southeasterly line of said Lot 2, a distance of 107.92 feet to the point of 
45.24 	beginning; thence continuing North 55 degrees 29 minutes 26 seconds East, along said 
45.25 	southerly line of Lot 2, a distance of 80.95 feet, to the easterly most corner of said Lot 2; 
45.26 	thence South 19 degrees 33 minutes 58 seconds East, along the southeasterly prolongation 
45.27 	of the easterly line of said Lot 2, a distance of 10.0 feet; thence South 62 degrees 31 
45.28 	minutes 07 seconds West, 78.97 feet to the point of beginning, containing 391 square feet, 
45.29 	more or less, and subject to easement of record in said county and state.

45.30 	Sec. 10. GREENLEAF LAKE STATE RECREATION AREA.
 45.31 		Subdivision 1. [85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area.
 45.32 	In addition to the lands designated under Laws 2003, First Special Session chapter 13, 
45.33 	section 6, as amended by Laws 2004, chapter 262, article 2, section 10, the following lands 
45.34 	are added to the Greenleaf Lake State Recreation Area:
46.1 	(1) the West 1104.98 feet of Government Lot 4, Section 21, Township 118 North, Range 
46.2 	30 West, Meeker County, Minnesota; and
46.3 	(2) that part of Government Lot 7 of Section 20, Township 118, Range 30, which lies 
46.4 	south of the following described line and its extensions: said line commencing at the 
46.5 	southwest corner of said Section 20; thence on an assumed bearing of North 08 degrees 
46.6 	22 minutes 44 seconds West, along the west line of said section, a distance of 1350.00 
46.7 	feet to the point of beginning of the line to be described; thence North 88 degrees 28 
46.8 	minutes 35 seconds East, a distance of 699 feet to the shoreline of Greenleaf Lake and 
46.9 	said line terminating thereat; and Government Lot 8 of said section except the following 
46.10 	described tract: said tract being that part of said Government Lot 8 lying east of the 
46.11 	following described line: said line commencing at the southwest corner of said section; 
46.12 	thence easterly, along the south line of said section, a distance of 734.60 feet to the point 
46.13 	of beginning of the line to be described; thence north at a right angle, a distance of 100 
46.14 	feet and said line terminating thereat.
46.15 		Subd. 2.Management plan. The commissioner of natural resources, in 
46.16 	consultation with local elected officials and citizens of Meeker County and other 
46.17 	interested stakeholders, shall develop a comprehensive management plan that provides for 
46.18 	opportunities for outdoor recreation, as defined under Minnesota Statutes, section 86A.03, 
46.19 	subdivision 3, in Greenleaf Lake State Recreation Area. The completed management plan 
46.20 	shall serve as the master plan for purposes of Minnesota Statutes, section 86A.09.

46.21 	Sec. 11. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
46.22 	WATER; AITKIN COUNTY.
 46.23 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
46.24 	resources may sell by public sale the surplus land bordering public water that is described 
46.25 	in paragraph (c). 
46.26 	(b) The conveyance must be in a form approved by the attorney general. The 
46.27 	attorney general may make necessary changes to the legal description to correct errors 
46.28 	and ensure accuracy. 
46.29 	(c) The land that may be sold is located in Aitkin County and is described as follows:
46.30 	(1) Government Lot 3, Section 24, Township 50 North, Range 25 West, containing 
46.31 	5.8 acres, more or less; and 
46.32 	(2) Government Lot 4, Section 24, Township 50 North, Range 25 West, containing 
46.33 	0.9 acres, more or less.
47.1 	(d) The land borders the Willow River and is not contiguous to other state lands. 
47.2 	The Department of Natural Resources has determined that the land is not needed for 
47.3 	natural resource purposes.

47.4 	Sec. 12. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
47.5 	WATER; AITKIN COUNTY.
 47.6 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
47.7 	resources may sell by public sale the surplus land bordering public water that is described 
47.8 	in paragraph (c). 
47.9 	(b) The conveyance must be in a form approved by the attorney general. The 
47.10 	attorney general may make necessary changes to the legal description to correct errors 
47.11 	and ensure accuracy. 
47.12 	(c) The land that may be sold is located in Aitkin County and is described as 
47.13 	follows: Government Lot 2, Section 8, Township 48 North, Range 25 West, containing 
47.14 	34.6 acres, more or less.
47.15 	(d) The land borders Gun Lake. The Department of Natural Resources has 
47.16 	determined that school trust management interests would best be served if the land was 
47.17 	sold.

47.18 	Sec. 13. PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND 
47.19 	BORDERING PUBLIC WATER; AITKIN COUNTY.
 47.20 	(a) Notwithstanding Minnesota Statutes, section 92.45, and the classification 
47.21 	provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by 
47.22 	public sale the consolidated conservation land bordering public water that is described in 
47.23 	paragraph (c).
47.24 	(b) The conveyance must be in a form approved by the attorney general. The 
47.25 	attorney general may make necessary changes to the legal description to correct errors 
47.26 	and ensure accuracy. 
47.27 	(c) The land that may be sold is located in Aitkin County and is described as 
47.28 	follows: Government Lot 1, Section 7, Township 47 North, Range 26 West, containing 
47.29 	1.25 acres, more or less.
47.30 	(d) The land borders the Mississippi River and is not contiguous to other state lands. 
47.31 	The Department of Natural Resources has determined that the land is not needed for 
47.32 	natural resource purposes.

48.1 	Sec. 14. PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; 
48.2 	AITKIN COUNTY.
 48.3 	(a) Notwithstanding the classification and public sale provisions of Minnesota 
48.4 	Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private 
48.5 	sale the consolidated conservation land that is described in paragraph (c).
48.6 	(b) The conveyance must be in a form approved by the attorney general. The 
48.7 	attorney general may make necessary changes to the legal description to correct errors 
48.8 	and ensure accuracy. The consideration for the conveyance must be for no less than the 
48.9 	appraised value of the land and timber and survey costs. Proceeds shall be disposed of 
48.10 	according to Minnesota Statutes, chapter 84A. 
48.11 	(c) The land that may be sold is located in Aitkin County and is described as follows: 
48.12 	the North 370 feet of the East 590 feet of the Southeast Quarter of the Northeast Quarter, 
48.13 	Section 24, Township 48 North, Range 24 West, containing 5.0 acres, more or less.
48.14 	(d) The land will be sold "as is" to the current leaseholder who will assume 
48.15 	responsibility for any site cleanup needed due to the use of the land for a concrete plant by 
48.16 	the previous leaseholder. The Department of Natural Resources has determined that the 
48.17 	land is not needed for natural resource purposes.

48.18 	Sec. 15. PUBLIC SALE OF CONSOLIDATED CONSERVATION LAND; 
48.19 	AITKIN COUNTY.
 48.20 	(a) Notwithstanding the classification provisions of Minnesota Statutes, chapters 
48.21 	84A and 282, Aitkin County may sell by public sale the consolidated conservation land 
48.22 	that is described in paragraph (c).
48.23 	(b) The conveyance must be in a form approved by the attorney general. The 
48.24 	attorney general may make necessary changes to the legal description to correct errors 
48.25 	and ensure accuracy. 
48.26 	(c) The land that may be sold is located in Aitkin County and is described as follows: 
48.27 	the Northeast Quarter of the Northeast Quarter, Section 21, Township 47 North, Range 26 
48.28 	West, containing 40 acres, more or less.
48.29 	(d) The land is not contiguous to other state lands. The Department of Natural 
48.30 	Resources has determined that the land is not needed for natural resource purposes.

48.31 	Sec. 16. CONVEYANCE OF SURPLUS STATE LAND BORDERING PUBLIC 
48.32 	WATER; BELTRAMI COUNTY.
 49.1 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
49.2 	commissioner of natural resources may convey to a governmental subdivision of the state 
49.3 	for no payment the surplus land bordering public water that is described in paragraph (c).
49.4 	(b) The conveyance must be in a form approved by the attorney general. The 
49.5 	attorney general may make necessary changes to the legal description to correct errors 
49.6 	and ensure accuracy. The conveyance must provide that the land described in paragraph 
49.7 	(c) be used for the public and reverts to the state if the governmental subdivision fails to 
49.8 	provide for public use or abandons the public use of the land.
49.9 	(c) The land that may be conveyed is located in Beltrami County and is described as 
49.10 	follows: that part of Government Lot 3, Section 4, Township 146 North, Range 34 West, 
49.11 	described as follows: starting from meander corner number 4, which is located on the 
49.12 	north section line of Section 4, Township 146 North, Range 34 West, 1518.0 feet in an 
49.13 	easterly direction from the northwest corner of said section; thence South 16 degrees 17 
49.14 	minutes East a distance of 131.6 feet; thence South 46 degrees 35 minutes East a distance 
49.15 	of 206.8 feet; thence South 6 degrees 37 minutes East a distance of 89.4 feet; thence South 
49.16 	14 degrees 32 minutes East a distance of 139.0 feet; thence South 10 degrees 34 minutes 
49.17 	West a distance of 221.5 feet; thence South 83 degrees 46 minutes West a distance of 
49.18 	178.5 feet to the starting point; thence South 47 degrees 15 minutes West a distance of 
49.19 	275.0 feet; thence South 38 degrees 53 minutes East a distance of 285.7 feet; thence North 
49.20 	61 degrees 27 minutes East a distance of 122.0 feet; thence North 73 degrees 47 minutes 
49.21 	East a distance of 300.0 feet; thence North 12 degrees 40 minutes West a distance of 37.6 
49.22 	feet; thence North 20 degrees 30 minutes West a distance of 113.5 feet; thence North 51 
49.23 	degrees 15 minutes West a distance of 320.7 feet; thence South 38 degrees 15 minutes 
49.24 	West a distance of 116.8 feet to the starting point, containing 3.5 acres, more or less.
49.25 	(d) The land borders Grant Lake and is not contiguous to other state lands. The land 
49.26 	was donated to the state for use as a public campground and is used by local residents 
49.27 	as a day-use park. The Department of Natural Resources has determined that the state's 
49.28 	land management interests would best be served if the land were conveyed to a local 
49.29 	unit of government.

49.30 	Sec. 17. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
49.31 	WATER; CASS COUNTY.
 49.32 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
49.33 	commissioner of natural resources may sell by private sale the surplus land bordering 
49.34 	public water that is described in paragraph (c).
50.1 	(b) The conveyance must be in a form approved by the attorney general. The 
50.2 	attorney general may make necessary changes to the legal description to correct errors and 
50.3 	ensure accuracy. The commissioner may sell the land to the Leech Lake Band of Ojibwe 
50.4 	for less than the value of the land as determined by the commissioner, but the conveyance 
50.5 	must provide that the land be used for the public and reverts to the state if the band fails 
50.6 	to provide for public use or abandons the public use of the land. The commissioner 
50.7 	may include conservation restrictions in the conveyance deed to ensure the property is 
50.8 	maintained as open space.
50.9 	(c) The land that may be sold is located in Cass County and is described as follows: 
50.10 	(1) Government Lot 3, Section 14, Township 142 North, Range 29 West, containing 
50.11 	35.54 acres, more or less; and 
50.12 	(2) Government Lot 6, Section 14, Township 142 North, Range 29 West, containing 
50.13 	2.06 acres, more or less.
50.14 	(d) The land is located on Bear Island in Leech Lake and is not contiguous to other 
50.15 	state lands. The Department of Natural Resources has determined that the land is not 
50.16 	needed for natural resource purposes.

50.17 	Sec. 18. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
50.18 	WATER; CASS COUNTY.
 50.19 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
50.20 	commissioner of natural resources may sell by private sale the surplus land bordering 
50.21 	public water that is described in paragraph (c).
50.22 	(b) The conveyance must be in a form approved by the attorney general. The 
50.23 	attorney general may make necessary changes to the legal description to correct errors 
50.24 	and ensure accuracy.
50.25 	(c) The land that may be sold is located in Cass County and is described as follows: 
50.26 	that part of Government Lot 7, Section 28, Township 142 North, Range 26 West, described 
50.27 	as follows: commencing at the south quarter corner of said Section 28, from which the 
50.28 	southwest corner of said Section 28 bears, based on the Cass County Coordinate System of 
50.29 	NAD 1983, South 89 degrees 44 minutes 53 seconds West, 2775.06 feet; thence North 52 
50.30 	degrees 48 minutes 53 seconds West, 1326.13 feet to the southeast corner of that particular 
50.31 	tract of land conveyed to the state of Minnesota and filed for record on November 9, 1961, 
50.32 	in Book 121 of Deeds, Page 598, and to a railroad spike on the centerline of County 
50.33 	State-Aid Highway 4; thence North 52 degrees 12 minutes 27 seconds West, 221.06 
50.34 	feet along the southwesterly line of said particular tract of land conveyed to the state of 
50.35 	Minnesota and the centerline of County State-Aid Highway 4 to a spike; thence North 
51.1 	51 degrees 01 minutes 41 seconds West, 111.72 feet along the southwesterly line of said 
51.2 	particular tract of land conveyed to the state of Minnesota and the centerline of County 
51.3 	State-Aid Highway 4 to a mag nail and the point of beginning of the land to be described; 
51.4 	thence continuing North 51 degrees 01 minutes 41 seconds West, 41.42 feet along the 
51.5 	southwesterly line of said particular tract of land conveyed to the state of Minnesota and 
51.6 	the centerline of County State-Aid Highway 4 to a mag nail; thence North 13 degrees 19 
51.7 	minutes 36 seconds East, 144.63 feet to a 3/4" x 24" rebar with plastic cap stamped "MN 
51.8 	DNR LS 17005" (DNR MON); thence continuing North 13 degrees 19 minutes 36 seconds 
51.9 	East, 5 feet, more or less, to the water's edge of Little Sand Lake; thence southeasterly, a 
51.10 	distance of 50 feet, more or less, along said water's edge to a line which bears North 13 
51.11 	degrees 19 minutes 36 seconds East from the point of beginning; thence South 13 degrees 
51.12 	19 minutes 36 seconds West, 5 feet, more or less, to a DNR MON, thence continuing 
51.13 	South 13 degrees 19 minutes 36 seconds West, 129.22 feet to the point of beginning and 
51.14 	there terminating. Containing 0.12 acres, more or less, subject to existing road easements.
51.15 	(d) The land is located on Little Sand Lake. The sale will be to the adjoining 
51.16 	landowner in conjunction with an acquisition to resolve an unintentional trespass by the 
51.17 	state which occurred when the Department of Natural Resources constructed a water 
51.18 	access site.

51.19 	Sec. 19. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
51.20 	WATER; COOK COUNTY.
 51.21 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
51.22 	resources may sell by public sale the surplus land bordering public water that is described 
51.23 	in paragraph (c).
51.24 	(b) The conveyance must be in a form approved by the attorney general. The 
51.25 	attorney general may make necessary changes to the legal description to correct errors 
51.26 	and ensure accuracy.
51.27 	(c) The land that may be sold is located in Cook County and is described as follows: 
51.28 	the Northwest Quarter of the Northeast Quarter, Section 33, Township 63 North, Range 
51.29 	3 East, containing 40 acres, more or less. 
51.30 	(d) The land borders Mons Creek and was acquired in a land exchange in 2003. The 
51.31 	Department of Natural Resources has determined that school trust management interests 
51.32 	would best be served if the land was sold.

51.33 	Sec. 20. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
51.34 	WATER; COOK COUNTY.
 52.1 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
52.2 	resources may sell by public sale the surplus land bordering public water that is described 
52.3 	in paragraph (c).
52.4 	(b) The conveyance must be in a form approved by the attorney general. The 
52.5 	attorney general may make necessary changes to the legal description to correct errors 
52.6 	and ensure accuracy. 
52.7 	(c) The land that may be sold is located in Cook County and is described as follows:
52.8 	(1) Outlot A & Caribou Backlot, Cook County. Outlot A of White Sky, according to 
52.9 	the plat on file and of record in the Office of the Recorder for Cook County, Minnesota, 
52.10 	containing 0.74 acres, more or less; and 
52.11 	(2) that part of Government Lot 4, Section 2, Township 60 North, Range 3 West, 
52.12 	lying northerly of Cook County Road 4, southerly of the plat of White Sky, and westerly 
52.13 	of Lot 1, Block 1 of White Sky First Addition, according to the plats on file and of record 
52.14 	in the Office of the Recorder for Cook County, containing 1.02 acres, more or less.
52.15 	(d) The land borders Caribou Lake. The Department of Natural Resources has 
52.16 	determined that school trust management interests would best be served if the lands were 
52.17 	sold.

52.18 	Sec. 21. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
52.19 	WATER; COOK COUNTY.
 52.20 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
52.21 	resources may sell by public sale the surplus land bordering public water that is described 
52.22 	in paragraph (c). 
52.23 	(b) The conveyance must be in a form approved by the attorney general. The 
52.24 	attorney general may make necessary changes to the legal description to correct errors 
52.25 	and ensure accuracy. 
52.26 	(c) The land that may be sold is located in Cook County and is described as follows: 
52.27 	that part of Government Lot 10, Section 35, Township 65 North, Range 1 West, more fully 
52.28 	described as follows: being the easterly 863.9 feet of Government Lot 10, EXCEPT the 
52.29 	southerly 40.3 feet thereof. The west and south boundary lines being perpendicular to 
52.30 	and parallel with the south boundary of Government Lot 10, respectively. Containing 
52.31 	3.3 acres, more or less.
52.32 	(d) The land borders West Bearskin Lake, was acquired in a land exchange in 
52.33 	2000, and is not contiguous to other state lands. The Department of Natural Resources 
52.34 	has determined that school trust management interests would best be served if the land 
52.35 	was sold.

53.1 	Sec. 22. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
 53.2 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
53.3 	of natural resources may sell by private sale to a governmental subdivision the surplus 
53.4 	land that is described in paragraph (c). 
53.5 	(b) The conveyance must be in a form approved by the attorney general. The 
53.6 	attorney general may make necessary changes to the legal description to correct errors and 
53.7 	ensure accuracy. The commissioner may sell the land to a governmental subdivision of 
53.8 	the state for less than the value of the land as determined by the commissioner, but the 
53.9 	conveyance must provide that the land described in paragraph (c) be used for the public 
53.10 	and reverts to the state if the governmental subdivision fails to provide for public use 
53.11 	or abandons the public use of the land. The commissioner may include conservation 
53.12 	restrictions in the conveyance deed to ensure the property is maintained as open space.
53.13 	(c) The land that may be sold is located in Hennepin County and is described 
53.14 	as follows: 
53.15 	(1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North, 
53.16 	Range 22 West, less road right-of-way, containing 39 acres, more or less;
53.17 	(2) the east six and two-thirds acres of the West Half of the Southeast Quarter 
53.18 	of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road 
53.19 	right-of-way, containing 6.67 acres, more or less; and 
53.20 	(3) the West Quarter of the East Half of the Southeast Quarter of the Southwest 
53.21 	Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way, 
53.22 	containing 4.87 acres, more or less. 
53.23 	(d) The land was conveyed to the state for wild game reservation purposes. Due 
53.24 	to adjacent residential use and local zoning restrictions, the land is no longer available 
53.25 	for hunting purposes. The Department of Natural Resources has determined that the 
53.26 	state's land management interests would best be served if the lands were conveyed to a 
53.27 	local unit of government.

53.28 	Sec. 23. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
53.29 	WATER; HENNEPIN COUNTY.
 53.30 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
53.31 	commissioner of natural resources may sell by private sale to a governmental subdivision 
53.32 	the surplus land bordering public water that is described in paragraph (c).
53.33 	(b) The conveyance must be in a form approved by the attorney general. The 
53.34 	attorney general may make necessary changes to the legal description to correct errors and 
53.35 	ensure accuracy. The commissioner may sell the land to a governmental subdivision of 
54.1 	the state for less than the value of the land as determined by the commissioner, but the 
54.2 	conveyance must provide that the land described in paragraph (c) be used for the public 
54.3 	and reverts to the state if the governmental subdivision fails to provide for public use or 
54.4 	abandons the public use of the land.
54.5 	(c) The land that may be sold is located in Hennepin County and is described as 
54.6 	follows: all that part of the Northwest Quarter of the Southwest Quarter and Government 
54.7 	Lot 2, Section 25, Township 120 North, Range 22 West, lying north and westerly of the 
54.8 	following described line: beginning at a point on the west line of said section 830.19 feet 
54.9 	South of the west 1/4 corner thereof; thence North 36 degrees 55 minutes East, 109.88 
54.10 	feet; thence North 00 degrees 00 minutes, 1217.3 feet more or less to the water's edge of 
54.11 	Haydens Lake. Subject to existing road easements. Containing 1.9 acres, more or less.
54.12 	(d) The land was purchased by the state for a water access site but has never been 
54.13 	used as a water access site. The Department of Natural Resources has determined that 
54.14 	the state's land management interests would best be served if the land was conveyed to a 
54.15 	local unit of government.

54.16 	Sec. 24. PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND 
54.17 	BORDERING PUBLIC WATER; KITTSON COUNTY.
 54.18 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
54.19 	commissioner of natural resources may sell by public or private sale the surplus land 
54.20 	bordering public water that is described in paragraph (c).
54.21 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
54.22 	general may make necessary changes to the legal description to correct errors and ensure 
54.23 	accuracy. The commissioner may sell the land to a governmental subdivision of the state 
54.24 	for less than the value of the land as determined by the commissioner, but the conveyance 
54.25 	must provide that the land be used for the public and reverts to the state if the governmental 
54.26 	subdivision fails to provide for public use or abandons the public use of the land.
54.27 	(c) The land that may be sold is located in Kittson County and is described as follows:
54.28 	(1) Parcel 1: Lot 7, Block 4, Park Addition to Bronson, lying in the Southwest 
54.29 	Quarter of the Southwest Quarter, Section 30, Township 161 North, Range 46 West, 
54.30 	containing 0.92 acres, more or less; 
54.31 	(2) Parcel 2: that part of Lots 5 and 6, Block 4, Park Addition to Bronson, lying in 
54.32 	the Southwest Quarter of the Southwest Quarter, Section 30, Township 161 North, Range 
54.33 	46 West, more particularly described as follows: commencing at the midpoint of the west 
54.34 	line of said Lot 5, which point is 33 feet East of the west line of said Southwest Quarter of 
54.35 	the Southwest Quarter of Section 30; thence East and parallel to the south line of said Lot 
55.1 	5, a distance of 157 feet; thence South on a straight line at right angles to the immediately 
55.2 	preceding line of this description to the center of the south branch of Two Rivers; thence 
55.3 	northwesterly along the center line of said south branch of Two Rivers to its intersection 
55.4 	with a north and south line parallel to the west line of said Southwest Quarter of the 
55.5 	Southwest Quarter of Section 30, and distant 33 feet East therefrom, which line is also 
55.6 	the west line of said Block 4; thence North along said west line of said Block 4, to the 
55.7 	point of beginning, containing 0.39 acres, more or less; 
55.8 	(3) Parcel 12: that part of Block 4, of the Park Addition to the village of Bronson, 
55.9 	Kittson County, Minnesota, which may be more particularly described as follows: Lot 6, 
55.10 	Block 4, with the exception of a tract consisting of the westerly 157 feet of said Lot 6, 
55.11 	deeded to the Olof Locken Post, No. 315, of the American Legion, containing 0.68 acres, 
55.12 	more or less; ALSO the following described portion of Lot 8 of said Block 4: commencing 
55.13 	at a point on the west line of said Lot 8, 140 feet North of the southwest corner of said Lot 
55.14 	8; thence North along said west line of Lot 8, a distance of 68 feet; thence East at right 
55.15 	angles to the said west line of Lot 8 to the east line of said Lot 8; thence South along the 
55.16 	east line of said Lot 8, a distance of 68 feet; thence West at right angles to said east line 
55.17 	of Lot 8 to the point of beginning, containing 0.05 acres, more or less; EXCEPTING 
55.18 	therefrom the following described tract of land: commencing at the northeast corner of 
55.19 	Block 4 in Park Addition to the village of Lake Bronson; thence South at right angles a 
55.20 	distance of 265 feet to the point of beginning; thence West at right angles a distance of 143 
55.21 	feet; thence South at right angles a distance of 111 feet to the center of the Two Rivers; 
55.22 	thence East at right angles a distance of 143 feet to the east line of Lot 8; thence North at 
55.23 	right angles a distance of 111 feet to the point of beginning, being a part of Lot 6 and Lot 8 
55.24 	of Block 4, containing altogether 0.75 acres, more or less; and 
55.25 	(4) Parcel 13: that part of Lot 8, Block 4 of the Park Addition to the village of 
55.26 	Bronson, Kittson County, Minnesota, which may be more particularly described as 
55.27 	follows: the South 140 feet of said Lot 8, Block 4, containing 0.10 acres, more or less; 
55.28 	ALSO the following portion of said Lot 8: commencing at a point on the west line of said 
55.29 	Lot 8, 208 feet North of the southwest corner of said Lot 8; thence North along said west 
55.30 	line of Lot 8, a distance of 5.6 feet; thence East at right angles to said west line of Lot 8 to 
55.31 	the east line of said Lot 8, thence South along said east line of Lot 8, a distance of 5.8 feet; 
55.32 	thence West at right angles to said east line of Lot 8, to the point of beginning, containing 
55.33 	0.004 acres, more or less; containing altogether 0.104 acres, more or less.
55.34 	(d) The land borders South Branch Two Rivers and is not contiguous to other state 
55.35 	lands. The land was acquired for park purposes but was not included in a state park. The 
56.1 	Department of Natural Resources has determined that the land is not needed for natural 
56.2 	resource purposes.

56.3 	Sec. 25. PRIVATE SALE OF SURPLUS STATE LAND; KITTSON COUNTY.
 56.4 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
56.5 	of natural resources may sell by private sale the surplus land that is described in paragraph 
56.6 	(c). 
56.7 	(b) The conveyance must be in a form approved by the attorney general. The 
56.8 	attorney general may make necessary changes to the legal description to correct errors 
56.9 	and ensure accuracy. 
56.10 	(c) The land that may be sold is located in Kittson County and is described as 
56.11 	follows: a parcel of land in the Southwest Quarter of the Southeast Quarter of Section 30, 
56.12 	Township 161 North, Range 46 West, more particularly described as follows: beginning at 
56.13 	a point which is 33 feet North of the south line and 422 feet East of the west line of said 
56.14 	Southwest Quarter of the Southeast Quarter; thence East parallel to said south line, 726 
56.15 	feet; thence North parallel to said west line, 300 feet; thence West parallel to said south 
56.16 	line, 726 feet; thence South parallel to said west line, 300 feet to the point of beginning. 
56.17 	Containing 5.00 acres, more or less. 
56.18 	(d) The sale may be to multiple parties, including the county for the county 
56.19 	highway right-of-way, the township for the township road, and adjoining landowners to 
56.20 	resolve unintentional agricultural trespasses. The Department of Natural Resources has 
56.21 	determined that the land is not needed for natural resource purposes.

56.22 	Sec. 26. PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.
 56.23 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
56.24 	of natural resources may sell by private sale the surplus land that is described in paragraph 
56.25 	(c). 
56.26 	(b) The conveyance must be in a form approved by the attorney general. The 
56.27 	attorney general may make necessary changes to the legal description to correct errors 
56.28 	and ensure accuracy. 
56.29 	(c) The land that may be sold is located in Lake County and is described as follows: 
56.30 	that part of the Northeast Quarter of the Southwest Quarter, Section 16, Township 57 
56.31 	North, Range 6 West, described as follows: commencing at the southeast corner of said 
56.32 	Northeast Quarter of the Southwest Quarter marked by a DNR survey marker (3/4 inch x 
56.33 	18 inch rebar with an orange cap marked MN DNR LS 16098); thence North 89 degrees 
56.34 	11 minutes 24 seconds West based on the Lake County Coordinate System North Shore 
57.1 	Zone, NAD83, 1986 adjustment, along the south line of said Northeast Quarter of the 
57.2 	Southwest Quarter, 439.78 feet to a DNR survey marker on the westerly right-of-way of 
57.3 	Trunk Highway 61 and the point of beginning; thence continuing North 89 degrees 11 
57.4 	minutes 24 seconds West along said south line 426.27 feet to a DNR survey marker; 
57.5 	thence North 00 degrees 48 minutes 36 seconds East 100.00 feet to a DNR survey marker; 
57.6 	thence South 89 degrees 11 minutes 24 seconds East 494.20 feet to a DNR survey marker 
57.7 	on said westerly right-of-way; thence South 34 degrees 59 minutes 57 seconds West along 
57.8 	said westerly right-of-way 120.89 feet, more or less, to the point of beginning. Containing 
57.9 	1.06 acres, more or less.
57.10 	(d) The sale would be to the adjoining landowner and resolve an unintentional 
57.11 	trespass that occurred when a garage was constructed on state-owned land. The 
57.12 	Department of Natural Resources has determined that the land is not needed for natural 
57.13 	resource purposes.

57.14 	Sec. 27. PRIVATE SALE OF SURPLUS STATE LAND; LAKE COUNTY.
 57.15 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
57.16 	of natural resources may sell by private sale the surplus land that is described in paragraph 
57.17 	(c).
57.18 	(b) The conveyance must be in a form approved by the attorney general. The 
57.19 	attorney general may make necessary changes to the legal description to correct errors 
57.20 	and ensure accuracy.
57.21 	(c) The land that may be sold is located in Lake County and is described as follows: 
57.22 	that part of the Northwest Quarter of the Southeast Quarter, Section 16, Township 57 
57.23 	North, Range 6 West, described as follows: commencing at the northwest corner of said 
57.24 	Northwest Quarter of the Southeast Quarter marked by a DNR survey marker (3/4 inch x 
57.25 	18 inch rebar with an orange cap marked MN DNR LS 16098); thence South 89 degrees 
57.26 	14 minutes 10 seconds East based on the Lake County Coordinate System North Shore 
57.27 	Zone, NAD83, 1986 adjustment, along the north line of said Northwest Quarter of the 
57.28 	Southeast Quarter, 191.15 feet to a DNR survey marker and the point of beginning; thence 
57.29 	continuing South 89 degrees 14 minutes 10 seconds East along said north line 264.92 feet 
57.30 	to a DNR survey marker on the westerly right-of-way of Trunk Highway 61; thence 
57.31 	South 34 degrees 59 minutes 57 seconds West along said westerly right-of-way 200.00 
57.32 	feet; thence North 41 degrees 54 minutes 07 seconds West 224.87 feet, more or less, to the 
57.33 	point of beginning. Containing 0.50 acres, more or less. 
57.34 	(d) The sale would be to the adjoining landowner and resolve an unintentional 
57.35 	trespass that occurred when a garage and house were constructed on state-owned land. 
58.1 	The Department of Natural Resources has determined that the land is not needed for 
58.2 	natural resource purposes.

58.3 	Sec. 28. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
58.4 	WATER; NICOLLET COUNTY.
 58.5 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
58.6 	resources may sell by public sale the surplus land bordering public water that is described 
58.7 	in paragraph (c). 
58.8 	(b) The conveyance must be in a form approved by the attorney general. The 
58.9 	attorney general may make necessary changes to the legal description to correct errors 
58.10 	and ensure accuracy.
58.11 	(c) The land that may be sold is located in Nicollet County and is described as 
58.12 	follows:
58.13 	(1) that part of the Southwest Quarter and that part of the Southeast Quarter, Section 
58.14 	8, Township 109 North, Range 29 West, being described as a strip of land 300.0 feet in 
58.15 	width lying adjacent to and northerly of the following described centerline of proposed 
58.16 	channel change: commencing at the center of Section 8, Township 109 North, Range 
58.17 	20 West, from which the north quarter corner of said Section 8 bears North 0 degrees 
58.18 	00 minutes East, thence South 0 degrees 00 minutes East for 1280 feet on said quarter 
58.19 	line; thence South 90 degrees 00 minutes East for 54.9 feet to road station 40+40 on the 
58.20 	centerline of County State-Aid Highway 24 which is the true point of beginning for the 
58.21 	centerline of channel change; thence South 75 degrees 58 minutes East for a distance of 
58.22 	553.5 feet on centerline of channel change; thence South 75 degrees 58 minutes East for 
58.23 	a distance of 1540.0 feet and there terminating; and from the true point of beginning 
58.24 	North 77 degrees 58 minutes West for a distance of 770 feet and there terminating; SAID 
58.25 	LANDS ALSO DESCRIBED AS: a strip of land lying and being 300.0 feet each side of 
58.26 	the following described centerline of proposed channel change: beginning at a point 
58.27 	1280.0 feet South and 54.9 feet East of the center of Section 8, Township 109 North, 
58.28 	Range 29 West; thence easterly on a bearing of South 77 degrees 00 minutes East for a 
58.29 	distance of 553.5 feet; thence easterly on a bearing of South 75 degrees 00 minutes East 
58.30 	for a distance of 1540.0 feet and there terminating. This includes 3.005 acres in part of the 
58.31 	North Half of the Southeast Quarter of Section 8, Township 109 North, Range 29 West, 
58.32 	and 10.932 acres in part of Government Lot 2 of Section 8, Township 109 North, Range 
58.33 	29 West. Also from the point of beginning, westerly on a bearing of North 77 degrees 
58.34 	00 minutes West for a distance of 770.0 feet and there terminating. This includes 4.098 
59.1 	acres in part of the Southwest Quarter of Section 8, Township 109 North, Range 29 West. 
59.2 	Containing 3.01 acres, more or less; and 
59.3 	(2) that part of the Southwest Quarter and that part of the Southeast Quarter, Section 
59.4 	8, Township 109 North, Range 29 West, Nicollet County, Minnesota, being described 
59.5 	as a strip of land 300.0 feet in width lying adjacent to and southerly of the following 
59.6 	described centerline of proposed channel change: commencing at the center of Section 
59.7 	8, Township 109 North, Range 20 West, from which the north quarter corner of said 
59.8 	Section 8 bears North 0 degrees 00 minutes East; thence South 0 degrees 00 minutes East 
59.9 	for 1280 feet on said quarter line; thence South 90 degrees 00 minutes East for 54.9 
59.10 	feet to road station 40+40 on the centerline of County State-Aid Highway 24 which is 
59.11 	the true point of beginning for the centerline of channel change; thence South 75 degrees 
59.12 	58 minutes East for a distance of 553.5 feet on centerline of channel change; thence 
59.13 	South 75 degrees 58 minutes East for a distance of 1540.0 feet and there terminating; and 
59.14 	from the true point of beginning North 77 degrees 58 minutes West for a distance of 
59.15 	770 feet and there terminating; SAID LANDS ALSO DESCRIBED AS: a strip of land 
59.16 	lying and being 300.0 feet each side of the following described centerline of proposed 
59.17 	channel change: beginning at a point 1280.0 feet South and 54.9 feet East of the center of 
59.18 	Section 8, Township 109 North, Range 29 West; thence easterly on a bearing of South 
59.19 	77 degrees 00 minutes East for a distance of 553.5 feet; thence easterly on a bearing of 
59.20 	South 75 degrees 00 minutes East for a distance of 1540.0 feet and there terminating. 
59.21 	This includes 3.005 acres in part of the North Half of the Southeast Quarter of Section 
59.22 	8, Township 109 North, Range 29 West, and 10.932 acres in part of Government Lot 2 
59.23 	of Section 8, Township 109 North, Range 29 West. Also, from the point of beginning, 
59.24 	westerly on a bearing of North 77 degrees 00 minutes West for a distance of 770.0 feet and 
59.25 	there terminating. This includes 4.098 acres in part of the Southwest Quarter of Section 8, 
59.26 	Township 109 North, Range 29 West. Containing 4.10 acres, more or less. 
59.27 	(d) The land borders the Minnesota River. It was acquired when a new bridge was 
59.28 	installed across the river resulting in a realignment of the river channel. The Department of 
59.29 	Natural Resources has determined that the land is not needed for natural resource purposes.

59.30 	Sec. 29. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
59.31 	WATER; RED LAKE COUNTY.
 59.32 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
59.33 	resources may sell by public sale the surplus land bordering public water that is described 
59.34 	in paragraph (c).
60.1 	(b) The conveyance must be in a form approved by the attorney general. The 
60.2 	attorney general may make necessary changes to the legal description to correct errors 
60.3 	and ensure accuracy. 
60.4 	(c) The land that may be sold is located in Red Lake County and is described 
60.5 	as follows: 
60.6 	(1) Government Lot 10, Section 31, Township 152 North, Range 40 West, containing 
60.7 	20.17 acres, more or less; and 
60.8 	(2) Government Lot 3, Section 34, Township 152 North, Range 40 West, containing 
60.9 	21.7 acres, more or less. 
60.10 	(d) The land borders the Clearwater River and is not contiguous to other state lands. 
60.11 	The Department of Natural Resources has determined that the land is not needed for 
60.12 	natural resource purposes.

60.13 	Sec. 30. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
60.14 	WATER; ST. LOUIS COUNTY.
 60.15 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
60.16 	resources may sell by public sale the surplus land bordering public water that is described 
60.17 	in paragraph (c).
60.18 	(b) The conveyance must be in a form approved by the attorney general. The 
60.19 	attorney general may make necessary changes to the legal description to correct errors 
60.20 	and ensure accuracy.
60.21 	(c) The land that may be sold is located in St. Louis County and is described as 
60.22 	follows: Government Lot 2, except the Northwest Quarter of Lot 2, Section 19, Township 
60.23 	58 North, Range 18 West, containing 30.84 acres, more or less.
60.24 	(d) The land borders an unnamed tributary to the West Two Rivers Reservoir. The 
60.25 	Department of Natural Resources has determined that the land is not needed for natural 
60.26 	resource purposes.

60.27 	Sec. 31. PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
 60.28 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
60.29 	of natural resources may sell by private sale the surplus land that is described in paragraph 
60.30 	(c). 
60.31 	(b) The conveyance must be in a form approved by the attorney general. The 
60.32 	attorney general may make necessary changes to the legal description to correct errors 
60.33 	and ensure accuracy. 
61.1 	(c) The land that may be sold is located in St. Louis County and is described as 
61.2 	follows: Government Lot 3, Section 18, Township 68 North, Range 19 West, containing 
61.3 	23.22 acres, more or less.
61.4 	(d) The sale will be to the University of Minnesota for the off axis NOvA detector 
61.5 	project. The Department of Natural Resources has determined that the land is not needed 
61.6 	for natural resource purposes.

61.7 	Sec. 32. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
61.8 	WATER; WASHINGTON COUNTY.
 61.9 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
61.10 	commissioner of natural resources may sell by private sale the surplus land bordering 
61.11 	public water that is described in paragraph (c).
61.12 	(b) The conveyance must be in a form approved by the attorney general. The 
61.13 	attorney general may make necessary changes to the legal description to correct errors and 
61.14 	ensure accuracy. The commissioner may only sell the land to a governmental subdivision 
61.15 	of the state. The conveyance may be for less than the value of the land as determined by 
61.16 	the commissioner, but the conveyance must provide that the land be used for the public 
61.17 	and reverts to the state if the governmental subdivision fails to provide for public use or 
61.18 	abandons the public use of the land.
61.19 	(c) The land that may be sold is located in Washington County and is described as 
61.20 	follows, Parcels A and B containing altogether 31.55 acres, more or less:
61.21 	(1) Parcel A: all that part of the North Half of the Southeast Quarter, Section 
61.22 	30, Township 30 North, Range 20 West, bounded by the following described lines: 
61.23 	commencing at the east quarter corner of said Section 30; thence on an assumed bearing 
61.24 	of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west 
61.25 	quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13 
61.26 	minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence 
61.27 	South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 
61.28 	line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet 
61.29 	on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes 
61.30 	26 seconds East, 1378.11 feet to the point of beginning; and 
61.31 	(2) Parcel B: all that part of the North Half of the Southeast Quarter, Section 
61.32 	30, Township 30 North, Range 20 West, bounded by the following described lines: 
61.33 	commencing at the east quarter corner of said Section 30; thence on an assumed bearing 
61.34 	of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter 
61.35 	line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26 
62.1 	seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence 
62.2 	North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line; 
62.3 	thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02 
62.4 	degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes 
62.5 	19 seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30; 
62.6 	thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west 
62.7 	quarter line to the point of beginning. 
62.8 	(d) The land borders Long Lake and is not contiguous to other state lands. The 
62.9 	land was donated to the state with the understanding that the land would be used as a 
62.10 	wildlife sanctuary. The Department of Natural Resources has determined that the land is 
62.11 	not needed for natural resource purposes.

62.12 	Sec. 33. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
 62.13 	Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, 
62.14 	the Itasca County auditor may lease tax-forfeited land to a proposed steel mill in Itasca 
62.15 	County for a period of 20 years, for use as a tailings basin and buffer area. A lease entered 
62.16 	under this section is renewable.

62.17 	Sec. 34. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
62.18 	WATER; CROW WING COUNTY.
 62.19 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
62.20 	and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County 
62.21 	may sell by private sale, under Minnesota Statutes, section 282.01, subdivision 7a, the 
62.22 	tax-forfeited land bordering public water that is described in paragraph (c), under the 
62.23 	remaining provisions of Minnesota Statutes, chapter 282.
62.24 	(b) The conveyance must be in a form approved by the attorney general. The 
62.25 	attorney general may make changes to the land description to correct errors and ensure 
62.26 	accuracy. Prior to the sale, the commissioner of revenue shall grant a permanent 
62.27 	conservation easement according to Minnesota Statutes, section 282.37, to protect aquatic 
62.28 	habitat. The easement must be approved by the Crow Wing County Board and the 
62.29 	commissioner of natural resources.
62.30 	(c) The land to be sold is located in Crow Wing County and is described as: 
62.31 	Government Lot 1, Section 26, Township 138 North, Range 27 West, city of Fifty Lakes.
62.32 	(d) The county has determined that the county's land management interests would 
62.33 	best be served if the land was returned to private ownership.

63.1 	Sec. 35. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
63.2 	WATER; CROW WING COUNTY.
 63.3 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
63.4 	and the public sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may 
63.5 	sell to the city of Crosby the tax-forfeited land bordering public water that is described in 
63.6 	paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
63.7 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
63.8 	general may make changes to the land description to correct errors and ensure accuracy.
63.9 	(c) The land to be sold is located in Crow Wing County and is described as:
63.10 	Of a tract of land lying south of the herein described line and being out of and 
63.11 	part of the Southeast Quarter of the Northwest Quarter, Section 11, Township 46 North, 
63.12 	Range 29 West, except part to the city of Crosby, Crow Wing County, Minnesota, said line 
63.13 	described as follows: Commencing at the center of Section 11, thence South 88 degrees 
63.14 	59 minutes 19 seconds West, coincident with the south line of said Southeast Quarter of 
63.15 	the Northwest Quarter, 1291.01 feet to the southwest corner of said Southeast Quarter of 
63.16 	the Northwest Quarter; thence North 02 degrees 09 minutes 21 seconds East, coincident 
63.17 	with the west line of said Southeast Quarter of the Northwest Quarter, 531.93 feet to the 
63.18 	point of beginning of the line herein described; thence through and across said Southeast 
63.19 	Quarter of the Northwest Quarter of the following 21 courses and distances: 
63.20 	(1) South 71 degrees 26 minutes 55 seconds East, 27.36 feet;
63.21 	(2) South 33 degrees 07 minutes 48 seconds East, 34.76 feet;
63.22 	(3) South 87 degrees 03 minutes 06 seconds East, 64.17 feet;
63.23 	(4) South 61 degrees 33 minutes 20 seconds East, 45.74 feet;
63.24 	(5) South 72 degrees 07 minutes 59 seconds East, 112.59 feet;
63.25 	(6) South 77 degrees 44 minutes 53 seconds East, 56.34 feet;
63.26 	(7) North 70 degrees 49 minutes 46 seconds East, 83.42 feet;
63.27 	(8) South 76 degrees 32 minutes 31 seconds East, 94.57 feet;
63.28 	(9) North 80 degrees 41 minutes 54 seconds East, 33.03 feet;
63.29 	(10) North 83 degrees 09 minutes 05 seconds East, 41.90 feet;
63.30 	(11) North 68 degrees 51 minutes 01 seconds East, 175.87 feet;
63.31 	(12) South 58 degrees 17 minutes 34 seconds East, 54.35 feet;
63.32 	(13) South 80 degrees 01 minutes 47 seconds East, 43.42 feet;
63.33 	(14) North 36 degrees 43 minutes 03 seconds East, 84.81 feet;
63.34 	(15) North 60 degrees 06 minutes 12 seconds East, 57.47 feet;
63.35 	(16) South 83 degrees 31 minutes 42 seconds East, 90.21 feet;
63.36 	(17) North 73 degrees 59 minutes 37 seconds East, 57.44 feet;
64.1 	(18) South 65 degrees 21 minutes 29 seconds East, 81.38 feet;
64.2 	(19) North 86 degrees 47 minutes 22 seconds East, 75.46 feet;
64.3 	(20) North 47 degrees 10 minutes 02 seconds East, 52.07 feet; and 
64.4 	(21) North 63 degrees 13 minutes 46 seconds East, 48.20 feet 
64.5 	to the point of termination from which the point of commencing bears South 01 degrees 
64.6 	27 minutes 31 seconds West, 572.34 feet.
64.7 	(d) The county has determined that the county's land management interests would 
64.8 	best be served if the land was sold to the city of Crosby.

64.9 	Sec. 36. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
64.10 	WATER; LAKE COUNTY.
 64.11 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
64.12 	and the public sale provisions of Minnesota Statutes, chapter 282, Lake County may sell 
64.13 	by private sale the tax-forfeited land bordering public water that is described in paragraph 
64.14 	(c), under the remaining provisions of Minnesota Statutes, chapter 282. 
64.15 	(b) The conveyance must be in a form approved by the attorney general for a 
64.16 	consideration of $1 and relinquishment of a four-acre parcel of land that Lake County has 
64.17 	used for road relocation.
64.18 	(c) The land to be sold is located in Lake County and is described as: that part of 
64.19 	the Southeast Quarter of the Northwest Quarter, north of County State-Aid Highway 14, 
64.20 	Section 20, Township 55 North, Range 11 West.
64.21 	(d) The county has determined that the county's land management interests would 
64.22 	best be served if the land was returned to private ownership.

64.23 	Sec. 37. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC 
64.24 	WATER; DAKOTA COUNTY.
 64.25 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018, 
64.26 	subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, 
64.27 	Dakota County may sell or convey to the township of Ravenna for no consideration the 
64.28 	tax-forfeited land bordering public water that is described in paragraph (c).
64.29 	(b) The conveyance must be in a form approved by the attorney general and provide 
64.30 	that the land reverts to the state if the township of Ravenna stops using the land for the 
64.31 	public purpose described in paragraph (d). The conveyance is subject to restrictions 
64.32 	imposed by the commissioner of natural resources. The attorney general may make 
64.33 	changes to the land description to correct errors and ensure accuracy.
65.1 	(c) The land to be conveyed is located in Dakota County and is described as: 
65.2 	Unplatted, Section 21, Township 114, Range 16, Southeast Quarter of the Southwest 
65.3 	Quarter, less various tracts, except West 870 feet of South 729.29 feet, except part of 
65.4 	North 594 feet lying west of Ravenna Trail, except South 480 feet lying east of West 870 
65.5 	feet, except beginning at the northwest corner of the Southeast Quarter of the Southwest 
65.6 	Quarter East 22R South 20R southwest to point on west line 22R South of beginning North 
65.7 	22R to beginning, except parcels 33-02100-030-53, 33-02100-040-53, 33-02100-050-53, 
65.8 	33-02100-060-53, and 33-02100-080-53. (Dakota County tax identification number 
65.9 	33-02100-018-54).
65.10 	(d) The county has determined that the land is needed by the township of Ravenna 
65.11 	for drainage and access to culverts.

65.12 	Sec. 38. CLAIR A. NELSON MEMORIAL FOREST, LAKE COUNTY; 
65.13 	TEMPORARY SUSPENSION OF APPORTIONMENT OF PROCEEDS FROM 
65.14 	TAX-FORFEITED LANDS.
 65.15 	(a) Upon approval of an affected political subdivision within Lake County, the 
65.16 	Lake County Board may suspend the apportionment of the balance of net proceeds from 
65.17 	tax-forfeited lands within the affected political subdivision under Minnesota Statutes, 
65.18 	section 282.08, clause (4), item (iii), and retain the net proceeds. The authority under this 
65.19 	paragraph is available until Lake County suspends the apportionment of  net proceeds 
65.20 	subject to item (iii), in the amount of $2,200,000, plus any interest costs incurred by the 
65.21 	county to purchase land described in this section. The money received by Lake County is 
65.22 	to reimburse the county for the purchase in 2006 of 6,085 acres of forest land named the 
65.23 	Clair A. Nelson Memorial Forest.
65.24 	(b) Any revenue derived from acquired land that was reimbursed under paragraph 
65.25 	(a) is subject to apportionment as provided in Minnesota Statutes, section 282.08.

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

65.27 	Sec. 39.  REPEALER.
 65.28 	Minnesota Statutes 2006, section 85.012, subdivision 24b, is repealed.

65.29 	Sec. 40. EFFECTIVE DATE.
 65.30 	Sections 1 to 40 are effective the day following final enactment.

66.1 	ARTICLE 5 
66.2 	 WETLANDS CONSERVATION 

66.3 	Section 1. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
66.4 		Subd. 3.Application; extensions. (a) The time limit in subdivision 2 begins upon 
66.5 	the agency's receipt of a written request containing all information required by law or by 
66.6 	a previously adopted rule, ordinance, or policy of the agency, including the applicable 
66.7 	application fee. If an agency receives a written request that does not contain all required 
66.8 	information, the 60-day limit starts over only if the agency sends written notice within 15 
66.9 	business days of receipt of the request telling the requester what information is missing.
66.10 	(b) If a request relating to zoning, septic systems, watershed district review, soil and 
66.11 	water conservation district review, or expansion of the metropolitan urban service area 
66.12 	requires the approval of more than one state agency in the executive branch, the 60-day 
66.13 	period in subdivision 2 begins to run for all executive branch agencies on the day a request 
66.14 	containing all required information is received by one state agency. The agency receiving 
66.15 	the request must forward copies to other state agencies whose approval is required.
66.16 	(c) An agency response, including an approval with conditions, meets the 60-day 
66.17 	time limit if the agency can document that the response was sent within 60 days of receipt 
66.18 	of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke 
66.19 	or rescind the approval by the agency and will not give rise to a claim that the 60-day 
66.20 	time limit was not met.
66.21 	(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court 
66.22 	order requires a process to occur before the agency acts on the request, and the time 
66.23 	periods prescribed in the state statute, federal law, or court order make it impossible to 
66.24 	act on the request within 60 days. In cases described in this paragraph, the deadline is 
66.25 	extended to 60 days after completion of the last process required in the applicable statute, 
66.26 	law, or order. Final approval of an agency receiving a request is not considered a process 
66.27 	for purposes of this paragraph.
66.28 	(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state 
66.29 	agency requires prior approval of a federal agency; or (2) an application submitted to 
66.30 	a city, county, town, school district, metropolitan or regional entity, or other political 
66.31 	subdivision requires prior approval of a state or federal agency. In cases described in 
66.32 	this paragraph, the deadline for agency action is extended to 60 days after the required 
66.33 	prior approval is granted.
66.34 	(f) An agency may extend the time limit in subdivision 2 before the end of the 
66.35 	initial 60-day period by providing written notice of the extension to the applicant. The 
67.1 	notification must state the reasons for the extension and its anticipated length, which may 
67.2 	not exceed 60 days unless approved by the applicant.
67.3 	(g) An applicant may by written notice to the agency request an extension of the 
67.4 	time limit under this section.

67.5 	Sec. 2. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
67.6 		Subd. 3.Wetland replacement siting. (a) Siting wetland replacement must follow 
67.7 	this priority order:
67.8 	(1) on site or in the same minor watershed as the affected wetland;
67.9 	(2) in the same watershed as the affected wetland;
67.10 	(3) in the same county as the affected wetland;
67.11 	(4) for replacement by wetland banking, in the same wetland bank service area as 
67.12 	the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in 
67.13 	a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a 
67.14 	less than 50 percent area;
67.15 	(5) for project specific replacement, in an adjacent watershed or county to the 
67.16 	affected wetland, or for replacement by wetland banking, in an adjacent wetland bank 
67.17 	service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 
67.18 	80 percent area and impacts in a less than 50 percent area must be replaced in a less 
67.19 	than 50 percent area; and
67.20 	(5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for 
67.21 	public transportation projects, except that wetlands affected in less than 50 percent areas 
67.22 	must be replaced in less than 50 percent areas, and wetlands affected in the seven-county 
67.23 	metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, 
67.24 	(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds 
67.25 	that are wholly or partially within the seven-county metropolitan area, but at least one to 
67.26 	one must be replaced within the seven-county metropolitan area.
67.27 	(b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80 
67.28 	percent areas may follow the priority order under this paragraph: (1) by wetland banking 
67.29 	after evaluating on-site replacement and replacement within the watershed; (2) replaced 
67.30 	in an adjacent wetland bank service area if wetland bank credits are not reasonably 
67.31 	available in the same wetland bank service area as the affected wetland, as determined 
67.32 	by the local government unit or by a comprehensive inventory approved by the board; 
67.33 	and (3) statewide.
67.34 	(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county 
67.35 	metropolitan area must follow the priority order under this paragraph: (1) in the affected 
68.1 	county; (2) in another of the seven metropolitan counties; or (3) in one of the major 
68.2 	watersheds that are wholly or partially within the seven-county metropolitan area, but at 
68.3 	least one to one must be replaced within the seven-county metropolitan area.
68.4 	(d) The exception in paragraph (a), clause (5) (6), does not apply to replacement 
68.5 	completed using wetland banking credits established by a person who submitted a 
68.6 	complete wetland banking application to a local government unit by April 1, 1996.
68.7 	(c) (e) When reasonable, practicable, and environmentally beneficial replacement 
68.8 	opportunities are not available in siting priorities listed in paragraph (a), the applicant 
68.9 	may seek opportunities at the next level.
68.10 	(d) (f) For the purposes of this section, "reasonable, practicable, and environmentally 
68.11 	beneficial replacement opportunities" are defined as opportunities that:
68.12 	(1) take advantage of naturally occurring hydrogeomorphological conditions and 
68.13 	require minimal landscape alteration;
68.14 	(2) have a high likelihood of becoming a functional wetland that will continue 
68.15 	in perpetuity;
68.16 	(3) do not adversely affect other habitat types or ecological communities that are 
68.17 	important in maintaining the overall biological diversity of the area; and
68.18 	(4) are available and capable of being done after taking into consideration cost, 
68.19 	existing technology, and logistics consistent with overall project purposes.
68.20 	(e) (g) Regulatory agencies, local government units, and other entities involved in 
68.21 	wetland restoration shall collaborate to identify potential replacement opportunities within 
68.22 	their jurisdictional areas.

68.23 	Sec. 3. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to read:
68.24 		Subd. 3.Federal approvals. A replacement plan for wetlands is not required for:
68.25 	(1) activities exempted from federal regulation under United States Code, title 33, 
68.26 	section 1344(f), as in effect on January 1, 1991;
68.27 	(2) activities authorized under, and conducted in accordance with, an applicable 
68.28 	general permit issued by the United States Army Corps of Engineers under section 404 
68.29 	of the federal Clean Water Act, United States Code, title 33, section 1344, except the 
68.30 	nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), 
68.31 	clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on 
68.32 	January 1, 1991; or
68.33 	(3) activities authorized under the federal Clean Water Act, section 404, or the 
68.34 	Rivers and Harbors Act, section 10, regulations that meet minimum state standards 
68.35 	under this chapter and sections 103A.202 and 103B.3355 and that have been approved 
69.1 	by the Board of Water and Soil Resources, the commissioners of natural resources and 
69.2 	agriculture, and the Pollution Control Agency. 

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

69.11 	Sec. 5. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to read:
69.12 		Subd. 6.Utilities; public works. (a) A replacement plan for wetlands is not 
69.13 	required for:
69.14 	(1) placement, maintenance, repair, enhancement, or replacement of utility or 
69.15 	utility-type service if:
69.16 	(i) the impacts of the proposed project on the hydrologic and biological 
69.17 	characteristics of the wetland have been avoided and minimized to the extent possible; and
69.18 	(ii) the proposed project significantly modifies or alters less than one-half acre of 
69.19 	wetlands;
69.20 	(2) activities associated with routine maintenance of utility and pipeline 
69.21 	rights-of-way, provided the activities do not result in additional intrusion into the wetland;
69.22 	(3) alteration of a wetland associated with the operation, maintenance, or repair of 
69.23 	an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
69.24 	(4) emergency repair and normal maintenance and repair of existing public works, 
69.25 	provided the activity does not result in additional intrusion of the public works into the 
69.26 	wetland and does not result in the draining or filling, wholly or partially, of a wetland;
69.27 	(5) normal maintenance and minor repair of structures causing no additional 
69.28 	intrusion of an existing structure into the wetland, and maintenance and repair of private 
69.29 	crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
69.30 	(6) repair and updating of existing individual sewage treatment systems as necessary 
69.31 	to comply with local, state, and federal regulations.
69.32 	(1) new placement or maintenance, repair, enhancement, or replacement of existing 
69.33 	utility or utility-type service, including pipelines, if:
70.1 	(i) the direct and indirect impacts of the proposed project have been avoided and 
70.2 	minimized to the extent possible; and
70.3 	(ii) the proposed project significantly modifies or alters less than one-half acre of 
70.4 	wetlands;
70.5 	(2) activities associated with operation, routine maintenance, or emergency repair of 
70.6 	existing utilities and public work structures, including pipelines, provided the activities 
70.7 	do not result in additional wetland intrusion or additional draining or filling of a wetland 
70.8 	either wholly or partially; or
70.9 	(3) repair and updating of existing individual sewage treatment systems necessary to 
70.10 	comply with local, state, and federal regulations.
70.11 	(b) For maintenance, repair, and replacement, the local government unit may issue 
70.12 	a seasonal or annual exemption certification or the utility may proceed without local 
70.13 	government unit certification if the utility is carrying out the work according to approved 
70.14 	best management practices. Work of an emergency nature may proceed as necessary 
70.15 	and any drain or fill activities shall be addressed with the local government unit after 
70.16 	the emergency work has been completed.

70.17 	Sec. 6. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to 
70.18 	read:
70.19 		Subd. 11.Exemption conditions. (a) A person conducting an activity in a wetland 
70.20 	under an exemption in subdivisions 1 to 10 shall ensure that:
70.21 	(1) appropriate erosion control measures are taken to prevent sedimentation of 
70.22 	the water;
70.23 	(2) the activity does not block fish passage in a watercourse; and
70.24 	(3) the activity is conducted in compliance with all other applicable federal, 
70.25 	state, and local requirements, including best management practices and water resource 
70.26 	protection requirements established under chapter 103H.
70.27 	(b) An activity is exempt if it qualifies for any one of the exemptions, even though it 
70.28 	may be indicated as not exempt under another exemption.
70.29 	(c) Persons proposing to conduct an exempt activity are encouraged to contact the 
70.30 	local government unit or the local government unit's designee for advice on minimizing 
70.31 	wetland impacts.
70.32 	(d) The board shall develop rules that provide for estimates and reporting of exempt 
70.33 	wetland impacts, including those in subdivisions 2, 6, and 9.

70.34 	Sec. 7. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to read:
71.1 		Subd. 2.Evaluation. (a) Questions concerning the public value, location, size, 
71.2 	or type of a wetland shall be submitted to and determined by a Technical Evaluation 
71.3 	Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 
71.4 	a technical professional employee of the board, a technical professional employee of 
71.5 	the local soil and water conservation district or districts, a technical professional with 
71.6 	expertise in water resources management appointed by the local government unit, and 
71.7 	a technical professional employee of the Department of Natural Resources for projects 
71.8 	affecting public waters or wetlands adjacent to public waters. The panel shall use the 
71.9 	"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 
71.10 	including updates, supplementary guidance, and replacements, if any, "Wetlands of 
71.11 	the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 
71.12 	and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 
71.13 	edition). The panel shall provide the wetland determination and recommendations on 
71.14 	other technical matters to the local government unit that must approve a replacement 
71.15 	plan, wetland banking plan, exemption determination, no-loss determination, or wetland 
71.16 	boundary or type determination and may recommend approval or denial of the plan. The 
71.17 	authority must consider and include the decision of the Technical Evaluation Panel in their 
71.18 	approval or denial of a plan or determination.
71.19 	(b) Persons conducting wetland or public waters boundary delineations or type 
71.20 	determinations are exempt from the requirements of chapter 326. By January 15, 2001, 
71.21 	the board, in consultation with the Minnesota Association of Professional Soil Scientists, 
71.22 	the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan 
71.23 	for a professional wetland delineator certification program to the legislature. The board 
71.24 	may develop a professional wetland delineator certification program.

71.25 	Sec. 8. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to 
71.26 	read:
71.27 		Subd. 2a.Wetland boundary or type determination. (a) A landowner may apply 
71.28 	for a wetland boundary or type determination from the local government unit. The 
71.29 	landowner applying for the determination is responsible for submitting proof necessary 
71.30 	to make the determination, including, but not limited to, wetland delineation field data, 
71.31 	observation well data, topographic mapping, survey mapping, and information regarding 
71.32 	soils, vegetation, hydrology, and groundwater both within and outside of the proposed 
71.33 	wetland boundary.
71.34 	(b) A local government unit that receives an application under paragraph (a) may 
71.35 	seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if 
72.1 	necessary, expand the Technical Evaluation Panel. The local government unit may delegate 
72.2 	the decision authority for wetland boundary or type determinations with the zoning 
72.3 	administrator to designated staff, or establish other procedures it considers appropriate.
72.4 	(c) The local government unit decision must be made in compliance with section 
72.5 	15.99. Within ten calendar days of the decision, the local government unit decision must 
72.6 	be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 
72.7 	district or watershed management organization, if one exists, and individual members of 
72.8 	the public who request a copy. 
72.9 	(d) Appeals of decisions made by designated local government staff must be made 
72.10 	to the local government unit. Notwithstanding any law to the contrary, a ruling on an 
72.11 	appeal must be made by the local government unit within 30 days from the date of the 
72.12 	filing of the appeal.
72.13 	(e) The local government unit decision is valid for three years unless the Technical 
72.14 	Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 
72.15 	or soils of the area have been sufficient to alter the wetland boundary or type.

72.16 	Sec. 9. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to read:
72.17 		Subd. 9.Appeal. (a) Appeal of a replacement plan, exemption, wetland banking, 
72.18 	wetland boundary or type determination, or no-loss decision, or restoration order may 
72.19 	be obtained by mailing a petition and payment of a filing fee of $200, which shall be 
72.20 	retained by the board to defray administrative costs, to the board within 30 days after the 
72.21 	postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 
72.22 	30 days, the decision becomes final. The local government unit may require the petitioner 
72.23 	to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the 
72.24 	petition for hearing is accepted, the amount posted must be returned to the petitioner. 
72.25 	Appeal may be made by:
72.26 	(1) the wetland owner;
72.27 	(2) any of those to whom notice is required to be mailed under subdivision 7; or
72.28 	(3) 100 residents of the county in which a majority of the wetland is located.
72.29 	(b) Within 30 days after receiving a petition, the board shall decide whether to 
72.30 	grant the petition and hear the appeal. The board shall grant the petition unless the board 
72.31 	finds that:
72.32 	(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
72.33 	(2) the petitioner has not exhausted all local administrative remedies;
72.34 	(3) expanded technical review is needed;
72.35 	(4) the local government unit's record is not adequate; or
73.1 	(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 
73.2 	by the local government unit.
73.3 	(c) In determining whether to grant the appeal, the board shall also consider the 
73.4 	size of the wetland, other factors in controversy, any patterns of similar acts by the local 
73.5 	government unit or petitioner, and the consequences of the delay resulting from the appeal.
73.6 	(d) All appeals must be heard by the committee for dispute resolution of the board, 
73.7 	and a decision made within 60 days of filing the local government unit's record and the 
73.8 	written briefs submitted for the appeal. The decision must be served by mail on the parties 
73.9 	to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 
73.10 	grant a petition for appeal and a decision on the merits of an appeal must be considered the 
73.11 	decision of an agency in a contested case for purposes of judicial review under sections 
73.12 	14.63 to 14.69. 
73.13 	(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to 
73.14 	defray the administrative costs of appeals made to the board under this subdivision. Fees 
73.15 	established under this authority shall not exceed $1,000. Establishment of the fee is not 
73.16 	subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

73.17 	Sec. 10. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to 
73.18 	read:
73.19 		Subd. 12.Replacement credits. (a) No public or private wetland restoration, 
73.20 	enhancement, or construction may be allowed for replacement unless specifically 
73.21 	designated for replacement and paid for by the individual or organization performing the 
73.22 	wetland restoration, enhancement, or construction, and is completed prior to any draining 
73.23 	or filling of the wetland.
73.24 	(b) Paragraph (a) does not apply to a wetland whose owner has paid back with 
73.25 	interest the individual or organization restoring, enhancing, or constructing the wetland.
73.26 	(c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) (i), the 
73.27 	following actions, and others established in rule, that are consistent with criteria in rules 
73.28 	adopted by the board in conjunction with the commissioners of natural resources and 
73.29 	agriculture, are eligible for replacement credit as determined by the local government unit, 
73.30 	including enrollment in a statewide wetlands bank: 
73.31 	(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 
73.32 	on agricultural land that was planted with annually seeded crops, was in a crop rotation 
73.33 	seeding of pasture grasses or legumes, or was in a land retirement program during the 
73.34 	past ten years;
74.1 	(2) buffer areas of permanent native, noninvasive vegetative cover established or 
74.2 	preserved on upland adjacent to replacement wetlands;
74.3 	(3) wetlands restored for conservation purposes under terminated easements or 
74.4 	contracts; and
74.5 	(4) water quality treatment ponds constructed to pretreat storm water runoff prior 
74.6 	to discharge to wetlands, public waters, or other water bodies, provided that the water 
74.7 	quality treatment ponds must be associated with an ongoing or proposed project that 
74.8 	will impact a wetland and replacement credit for the treatment ponds is based on the 
74.9 	replacement of wetland functions and on an approved stormwater management plan for 
74.10 	the local government that include pretreatment of runoff and function as a wetland.
74.11 	(d) Notwithstanding section 103G.222, subdivision 1, paragraphs (e) (f) and (f) (g), 
74.12 	the board may establish by rule different replacement ratios for restoration projects with 
74.13 	exceptional natural resource value. 

74.14 	Sec. 11. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to 
74.15 	read:
74.16 		Subd. 15.Fees paid to board. (a) All fees established in subdivision 14 must be 
74.17 	paid to the Board of Water and Soil Resources and credited to the general fund to be used 
74.18 	for the purpose of administration of the wetland bank.
74.19 	(b) All fees established in subdivision 9 must be paid to the Board of Water and Soil 
74.20 	Resources and credited to the special revenue fund. Money received from fees paid under 
74.21 	this paragraph is annually appropriated to the board to process appeals under subdivision 9.

74.22 	Sec. 12. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to 
74.23 	read:
74.24 		Subd. 2.Plan contents. A comprehensive wetland protection and management 
74.25 	plan may:
74.26 	(1) provide for classification of wetlands in the plan area based on:
74.27 	(i) an inventory of wetlands in the plan area;
74.28 	(ii) an assessment of the wetland functions listed in section 103B.3355, using a 
74.29 	methodology chosen by the Technical Evaluation Panel from one of the methodologies 
74.30 	established or approved by the board under that section; and 
74.31 	(iii) the resulting public values;
74.32 	(2) vary application of the sequencing standards in section 103G.222, subdivision 1, 
74.33 	paragraph (b), for projects based on the classification and criteria set forth in the plan; 
75.1 	(3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs 
75.2 	(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific 
75.3 	wetland impacts provided there is no net loss of public values within the area subject to 
75.4 	the plan, and so long as: 
75.5 	(i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced 
75.6 	wetland for each acre of drained or filled wetland requiring replacement is met within 
75.7 	the area subject to the plan; and
75.8 	(ii) in a less than 50 percent area, a minimum acreage requirement of two acres of 
75.9 	replaced wetland for each acre of drained or filled wetland requiring replacement is met 
75.10 	within the area subject to the plan, except that replacement for the amount above a 1:1 
75.11 	ratio can be accomplished as described in section 103G.2242, subdivision 12; and
75.12 	(4) in a greater than 80 percent area, allow replacement credit, based on the 
75.13 	classification and criteria set forth in the plan, for any project that increases the public 
75.14 	value of wetlands, including activities on adjacent upland acres; and
75.15 	(5) in a greater than 80 percent area, based on the classification and criteria set forth 
75.16 	in the plan, expand the application of the exemptions in section 103G.2241, subdivision 
75.17 	1, paragraph (a), clause (4), to also include nonagricultural land, provided there is no 
75.18 	net loss of wetland values. 

75.19 	Sec. 13. RULEMAKING.
 75.20 	Within 90 days of the effective date of this section, the Board of Water and Soil 
75.21 	Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate 
75.22 	into the rules changes enacted in Minnesota Statutes, and the wetland replacement and 
75.23 	banking provisions in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are 
75.24 	exempt from the rulemaking provisions of Minnesota Statutes, chapter 14, except that 
75.25 	Minnesota Statutes, section 14.386, applies and the proposed rules must be submitted 
75.26 	to the legislative committees with jurisdiction over environment and natural resources 
75.27 	at least 30 days prior to being published in the State Register. The amended rules are 
75.28 	effective for two years from the date of publication in the State Register unless they are 
75.29 	superceded by permanent rules.

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

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

76.1 	ARTICLE 6
76.2 	ENVIRONMENTAL POLICY

76.3 	Section 1. [16B.327] DEFINITIONS.
76.4 		Subdivision 1.Application. For the purposes of section 16B.328, the definitions 
76.5 	in this section have the meanings given.
76.6 		Subd. 2.Energy conservation. "Energy conservation" means reducing energy use 
76.7 	and includes using a light with lower wattage or time controls.
76.8 		Subd. 3.Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5 
76.9 	percent or less of the lamp lumens are emitted above a horizontal plane through the 
76.10 	luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical 
76.11 	angle 80 degrees above the luminaire's lowest point.
76.12 		Subd. 4.Light pollution. "Light pollution" means the night sky glow caused by the 
76.13 	scattering of artificial light in the atmosphere.
76.14 		Subd. 5.Outdoor lighting fixture. "Outdoor lighting fixture" means any type of 
76.15 	fixed or movable lighting equipment that is designed or used for illumination outdoors. 
76.16 	The term includes billboard lighting, streetlights, searchlights, and other lighting used for 
76.17 	advertising purposes and area lighting. The term does not include lighting equipment 
76.18 	that is required by law to be installed on motor vehicles or lighting required for the safe 
76.19 	operation of aircraft.

76.20 	Sec. 2. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING 
76.21 	FIXTURES; MODEL ORDINANCE.
76.22 		Subdivision 1.Outdoor lighting fixtures. (a) An outdoor lighting fixture may be 
76.23 	installed or replaced using state funds only if:
76.24 	(1) the new or replacement outdoor lighting fixture is a  cutoff luminaire if the rated 
76.25 	output of the outdoor lighting fixture is greater than 1,800 lumens;
76.26 	(2) the minimum illuminance adequate for the intended purpose is used with 
76.27 	consideration given to nationally recognized standards;
76.28 	(3) for lighting of a designated highway of the state highway system, the Department 
76.29 	of Transportation determines that the purpose of the outdoor lighting fixture cannot be 
76.30 	achieved by the installation of reflective road markers, lines, warning or informational 
76.31 	signs, or other effective passive methods; and
76.32 	(4) full consideration has been given to energy conservation and savings, reducing 
76.33 	glare, minimizing light pollution, and preserving the natural night environment.
76.34 	(b) Paragraph (a) does not apply if:
77.1 	(1) a federal law, rule, or regulation preempts state law;
77.2 	(2) the outdoor lighting fixture is used on a temporary basis because emergency 
77.3 	personnel require additional illumination for emergency procedures;
77.4 	(3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
77.5 	(4) special events or situations require additional illumination, provided that the 
77.6 	illumination installed shields the outdoor lighting fixtures from direct view and minimizes 
77.7 	upward lighting and light pollution;
77.8 	(5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of 
77.9 	a single object or distinctive building; or
77.10 	(6) a compelling safety interest exists that cannot be addressed by another method.
77.11 	(c) This subdivision does not apply to the operation and maintenance of lights or 
77.12 	lighting systems purchased or installed, or for which design work is completed, before 
77.13 	August 1, 2007.
77.14 	(d) This section does not apply if a state agency or local unit of government 
77.15 	determines that compliance with this section would:
77.16 	(1) require an increased use of electricity;
77.17 	(2) increase the construction cost of a lighting system more than 15 percent over the 
77.18 	construction cost of a lighting system that does not comply with this section;
77.19 	(3) increase the cost of operation and maintenance of the lighting system more than 
77.20 	ten percent over the cost of operating and maintaining the existing lighting system over 
77.21 	the life of the lighting system; or 
77.22 	(4) result in a negative safety impact.
77.23 		Subd. 2.Model ordinance. The commissioner of administration, in consultation 
77.24 	with the commissioner of commerce, associations for local governments, and any other 
77.25 	interested person, shall develop a model ordinance that can be adapted for use by cities, 
77.26 	counties, and towns, governing outdoor lighting to reduce light pollution. The model 
77.27 	ordinance must include provisions addressing elements similar to those in subdivision 1. 
77.28 	In addition, the model ordinance must address:
77.29 	(1) standards for lighting on private property, outdoor advertising, lighting on 
77.30 	commercial, industrial, or institutional property, canopies covering fueling stations, and 
77.31 	public streets, sidewalks, and alleys;
77.32 	(2) how illumination levels should be measured;
77.33 	(3) possible exemptions, such as for temporary emergency or hazard lighting;
77.34 	(4) recommended elements for an exterior lighting plan for a development;
77.35 	(5) treatment of nonconforming lighting;
77.36 	(6) lighting standards that might apply in special subdistricts;
78.1 	(7) light pole maximum heights; and
78.2 	(8) light trespass.

78.3 	Sec. 3. Minnesota Statutes 2006, section 115.56, subdivision 2, is amended to read:
78.4 		Subd. 2.License required. (a) Except as provided in paragraph (b), after March 31, 
78.5 	1996, a person may not design, install, maintain, pump, or inspect an individual sewage 
78.6 	treatment system without a license issued by the commissioner.
78.7 	(b) A license is not required for a person who complies with the applicable 
78.8 	requirements if the person is:
78.9 	(1) a qualified employee of state or local government who has passed the 
78.10 	examination described in paragraph (d) or a similar examination;
78.11 	(2) an individual who constructs an individual sewage treatment system on land that 
78.12 	is owned or leased by the individual and functions solely as the individual's dwelling or 
78.13 	seasonal dwelling;
78.14 	(3) a farmer who pumps and disposes of sewage waste from individual sewage 
78.15 	treatment systems, holding tanks, and privies on land that is owned or leased by the 
78.16 	farmer; or
78.17 	(4) an individual who performs labor or services for a person licensed under this 
78.18 	section in connection with the design, installation, maintenance, pumping, or inspection of 
78.19 	an individual sewage treatment system at the direction and under the personal supervision 
78.20 	of a person licensed under this section.
78.21 	A person constructing an individual sewage treatment system under clause (2) must 
78.22 	consult with a site evaluator or designer before beginning construction. In addition, the 
78.23 	system must be inspected before being covered and a compliance report must be provided 
78.24 	to the local unit of government after the inspection.
78.25 	(c) The commissioner, in conjunction with the University of Minnesota Extension 
78.26 	Service or another higher education institution, shall ensure adequate training exists for 
78.27 	individual sewage treatment system professionals.
78.28 	(d) The commissioner shall conduct examinations to test the knowledge of applicants 
78.29 	for licensing and shall issue documentation of licensing.
78.30 	(e) Licenses may be issued only upon successful completion of the required 
78.31 	examination and submission of proof of sufficient experience, proof of general liability 
78.32 	insurance, and a corporate surety bond in the amount of at least $10,000.
78.33 	(f) Notwithstanding paragraph (e), the examination and proof of experience are not 
78.34 	required for an individual sewage treatment system professional who, on the effective date 
79.1 	of the rules adopted under subdivision 1, holds a certification attained by examination and 
79.2 	experience under a voluntary certification program administered by the agency.
79.3 	(g) Local units of government may not require additional local licenses for individual 
79.4 	sewage treatment system professionals.
79.5 	(h) A pumper whose annual gross revenue from pumping systems is $9,000 or 
79.6 	less and whose gross revenue from pumping systems during the year ending May 11, 
79.7 	1994, was at least $1,000 is not subject to training requirements in rules adopted under 
79.8 	subdivision 1, except for any training required for initial licensure.
79.9 	(i) Until December 31, 2010, no other professional license is required to: 
79.10 	(1) design, install, maintain, or inspect an individual sewage treatment system with a 
79.11 	flow of 10,000 gallons of water per day or less if the system designer, installer, maintainer, 
79.12 	or inspector is licensed under this subdivision and the local unit of government has not 
79.13 	adopted additional requirements; and
79.14 	(2) operate an individual sewage treatment system with a flow of 10,000 gallons 
79.15 	of water per day or less if the system operator is licensed as a system designer, installer, 
79.16 	maintainer, or inspector under this subdivision and the local unit of government has not 
79.17 	adopted additional requirements.

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

79.19 	Sec. 4. Minnesota Statutes 2006, section 115A.932, subdivision 1, is amended to read:
79.20 		Subdivision 1.Prohibitions and recycling requirements. (a) A person may not 
79.21 	place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical 
79.22 	or scientific instrument, or fluorescent or high-intensity discharge lamp, electric relay,
79.23 	or other electrical device from which the mercury has not been removed for reuse or 
79.24 	recycling:
79.25 	(1) in solid waste; or
79.26 	(2) in a wastewater disposal system.
79.27 	(b) A person may not knowingly place mercury or a thermostat, thermometer, 
79.28 	electric switch, appliance, gauge, medical or scientific instrument, or fluorescent or 
79.29 	high-intensity discharge lamp, electric relay, or other electrical device from which the 
79.30 	mercury has not been removed for reuse or recycling:
79.31 	(1) in a solid waste processing facility; or
79.32 	(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4. 
79.33 	(c) A person may not knowingly place a fluorescent or high intensity discharge lamp:
79.34 	(1) in solid waste; or
80.1 	(2) in a solid waste facility, except a household hazardous waste collection or 
80.2 	recycling facility.
80.3 	This paragraph does not apply to waste lamps generated by households until August 
80.4 	1, 1994.
80.5 	(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery 
80.6 	of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or 
80.7 	to a facility that collects and stores lamps for the purpose of delivering them to a lamp 
80.8 	recycling facility, including, but not limited to, a household hazardous waste collection 
80.9 	or recycling facility, retailer take-back and utility provider program sites, or other sites 
80.10 	designated by an electric utility under section 216B.241, subdivisions 2 and 4.

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

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

80.30 	Sec. 6. Minnesota Statutes 2006, section 116.0714, is amended to read:
80.31 	116.0714 NEW OPEN AIR SWINE BASINS.
80.32 	After May 18, 2002, The commissioner of the Pollution Control Agency or a county 
80.33 	board shall not approve any permits for the construction of new open air swine basins, 
81.1 	except that existing facilities may use one basin of less than 1,000,000 gallons as part 
81.2 	of a permitted waste treatment program for resolving pollution problems or to allow 
81.3 	conversion of an existing basin of less than 1,000,000 gallons to a different animal type, 
81.4 	provided all standards are met. This section expires June 30, 2007 2012.

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

81.6 	Sec. 7. Minnesota Statutes 2006, section 116.23, is amended to read:
81.7 	116.23 PROHIBITION AND RESTRICTIONS.
81.8 		Subdivision 1.Nutrient concentrations. No person shall manufacture for use or 
81.9 	sale in Minnesota or import into Minnesota for resale any cleaning agent or chemical 
81.10 	water conditioner which contains a prescribed nutrient in a concentration that is greater 
81.11 	than the prescribed maximum permissible concentration of that nutrient in that cleaning 
81.12 	agent or chemical water conditioner.
81.13 		Subd. 2.Residential dishwasher detergent. No person shall sell, distribute, offer, 
81.14 	or expose for sale at retail any household dishwasher detergent that contains more than 0.5 
81.15 	percent phosphorus by weight. This subdivision does not apply to the sale or distribution 
81.16 	of detergents for commercial or institutional dishwashing purposes.

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

81.18 	Sec. 8. Minnesota Statutes 2006, section 116.92, subdivision 3, is amended to read:
81.19 		Subd. 3.Labeling; products containing mercury. (a) A manufacturer or 
81.20 	wholesaler may not sell and a retailer may not knowingly sell any of the following items 
81.21 	in this state that contain mercury unless the item is labeled in a manner to clearly inform a 
81.22 	purchaser or consumer that mercury is present in the item and that the item may not be 
81.23 	placed in the garbage until the mercury is removed and reused, recycled, or otherwise 
81.24 	managed to ensure that it does not become part of solid waste or wastewater:
81.25 	(1) a thermostat or thermometer;
81.26 	(2) an electric switch, individually or as part of another product, other than a motor 
81.27 	vehicle;
81.28 	(3) an appliance;
81.29 	(4) a medical or scientific instrument; and
81.30 	(5) an electric relay or other electrical device;
81.31 	(6) a fluorescent or high-intensity discharge lamp, individually or as part of another 
81.32 	product; and
81.33 	(7) laboratory chemicals, reagents, fixatives, and electrodes.
82.1 	(b) Labeling of items in accordance with mercury product labeling plans approved 
82.2 	by another state that is a member of the Interstate Mercury Education and Reduction 
82.3 	Clearinghouse (IMERC) shall be considered to be in compliance with this section. The 
82.4 	manufacturer shall provide a copy of the labeling plan to the agency and shall notify the 
82.5 	agency if the approval is modified.
82.6 	(c) Manufacturers of products that contain a mercury-containing lamp not intended 
82.7 	to be replaceable by the user or consumer shall meet the product labeling requirements of 
82.8 	this section by placing the label on the product or in the care and use manual or product 
82.9 	instructions.

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

82.12 	Sec. 9. Minnesota Statutes 2006, section 116.92, subdivision 7a, is amended to read:
82.13 		Subd. 7a.Fluorescent and high-intensity discharge lamps; residential 
82.14 	applications. (a) Any information regarding fluorescent and high-intensity discharge 
82.15 	lamps containing mercury that is sent by a utility to a customer, present on a utility's Web 
82.16 	site, or contained in a utility's print, radio, or video advertisement, must:
82.17 	(1) state that the lamps contain mercury;
82.18 	(2) state that mercury is harmful to the environment and;
82.19 	(3) state that it is illegal to place them placing the lamps in garbage is illegal; and
82.20 	(2)(4) provide a toll-free telephone number or Web site that customers can access to 
82.21 	learn how to lawfully dispose of the lamps.
82.22 	(b) The information under paragraph (a) must be:
82.23 	(1) provided in a minimum of 12-point type in print or online media;
82.24 	(2) conveyed in television and radio advertisements; and
82.25 	(3) provided in a manner that the ordinary consumer will understand that fluorescent 
82.26 	and high-intensity discharge lamps contain mercury and must not be placed in garbage 
82.27 	in Minnesota.

82.28 	Sec. 10. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
82.29 	to read:
82.30 		Subd. 8b.Ban; mercury-containing sphygmomanometers. After August 1, 
82.31 	2007, a person may not sell, offer for sale, distribute, install, or reinstall in the state a 
82.32 	sphygmomanometer containing mercury.

83.1 	Sec. 11. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
83.2 	to read:
83.3 		Subd. 8c.Ban; mercury-containing gastrointestinal devices. After August 1, 
83.4 	2007, a person may not sell, offer for sale, distribute, or use in the state an esophageal 
83.5 	dilator, bougie tube, gastrointestinal tube, feeding tube, or similar device containing 
83.6 	mercury.

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

83.14 	Sec. 13. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
83.15 	to read:
83.16 		Subd. 8e.Ban; mercury-containing switches and relays. (a) After August 1, 
83.17 	2007, a person may not sell, offer for sale, or distribute in the state a mercury switch or 
83.18 	mercury relay individually or as part of another product.
83.19 	(b) For the purposes of this subdivision:
83.20 	(1) "mercury relay" means a mercury-containing product or device that opens or 
83.21 	closes electrical contacts to affect the operation of other devices in the same or another 
83.22 	electrical circuit and includes, but is not limited to, mercury displacement relays, mercury 
83.23 	wetted reed relays, and mercury contact relays; and 
83.24 	(2) "mercury switch" means a mercury-containing product or device that opens or 
83.25 	closes an electrical circuit or gas valve and includes, but is not limited to, mercury float 
83.26 	switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a 
83.27 	change in the switch position, mercury pressure switches actuated by a change in pressure, 
83.28 	mercury temperature switches actuated by a change in temperature, and mercury flame 
83.29 	sensors. A mercury switch does not include a mercury-added thermostat or a mercury 
83.30 	diostat.
83.31 	(c) A manufacturer shall be in compliance with this subdivision if:
83.32 	(1) it has received an exclusion or exemption from a state that is a member of the 
83.33 	Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement 
83.34 	parts or for a use where no feasible alternative is available;
84.1 	(2) it submits a copy of the approved exclusion or exemption to the commissioner; 
84.2 	and
84.3 	(3) it meets all of the requirements in the approved exclusion or exemption for its 
84.4 	activities within the state.

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

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

84.17 	Sec. 16. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
84.18 	to read:
84.19 		Subd. 8h.Ban; mercury in over-the-counter pharmaceuticals. After January 
84.20 	1, 2008, a person may not sell, offer for sale, or distribute in the state for human use an 
84.21 	over-the-counter pharmaceutical product containing mercury.

84.22 	Sec. 17. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
84.23 	to read:
84.24 		Subd. 8i.Ban; mercury in cosmetics, toiletries, and fragrances. After January 1, 
84.25 	2008, a person may not sell, offer for sale, or distribute in the state a cosmetic, toiletry, 
84.26 	or fragrance product containing mercury.

84.27 	Sec. 18. Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision 
84.28 	to read:
84.29 		Subd. 8j.Exclusion for existing equipment. The prohibitions in subdivisions 8b to 
84.30 	8g do not apply if a switch, relay, or measuring device is used to replace a switch, relay, or 
84.31 	measuring device that is a component of a larger product in use prior to January 1, 2008, 
85.1 	provided the owner of that equipment has made every reasonable effort to determine that 
85.2 	no compatible nonmercury replacement component exists.

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

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

85.14 	Sec. 21. Minnesota Statutes 2006, section 116.93, subdivision 2, is amended to read:
85.15 		Subd. 2.Lamp recycling facility; permits or licenses; reporting. (a) A person 
85.16 	may not operate a lamp recycling facility without obtaining a permit or license for the 
85.17 	facility from the agency. The permit or license must require:
85.18 	(1) a plan for response to releases, including emergency response;
85.19 	(2) proof of financial responsibility for closure and any necessary postclosure care at 
85.20 	the facility which may include a performance bond or other insurance; and
85.21 	(3) liability insurance or another financial mechanism that provides proof of financial 
85.22 	responsibility for response actions required under chapter 115B; and
85.23 	(4) by March 1 each year, beginning in 2008, an annual report to the agency on the 
85.24 	number and type of lamps received from businesses and households in the state and total 
85.25 	number of lamps received from all generators outside of the state
85.26 	The agency shall specify the format for the report under clause (4) and make the 
85.27 	reported information available on the agency's Web site.
85.28 	(b) A lamp recycling facility that is licensed or permitted by a county under section 
85.29 	473.811, subdivision 5b, complies with this subdivision if the license or permit held by the 
85.30 	facility contains at least all the terms and conditions required by the agency for a license 
85.31 	or permit issued under this subdivision. 
85.32 	(c) A lamp recycling facility with a demonstrated capability for recycling that is in 
85.33 	operation prior to adoption of rules for a licensing or permitting process for the facility 
86.1 	by the agency may continue to operate in accordance with a compliance agreement or 
86.2 	other approval by the commissioner until a license or permit is issued by the agency 
86.3 	under this subdivision.

86.4 	Sec. 22. [121A.33] CERTAIN MERCURY USE IN SCHOOLS PROHIBITED.
86.5 	(a) For the purposes of this section, "school" has the meaning given under section 
86.6 	120A.22, subdivision 4, excluding home schools.
86.7 	(b) After December 31, 2007, a school shall not:
86.8 	(1) purchase or use elemental mercury for any purpose; and
86.9 	(2) purchase or use an instrument of measurement that contains mercury, including, 
86.10 	but not limited to, a thermometer, barometer, or sphygmomanometer, or a manometer 
86.11 	containing mercury.
86.12 	(c) After December 31, 2009, a school shall not:
86.13 	(1) store elemental mercury for any purpose; and
86.14 	(2) store an instrument of measurement that contains mercury, including, but not 
86.15 	limited to, a thermometer, barometer, sphygmomanometer, or a manometer containing 
86.16 	mercury.
86.17 	(d) This section does not apply to thermostats for heating, ventilation, and air 
86.18 	conditioning in the school.

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

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

86.29 	Sec. 24. ISTS LICENSING REPORT.
 86.30 	The commissioner of the Pollution Control Agency must report to the legislative 
86.31 	committees with jurisdiction on environmental policy by February 15, 2008, after 
86.32 	consulting with officials from the Minnesota Onsite Wastewater Association; the 
86.33 	Minnesota Society of Professional Engineers; the American Council of Engineering 
87.1 	Companies; the Minnesota Association of Professional Soil Scientists; the Minnesota 
87.2 	Board of Architecture, Engineering, Land Surveying, Landscape Architecture, 
87.3 	Geoscience, and Interior Design; the Geoscience Professional Organization; the University 
87.4 	of Minnesota Water Resources Center; the Association of Minnesota Counties; the League 
87.5 	of Minnesota Cities; the Coalition of Greater Minnesota Cities; the Minnesota Association 
87.6 	of Small Cities; and the Minnesota Association of Townships, on further issues relating 
87.7 	to the licensing of individual sewage treatment systems.

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

87.9 	Sec. 25. BIOFUEL PERMITTING REPORT.
 87.10 	By January 15, 2008, the Pollution Control Agency, the commissioner of agriculture, 
87.11 	the commissioner of natural resources, and the Environmental Quality Board shall report 
87.12 	to the house and senate committees and divisions with jurisdiction over agriculture and 
87.13 	environment policy and budget on the process to issue permits for biofuel production 
87.14 	facilities. The report shall include:
87.15 	(1) information on the timing of the permits and measures taken to improve the 
87.16 	timing of the permitting process;
87.17 	(2) recommended changes to statutes, rules, fees, or procedures to improve the 
87.18 	biofuel production facility permitting process; and
87.19 	(3) other information or analysis that may be helpful in understanding or improving 
87.20 	the biofuel production facility permitting process.

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

87.22 	Sec. 26. ENDOCRINE DISRUPTOR REPORT.
 87.23 	(a) The commissioner of the Pollution Control Agency, in consultation with the 
87.24 	commissioner of agriculture, the commissioner of health, the commissioner of natural 
87.25 	resources, the University of Minnesota, and the United States Environmental Protection 
87.26 	Agency, may prepare a report on strategies to address endocrine disruptors in waters of 
87.27 	the state. The report may include:
87.28 	(1) a review of the current literature of known endocrine disrupting compounds to 
87.29 	determine which ones are most likely to be of significance to humans, fish, and wildlife 
87.30 	in Minnesota;
87.31 	(2) a review of scientific studies to determine whether these compounds have the 
87.32 	potential to account for known effects on humans, fish, and wildlife in Minnesota;
88.1 	(3) a review of the comparative risk posed by endocrine disrupting compounds to 
88.2 	the long-term viability of populations of fish and wildlife; and
88.3 	(4) an evaluation of the practicability and the cost of prevention and remediation 
88.4 	strategies for any endocrine disrupting compounds found in clauses (1) and (2), as well as 
88.5 	other potential endocrine disruptors.
88.6 	(b) By January 15, 2008, the commissioner may submit the report to the house of 
88.7 	representatives and senate committees and divisions with jurisdiction over environment 
88.8 	and natural resources policy and finance.

88.9 	ARTICLE 7
88.10 	COMMUNITY FORESTRY

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

88.15 	Sec. 2. Minnesota Statutes 2006, section 18G.11, is amended to read:
88.16 	18G.11 COOPERATION WITH OTHER JURISDICTIONS.
88.17 		Subdivision 1.Detection and control agreements. The commissioner may enter 
88.18 	into cooperative agreements with organizations, persons, civic groups, governmental 
88.19 	agencies, or other organizations to adopt and execute plans to detect and control areas 
88.20 	infested or infected with harmful plant pests. The cooperative agreements may include 
88.21 	provisions of joint funding of any control treatment.
88.22 	If a harmful plant pest infestation or infection occurs and cannot be adequately 
88.23 	controlled by individual persons, owners, tenants, or local units of government, the 
88.24 	commissioner may conduct the necessary control measures independently or on a 
88.25 	cooperative basis with federal or other units of government.
88.26 		Subd. 2.New and emerging plant pest programs. The commissioner may make 
88.27 	grants to municipalities or enter into contracts with municipalities, nurseries, colleges, 
88.28 	universities, state or federal agencies in connection with new or emerging plant pests 
88.29 	programs, including research, or any other organization with the legal authority to enter 
88.30 	into contractual agreements.

88.31 	Sec. 3. Minnesota Statutes 2006, section 84D.14, is amended to read:
88.32 	84D.14 EXEMPTIONS.
89.1 	This chapter does not apply to:
89.2 	(1) pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.16
89.3 	18G.14; or 
89.4 	(2) mammals and birds defined by statute as livestock.

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

89.10 	Sec. 5. Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read:
89.11 		Subdivision 1.Employment of competent foresters; service to private owners.
 89.12 	The commissioner of natural resources may employ competent foresters to furnish owners 
89.13 	of forest lands within the state of Minnesota who own not more than 1,000 acres of forest 
89.14 	land, forest management services consisting of: 
89.15 	(1) advice in management and protection of timber, including written stewardship 
89.16 	and forest management plans; 
89.17 	(2) selection and marking of timber to be cut; 
89.18 	(3) measurement of products; 
89.19 	(4) aid in marketing harvested products;
89.20 	(5) provision of tree-planting equipment; and
89.21 	(6) advice in community forest management; and
89.22 	(7) such other services as the commissioner of natural resources deems necessary 
89.23 	or advisable to promote maximum sustained yield of timber and other benefits upon 
89.24 	such forest lands.

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

90.1 	Sec. 7. Minnesota Statutes 2006, section 88.82, is amended to read:
90.2 	88.82 MINNESOTA RELEAF PROGRAM.
90.3 	The Minnesota releaf program is established in the Department of Natural Resources 
90.4 	to encourage, promote, and fund the inventory, planting, assessment, maintenance, and
90.5 	improvement, protection, and restoration of trees and forest resources in this state to 
90.6 	enhance community forest ecosystem health and sustainability as well as to reduce 
90.7 	atmospheric carbon dioxide levels and promote energy conservation.

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

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

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

90.23 	Sec. 11. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 
90.24 	to read:
90.25 		Subd. 17.Community forest. "Community forest" has the meaning given under 
90.26 	section 88.01, subdivision 27.

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

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

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

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

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

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

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

92.5 	Sec. 19. Minnesota Statutes 2006, section 89.52, is amended to read:
92.6 	89.52 SURVEYS, INVESTIGATIONS.
92.7 	The commissioner shall make surveys and investigations to determine the presence 
92.8 	of infestations of forest pests or shade tree pests. For this purpose, duly designated 
92.9 	representatives of the commissioner may enter at reasonable times on public and private 
92.10 	lands for the purpose of conducting such to conduct the surveys and investigations.

92.11 	Sec. 20. Minnesota Statutes 2006, section 89.53, is amended to read:
92.12 	89.53 CONTROL OF FOREST PESTS AND SHADE TREE PESTS.
92.13 		Subdivision 1.Commissioner's duties; notice of control measures. Whenever the 
92.14 	commissioner finds that an area in the state is infested or threatened to be infested with 
92.15 	forest pests or shade tree pests, the commissioner shall determine whether measures of 
92.16 	control are needed and are available, what control measures are to be applied, and the area 
92.17 	over which the control measures shall be applied. The commissioner shall prescribe 
92.18 	a proposed zone of infestation covering the area in which control measures are to be 
92.19 	applied and shall publish notice of the proposal once a week, for two successive weeks 
92.20 	in a newspaper having a general circulation in each county located in whole or in part 
92.21 	in the proposed zone of infestation. Prescribing zones of infestation isand prescribing 
92.22 	measures of control are exempt from the rulemaking provisions of chapter 14 and section 
92.23 	14.386 does not apply. 
92.24 		Subd. 2.Notice requirements; public comment. The notice shall include a 
92.25 	description of the boundaries of the proposed zone of infestation, the control measures 
92.26 	to be applied, and a time and place where municipalities and owners of forest lands or 
92.27 	shade trees in the zone may show cause orally or in writing why the zone and control 
92.28 	measures should or should not be established. The commissioner shall consider any 
92.29 	statements received in determining whether the zone shall be established and the control 
92.30 	measures applied.
92.31 		Subd. 3.Experimental programs. The commissioner may establish experimental 
92.32 	programs for the control of forest pests or shade tree pests and for municipal reforestation.

93.1 	Sec. 21. Minnesota Statutes 2006, section 89.54, is amended to read:
93.2 	89.54 ZONES OF INFESTATION, ESTABLISHMENT.
93.3 	Upon the decision by the commissioner that the establishment of a zone of 
93.4 	infestation is necessary, the commissioner shall make a written order establishing said
93.5 	the  zone, and upon making said the order, said the zone shall be established. Notice of the 
93.6 	establishment of the zone shall thereupon be published in a newspaper having a general 
93.7 	circulation in each county located in whole or in part in the proposed zone and posted on 
93.8 	the Department of Natural Resources Web site.

93.9 	Sec. 22. Minnesota Statutes 2006, section 89.55, is amended to read:
93.10 	89.55 INFESTATION CONTROL, COSTS.
93.11 	Upon the establishment of the zone of infestation, the commissioner may apply 
93.12 	measures of infestation prevention and control on public and private forest and other lands 
93.13 	within such the zone and to any trees, timber, plants or shrubs thereon, wood or wood 
93.14 	products, or contaminated soil  harboring or which may harbor the forest pests or shade 
93.15 	tree pests. For this purpose, the duly authorized representatives of the commissioner 
93.16 	are authorized to enter upon any lands, public or private within such the zone. The 
93.17 	commissioner may enter into agreements with owners of the lands in the zone covering 
93.18 	the control work on their lands, and fixing the pro rata basis on which the cost of such the
93.19 	work will be shared between the commissioner and said the owner.

93.20 	Sec. 23. Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read:
93.21 		Subdivision 1.Statement of expenses; cost to owners. At the end of each fiscal 
93.22 	year and upon completion of the infestation control measures in any zone of infestation, 
93.23 	the commissioner shall prepare a certified statement of expenses incurred in carrying 
93.24 	out such the measures, including expenses of owners covered by agreements entered 
93.25 	into pursuant to section 89.55. The statement shall show the amount which that the 
93.26 	commissioner determines to be its the commissioner's share of the expenses. The share of 
93.27 	the commissioner may include funds and the value of other contributions made available 
93.28 	by the federal government and other cooperators. The balance of such the costs shall 
93.29 	constitute a charge on an acreage basis as provided herein against the owners of lands in 
93.30 	the zone containing trees valuable or potentially valuable for commercial timber purposes 
93.31 	and affected or likely to be affected by the forest pests or shade tree pests for which control 
93.32 	measures were conducted. In fixing the rates at which charges shall be made against each 
93.33 	owner, the commissioner shall consider the present commercial value of the trees on the 
93.34 	land, the present and potential benefits to such the owner from the application of the 
94.1 	control measures, and the cost of applying such the measures to the land, and such other 
94.2 	factors as in the discretion of the commissioner will enable determination of an equitable 
94.3 	distribution of the cost to all such owners. No charge shall be made against owners to the 
94.4 	extent that they have individually or as members of a cooperative association contributed 
94.5 	funds, supplies, or services pursuant to agreement under this section. 

94.6 	Sec. 24. Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read:
94.7 		Subd. 3.Collection. The unpaid charges assessed under sections 89.51 to 89.61
94.8 	89.64 and the actions of the commissioner on any protests filed pursuant to subdivision 2, 
94.9 	shall be reported to the tax levying authority for the county in which the lands for which 
94.10 	the charges are assessed are situated and shall be made a public record. Any charges 
94.11 	finally determined to be due shall become a special assessment and shall be payable 
94.12 	in the same manner and with the same interest and penalty charges and with the same 
94.13 	procedure for collection as apply to ad valorem property taxes. Upon collection of the 
94.14 	charges, the county treasurer shall forthwith cause the amounts thereof to be paid to the 
94.15 	forest pest and shade tree pest control fund account created by section 89.58. Any unpaid 
94.16 	charge or lien against the lands shall not be affected by the sale thereof or by dissolution 
94.17 	of the zone of infestation. 

94.18 	Sec. 25. Minnesota Statutes 2006, section 89.57, is amended to read:
94.19 	89.57 DISSOLUTION OF ZONE INFESTATION.
94.20 	Whenever the commissioner shall determine that forest pest or shade tree pest 
94.21 	control work within an established zone of infestation is no longer necessary or feasible, 
94.22 	the commissioner shall dissolve the zone.

94.23 	Sec. 26. Minnesota Statutes 2006, section 89.58, is amended to read:
94.24 	89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.
94.25 	All money collected under the provisions of sections 89.51 to89.61 89.64, together 
94.26 	with such money as may be appropriated by the legislature or allocated by the Legislative 
94.27 	Advisory Commission for the purposes of sections 89.51 to 89.61 89.64, and such money 
94.28 	as may be contributed or paid by the federal government, or any other public or private 
94.29 	agency, organization or individual, shall be deposited in the state treasury, to the credit 
94.30 	of the forest pest and shade tree pest control account, which account is hereby created, 
94.31 	and any moneys therein are appropriated to the commissioner for use in carrying out the 
94.32 	purposes hereof of sections 89.51 to 89.64. 

95.1 	Sec. 27. Minnesota Statutes 2006, section 89.59, is amended to read:
95.2 	89.59 COOPERATION.
95.3 	The commissioner may cooperate with the United States or agencies thereof, other 
95.4 	agencies of the state, county or municipal governments, agencies of neighboring states, or 
95.5 	other public or private organizations or individuals and may accept such funds, equipment, 
95.6 	supplies, or services from cooperators and others as itthe commissioner may provide in 
95.7 	agreements with the United States or its agencies for matching of federal funds as required 
95.8 	under laws of the United States relating to forest pests and shade tree pests.

95.9 	Sec. 28. Minnesota Statutes 2006, section 89.60, is amended to read:
95.10 	89.60 DUTIES, RULES; COMMISSIONER.
95.11 	The commissioner is authorized to employ personnel in accordance with the laws of 
95.12 	this state, to procure necessary equipment, supplies, and service, to enter into contracts, to 
95.13 	provide funds to any agency of the United States for work or services under sections 89.51
95.14 	to 89.61 89.64, and to designate or appoint, as its the commissioner's representatives, 
95.15 	employees of its cooperators, including employees of the United States or any agency 
95.16 	thereof. The commissioner may prescribe rules for carrying out the purposes hereof
95.17 	of this section. 

95.18 	Sec. 29. Minnesota Statutes 2006, section 89.61, is amended to read:
95.19 	89.61 ACT SUPPLEMENTAL.
95.20 	Provisions of sections 89.51 to 89.61 89.64 are supplementary to and not to be 
95.21 	construed to repeal existing legislation. 

95.22 	Sec. 30. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
95.23 		Subdivision 1.Grants. The commissioner may make grants to aid in the control of 
95.24 	a shade tree pest. To be eligible, a grantee must have a pest control program approved 
95.25 	by the commissioner that:
95.26 	(1) defines tree ownership and who is responsible for the costs associated with 
95.27 	control measures;
95.28 	(2) defines the zone of infestation within which the control measures are to be 
95.29 	applied;
95.30 	(3) includes a tree inspector certified under section 89.63 and having the authority to 
95.31 	enter and inspect private lands;
96.1 	(4) has the means to enforce measures needed to limit the spread of shade tree 
96.2 	pests; and
96.3 	(5) provides that grant money received will be deposited in a separate fund to be 
96.4 	spent only for the purposes authorized by this section.
96.5 		Subd. 2.Grant eligibility. The following are eligible for grants under this section:
96.6 	(1) a home rule charter or statutory city or a town that exercises municipal powers 
96.7 	under section 368.01 or any general or special law; 
96.8 	(2) a special park district organized under chapter 398; 
96.9 	(3) a special-purpose park and recreation board; 
96.10 	(4) a soil and water conservation district; 
96.11 	(5) a county; or
96.12 	(6) any other organization with the legal authority to enter into contractual 
96.13 	agreements.
96.14 		Subd. 3.Rules; applicability to municipalities. The rules and procedures adopted 
96.15 	under this chapter by the commissioner apply in a municipality unless the municipality 
96.16 	adopts an ordinance determined by the commissioner to be more stringent than the rules 
96.17 	and procedures of the commissioner. The rules and procedures of the commissioner or 
96.18 	the municipality apply to all state agencies, special purpose districts, and metropolitan 
96.19 	commissions as defined in section 473.121, subdivision 5a, that own or control land 
96.20 	adjacent to or within a zone of infestation.

96.21 	Sec. 31. [89.63] CERTIFICATION OF TREE INSPECTORS.
96.22 	(a) The governing body of a municipality may appoint a qualified tree inspector. 
96.23 	Two or more municipalities may jointly appoint a tree inspector for the purpose of 
96.24 	administering their respective pest control programs.
96.25 	(b) Upon a determination by the commissioner that a candidate for the position 
96.26 	of tree inspector is qualified, the commissioner shall issue a certificate of qualification 
96.27 	to the tree inspector. The certificate is valid for one year. A person certified as a tree 
96.28 	inspector by the commissioner may enter and inspect any public or private property that 
96.29 	might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree 
96.30 	inspector certification workshop, upon completion of which participants are qualified 
96.31 	as tree inspectors.
96.32 	(c) The commissioner may suspend and, upon notice and hearing, decertify a 
96.33 	tree inspector if the tree inspector fails to act competently or in the public interest in 
96.34 	the performance of duties.

97.1 	Sec. 32. [89.64] EXEMPTIONS.
97.2 	This chapter does not supersede the authority of the Department of Agriculture 
97.3 	under chapter 18G.

97.4 	Sec. 33. Minnesota Statutes 2006, section 97A.205, is amended to read:
97.5 	97A.205 ENFORCEMENT OFFICER POWERS.
97.6 	An enforcement officer is authorized to:
97.7 	(1) execute and serve court issued warrants and processes relating to wild animals, 
97.8 	wild rice, public waters, water pollution, conservation, and use of water, in the same 
97.9 	manner as a sheriff;
97.10 	(2) enter any land to carry out the duties and functions of the division;
97.11 	(3) make investigations of violations of the game and fish laws;
97.12 	(4) take an affidavit, if it aids an investigation;
97.13 	(5) arrest, without a warrant, a person who is detected in the actual violation of the 
97.14 	game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 
97.15 	103F, 103G, sections 86B.001 to 86B.815, 89.51 to 89.61 89.64; or 609.66, subdivision 1, 
97.16 	clauses (1), (2), (5), and (7); and 609.68; and 
97.17 	(6) take an arrested person before a court in the county where the offense was 
97.18 	committed and make a complaint.
97.19 	Nothing in this section grants an enforcement officer any greater powers than other 
97.20 	licensed peace officers.

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

97.23 	ARTICLE 8
97.24 	DRAINAGE

97.25 	Section 1. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to 
97.26 	read:
97.27 		Subdivision 1.Spoil banks must be spread and grass planted permanent 
97.28 	vegetation established. In any proceeding to establish, construct, improve, or do any 
97.29 	work affecting a public drainage system under any law that appoints viewers to assess 
97.30 	benefits and damages, the authority having jurisdiction over the proceeding shall order 
97.31 	spoil banks to be spread consistent with the plan and function of the drainage system. The 
97.32 	authority shall order that permanent grass, other than a noxious weed, be planted on 
97.33 	the banks ditch side slopes and on a strip that a permanent strip of perennial vegetation 
98.1 	approved by the drainage authority be established on each side of the ditch. The approved 
98.2 	perennial vegetation shall not impede future maintenance of the ditch. The permanent 
98.3 	strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the 
98.4 	top edge of the constructed channel resulting from the proceeding, or to the crown of 
98.5 	the leveled spoil bank, whichever is the greater, on each side of the top edge of the 
98.6 	channel of the ditch. except for an action by a drainage authority that results only in a 
98.7 	redetermination of benefits and damages, for which the required width shall be 16-1/2 
98.8 	feet. Drainage system rights-of-way for the acreage and additional property required for 
98.9 	the planting permanent strips must be acquired by the authority having jurisdiction.

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

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

98.22 	Sec. 4. Minnesota Statutes 2006, section 103E.021, is amended by adding a subdivision 
98.23 	to read:
98.24 		Subd. 6.Incremental implementation of vegetated ditch buffer strips and side 
98.25 	inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment 
98.26 	of viewers and redetermination of benefits and damages, a drainage authority may 
98.27 	implement permanent buffer strips of perennial vegetation approved by the drainage 
98.28 	authority or side inlet controls, or both, adjacent to a public drainage ditch, where 
98.29 	necessary, to control erosion and sedimentation, improve water quality, or maintain the 
98.30 	efficiency of the drainage system. The approved perennial vegetation shall not impede 
98.31 	future maintenance of the ditch. The permanent strips of perennial vegetation shall be 
98.32 	16-1/2 feet in width measured outward from the top edge of the existing constructed 
99.1 	channel. Drainage system rights-of-way for the acreage and additional property required 
99.2 	for the permanent strips must be acquired by the authority having jurisdiction.
99.3 	(b) A project under this subdivision shall be implemented as a repair according to 
99.4 	section 103E.705, except that the drainage authority may appoint an engineer to examine 
99.5 	the drainage system and prepare an engineer's repair report for the project.
99.6 	(c) Damages shall be determined by the drainage authority, or viewers, appointed by 
99.7 	the drainage authority, according to section 103E.315, subdivision 8. A damages statement 
99.8 	shall be prepared, including an explanation of how the damages were determined for each 
99.9 	property affected by the project, and filed with the auditor or watershed district. Within 30 
99.10 	days after the damages statement is filed, the auditor or watershed district shall prepare 
99.11 	property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), 
99.12 	(6), (7), and (8), and mail a copy of the property owner's report and damages statement to 
99.13 	each owner of property affected by the proposed project.
99.14 	(d) After a damages statement is filed, the drainage authority shall set a time, by 
99.15 	order, not more than 30 days after the date of the order, for a hearing on the project. At 
99.16 	least ten days before the hearing, the auditor or watershed district shall give notice by mail 
99.17 	of the time and location of the hearing to the owners of property and political subdivisions 
99.18 	likely to be affected by the project.
99.19 	(e) The drainage authority shall make findings and order the repairs to be made if 
99.20 	the drainage authority determines from the evidence presented at the hearing and by the 
99.21 	viewers and engineer, if appointed, that the repairs are necessary for the drainage system 
99.22 	and the costs of the repairs are within the limitations of section 103E.705.

99.23 	Sec. 5. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
99.24 	The drainage authority shall annually submit a report to the Board of Water and Soil 
99.25 	Resources for the calendar year, including:
99.26 	(1) the number and types of actions for which viewers were appointed;
99.27 	(2) the number of miles of buffer strips established according to section 103E.021;
99.28 	(3) the number of drainage system inspections conducted; and
99.29 	(4) the number of violations of section 103E.021 identified and enforcement actions 
99.30 	taken.

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

100.7 	Sec. 7. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
100.8 		Subdivision 1.Requirements. The viewers' report must show, in tabular form, 
100.9 	for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that 
100.10 	is benefited or damaged:
100.11 	(1) a description of the lot or tract, under separate ownership, that is benefited or 
100.12 	damaged;
100.13 	(2) the names of the owners as they appear on the current tax records of the county 
100.14 	and their addresses;
100.15 	(3) the number of acres in each tract or lot;
100.16 	(4) the number and value of acres added to a tract or lot by the proposed drainage of 
100.17 	public waters;
100.18 	(5) the damage, if any, to riparian rights;
100.19 	(6) the damages paid for the permanent grass strip of perennial vegetation under 
100.20 	section 103E.021; 
100.21 	(7) the total number and value of acres added to a tract or lot by the proposed 
100.22 	drainage of public waters, wetlands, and other areas not currently being cultivated;
100.23 	(8) the number of acres and amount of benefits being assessed for drainage of areas 
100.24 	which before the drainage benefits could be realized would require a public waters work 
100.25 	permit to work in public waters under section 103G.245 to excavate or fill a navigable 
100.26 	water body under United States Code, title 33, section 403, or a permit to discharge into 
100.27 	waters of the United States under United States Code, title 33, section 1344; 
100.28 	(9) the number of acres and amount of benefits being assessed for drainage of areas 
100.29 	that would be considered conversion of a wetland under United States Code, title 16, 
100.30 	section 3821, if the area was placed in agricultural production;
100.31 	(10) the amount of right-of-way acreage required; and
100.32 	(11) the amount that each tract or lot will be benefited or damaged.

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

101.7 	Sec. 9. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
101.8 		Subdivision 1.Inspection. After the construction of a drainage system has been 
101.9 	completed, the drainage authority shall maintain the drainage system that is located in its 
101.10 	jurisdiction, including grass the permanent strips of perennial vegetation under section 
101.11 	103E.021, and provide the repairs necessary to make the drainage system efficient. The 
101.12 	drainage authority shall have the drainage system inspected on a regular basis by an 
101.13 	inspection committee of the drainage authority or a drainage inspector appointed by the 
101.14 	drainage authority. Open drainage ditches shall be inspected at a minimum of every five 
101.15 	years when no violation of section 103E.021 is found and annually when a violation of 
101.16 	section 103E.021 is found, until one year after the violation is corrected.

101.17 	Sec. 10. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
101.18 		Subd. 2.Grass Permanent strip of perennial vegetation inspection and 
101.19 	compliance notice. (a) The drainage authority having jurisdiction over a drainage system 
101.20 	must inspect the drainage system for violations of section 103E.021. If an inspection 
101.21 	committee of the drainage authority or a drainage inspector determines that permanent 
101.22 	grass strips of perennial vegetation are not being maintained in compliance with section 
101.23 	103E.021, a compliance notice must be sent to the property owner. 
101.24 	(b) The notice must state:
101.25 	(1) the date the ditch was inspected;
101.26 	(2) the persons making the inspection;
101.27 	(3) that spoil banks are to be spread in a manner consistent with the plan and function 
101.28 	of the drainage system and that the drainage system has acquired a grass permanent strip 
101.29 	16-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial 
101.30 	vegetation, according to section 103E.021;
101.31 	(4) the violations of section 103E.021; 
101.32 	(5) the measures that must be taken by the property owner to comply with section 
101.33 	103E.021 and the date when the property must be in compliance; and 
102.1 	(6) that if the property owner does not comply by the date specified, the drainage 
102.2 	authority will perform the work necessary to bring the area into compliance with section 
102.3 	103E.021 and charge the cost of the work to the property owner. 
102.4 	(c) If a property owner does not bring an area into compliance with section 103E.021
102.5 	as provided in the compliance notice, the inspection committee or drainage inspector 
102.6 	must notify the drainage authority. 
102.7 	(d) This subdivision applies to property acquired under section 103E.021. 

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

102.17 	Sec. 12. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
102.18 		Subd. 2.Additional assessment for agricultural practices on grass permanent
102.19 	strip of perennial vegetation. (a) The drainage authority may, after notice and hearing, 
102.20 	charge an additional assessment on property that has agricultural practices on or otherwise 
102.21 	violates provisions related to the permanent grass strip of perennial vegetation acquired 
102.22 	under section 103E.021. 
102.23 	(b) The drainage authority may determine the cost of the repair per mile of open 
102.24 	ditch on the ditch system. Property that is in violation of the grass requirement shall be 
102.25 	assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length 
102.26 	of open ditch in miles on the property in violation.
102.27 	(c) After the amount of the additional assessment is determined and applied to the 
102.28 	repair cost, the balance of the repair cost may be apportioned pro rata as provided in 
102.29 	subdivision 1.