SF 2651

CCR--SF2651A - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2651 1.2A bill for an act 1.3relating to natural resources; modifying provisions for sale of surplus state 1.4land; creating a Minnesota forests for the future program; establishing a 1.5revolving account; providing for alternative recording of state forest roads; 1.6providing for certain wetland banking credits; modifying provisions related to 1.7aquatic farms; providing for expedited exchanges of public land; providing for 1.8consultation on certain unallotments; providing for viral hemorrhagic septicemia 1.9and wildlife disease control; providing for a voluntary walleye stamp; creating 1.10the Lessard-Heritage Enhancement Council; modifying hunting and fishing 1.11licensing and taking provisions; modifying certain fund and account provisions; 1.12modifying outdoor recreation system provisions; adding to and deleting from 1.13state parks, recreation areas, and forests; providing for public and private sales, 1.14conveyances, leases, and exchanges of certain state land; requiring reports and 1.15studies; appropriating money;amending Minnesota Statutes 2006, sections 1.1616B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 1.1717.4985, subdivisions 2, 3, 5; 17.4986, subdivisions 1, 2, 4; 17.4987; 17.4988, 1.18subdivision 3; 17.4992, subdivision 2; 17.4993; 84.943, subdivision 5; 84D.03, 1.19subdivision 4; 86A.04; 86A.08, subdivision 1; 89.715; 97A.015, subdivisions 1.2032a, 41a, by adding subdivisions; 97A.045, subdivisions 7, 11; 97A.055, 1.21subdivision 4b; 97A.075, subdivisions 4, 5, by adding a subdivision; 97A.311, 1.22subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, 1.23subdivision 2; 97A.473, subdivision 2; 97A.474, subdivision 2; 97A.475, 1.24subdivision 5, by adding a subdivision; 97A.485, subdivision 6; 97A.535, 1.25subdivision 1; 97B.015, subdivision 5; 97B.041; 97B.071; 97B.081; 97B.106, 1.26subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions 1, 2, 4, 6; 97B.621, 1.27subdivision 3; 97B.721; 97C.203; 97C.205; 97C.341; 97C.355, subdivisions 4, 1.287a; 97C.401, subdivision 2; 97C.505, subdivision 1; 97C.515, subdivisions 2, 1.294, 5; 97C.821; 325D.55, subdivision 1; Minnesota Statutes 2007 Supplement, 1.30sections 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, subdivisions 1.312, 4; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.473, subdivision 1.325; 97A.475, subdivisions 2, 3; 97B.031, subdivision 1; 97B.036; 97B.328; 1.3397C.355, subdivision 8; Laws 2005, chapter 161, section 25; Laws 2006, 1.34chapter 236, article 1, section 43; proposing coding for new law in Minnesota 1.35Statutes, chapters 84; 94; 97A; 97B; 97C; 103G; repealing Minnesota Statutes 1.362006, sections 16B.281, subdivisions 2, 4, 5; 16B.285; 97A.411, subdivision 2; 1.3797C.515, subdivision 3; Minnesota Statutes 2007 Supplement, section 97B.301, 1.38subdivision 7; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart 1.394. 1.40May 18, 2008 1.41The Honorable James P. Metzen 2.1President of the Senate 2.2The Honorable Margaret Anderson Kelliher 2.3Speaker of the House of Representatives 2.4We, the undersigned conferees for S.F. No. 2651 report that we have agreed upon 2.5the items in dispute and recommend as follows: 2.6That the House recede from its amendments and that S.F. No. 2651 be further 2.7amended as follows: 2.8Delete everything after the enacting clause and insert: 2.9"ARTICLE 1 2.10STATE LANDS 2.11    Section 1. Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read: 2.12    Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of 2.13each year, the commissioner shall review the certifications of heads of each department or 2.14agency provided for in this section. The commissioner new text begin of administration new text end shall send written 2.15notice to all state departments, agencies, and the University of Minnesota describing any 2.16lands or tracts that may be declared surplus. If a department or agency or the University of 2.17Minnesota desires custody of the lands or tracts, it shall submit a written request to the 2.18commissioner, no later than four calendar weeks after mailing of the notice, setting forth 2.19in detail its reasons for desiring to acquire and its intended use of the land or tract. The 2.20commissioner shall then determine whether any of the lands described in the certifications 2.21of the heads of the departments or agencies should be declared surplus and offered for 2.22sale or otherwise disposed of by transferring custodial control to other requesting state 2.23departments or agencies or to the Board of Regents of the University of Minnesota for 2.24educational purposes, provided however that transfer to the Board of Regents shall not be 2.25determinative of tax exemption or immunity. If the commissioner determines that any of 2.26the lands are no longer needed for state purposes, the commissioner shall make findings of 2.27fact, describe the lands, declare the lands to be surplus state land, new text begin and new text end state the reasons for 2.28the sale or disposition of the lands, and notify the Executive Council of the determination. 2.29    Sec. 2. Minnesota Statutes 2006, section 16B.282, is amended to read: 2.3016B.282 SURVEYS, APPRAISALS, AND SALE. 2.31    Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering 2.32any surplus state-owned lands for sale, the commissioner new text begin of administration new text end may survey the 2.33lands and, if the value of the lands is estimated to be $40,000 new text begin $50,000 new text end or less, may have 3.1the lands appraised. The commissioner shall have the lands appraised if the estimated 3.2value is in excess of $40,000 new text begin $50,000 new text end . 3.3    (b) The appraiser shall, before entering upon the duties of the office, take and 3.4subscribe an oath that the appraiser will faithfully and impartially discharge the duties 3.5of appraiser according to the best of the appraiser's ability and that the appraiser is not 3.6interested, directly or indirectly, in any of the lands to be appraised or the timber or 3.7improvements on the lands or in the purchase of the lands, timber, or improvements 3.8and has entered into no agreement or combination to purchase any of the lands, timber, 3.9or improvements. The oath shall be attached to the appraisal report. new text begin Appraisals must new text end 3.10 new text begin be made by an appraiser that holds a state appraiser license issued by the Department new text end 3.11 new text begin of Commerce. The appraisal must be in conformity with the Uniform Standards of new text end 3.12 new text begin Professional Appraisal Practice of the Appraisal Foundation. new text end 3.13    (c) Before offering surplus state-owned lands for public sale, the lands shall first be 3.14offered to the city, county, town, school district, or other public body corporate or politic 3.15in which the lands are situated for public purposes and the lands may be sold for public 3.16purposes for not less than the appraised value of the lands. To determine whether a public 3.17body desires to purchase the surplus land, the commissioner shall give a written notice to 3.18the governing body of each political subdivision whose jurisdictional boundaries include 3.19or are adjacent to the surplus land. If a public body desires to purchase the surplus land, 3.20it shall submit a written offer to the commissioner no later than two weeks after receipt 3.21of notice setting forth in detail its reasons for desiring to acquire and its intended use of 3.22the land. In the event that more than one public body tenders an offer, the commissioner 3.23shall determine which party shall receive the property and shall submit written findings 3.24regarding the decision. If lands are offered for sale for public purposes and if a public 3.25body notifies the commissioner of its desire to acquire the lands, the public body may have 3.26up to two years from the date of the accepted offer to commence payment for the lands 3.27in the manner provided by law. 3.28    Subd. 2. Public sale requirements. (a) Lands certified as surplus by the head of 3.29a department or agency under section shall be offered for public sale by the 3.30commissioner as provided in this subdivision. After complying with subdivision 1 and new text begin , new text end 3.31before any public sale of surplus state-owned land is made new text begin , and at least 30 days before the new text end 3.32 new text begin sale new text end , the commissioner new text begin of administration new text end shall publish a notice of the sale at least once each 3.33week for four successive weeks in a legal newspaper and also in a newspaper of general 3.34distribution in the city or county in which the real property to be sold is situated. The notice 3.35shall specify the time and place at which the sale will commence, a general description of 4.1the lots or tracts to be offered, and a general statement of the terms of sale. Each tract or 4.2lot shall be sold separately and shall be sold for no less than its appraised value. 4.3    (b) new text begin Surplus state-owned land shall be sold for no less than the estimated or appraised new text end 4.4 new text begin value. The minimum bid may include expenses incurred by the commissioner in rendering new text end 4.5 new text begin the property saleable, including survey, appraisal, legal, advertising, and other expenses. new text end 4.6     new text begin (c) new text end Parcels remaining unsold after the offering may be sold to anyone agreeing to 4.7pay the appraised value. The sale shall continue until all parcels are sold or until the 4.8commissioner orders a reappraisal or withdraws the remaining parcels from sale. 4.9    (c) Except as provided in section , the cost of any survey or appraisal as 4.10provided in subdivision 1 shall be added to and made a part of the appraised value of the 4.11lands to be sold, whether to any political subdivision of the state or to a private purchaser 4.12as provided in this subdivision. 4.13    Sec. 3. Minnesota Statutes 2006, section 16B.283, is amended to read: 4.1416B.283 TERMS OF PAYMENT. 4.15    No less than ten percent of the purchase price shall be paid at the time of sale with 4.16the balance payable according to this section. If the purchase price of any lot or parcel is 4.17$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase 4.18price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual 4.19installments for no more than five years, at the option of the purchaser, with principal 4.20and interest payable annually in advance at a rate equal to the rate in effect at the time 4.21under section on the unpaid balance, payable to the state treasury on or before 4.22June 1 each year. Any installment of principal or interest may be prepaid. new text begin The purchaser new text end 4.23 new text begin must pay at the time of sale ten percent of the total amount bid and the remainder of the new text end 4.24 new text begin payment is due within 90 days of the sale date. A person who fails to make final payment new text end 4.25 new text begin within 90 days of the sale date is in default. On default, all right, title, and interest of new text end 4.26 new text begin the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall new text end 4.27 new text begin terminate without the state doing any act or thing. A record of the default must be made in new text end 4.28 new text begin the state land records of the commissioner. new text end 4.29    Sec. 4. Minnesota Statutes 2006, section 16B.284, is amended to read: 4.3016B.284 CONTRACT FOR DEED AND QUITCLAIM DEED. 4.31    In the event a purchaser elects to purchase surplus real property on an installment 4.32basis, the commissioner shall enter into a contract for deed with the purchaser, in which 4.33shall be set forth the description of the real property sold and the price of the property, 4.34the consideration paid and to be paid for the property, the rate of interest, and time and 5.1terms of payment. The contract for deed shall be made assignable and shall further set 5.2forth that in case of the nonpayment of the annual principal or interest payment due by the 5.3purchaser, or any person claiming under the purchaser, then the contract for deed, from the 5.4time of the failure, is entirely void and of no effect and the state may be repossessed of the 5.5lot or tract and may resell the lot or tract as provided in sections to . In 5.6the event the terms and conditions of a contract for deed are completely fulfilled or if a 5.7purchaser makes a lump-sum payment for the subject property in lieu of entering into a 5.8contract for deed, The commissioner new text begin of administration new text end shall sign and cause to be issued a 5.9quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by 5.10the attorney general and shall vest in the purchaser all of the state's interest in the subject 5.11property except as provided in section new text begin 16B.285 or new text end 16B.286. 5.12    Sec. 5. Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read: 5.13    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in 5.14amount to the survey, appraisal, legal, advertising, and other expenses incurred by the 5.15commissioner new text begin of administration new text end or other state official in rendering the property salable shall 5.16be remitted to the account from which the expenses were paid and are appropriated and 5.17immediately available for expenditure in the same manner as other money in the account. 5.18    Sec. 6. new text begin [84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM. new text end 5.19     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin The Minnesota forests for the future program identifies and new text end 5.20 new text begin protects private, working forest lands for their timber, scenic, recreational, fish and wildlife new text end 5.21 new text begin habitat, threatened and endangered species, and other cultural and environmental values. new text end 5.22     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin For the purpose of this section, the following terms have new text end 5.23 new text begin the meanings given: new text end 5.24     new text begin (1) "forest land" has the meaning given under section 89.001, subdivision 4; new text end 5.25     new text begin (2) "forest resources" has the meaning given under section 89.001, subdivision 8; new text end 5.26     new text begin (3) "guidelines" has the meaning given under section 89A.01, subdivision 8; new text end 5.27     new text begin (4) "riparian land" has the meaning given under section 103F.511, subdivision 8a; new text end 5.28 new text begin and new text end 5.29     new text begin (5) "working forest land" means land that provides a broad range of goods and new text end 5.30 new text begin services, including forest products, recreation, fish and wildlife habitat, clean air and new text end 5.31 new text begin water, and carbon sequestration. new text end 5.32     new text begin Subd. 3. new text end new text begin Establishment. new text end new text begin The commissioner of natural resources shall establish and new text end 5.33 new text begin administer a Minnesota forests for the future program. Land selected for inclusion in the new text end 5.34 new text begin program shall be evaluated on the land's potential for: new text end 6.1     new text begin (1) producing timber and other forest products; new text end 6.2     new text begin (2) maintaining forest landscapes; new text end 6.3     new text begin (3) providing public recreation; and new text end 6.4     new text begin (4) providing ecological, fish and wildlife habitat, and other cultural and new text end 6.5 new text begin environmental values and values consistent with working forest lands. new text end 6.6     new text begin Subd. 4. new text end new text begin Land eligibility. new text end new text begin Land may be placed in the Minnesota forests for the new text end 6.7 new text begin future program if it: new text end 6.8     new text begin (1) is: new text end 6.9     new text begin (i) forest land; new text end 6.10     new text begin (ii) desirable land adjacent to forest land, as determined by the commissioner; or new text end 6.11     new text begin (iii) beneficial to forest resource protection; new text end 6.12     new text begin (2) is at least five acres in size, except for a riparian area or an area providing access new text end 6.13 new text begin to state forest land; and new text end 6.14     new text begin (3) is not set aside, enrolled, or diverted under another federal or state program, new text end 6.15 new text begin unless enrollment in the Minnesota forests for the future program would provide additional new text end 6.16 new text begin conservation benefits or a longer enrollment term than under the current federal or state new text end 6.17 new text begin program. new text end 6.18     new text begin Subd. 5. new text end new text begin Land interests. new text end new text begin The commissioner may acquire permanent interests in new text end 6.19 new text begin lands by fee title, easement acquisition, gift, or donation. An acquired easement shall new text end 6.20 new text begin require a forestry management plan unless the requirement is waived or modified by new text end 6.21 new text begin the commissioner. The plan will guide forest management activities consistent with the new text end 6.22 new text begin purposes and terms of the easement and shall incorporate guidelines and other forest new text end 6.23 new text begin management practices as determined by the commissioner to provide perpetuation of the new text end 6.24 new text begin forest. The plan shall be developed in accordance with the guidelines. new text end 6.25     new text begin Subd. 6. new text end new text begin Application. new text end new text begin The commissioner shall accept applications from owners of new text end 6.26 new text begin eligible lands at the time, in the form, and containing the information as the commissioner new text end 6.27 new text begin may prescribe. If the number of applications exceeds the ability to fund them all, priority new text end 6.28 new text begin shall be given to those applications covering lands providing the greatest public benefits new text end 6.29 new text begin for timber productivity, public access, and ecological and wildlife values. new text end 6.30     new text begin Subd. 7. new text end new text begin Landowner responsibilities. new text end new text begin The commissioner may enroll eligible land new text end 6.31 new text begin in the program by signing an easement in recordable form with a landowner in which new text end 6.32 new text begin the landowner agrees to: new text end 6.33     new text begin (1) convey to the state a permanent easement that is not subject to any prior title, new text end 6.34 new text begin lien, or encumbrance; and new text end 7.1     new text begin (2) manage the land in a manner consistent with the purposes for which the land was new text end 7.2 new text begin selected for the program and not convert the land to other uses. new text end 7.3     new text begin Subd. 8. new text end new text begin Correction of easement boundary lines. new text end new text begin To correct errors in legal new text end 7.4 new text begin descriptions for easements that affect the ownership interests in the state and adjacent new text end 7.5 new text begin landowners, the commissioner may, in the name of the state, convey without consideration, new text end 7.6 new text begin interests of the state necessary to correct legal descriptions of boundaries. The conveyance new text end 7.7 new text begin must be by quitclaim deed or release in a form approved by the attorney general. new text end 7.8     new text begin Subd. 9. new text end new text begin Terminating or changing an easement. new text end new text begin The commissioner may terminate new text end 7.9 new text begin an easement, with the consent of the property owner, if the commissioner determines new text end 7.10 new text begin termination to be in the public interest. The commissioner may modify the terms of an new text end 7.11 new text begin easement if the commissioner determines that modification will help implement the new text end 7.12 new text begin Minnesota forests for the future program or facilitate the program's administration. new text end 7.13     new text begin Subd. 10. new text end new text begin Payments. new text end new text begin Payments to landowners under the Minnesota forests for new text end 7.14 new text begin the future program shall be made in accordance with law and Department of Natural new text end 7.15 new text begin Resources acquisition policies, procedures, and other funding requirements. new text end 7.16     new text begin Subd. 11. new text end new text begin Monitoring, enforcement, and damages. new text end new text begin (a) The commissioner shall new text end 7.17 new text begin establish a long-term program for monitoring and enforcing Minnesota forests for the new text end 7.18 new text begin future easements. The program must require that a financial contribution be made for each new text end 7.19 new text begin easement to cover the costs of managing, monitoring, and enforcing the easement. new text end 7.20     new text begin (b) A landowner who violates the terms of an easement under this section or induces, new text end 7.21 new text begin assists, or allows another to do so is liable to the state for damages due to the loss of new text end 7.22 new text begin timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species, new text end 7.23 new text begin and other cultural and environmental values. new text end 7.24     new text begin (c) Upon request of the commissioner, the attorney general may commence an action new text end 7.25 new text begin for specific performance, injunctive relief, damages, including attorney's fees, and any new text end 7.26 new text begin other appropriate relief to enforce this section in district court in the county where all or new text end 7.27 new text begin part of the violation is alleged to have been committed or where the landowner resides or new text end 7.28 new text begin has a principal place of business. new text end 7.29     new text begin Subd. 12. new text end new text begin Rulemaking exemption. new text end new text begin Easements agreed to under this section are not new text end 7.30 new text begin subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. new text end 7.31    Sec. 7. new text begin [84.67] FORESTS FOR THE FUTURE REVOLVING ACCOUNT. new text end 7.32     new text begin A forests for the future revolving account is created in the natural resources fund. new text end 7.33 new text begin Money in the account is appropriated to the commissioner of natural resources for the new text end 7.34 new text begin acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4. new text end 8.1 new text begin The commissioner shall sell the lands acquired under this section, subject to an easement new text end 8.2 new text begin as provided in section 84.66. Money received from the sale of forest lands acquired under new text end 8.3 new text begin this section and interest earned on the account shall be deposited into the account. The new text end 8.4 new text begin commissioner must file a report to the house Ways and Means and the senate Finance new text end 8.5 new text begin Committees and the environment and natural resources finance committees or divisions of new text end 8.6 new text begin the senate and house of representatives by October 1 of each year indicating all purchases new text end 8.7 new text begin of forest land using money from this account and sales of forest land for which revenue is new text end 8.8 new text begin deposited into this account. new text end 8.9    Sec. 8. Minnesota Statutes 2006, section 84.943, subdivision 5, is amended to read: 8.10    Subd. 5. Pledges and contributions. The commissioner of natural resources may 8.11accept contributions and pledges to the critical habitat private sector matching account. 8.12A pledge that is made contingent on an appropriation is acceptable and shall be reported 8.13with other pledges as required in this section. new text begin The commissioner may agree to match a new text end 8.14 new text begin contribution contingent on a future appropriation. new text end In the budget request for each biennium, 8.15the commissioner shall report the balance of contributions in the account and the amount 8.16that has been pledged for payment in the succeeding two calendar years. 8.17    Money in the account is appropriated to the commissioner of natural resources only 8.18for the direct acquisition or improvement of land or interests in land as provided in section 8.1984.944 . To the extent of available appropriations other than bond proceeds, the money 8.20matched to the nongame wildlife management account may be used for the management 8.21of nongame wildlife projects as specified in section 290.431. Acquisition includes: (1) 8.22purchase of land or an interest in land by the commissioner; or (2) acceptance by the 8.23commissioner of gifts of land or interests in land as program projects. 8.24    Sec. 9. Minnesota Statutes 2006, section 86A.04, is amended to read: 8.2586A.04 COMPOSITION OF SYSTEM. 8.26    The outdoor recreation system shall consist of all state parks; state recreation areas; 8.27state trails established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and 8.2885.0156 ; state scientific and natural areas; state wilderness areas; state forests; state 8.29wildlife management areas; new text begin state aquatic management areas; new text end state water access sites, 8.30which include all lands and facilities established by the commissioner of natural resources 8.31or the commissioner of transportation to provide public access to water; state wild, scenic, 8.32and recreational rivers; state historic sites; state rest areas, which include all facilities 8.33established by the commissioner of transportation for the safety, rest, comfort and use 8.34of the highway traveler, and shall include all existing facilities designated as rest areas 9.1and waysides by the commissioner of transportation; and any other units not listed in 9.2this section that are classified under section 86A.05. Each individual state park, state 9.3recreation area, and so forth is called a "unit." 9.4    Sec. 10. Minnesota Statutes 2006, section 86A.08, subdivision 1, is amended to read: 9.5    Subdivision 1. Secondary authorization; when permitted. A unit of the outdoor 9.6recreation system may be authorized wholly or partially within the boundaries of another 9.7unit only when the authorization is consistent with the purposes and objectives of the 9.8respective units and only in the instances permitted below: 9.9    (a) The following units may be authorized wholly or partially within a state park: 9.10historic site, scientific and natural area, wilderness area, wild, scenic, and recreational 9.11river, trail, rest area, new text begin aquatic management area, new text end and water access site. 9.12    (b) The following units may be authorized wholly or partially within a state 9.13recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, 9.14trail, rest area, new text begin aquatic management area, wildlife management area, new text end and water access site. 9.15    (c) The following units may be authorized wholly or partially within a state forest: 9.16state park, state recreation area, historic site, wildlife management area, scientific and 9.17natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, new text begin aquatic new text end 9.18 new text begin management area, new text end and water access site. 9.19    (d) The following units may be authorized wholly or partially within a state historic 9.20site: wild, scenic, and recreational river, trail, rest area, new text begin aquatic management area, new text end and 9.21water access site. 9.22    (e) The following units may be authorized wholly or partially within a state wildlife 9.23management area: state water access site new text begin and aquatic management area new text end . 9.24    (f) The following units may be authorized wholly or partially within a state wild, 9.25scenic, or recreational river: state park, historic site, scientific and natural area, wilderness 9.26area, trail, rest area, new text begin aquatic management area, new text end and water access site. 9.27    (g) The following units may be authorized wholly or partially within a state rest 9.28area: historic site, trail, wild, scenic, and recreational river, new text begin aquatic management area, new text end 9.29and water access site. 9.30     new text begin (h) The following units may be authorized wholly or partially within an aquatic new text end 9.31 new text begin management area: historic site, scientific and natural area, wild, scenic, and recreational new text end 9.32 new text begin river, and water access site. new text end 9.33    Sec. 11. Minnesota Statutes 2006, section 89.715, is amended to read: 9.3489.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD. 10.1    Subdivision 1. Authorization. The commissioner may adopt a recorded state forest 10.2road map under this section to record the department's state forest road prescriptive 10.3easements. For purposes of this section, "recorded state forest road map" means the 10.4official map of state forest roads new text begin adopted by the commissioner new text end . 10.5    Subd. 2. Map requirements. The recorded state forest road map must: 10.6    (1) show state forest roads at the time the map is adopted; 10.7    (2) be prepared at a scale of at least four inches equals one mile new text begin compliant with new text end 10.8 new text begin standards of the county recorder where the state forest roads are located new text end ; 10.9    (3) include section numbers; 10.10    (4) include a north point arrow; 10.11    (5) include the name of the county and state; 10.12    (6) include a blank and a description under the blank for the date of public hearing 10.13and date of adoption; 10.14    (7) include blanks for signatures and dates of signatures for the commissioner; and 10.15    (8) include a list of legal descriptions of all parcels crossed by state forest road 10.16prescriptive easements. 10.17    Subd. 3. Procedure to adopt map. (a) The commissioner must prepare an official 10.18map for each county or smaller geographic area as determined by the commissioner as 10.19provided in subdivision 2, and set a time, place, and date for a public hearing on adopting 10.20a recorded state forest road map to record roads. 10.21    (b) The hearing notice must state that the roads to be recorded will be to the width of 10.22the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless 10.23otherwise specified in a prior easement of record. The hearing notice must be published 10.24once a week for two successive weeks in a qualified newspaper of general circulation that 10.25serves the county or smaller geographic areas as determined by the commissioner, the last 10.26publication to be made at least ten days before the date of the public hearing. At least 30 10.27days before the hearing, the hearing notice must be sent by certified mail to the property 10.28owners directly affected in the county or smaller geographic areas as determined by the 10.29commissioner at the addresses listed on the tax assessment notices at least seven days 10.30before appearing in the qualified newspaper. The hearing notice may be sent with the tax 10.31assessment, but all additional costs incurred shall be billed to the department. 10.32    (c) After the public hearing is held, the commissioner may amend and adopt the 10.33recorded state forest road map. The recorded state forest road map must be dated and 10.34signed by the commissioner and must be recorded new text begin filed for recording new text end with the county 10.35recorder within 90 days after the map is adopted. new text begin The map is effective when filed with new text end 10.36 new text begin the county recorder. new text end 11.1    (d) The recorded state forest road map that is recorded with the county recorder must 11.2comply with the standards of the county recorder where the state forest roads are located. 11.3    (e) A recorded state forest road map that was prepared by using aerial photographs 11.4to establish road centerlines and that has been duly recorded with the county recorder is an 11.5adequate description for purposes of recording road easements and the map is the legally 11.6constituted description and prevails when a deed for a parcel abutting a road contains 11.7no reference to a road easement. Nothing prevents the commissioner from accepting a 11.8more definitive metes and bounds or survey description of a road easement for a road of 11.9record if the description of the easement is referenced to equal distance on both sides 11.10of the existing road centerline. 11.11    (f) The commissioner shall consult with representatives of county land 11.12commissioners, county auditors, county recorders, and Torrens examiners in implementing 11.13this subdivision. 11.14    Subd. 4. Appeal. (a) Before filing an appeal under paragraph (b), a person may 11.15seek resolution of concerns regarding a decision to record a road under this section by 11.16contacting the commissioner in writing. 11.17    (b) A person may appeal a decision to record or exclude recording a road under this 11.18section to the district court within 120 days after the date the commissioner adopts the 11.19state forest road map. new text begin Appeals may be filed only by property owners who are directly new text end 11.20 new text begin affected by a proposed map designation and only for those portions of the map designation new text end 11.21 new text begin that directly affect them. new text end 11.22     new text begin (b) A property owner may appeal the map designation to the commissioner within 60 new text end 11.23 new text begin days of the map being recorded by filing a written request for review. The commissioner new text end 11.24 new text begin shall review the request and any supporting evidence and render a decision within 45 new text end 11.25 new text begin days of receipt of the request for review. new text end 11.26     new text begin (c) If a property owner wishes to appeal a decision of the commissioner after review new text end 11.27 new text begin under paragraph (b), the property owner must file an appeal with the district court within new text end 11.28 new text begin 60 days of the commissioner's decision. new text end 11.29     new text begin (d) If any portion of a map appealed under paragraph (b) is modified or found to be new text end 11.30 new text begin invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map new text end 11.31 new text begin shall not be affected and its recording with the county recorder shall stand. new text end 11.32    Subd. 5. Unrecorded road or trail not affected. This section does not affect or 11.33diminish the legal status or state obligations of roads and trails not shown on the recorded 11.34state forest road map. 12.1    Subd. 6. Exemption. Adoption of a recorded state forest road map under this 12.2section is exempt from the rulemaking requirements of chapter 14 and section 14.386 12.3does not apply. 12.4    Sec. 12. Minnesota Statutes 2006, section 90.151, subdivision 1, is amended to read: 12.5    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment 12.6for state timber required under section 90.14 or 90.191, the commissioner shall issue a 12.7numbered permit to the purchaser, in a form approved by the attorney general, by the 12.8terms of which the purchaser shall be authorized to enter upon the land, and to cut and 12.9remove the timber therein described as designated for cutting in the report of the state 12.10appraiser, according to the provisions of this chapter. The permit shall be correctly 12.11dated and executed by the commissioner and signed by the purchaser. If a permit is not 12.12signed by the purchaser within 60 days from the date of purchase, the permit cancels 12.13and the down payment for timber required under section 90.14 forfeits to the state. new text begin The new text end 12.14 new text begin commissioner may grant an additional period for the purchaser to sign the permit, not to new text end 12.15 new text begin exceed five business days, provided the purchaser pays a $125 penalty fee. new text end 12.16    (b) The permit shall expire no later than five years after the date of sale as the 12.17commissioner shall specify or as specified under section 90.191, and the timber shall 12.18be cut within the time specified therein. All cut timber, equipment, and buildings not 12.19removed from the land within 90 days after expiration of the permit shall become the 12.20property of the state. 12.21    (c) The commissioner may grant an additional period of time not to exceed 120 days 12.22for the removal of cut timber, equipment, and buildings upon receipt of such request by 12.23the permit holder for good and sufficient reasons. The commissioner may grant a second 12.24period of time not to exceed 120 days for the removal of cut timber, equipment, and 12.25buildings upon receipt of a request by the permit holder for hardship reasons only. 12.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 12.27 new text begin and applies retroactively to permits dated January 1, 2008, and thereafter. new text end 12.28    Sec. 13. new text begin [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE new text end 12.29 new text begin STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE. new text end 12.30     new text begin Subdivision 1. new text end new text begin Purpose and scope. new text end new text begin (a) The purpose of this section is to expedite the new text end 12.31 new text begin exchange of public land ownership. Consolidation of public land reduces management new text end 12.32 new text begin costs and aids in the reduction of forest fragmentation. new text end 13.1     new text begin (b) This section applies to exchanges of land between the state and a governmental new text end 13.2 new text begin subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347 new text end 13.3 new text begin apply only to the extent specified in this section. new text end 13.4     new text begin Subd. 2. new text end new text begin Classes of land; definitions. new text end new text begin The classes of public land that may be new text end 13.5 new text begin involved in an expedited exchange under this section are: new text end 13.6     new text begin (1) Class 1 land, which for the purpose of this section is Class A land as defined in new text end 13.7 new text begin section 94.342, subdivision 1, except for: new text end 13.8     new text begin (i) school trust land as defined in section 92.025; and new text end 13.9     new text begin (ii) university land granted to the state by acts of Congress; new text end 13.10     new text begin (2) Class 2 land, which for the purpose of this section is Class B land as defined in new text end 13.11 new text begin section 94.342, subdivision 2; and new text end 13.12     new text begin (3) Class 3 land, which for the purpose of this section is all land owned in fee by new text end 13.13 new text begin a governmental subdivision of the state. new text end 13.14     new text begin Subd. 3. new text end new text begin Valuation of land. new text end new text begin (a) In an exchange of Class 1 land for Class 2 or 3 land, new text end 13.15 new text begin the value of all the land shall be determined by the commissioner of natural resources. In new text end 13.16 new text begin an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined new text end 13.17 new text begin by the county board of the county in which the land lies. To determine the value of the new text end 13.18 new text begin land, the parties to the exchange may cause the land to be appraised, utilize the valuation new text end 13.19 new text begin process provided under section 84.0272, subdivision 3, or obtain a market analysis from a new text end 13.20 new text begin qualified real estate broker. Merchantable timber value must be determined and considered new text end 13.21 new text begin in finalizing valuation of the lands. new text end 13.22     new text begin (b) All lands exchanged under this section shall be exchanged only for lands of new text end 13.23 new text begin at least substantially equal value. For the purposes of this subdivision, "substantially new text end 13.24 new text begin equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b). new text end 13.25 new text begin No payment is due either party if the lands are of substantially equal value but are not new text end 13.26 new text begin of the same value. new text end 13.27     new text begin Subd. 4. new text end new text begin Title. new text end new text begin Title to the land must be examined to the extent necessary for the new text end 13.28 new text begin parties to determine that the title is good, with any encumbrances identified. The parties to new text end 13.29 new text begin the exchange may utilize title insurance to aid in the determination. new text end 13.30     new text begin Subd. 5. new text end new text begin Approval by Land Exchange Board. new text end new text begin All expedited land exchanges new text end 13.31 new text begin under this section, and the terms and conditions of the exchanges, require the unanimous new text end 13.32 new text begin approval of the Land Exchange Board. new text end 13.33     new text begin Subd. 6. new text end new text begin Conveyance. new text end new text begin (a) Conveyance of Class 1 land given in exchange shall be new text end 13.34 new text begin made by deed executed by the commissioner of natural resources in the name of the new text end 13.35 new text begin state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the new text end 14.1 new text begin commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by new text end 14.2 new text begin a deed executed by the governing body in the name of the governing authority. new text end 14.3     new text begin (b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class new text end 14.4 new text begin 2 or 3 land shall first be delivered to the commissioner of natural resources. Following new text end 14.5 new text begin the recording of the deed, the commissioner of natural resources shall deliver the deed new text end 14.6 new text begin conveying the Class 1 land. new text end 14.7     new text begin (c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land new text end 14.8 new text begin shall first be delivered to the county auditor. Following the recording of the deed, the new text end 14.9 new text begin commissioner of revenue shall deliver the deed conveying the Class 2 land. new text end 14.10     new text begin (d) All deeds shall be recorded or registered in the county in which the lands lie. new text end 14.11     new text begin Subd. 7. new text end new text begin Reversionary interest; mineral and water power rights and other new text end 14.12 new text begin reservations. new text end new text begin (a) All deeds conveying land given in an expedited land exchange under new text end 14.13 new text begin this section shall include a reverter that provides that title to the land automatically reverts new text end 14.14 new text begin to the conveying governmental unit if: new text end 14.15     new text begin (1) the receiving governmental unit sells, exchanges, or otherwise transfers title of new text end 14.16 new text begin the land within 40 years of the date of the deed conveying ownership; and new text end 14.17     new text begin (2) there is no prior written approval for the transfer from the conveying new text end 14.18 new text begin governmental unit. The authority for granting approval is the commissioner of natural new text end 14.19 new text begin resources for former Class 1 land, the county board for former Class 2 land, and the new text end 14.20 new text begin governing body for former Class 3 land. new text end 14.21     new text begin (b) Class 1 land given in exchange is subject to the reservation provisions of section new text end 14.22 new text begin 94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation new text end 14.23 new text begin provisions of section 94.344, subdivision 4. County fee land given in exchange is subject new text end 14.24 new text begin to the reservation provisions of section 373.01, subdivision 1, paragraph (g). new text end 14.25     new text begin Subd. 8. new text end new text begin Land status. new text end new text begin Land received in exchange for Class 1 land is subject to the new text end 14.26 new text begin same trust, if any, and otherwise has the same status as the land given in exchange. Land new text end 14.27 new text begin received in exchange for Class 2 land is subject to a trust in favor of the governmental new text end 14.28 new text begin subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in new text end 14.29 new text begin exchange for Class 3 land has the same status as the land given in exchange. new text end 14.30    Sec. 14. new text begin [103G.2251] STATE CONSERVATION EASEMENTS; WETLAND new text end 14.31 new text begin BANK CREDIT. new text end 14.32     new text begin In greater than 80 percent areas, preservation of wetlands owned by the state or a new text end 14.33 new text begin local unit of government, protected by a permanent conservation easement as defined new text end 14.34 new text begin under section 84C.01 and held by the board, may be eligible for wetland replacement new text end 14.35 new text begin or mitigation credits, according to rules adopted by the board. To be eligible for credit new text end 15.1 new text begin under this section, a conservation easement must be established after enactment of this new text end 15.2 new text begin section and approved by the board. new text end 15.3    Sec. 15. Minnesota Statutes 2006, section 282.04, subdivision 4a, is amended to read: 15.4    Subd. 4a. Private easements. (a) A county board may convey a road easement 15.5across unsold tax-forfeited land to an individual new text begin or a private entity new text end requesting an easement 15.6for access to private property owned by the individual new text begin or private entity new text end if: 15.7    (1) there are no reasonable alternatives to obtain access to the individual's new text begin or private new text end 15.8 new text begin entity's new text end property; and 15.9    (2) exercising the easement will not cause significant adverse environmental or 15.10natural resource management impacts. 15.11    (b) The county auditor shall require an individual new text begin or a private entity new text end applying for an 15.12easement under paragraph (a) to pay the appraised value of the easement. The conveyance 15.13must provide that the easement reverts to the state in trust for the taxing district in the 15.14event of nonuse. 15.15    Sec. 16. Minnesota Statutes 2006, section 325D.55, subdivision 1, is amended to read: 15.16    Subdivision 1. Labor, electrical, agricultural, or horticultural organizations. 15.17    Nothing contained in sections 325D.49 to 325D.66, shall be construed to forbid the 15.18existence or operation of labor, electrical, agricultural, or horticultural organizations new text begin , new text end 15.19 new text begin including organizations that operate aquatic farms, as defined in section 17.47, subdivision new text end 15.20 new text begin 3, that are new text end instituted for the purpose of mutual help, and not conducted for profit, or to 15.21forbid or restrain individual members of such organizations from lawfully carrying out 15.22the legitimate objects thereof; nor shall such organizations, or the members thereof, be 15.23held or construed to be illegal combinations or conspiracies in restraint of trade under the 15.24provisions of sections 325D.49 to 325D.66, when lawfully carrying out the legitimate 15.25objects hereof. 15.26    Sec. 17. Laws 2005, chapter 161, section 25, is amended to read: 15.27    Sec. 25. EASEMENT ON STATE LAND BORDERING PUBLIC WATER; 15.28WASHINGTON COUNTY. 15.29    (a) The commissioner of natural resources shall issue an easement on land bordering 15.30public water that is described in paragraph (c). The easement shall be issued to the current 15.31owners of Lots 7 and 8, Block 2 of Demontreville Highlands and Lots 2, 3, 4, and 5, 15.32Block 1, Demontreville Highlands 5th Addition. The easement is for the purpose of the 15.33easement holders jointly erecting and maintaining one dock from the property described 16.1in paragraph (c). The dock may not exceed 30 feet in length and six feet in width and 16.2overnight mooring of watercraft is prohibited. 16.3    (b) The easement must be in a form approved by the attorney general for 16.4consideration of the easement preparation and recording costs. The attorney general may 16.5make necessary changes in the legal description to correct errors and ensure accuracy. 16.6The easement will expire as to each owner when they convey their ownership interest in 16.7the property described in paragraph (a). 16.8    (c) The land upon which an easement is to be issued is located in Washington County 16.9and is described as: Part of Government Lot 6, Section 5, Township 29 North, Range 16.1021 West, being the South 45 feet lying East of the existing centerline of Demontreville 16.11Trail North subject to easements of record. 16.12    Sec. 18. Laws 2006, chapter 236, article 1, section 43, is amended to read: 16.13    Sec. 43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY. 16.14    Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other 16.15law relating to the apportionment of proceeds from the sale new text begin or lease new text end of tax-forfeited land, 16.16Itasca County must apportion the first $1,000,000 received from the sale new text begin or lease new text end of 16.17tax-forfeited lands within Minnesota Steel Industries permit to mine area near Nashwauk, 16.18Minnesota, as provided in Laws 1965, chapter 326, section 1, as amended. Any remaining 16.19proceeds received from the sale new text begin or lease new text end must be deposited into a tax-forfeited land 16.20replacement trust fund established by Itasca County under this section. The principal 16.21and interest from this fund may be spent only on the purchase of lands to replace the 16.22tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land 16.23replacement fund must: 16.24    (1) become subject to trust in favor of the governmental subdivision wherein they lie 16.25and all laws related to tax-forfeited lands; and 16.26    (2) be for forest management purposes and dedicated as memorial forest under 16.27Minnesota Statutes, section 459.06, subdivision 2. 16.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance with new text end 16.29 new text begin Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Itasca new text end 16.30 new text begin County. new text end 16.31    Sec. 19. new text begin FOREST MANAGEMENT INVESTMENT ACCOUNT new text end 16.32 new text begin UNALLOTMENTS; FISCAL YEARS 2008 AND 2009. new text end 16.33     new text begin In addition to the requirements under Minnesota Statutes, section 16A.152, for new text end 16.34 new text begin fiscal years 2008 and 2009, the commissioner of natural resources shall consult with the new text end 17.1 new text begin chairs and ranking minority members of the house and senate environment and natural new text end 17.2 new text begin resources finance divisions on proposed allotment reductions from appropriations from new text end 17.3 new text begin the forest management investment account. The commissioner shall notify the chairs and new text end 17.4 new text begin ranking minority members of the divisions of the proposed allotment reductions at least new text end 17.5 new text begin 30 days prior to taking action on the reductions. The commissioner must also provide new text end 17.6 new text begin quarterly forest management investment account fund statements, including a report on new text end 17.7 new text begin the methodology used in calculating the revenue forecasts. new text end 17.8    Sec. 20. new text begin ADDITIONS TO STATE PARKS. new text end 17.9     new text begin Subdivision 1. new text end new text begin [85.012] [Subd. 9.] Buffalo River State Park, Clay County. new text end new text begin The new text end 17.10 new text begin following area is added to Buffalo River State Park, all in Section 11, Township 139 new text end 17.11 new text begin North, Range 46, Clay County: That part of the Southeast Quarter of Section 11, described new text end 17.12 new text begin as follows: Beginning at the southwest corner of the Southeast Quarter of said Section new text end 17.13 new text begin 11; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along the new text end 17.14 new text begin westerly line of the Southeast Quarter of said Section 11, for a distance of 503.33 feet; new text end 17.15 new text begin thence South 89 degrees 25 minutes 32 seconds East for a distance of 200.00 feet; thence new text end 17.16 new text begin North 00 degrees 13 minutes 06 seconds East, parallel to the westerly line of the Southeast new text end 17.17 new text begin Quarter of said Section 11, for a distance of 457.87 feet; thence South 89 degrees 44 new text end 17.18 new text begin minutes 18 seconds East for a distance of 323.00 feet; thence South 48 degrees 16 minutes new text end 17.19 new text begin 47 seconds East for a distance of 89.46 feet; thence South 29 degrees 17 minutes 10 new text end 17.20 new text begin seconds East for a distance of 1,035.56 feet to a point of intersection with the southerly new text end 17.21 new text begin line of the Southeast Quarter of said Section 11; thence North 89 degrees 44 minutes 18 new text end 17.22 new text begin seconds West, along the southerly line of the Southeast Quarter of said Section 11, for new text end 17.23 new text begin a distance of 1,100.00 feet to the point of beginning. Said tract of land contains 16.133 new text end 17.24 new text begin acres, more or less, and is subject to the following described ingress-egress easement: A new text end 17.25 new text begin 30.00-foot strip of land for purposes of ingress and egress centered along the following new text end 17.26 new text begin described line: Commencing at the southwest corner of the Southeast Quarter of Section new text end 17.27 new text begin 11, Township 139 North, Range 46 West, Fifth Principal Meridian, Clay County, new text end 17.28 new text begin Minnesota; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along new text end 17.29 new text begin the westerly line of the Southeast Quarter of said Section 11, for a distance of 15.00 feet to new text end 17.30 new text begin the true point of beginning; thence South 89 degrees 44 minutes 18 seconds East, parallel new text end 17.31 new text begin to and 15.00 feet northerly of the southerly line of the Southeast Quarter of said Section new text end 17.32 new text begin 11, for a distance of 797.03 feet; thence North 22 degrees 07 minutes 20 seconds East for a new text end 17.33 new text begin distance of 327.76 feet and there terminating. new text end 17.34     new text begin Subd. 2. new text end new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. new text end new text begin The new text end 17.35 new text begin following areas are added to Frontenac State Park, Goodhue County: new text end 18.1     new text begin (1) all that part of Government Lot 4, and all that part of the Southwest Quarter of new text end 18.2 new text begin the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter, all in Section new text end 18.3 new text begin 2, Township 112 North, Range 13 West, described as follows, to-wit: Beginning at the new text end 18.4 new text begin point of intersection of the east and west center line of said Section 2 with the line of the new text end 18.5 new text begin west shore of Lake Pepin, running thence West 6 chains; thence South 33 degrees 15 new text end 18.6 new text begin minutes West 9.60 chains; thence South 41 degrees West 5.54 chains; thence South 51 new text end 18.7 new text begin degrees 15 minutes West 4.32 chains; thence South 65 degrees 15 minutes West 4 chains; new text end 18.8 new text begin thence South 70 degrees 45 minutes West 11.27 chains to a rock in Glenway Street in the new text end 18.9 new text begin village of Frontenac; thence South 48 degrees 30 minutes East 4.72 chains to the north and new text end 18.10 new text begin south center line of said section; thence South 39 degrees 10 minutes East 11.14 chains; new text end 18.11 new text begin thence South 32 degrees 30 minutes East 8.15 chains to the north line of Waconia Avenue new text end 18.12 new text begin in said Frontenac; thence North 42 degrees 50 minutes East 5.15 chains; thence North 23 new text end 18.13 new text begin degrees 50 minutes East 2.75 chains; thence North 9 degrees 20 minutes East 7.90 chains; new text end 18.14 new text begin thence North 20 degrees 20 minutes East 4.64 chains; thence North 52 degrees West 3.80 new text end 18.15 new text begin chains; thence North 20 degrees 20 minutes East 18.40 chains to the east line of said Mill new text end 18.16 new text begin Street in said Frontenac; thence South along the east line of said Mill Street 3.76 chains new text end 18.17 new text begin to the north line of Lot 8 in Block 13 in said Frontenac; thence along said north line to new text end 18.18 new text begin the shore of Lake Pepin; thence along the shore of said lake 1.50 chains to the point of new text end 18.19 new text begin beginning, containing in all 35.67 acres of land, more or less. Excepting therefrom all that new text end 18.20 new text begin part of Government Lot 4, Section 2, Township 112 North, Range 13 West, described, new text end 18.21 new text begin as follows: Beginning on the shore of Lake Pepin at the northeast corner of Lot 8 in new text end 18.22 new text begin Block 13 of the town of Frontenac, running thence westerly along the north line of said new text end 18.23 new text begin lot to the northwest corner thereof; thence northerly along the easterly line of Mill Street new text end 18.24 new text begin in said town of Frontenac 215 feet, more or less, to its intersection with the north line of new text end 18.25 new text begin said Government Lot 4; thence East along the north line of said Government Lot 4 to low new text end 18.26 new text begin water mark on shore of Lake Pepin; thence southerly along the low water mark of Lake new text end 18.27 new text begin Pepin to the place of beginning. Also excepting that part of Government Lot 4, Section 2, new text end 18.28 new text begin Township 112 North, Range 12 West, which lies West of Undercliff Street in said village, new text end 18.29 new text begin North of the southerly line of said Lot 1, Block 14, prolonged westerly, and East of a line new text end 18.30 new text begin beginning 6 chains West of the intersection of the east and west center line of said Section new text end 18.31 new text begin 2 with the west shore of Lake Pepin, being the point of intersection of the west line of said new text end 18.32 new text begin Undercliff Street and said east and west center line; thence South 33 degrees 15 minutes new text end 18.33 new text begin West 9.60 chains, being a triangular piece of land; all of Block 14, except Lot 1 of said new text end 18.34 new text begin Block 14; Lots 11, 12, 13, 14, 15, 16, 17, 18, and 19 of Block 15, except so much of Lot new text end 18.35 new text begin 11 in said Block 15 (in a triangular form) as lies between the west end of Lots 2 and 3 of new text end 18.36 new text begin said Block 15 and the east line of Bluff Street, all in the town of Frontenac according to new text end 19.1 new text begin the accepted and recorded map of said town of Frontenac now on file and of record in the new text end 19.2 new text begin Office of the Register of Deeds in and for said County of Goodhue; new text end 19.3     new text begin (2) that part of the West Half of the Northeast Quarter of Section 6, Township 112 new text end 19.4 new text begin North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing new text end 19.5 new text begin at the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence new text end 19.6 new text begin South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of new text end 19.7 new text begin said West Half of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the new text end 19.8 new text begin point of beginning of the land to be described; thence North 01 degree 11 minutes 39 new text end 19.9 new text begin seconds West, along said east line, a distance of 400.00 feet; thence South 89 degrees 01 new text end 19.10 new text begin minute 10 seconds West, a distance of 442.03 feet; thence southwesterly, a distance of new text end 19.11 new text begin 534.99 feet along a nontangential curve concave to the northwest having a radius of new text end 19.12 new text begin 954.93 feet, a central angle of 33 degrees 53 minutes 57 seconds, and a chord that bears new text end 19.13 new text begin South 42 degrees 45 minutes 42 seconds West; thence South 59 degrees 42 minutes 41 new text end 19.14 new text begin seconds West, tangent to said curve, a distance of 380.00 feet to the centerline of State new text end 19.15 new text begin Highway 61, as now located and established; thence southeasterly, along said centerline new text end 19.16 new text begin of State Highway 61, a distance of 160 feet, more or less, to the intersection with a line new text end 19.17 new text begin bearing South 73 degrees 00 minutes 00 seconds West from the point of beginning; thence new text end 19.18 new text begin North 73 degrees 00 minutes 00 seconds East, to the point of beginning. Together with a new text end 19.19 new text begin 50.00-foot wide driveway and utility easement, which lies northwesterly and adjoins the new text end 19.20 new text begin northwesterly line of the above described property; and new text end 19.21     new text begin (3) that part of the West Half of the Northeast Quarter of Section 6, Township new text end 19.22 new text begin 112 North, Range 13 West, Goodhue County, described as follows: Commencing at new text end 19.23 new text begin the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence new text end 19.24 new text begin South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of new text end 19.25 new text begin said West Half of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the new text end 19.26 new text begin point of beginning of the land to be described; thence South 73 degrees 00 minutes 00 new text end 19.27 new text begin seconds West, to the centerline of State Highway 61, as now located and established; new text end 19.28 new text begin thence southeasterly, along said centerline of State Highway 61, to the south line of said new text end 19.29 new text begin West Half of the Northeast Quarter of Section 6; thence North 88 degrees 34 minutes new text end 19.30 new text begin 56 seconds East, along said south line, to the southeast corner of said West Half of the new text end 19.31 new text begin Northeast Quarter of Section 6; thence North 01 degree 11 minutes 39 seconds West, a new text end 19.32 new text begin distance of 1,902.46 feet to the point of beginning. new text end 19.33     new text begin Subd. 3. new text end new text begin [85.012] [Subd. 44.] Monson Lake State Park, Swift County. new text end new text begin The new text end 19.34 new text begin following area is added to Monson Lake State Park, Swift County: the Northeast Quarter new text end 19.35 new text begin of Section 1, Township 121 North, Range 37 West. new text end 20.1     new text begin Subd. 4. new text end new text begin [85.012] [Subd. 51.] Savanna Portage State Park, Aitkin and St. new text end 20.2 new text begin Louis Counties. new text end new text begin The following areas are added to Savanna Portage State Park: the new text end 20.3 new text begin Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Northwest new text end 20.4 new text begin Quarter, Government Lot 2, and Government Lot 3, all in Section 13, Township 50 North, new text end 20.5 new text begin Range 23 West, Aitkin County. new text end 20.6     new text begin Subd. 5. new text end new text begin [85.012] [Subd. 52.] Scenic State Park, Itasca County. new text end new text begin The following new text end 20.7 new text begin areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the Northeast new text end 20.8 new text begin Quarter of the Northwest Quarter, and the Southeast Quarter of the Northwest Quarter, all new text end 20.9 new text begin in Section 7, Township 60 North, Range 25 West, Itasca County. new text end 20.10     new text begin Subd. 6. new text end new text begin [85.012] [Subd. 53a.] Soudan Underground Mine State Park, St. new text end 20.11 new text begin Louis County. new text end new text begin The following area is added to Soudan Underground Mine State Park: the new text end 20.12 new text begin Northeast Quarter of the Northeast Quarter, Section 29, Township 62 North, Range 15 new text end 20.13 new text begin West, St. Louis County. new text end 20.14     new text begin Subd. 7. new text end new text begin [85.012] [Subd. 60.] William O'Brien State Park, Washington County. new text end 20.15     new text begin The following areas are added to William O'Brien State Park, Washington County: new text end 20.16     new text begin (1) Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on new text end 20.17 new text begin file and of record in the Office of the Recorder for Washington County; new text end 20.18     new text begin (2) the South 200.00 feet of the North 1,326.20 feet of the West One-Half of the new text end 20.19 new text begin Southeast Quarter, Section 36, Township 32 North, Range 20 West; and new text end 20.20     new text begin (3) that part of the Northeast Quarter of the Southwest Quarter lying west of new text end 20.21 new text begin Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19 West. new text end 20.22    Sec. 21. new text begin DELETIONS FROM STATE PARKS. new text end 20.23     new text begin Subdivision 1. new text end new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. new text end 20.24     new text begin The following areas are deleted from Frontenac State Park, all in Township 112 North, new text end 20.25 new text begin Range 13 West, Goodhue County: new text end 20.26     new text begin (1) that part of the East Half, Section 11, and that part of the Southwest Quarter, new text end 20.27 new text begin Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH new text end 20.28 new text begin EXTENSION TO FRONTENAC according to the plat on file and of record in the Office new text end 20.29 new text begin of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated new text end 20.30 new text begin Birch Way and Birch Way South situated in GARRARD'S SOUTH EXTENSION TO new text end 20.31 new text begin FRONTENAC lying southerly of vacated Ludlow Avenue and northerly of Winona new text end 20.32 new text begin Avenue; new text end 21.1     new text begin (2) that part of the Northeast Quarter, Section 11, being described as BLOCK 70, new text end 21.2 new text begin WESTERVELT (also known as the town of Frontenac) according to the plat on file and of new text end 21.3 new text begin record in the Office of the Recorder for Goodhue County, Minnesota; new text end 21.4     new text begin (3) that part of the Northeast Quarter, Section 11, being described as Lots 1, 2, 3, new text end 21.5 new text begin 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka town of new text end 21.6 new text begin Frontenac) according to the plat on file and of record in the Office of the Recorder for new text end 21.7 new text begin Goodhue County, Minnesota; new text end 21.8     new text begin (4) that part of the Northeast Quarter, Section 11, being described as BLOCK 67, new text end 21.9 new text begin WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the new text end 21.10 new text begin Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet new text end 21.11 new text begin of Graham Street lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said new text end 21.12 new text begin plat of WESTERVELT; new text end 21.13     new text begin (5) that part of the Northeast Quarter, Section 11, being described as BLOCK 66, new text end 21.14 new text begin WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the new text end 21.15 new text begin Office of the Recorder for Goodhue County, Minnesota; and new text end 21.16     new text begin (6) that part of the Northeast Quarter, Section 11, being described as those parts of new text end 21.17 new text begin Lots 1 and 9 in BLOCK 65 of the town of Frontenac lying adjacent to and northerly of the new text end 21.18 new text begin southerly 50 feet of said Lots 1 and 9 according to the plat on file and of record in the new text end 21.19 new text begin Office of the Recorder for Goodhue County, Minnesota. new text end 21.20     new text begin Subd. 2. new text end new text begin [85.012][Subd. 30.] Jay Cooke State Park, Carlton County. new text end new text begin Effective new text end 21.21 new text begin upon the commissioner of natural resources entering into an agreement with the new text end 21.22 new text begin commissioner of veterans affairs to transfer the property for use as a veterans cemetery, new text end 21.23 new text begin the following areas are deleted from Jay Cooke State Park: new text end 21.24     new text begin (a) the Northeast Quarter of the Southeast Quarter lying southerly of the railroad new text end 21.25 new text begin right-of-way, Section 21, Township 48 North, Range 16 West; new text end 21.26     new text begin (b) the Northwest Quarter of the Southwest Quarter lying southerly of the railroad new text end 21.27 new text begin right-of-way, Section 22, Township 48 North, Range 16 West; and new text end 21.28     new text begin (c) the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section new text end 21.29 new text begin 22, Township 48 North, Range 16 West. new text end 21.30     new text begin Subd. 3. new text end new text begin [85.012] [Subd. 35.] Lake Carlos State Park, Douglas County. new text end new text begin The new text end 21.31 new text begin following area is deleted from Lake Carlos State Park: that part of Government Lot 2, new text end 21.32 new text begin being described as EHLERT'S ADDITION according to the plat on file and of record in new text end 21.33 new text begin the Office of the Recorder for Douglas County, Minnesota, Section 10, Township 129 new text end 21.34 new text begin North, Range 37 West, Douglas County. new text end 22.1     new text begin Subd. 4. new text end new text begin [85.012] [Subd. 38.] Lake Shetek State Park, Murray County. new text end new text begin The new text end 22.2 new text begin following areas are deleted from Lake Shetek State Park: new text end 22.3     new text begin (1) Blocks 3 and 4 of Forman Acres according to the plat on file and of record in the new text end 22.4 new text begin Office of the Recorder for Murray County; new text end 22.5     new text begin (2) the Hudson Acres subdivision according to the plat on file and of record in the new text end 22.6 new text begin Office of the Recorder for Murray County; and new text end 22.7     new text begin (3) that part of Government Lot 6 and that part of Government Lot 7 of Section 6, new text end 22.8 new text begin Township 107 North, Range 40 West, and that part of Government Lot 1 and that part of new text end 22.9 new text begin Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray County, new text end 22.10 new text begin Minnesota, described as follows: new text end 22.11     new text begin Commencing at the East Quarter Corner of said Section 6; thence on a bearing based new text end 22.12 new text begin on the 1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees new text end 22.13 new text begin 22 minutes 05 seconds East 1405.16 feet along the east line of said Section 6; thence new text end 22.14 new text begin North 89 degrees 07 minutes 01 second West 1942.39 feet; thence South 03 degrees 33 new text end 22.15 new text begin minutes 00 seconds West 94.92 feet to the northeast corner of Block 5 of FORMAN new text end 22.16 new text begin ACRES, according to the recorded plat thereof on file and of record in the Murray County new text end 22.17 new text begin Recorder's Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along new text end 22.18 new text begin the easterly line of said Block 5 and along the easterly line of the Private Roadway of new text end 22.19 new text begin FORMAN ACRES to the southeasterly corner of said Private Roadway and the POINT new text end 22.20 new text begin OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along new text end 22.21 new text begin the southerly line of said Private Roadway to an angle point on said line and an existing new text end 22.22 new text begin 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06 new text end 22.23 new text begin feet along the southerly line of said Private Roadway to an angle point on said line and new text end 22.24 new text begin an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds West new text end 22.25 new text begin 279.60 feet along the southerly line of said Private Roadway to an angle point on said line; new text end 22.26 new text begin thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly line new text end 22.27 new text begin of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR new text end 22.28 new text begin LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 470.40 new text end 22.29 new text begin feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 feet to new text end 22.30 new text begin a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR new text end 22.31 new text begin MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line new text end 22.32 new text begin of Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT new text end 22.33 new text begin 1, OF SEC 7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of new text end 22.34 new text begin record in the Murray County Recorder's Office and a DNR MON; thence South 14 degrees new text end 22.35 new text begin 28 minutes 55 seconds West 71.98 feet along the east line of said Lot A to the northerly new text end 22.36 new text begin most corner of Lot 36 of HUDSON ACRES, according to the record plat thereof on file new text end 23.1 new text begin and of record in the Murray County Recorder's Office and an existing steel fence post; new text end 23.2 new text begin thence South 51 degrees 37 minutes 05 seconds East 418.97 feet along the northeasterly new text end 23.3 new text begin line of said Lot 36 and along the northeasterly line of Lots 35, 34, 33, 32 of HUDSON new text end 23.4 new text begin ACRES to an existing 1 inch inside diameter iron pipe marking the easterly most corner of new text end 23.5 new text begin Lot 32 and the most northerly corner of Lot 31A of HUDSON ACRES; thence South 48 new text end 23.6 new text begin degrees 33 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot new text end 23.7 new text begin 31A to an existing 1 1/2 inch inside diameter iron pipe marking the easterly most corner new text end 23.8 new text begin thereof and the most northerly corner of Lot 31 of HUDSON ACRES; thence South 33 new text end 23.9 new text begin degrees 53 minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31 new text end 23.10 new text begin and along the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 1 new text end 23.11 new text begin 1/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 29 and new text end 23.12 new text begin the most northerly corner of Lot 28 of HUDSONS ACRES; thence South 45 degrees 23 new text end 23.13 new text begin minutes 54 seconds East 375.07 feet along the northeasterly line of said Lot 28 and along new text end 23.14 new text begin the northeasterly line of Lots 27, 26, 25, 24 of HUDSON ACRES to an existing 1 1/2 inch new text end 23.15 new text begin inside diameter iron pipe marking the easterly most corner of said Lot 24 and the most new text end 23.16 new text begin northerly corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes new text end 23.17 new text begin 53 seconds East 226.80 feet along the northeasterly line of said Lot 23 and along the new text end 23.18 new text begin northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 1 1/2 inch inside new text end 23.19 new text begin diameter iron pipe marking the easterly most corner of said Lot 21 and the most northerly new text end 23.20 new text begin corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds new text end 23.21 new text begin East 524.75 feet along the northeasterly line of said Lot 20 and along the northeasterly new text end 23.22 new text begin line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to an existing 1 1/2 inch inside new text end 23.23 new text begin diameter iron pipe marking the easterly most corner of said Lot 14 and the most northerly new text end 23.24 new text begin corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes 43 seconds new text end 23.25 new text begin East 225.11 feet along the northeasterly line of said Lot 13 and along the northeasterly new text end 23.26 new text begin line of Lots 12 and 11 of HUDSON ACRES to an existing 1 1/2 inch inside diameter iron new text end 23.27 new text begin pipe marking the easterly most corner of said Lot 11 and the northwest corner of Lot 10 new text end 23.28 new text begin of HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet new text end 23.29 new text begin along the north line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON new text end 23.30 new text begin ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the northeast corner new text end 23.31 new text begin of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84 new text end 23.32 new text begin degrees 07 minutes 37 seconds East 525.01 feet along the north line of said Lot 7 and new text end 23.33 new text begin along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to an existing 1 1/2 inch new text end 23.34 new text begin inside diameter iron pipe marking the northeast corner of said Lot 1 of HUDSON ACRES; new text end 23.35 new text begin thence southeasterly, easterly and northerly along a non-tangential curve concave to the new text end 23.36 new text begin north having a radius of 50.00 feet, central angle 138 degrees 41 minutes 58 seconds, a new text end 24.1 new text begin distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 seconds East; thence new text end 24.2 new text begin continuing northwesterly and westerly along the previously described curve concave to new text end 24.3 new text begin the south having a radius of 50.00 feet, central angle 138 degrees 42 minutes 00 seconds, a new text end 24.4 new text begin distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 seconds West and new text end 24.5 new text begin a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not tangent to said new text end 24.6 new text begin curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 seconds West new text end 24.7 new text begin 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds West 196.66 new text end 24.8 new text begin feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 530.34 feet to new text end 24.9 new text begin a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 feet to a DNR new text end 24.10 new text begin MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet to a DNR MON; new text end 24.11 new text begin thence North 33 degrees 53 minutes 32 seconds West 226.66 feet to a DNR MON; thence new text end 24.12 new text begin North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR MON; thence North new text end 24.13 new text begin 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; thence North 24 new text end 24.14 new text begin degrees 09 minutes 58 seconds East 257.86 feet to a DNR MON; thence North 16 degrees new text end 24.15 new text begin 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North 76 degrees 04 new text end 24.16 new text begin minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33 degrees 01 minute new text end 24.17 new text begin 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 28 minutes 25 new text end 24.18 new text begin seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 minutes 00 seconds new text end 24.19 new text begin East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes 07 seconds East new text end 24.20 new text begin 26.00 feet to the point of beginning; containing 7.55 acres. new text end 24.21     new text begin Subd. 5. new text end new text begin [85.012] [Subd. 44a.] Moose Lake State Park, Carlton County. new text end new text begin The new text end 24.22 new text begin following areas are deleted from Moose Lake State Park, all in Township 46 North, Range new text end 24.23 new text begin 19 West, Carlton County: new text end 24.24     new text begin (1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter new text end 24.25 new text begin of Section 28; new text end 24.26     new text begin (2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter new text end 24.27 new text begin of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the new text end 24.28 new text begin centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a new text end 24.29 new text begin 100.00-foot wide strip for access and also subject to highway and road easements; new text end 24.30     new text begin (3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter new text end 24.31 new text begin of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the new text end 24.32 new text begin centerline of State Trunk Highway 73, and subject to taking for highway purposes of a new text end 24.33 new text begin road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County new text end 24.34 new text begin Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at new text end 24.35 new text begin the northerly line of State Trunk Highway 73, and subject to highway and road easements; new text end 25.1     new text begin (4) Parcel G: that part of Government Lot 1 of Section 28, which lies northerly of the new text end 25.2 new text begin westerly extension of the northerly line of the Southwest Quarter of the Northeast Quarter new text end 25.3 new text begin of said Section 28, and southerly of the westerly extension of the northerly line of the new text end 25.4 new text begin South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28; new text end 25.5     new text begin (5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast new text end 25.6 new text begin Quarter of Section 28; new text end 25.7     new text begin (6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except new text end 25.8 new text begin the West 660.00 feet of said Southwest Quarter; and new text end 25.9     new text begin (7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28, new text end 25.10 new text begin described as follows: Commencing at the northwest corner of said North One-Half of the new text end 25.11 new text begin Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north new text end 25.12 new text begin line of said North One-Half of the Southeast Quarter a distance of 660.01 feet to the east new text end 25.13 new text begin line of the West 660.00 feet of said North One-Half of the Southeast Quarter and the actual new text end 25.14 new text begin point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along new text end 25.15 new text begin the north line of said North One-Half of the Southeast Quarter a distance of 657.40 feet to new text end 25.16 new text begin the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28; new text end 25.17 new text begin thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North new text end 25.18 new text begin One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way new text end 25.19 new text begin of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate new text end 25.20 new text begin Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast, new text end 25.21 new text begin having a radius of 1,054.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and new text end 25.22 new text begin a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees new text end 25.23 new text begin 44 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35 new text end 25.24 new text begin a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73; new text end 25.25 new text begin thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on new text end 25.26 new text begin a nontangential curve, concave to the south, having a radius of 1,984.88 feet, a central new text end 25.27 new text begin angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39 new text end 25.28 new text begin minutes 40 seconds West to the east line of the West 660.00 feet of said North One-Half of new text end 25.29 new text begin the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of new text end 25.30 new text begin 1,305.90 feet, more or less, to the point of beginning and there terminating. new text end 25.31    Sec. 22. new text begin ADDITIONS TO STATE RECREATION AREAS. new text end 25.32     new text begin [85.013] [Subd. 11a.] Garden Island State Recreation Area, Lake of the Woods new text end 25.33 new text begin County. new text end new text begin The following areas are added to Garden Island State Recreation Area, Lake of new text end 25.34 new text begin the Woods County: new text end 26.1     new text begin (1) Bureau of Land Management Island County Control Number 013 (aka Bridges new text end 26.2 new text begin Island) within Lake of the Woods and located in Section 9, Township 165 North, Range new text end 26.3 new text begin 32 West; new text end 26.4     new text begin (2) Bureau of Land Management Island County Control Number 014 (aka Knight new text end 26.5 new text begin Island) within Lake of the Woods and located in Section 22, Township 165 North, Range new text end 26.6 new text begin 32 West; and new text end 26.7     new text begin (3) Bureau of Land Management Island County Control Number 015 (aka Babe new text end 26.8 new text begin Island) within Lake of the Woods and located in Section 17, Township 166 North, Range new text end 26.9 new text begin 32 West. new text end 26.10    Sec. 23. new text begin ADDITIONS TO BIRCH LAKES STATE FOREST. new text end 26.11     new text begin [89.021] [Subd. 7.] Birch Lakes State Forest. new text end new text begin The following area is added to new text end 26.12 new text begin Birch Lakes State Forest: the East Half of the Northeast Quarter, Section 35, Township new text end 26.13 new text begin 127 North, Range 33 West, Stearns County. new text end 26.14    Sec. 24. new text begin LEASE OF TAX-FORFEITED AND STATE LANDS. new text end 26.15     new text begin (a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 26.16 new text begin St. Louis County may enter a 30-year lease of tax-forfeited land for a wind energy project. new text end 26.17     new text begin (b) The commissioner of natural resources may enter a 30-year lease of land new text end 26.18 new text begin administered by the commissioner for a wind energy project. new text end 26.19    Sec. 25. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION new text end 26.20 new text begin LAND BORDERING PUBLIC WATER; AITKIN COUNTY. new text end 26.21     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, and the classification and new text end 26.22 new text begin public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of new text end 26.23 new text begin natural resources may sell by public or private sale the consolidated conservation land new text end 26.24 new text begin bordering public water that is described in paragraph (c). new text end 26.25     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 26.26 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 26.27 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 26.28 new text begin survey costs and appraised value of the land and timber. Proceeds shall be disposed of new text end 26.29 new text begin according to Minnesota Statutes, chapter 84A. new text end 26.30     new text begin (c) The land that may be sold is located in Aitkin County and is described as: the new text end 26.31 new text begin East 132 feet of the West 396 feet, less the North 40 feet of Government Lot 8, Section 19, new text end 26.32 new text begin Township 50 North, Range 23 West, containing 3.74 acres, more or less. new text end 27.1     new text begin (d) The land borders Aitkin Lake with privately-owned land to the east and west. The new text end 27.2 new text begin land has been subject to continued trespasses by adjacent landowners. The Department of new text end 27.3 new text begin Natural Resources has determined that the land is not needed for natural resource purposes. new text end 27.4    Sec. 26. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION new text end 27.5 new text begin LAND; AITKIN COUNTY. new text end 27.6     new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota new text end 27.7 new text begin Statutes, chapters 84A and 282, Aitkin County may sell by public or private sale the new text end 27.8 new text begin consolidated conservation lands that are described in paragraph (c). new text end 27.9     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 27.10 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 27.11 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 27.12 new text begin survey costs and appraised value of the land and timber. Proceeds shall be disposed of new text end 27.13 new text begin according to Minnesota Statutes, chapter 84A. new text end 27.14     new text begin (c) The lands that may be sold are located in Aitkin County and are described as: new text end 27.15     new text begin (1) that part of the Northwest Quarter of the Southeast Quarter, Section 31, Township new text end 27.16 new text begin 49 North, Range 22 West, lying east of County State-Aid Highway 6, containing 3 acres, new text end 27.17 new text begin more or less; new text end 27.18     new text begin (2) that part of Government Lot 11, Section 3, Township 47 North, Range 26 West, new text end 27.19 new text begin lying north of County Road 54, containing 2 acres, more or less; new text end 27.20     new text begin (3) that part of Government Lot 1, Section 19, Township 51 North, Range 25 West, new text end 27.21 new text begin lying southwest of the ditch, containing 20 acres, more or less; new text end 27.22     new text begin (4) that part of the Southwest Quarter of the Southwest Quarter, Section 13, new text end 27.23 new text begin Township 51 North, Range 26 West, lying south of the ditch, containing 12 acres, more or new text end 27.24 new text begin less; and new text end 27.25     new text begin (5) that part of the South Half of the Southeast Quarter, Section 13, Township 51 new text end 27.26 new text begin North, Range 26 West, lying south of the ditch, containing 40 acres, more or less. new text end 27.27     new text begin (d) The lands are separated from management units by roads or ditches. The new text end 27.28 new text begin Department of Natural Resources has determined that the lands are not needed for natural new text end 27.29 new text begin resource purposes. new text end 27.30    Sec. 27. new text begin PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY. new text end 27.31     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon new text end 27.32 new text begin completion of condemnation of the school trust land interest, the commissioner of natural new text end 27.33 new text begin resources may sell by private sale to Cormant Township the surplus land that is described new text end 27.34 new text begin in paragraph (c). new text end 28.1     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 28.2 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 28.3 new text begin ensure accuracy. The commissioner may sell to Cormant Township for less than the value new text end 28.4 new text begin of the land as determined by the commissioner, but the conveyance must provide that the new text end 28.5 new text begin land described in paragraph (c) be used for the public and reverts to the state if Cormant new text end 28.6 new text begin Township fails to provide for public use or abandons the public use of the land. new text end 28.7     new text begin (c) The land that may be sold is located in Beltrami County and is described as: that new text end 28.8 new text begin part of the Northeast Quarter of the Southeast Quarter, Section 15, Township 151 North, new text end 28.9 new text begin Range 31 West, Beltrami County, Minnesota, described as follows: Commencing at the new text end 28.10 new text begin northeast corner of said Northeast Quarter of the Southeast Quarter; thence West along the new text end 28.11 new text begin north line of said Northeast Quarter of the Southeast Quarter to the northwest corner of new text end 28.12 new text begin said Northeast Quarter of the Southeast Quarter and the POINT OF BEGINNING of the new text end 28.13 new text begin property to be described; thence East a distance of 76 feet, along said north line; thence new text end 28.14 new text begin South a distance of 235 feet; thence West a distance of 76 feet to the west line of said new text end 28.15 new text begin Northeast Quarter of the Southeast Quarter; thence North a distance of 235 feet along said new text end 28.16 new text begin west line to the point of beginning. Containing 0.41 acre, more or less. new text end 28.17     new text begin (d) Cormant Cemetery has inadvertently trespassed upon the land. The Department new text end 28.18 new text begin of Natural Resources has determined that the state's land management interests would new text end 28.19 new text begin best be served if the land was conveyed to Cormant Township and managed as part of new text end 28.20 new text begin the cemetery. Since the land is currently school trust land, the Department of Natural new text end 28.21 new text begin Resources shall first condemn the school trust interest prior to conveyance to Cormant new text end 28.22 new text begin Township. new text end 28.23    Sec. 28. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 28.24 new text begin WATER; BELTRAMI COUNTY. new text end 28.25     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 28.26 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami County new text end 28.27 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 28.28 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 28.29     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 28.30 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 28.31     new text begin (c) The land to be sold is located in Beltrami County and is described as: the easterly new text end 28.32 new text begin 350 feet of the following described parcel: Northland Addition to Bemidji Lots E, G, H, new text end 28.33 new text begin I, J, Section 8, Township 146 North, Range 33 West, and all that part of Unplatted Lot new text end 28.34 new text begin 1, Section 17, Township 146 North, Range 33 West and the Minneapolis, Red Lake, and new text end 28.35 new text begin Manitoba Railway right-of-way lying West of Park Avenue and within Lot 1 except that new text end 29.1 new text begin part of the MRL&M RY R/W lying north of the north boundary line of Lot E, Northland new text end 29.2 new text begin Addition to Bemidji. new text end 29.3     new text begin (d) The county has determined that the county's land management interests would new text end 29.4 new text begin best be served if the lands were returned to private ownership. new text end 29.5    Sec. 29. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 29.6 new text begin WATER; CARLTON COUNTY. new text end 29.7     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 29.8 new text begin Carlton County may sell the tax-forfeited land bordering public water that is described in new text end 29.9 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 29.10     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 29.11 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 29.12     new text begin (c) The land to be sold is located in Carlton County and is described as: the SE�� of new text end 29.13 new text begin the SE�� of Section 31, Township 47 North, Range 17 West, Blackhoof Township. new text end 29.14     new text begin (d) The Carlton County Board of Commissioners has classified the parcel as new text end 29.15 new text begin nonconservation and has determined that the county's land management interests would new text end 29.16 new text begin best be served if the parcel was returned to private ownership. new text end 29.17    Sec. 30. new text begin EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS new text end 29.18 new text begin WILDLIFE MANAGEMENT AREA; CARVER COUNTY. new text end 29.19     new text begin (a) The commissioner of natural resources may, with the approval of the Land new text end 29.20 new text begin Exchange Board as required under the Minnesota Constitution, article XI, section 10, and new text end 29.21 new text begin according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange new text end 29.22 new text begin the lands described in paragraph (b). new text end 29.23     new text begin (b) The lands to be exchanged are located in Carver County and are described as: new text end 29.24     new text begin (1) that part of the South Half of the Northwest Quarter and that part of the new text end 29.25 new text begin Northwest Quarter of the Southwest Quarter lying northwesterly of the following new text end 29.26 new text begin described line: Beginning on the north line of the South Half of the Northwest Quarter, new text end 29.27 new text begin 1,815 feet East of the northwest corner thereof; thence southwesterly 3,200 feet, more or new text end 29.28 new text begin less, to the southwest corner of the Northwest Quarter of the Southwest Quarter and there new text end 29.29 new text begin terminating, all in Section 30, Township 115 North, Range 23 West; new text end 29.30     new text begin (2) the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast new text end 29.31 new text begin Quarter of the Southeast Quarter, and that part of the North Half of the Southeast Quarter new text end 29.32 new text begin lying easterly of County State-Aid Highway 45, all in Section 25, Township 115 North, new text end 29.33 new text begin Range 24 West; new text end 30.1     new text begin (3) the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the new text end 30.2 new text begin North Half of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter, all new text end 30.3 new text begin in Section 36, Township 115 North, Range 24 West; and new text end 30.4     new text begin (4) the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North, new text end 30.5 new text begin Range 23 West. new text end 30.6     new text begin (c) The lands were acquired in part with bonding appropriations. The exchange with new text end 30.7 new text begin the United States Fish and Wildlife Service will consolidate land holdings, facilitate new text end 30.8 new text begin management of the lands, and provide additional wildlife habitat acres to the state. new text end 30.9    Sec. 31. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 30.10 new text begin WATER; CHIPPEWA COUNTY. new text end 30.11     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 30.12 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Chippewa County may new text end 30.13 new text begin convey to Chippewa County for no consideration the tax-forfeited land bordering public new text end 30.14 new text begin water that is described in paragraph (c). new text end 30.15     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 30.16 new text begin that the land reverts to the state if the county fails to provide for the public use described new text end 30.17 new text begin in paragraph (d) or abandons the public use of the land. The attorney general may make new text end 30.18 new text begin necessary changes to the legal description to correct errors and ensure accuracy. new text end 30.19     new text begin (c) The land that may be conveyed is located in Chippewa County and is described new text end 30.20 new text begin as follows: new text end 30.21     new text begin (1) Tract 1: a tract in Government Lot 2 described as: beginning at the southeast new text end 30.22 new text begin corner of Lot 6, Block 1, Original Plat Wegdahl; thence West 50 feet South, 50 Feet West new text end 30.23 new text begin on a line 50 feet South of the south line of Block 1 to the river; thence southeasterly new text end 30.24 new text begin along the river to a point 165 feet South of the south line of Block 1; thence East on a new text end 30.25 new text begin line parallel with the south line of Block 1, to the intersection with the continuation of the new text end 30.26 new text begin east line of Lot 6, Block 1; thence North 165 feet to the point of beginning, Section 3, new text end 30.27 new text begin Township 116, Range 40; new text end 30.28     new text begin (2) Tract 2: a 50 foot strip adjacent to Block 1, Original Plat Wegdahl on South from new text end 30.29 new text begin Lot 3 to river, in Section 3, Township 116, Range 40; and new text end 30.30     new text begin (3) Tract 3: Lot 1, Block 2, Aadlands Subdivision. new text end 30.31     new text begin (d) The county will use the land to establish a public park. new text end 30.32    Sec. 32. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 30.33 new text begin WATER; CLEARWATER COUNTY. new text end 31.1     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 31.2 new text begin Clearwater County may sell the tax-forfeited land bordering public water that is described new text end 31.3 new text begin in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 31.4     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 31.5 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 31.6     new text begin (c) The land to be sold is located in Clearwater County and is described as: Parcel new text end 31.7 new text begin 11.300.0020. new text end 31.8     new text begin (d) The county has determined that the county's land management interests would new text end 31.9 new text begin best be served if the lands were returned to private ownership. new text end 31.10    Sec. 33. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 31.11 new text begin WATER OR WETLANDS; DAKOTA COUNTY. new text end 31.12     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018, new text end 31.13 new text begin subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Dakota new text end 31.14 new text begin County may convey to Dakota County for no consideration the tax-forfeited land new text end 31.15 new text begin bordering public water that is described in paragraph (c). new text end 31.16     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 31.17 new text begin that the land reverts to the state if Dakota County stops using the land for the public new text end 31.18 new text begin purpose described in paragraph (d). The conveyance is subject to restrictions imposed by new text end 31.19 new text begin the commissioner of natural resources. The attorney general may make changes to the new text end 31.20 new text begin land description to correct errors and ensure accuracy. new text end 31.21     new text begin (c) The land to be conveyed is located in Dakota County and is described as: new text end 31.22     new text begin That part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying new text end 31.23 new text begin southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded new text end 31.24 new text begin plat thereof, and lying easterly of the railroad right-of-way and lying northwesterly of the new text end 31.25 new text begin following described line: new text end 31.26 new text begin Commencing at the southwest corner of said Government Lot 7; thence North, new text end 31.27 new text begin assumed bearing, along the west line of said Government Lot 7, a distance of 178.00 new text end 31.28 new text begin feet; thence northeasterly along a nontangential curve concave to the southeast a new text end 31.29 new text begin distance of 290.00 feet, said curve having a radius of 764.50 feet, a central angle of new text end 31.30 new text begin 21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord bearing of new text end 31.31 new text begin North 24 degrees 29 minutes 20 seconds East; thence continuing northeasterly along new text end 31.32 new text begin a tangent curve concave to the southeast a distance of 350.00 feet, said curve having new text end 31.33 new text begin a radius of 708.80 feet, a central angle of 28 degrees 17 minutes 32 seconds, a chord new text end 31.34 new text begin of 346.46 feet and a chord bearing of North 49 degrees 30 minutes 04 seconds East; new text end 31.35 new text begin thence North 63 degrees 38 minutes 50 seconds East tangent to the last described new text end 32.1 new text begin curve a distance of 578.10 feet, to a point hereinafter referred to as Point B; thence new text end 32.2 new text begin continuing North 63 degrees 38 minutes 50 seconds East a distance of 278.68 feet, new text end 32.3 new text begin more or less, to the westerly right-of-way line of the Chicago, Rock Island and new text end 32.4 new text begin Pacific Railroad, said point being the point of beginning of the line to be described; new text end 32.5 new text begin thence North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet, more new text end 32.6 new text begin or less, to the shoreline of the Mississippi River and there terminating. (Dakota new text end 32.7 new text begin County tax identification number 36-02600-016-32). new text end 32.8     new text begin (d) The county has determined that the land is needed as a trail corridor for the new text end 32.9 new text begin Mississippi River Regional Trail. new text end 32.10    Sec. 34. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY. new text end 32.11     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 32.12 new text begin of natural resources may sell by private sale to the city of Wayzata the surplus land that is new text end 32.13 new text begin described in paragraph (c). new text end 32.14     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 32.15 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 32.16 new text begin ensure accuracy. The commissioner may sell to the city of Wayzata, for less than the value new text end 32.17 new text begin of the land as determined by the commissioner, but the conveyance must provide that the new text end 32.18 new text begin land described in paragraph (c) be used for the public and reverts to the state if the city of new text end 32.19 new text begin Wayzata fails to provide for public use or abandons the public use of the land. new text end 32.20     new text begin (c) The land that may be sold is located in Hennepin County and is described as: new text end 32.21 new text begin Tract F, Registered Land Survey No. 1168. new text end 32.22     new text begin (d) The Department of Natural Resources has determined that the state's land new text end 32.23 new text begin management interests would best be served if the land was conveyed to the city of new text end 32.24 new text begin Wayzata. new text end 32.25    Sec. 35. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 32.26 new text begin WATER; ITASCA COUNTY. new text end 32.27     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 32.28 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may new text end 32.29 new text begin sell to Itasca County the tax-forfeited land bordering public water that is described in new text end 32.30 new text begin paragraph (c), for the appraised value of the land. new text end 32.31     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 32.32 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 32.33     new text begin (c) The land to be sold is in Itasca County and is described as: the North 1,100 feet new text end 32.34 new text begin of Government Lot 1, Section 26, Township 56 North, Range 26 West. new text end 33.1     new text begin (d) The county has determined that the county's land management interests would be new text end 33.2 new text begin best served if the land was under the direct ownership of Itasca County. new text end 33.3    Sec. 36. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 33.4 new text begin WATER; MARSHALL COUNTY. new text end 33.5     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 33.6 new text begin Marshall County may sell the tax-forfeited land bordering public water that is described in new text end 33.7 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 33.8     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 33.9 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 33.10     new text begin (c) The land to be sold is located in Marshall County and is described as: that part of new text end 33.11 new text begin the westerly ten acres of the North Half of the Northeast Quarter lying southerly of the new text end 33.12 new text begin following described line: Commencing at the quarter section corner between Sections 2 new text end 33.13 new text begin and 11; thence South along the quarter section line a distance of 1,080 feet to the northern new text end 33.14 new text begin edge of County Ditch #25, the point of beginning; thence upstream along said ditch North new text end 33.15 new text begin 40 degrees East 95 feet; thence South 41 degrees East 500 feet to the intersection with new text end 33.16 new text begin State Ditch #83; thence along said state ditch North 52 degrees 50 minutes East 196 feet; new text end 33.17 new text begin thence East 2,092 feet to the section line between Sections 11 and 12. new text end 33.18     new text begin (d) The county has determined that the county's land management interests would new text end 33.19 new text begin best be served if the lands were returned to private ownership. new text end 33.20    Sec. 37. new text begin EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE new text end 33.21 new text begin PARK; MOWER COUNTY. new text end 33.22     new text begin (a) Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the new text end 33.23 new text begin commissioner of natural resources may, with the approval of the Land Exchange Board as new text end 33.24 new text begin required under the Minnesota Constitution, article XI, section 10, and according to the new text end 33.25 new text begin remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the land new text end 33.26 new text begin located within state park boundaries that is described in paragraph (c). new text end 33.27     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 33.28 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 33.29 new text begin and ensure accuracy. new text end 33.30     new text begin (c) The state land that may be exchanged is located in Mower County and is new text end 33.31 new text begin described as: that part of the Southeast Quarter of the Southwest Quarter of the Southeast new text end 33.32 new text begin Quarter of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota, new text end 33.33 new text begin described as follows: Beginning at a point on the south line of said Section 20 a distance new text end 33.34 new text begin of 1,039.50 feet (63 rods) East of the south quarter corner of said Section 20; thence North new text end 33.35 new text begin at right angles to said south line 462.00 feet (28 rods); thence West parallel to said south new text end 34.1 new text begin line 380.6 feet, more or less, to the west line of said Southeast Quarter of the Southwest new text end 34.2 new text begin Quarter of the Southeast Quarter; thence South along said west line 462 feet, more or less, new text end 34.3 new text begin to the south line of said Section 20; thence East along said south line 380.6 feet, more new text end 34.4 new text begin or less, to the point of beginning, containing 4.03 acres. new text end 34.5     new text begin (d) The exchange would resolve an unintentional trespass by the Department of new text end 34.6 new text begin Natural Resources of a horse trail that is primarily located within Lake Louise State Park new text end 34.7 new text begin and provide for increased access to the state park. new text end 34.8    Sec. 38. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 34.9 new text begin WATER; OTTER TAIL COUNTY. new text end 34.10     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 34.11 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 34.12 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 34.13 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 34.14     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 34.15 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 34.16     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 34.17     new text begin Section 19, Township 133, Range 42, River's Bend Reserve, Lot B. new text end 34.18     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 34.19 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 34.20    Sec. 39. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 34.21 new text begin WATER; OTTER TAIL COUNTY. new text end 34.22     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 34.23 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 34.24 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 34.25 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 34.26     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 34.27 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 34.28     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 34.29     new text begin Section 24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1. new text end 34.30     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 34.31 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 34.32    Sec. 40. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 34.33 new text begin WATER; OTTER TAIL COUNTY. new text end 35.1     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 35.2 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 35.3 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 35.4 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 35.5     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 35.6 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 35.7     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 35.8     new text begin Section 9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet new text end 35.9 new text begin of Sub Lot 7, except tract and except platted (1.19) acres. new text end 35.10     new text begin (d) The Department of Natural Resources has no objection to the sale of this land. new text end 35.11    Sec. 41. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 35.12 new text begin WATER; OTTER TAIL COUNTY. new text end 35.13     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 35.14 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 35.15 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 35.16 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 35.17     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 35.18 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 35.19     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 35.20     new text begin Section 10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A. new text end 35.21     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 35.22 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 35.23    Sec. 42. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 35.24 new text begin WATER; OTTER TAIL COUNTY. new text end 35.25     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 35.26 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 35.27 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 35.28     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 35.29 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 35.30     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 35.31     new text begin Section 31, Township 137, Range 39, Government Lot 5 (37.20 acres). new text end 35.32     new text begin (d) The county has determined that the county's land management interests would new text end 35.33 new text begin best be served if the lands were returned to private ownership. new text end 36.1    Sec. 43. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 36.2 new text begin WATER; OTTER TAIL COUNTY. new text end 36.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 36.4 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 36.5 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 36.6     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 36.7 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 36.8     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 36.9     new text begin Section 29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1. new text end 36.10     new text begin (d) The county has determined that the county's land management interests would new text end 36.11 new text begin best be served if the lands were returned to private ownership. new text end 36.12    Sec. 44. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 36.13 new text begin WATER; OTTER TAIL COUNTY. new text end 36.14     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 36.15 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 36.16 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 36.17 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 36.18     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 36.19 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 36.20     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 36.21     new text begin Quiet Waters Development Outlot A. new text end 36.22     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 36.23 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 36.24    Sec. 45. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 36.25 new text begin WATER; OTTER TAIL COUNTY. new text end 36.26     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 36.27 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 36.28 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 36.29 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 36.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 36.31 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 36.32     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 36.33     new text begin Section 9, Township 136, Range 38, part of Government Lot 4 North and East of new text end 36.34 new text begin highway (Book 307, Page 31). new text end 37.1     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 37.2 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 37.3    Sec. 46. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 37.4 new text begin WATER; OTTER TAIL COUNTY. new text end 37.5     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 37.6 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 37.7 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 37.8 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 37.9     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 37.10 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 37.11     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 37.12     new text begin Section 9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of new text end 37.13 new text begin Reserve A lying North of road (Book 307, Page 31). new text end 37.14     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 37.15 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 37.16    Sec. 47. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 37.17 new text begin WATER; OTTER TAIL COUNTY. new text end 37.18     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 37.19 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 37.20 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 37.21 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 37.22     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 37.23 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 37.24     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 37.25     new text begin Section 27, Township 135, Range 39, Government Lot 7 (9.50 acres). new text end 37.26     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 37.27 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 37.28    Sec. 48. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 37.29 new text begin WATER; OTTER TAIL COUNTY. new text end 37.30     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 37.31 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 37.32 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 37.33 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 38.1     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 38.2 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 38.3     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 38.4     new text begin Section 9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres). new text end 38.5     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 38.6 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 38.7    Sec. 49. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 38.8 new text begin WATER; OTTER TAIL COUNTY. new text end 38.9     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 38.10 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 38.11 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 38.12     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 38.13 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 38.14     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 38.15     new text begin 38609 County Highway 41, Section 9, Township 135, Range 41, part of Government new text end 38.16 new text begin Lot 2 beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly, 132 new text end 38.17 new text begin feet South from northeast corner Section 9; East 33 feet, southerly 314 feet, West 33 feet, new text end 38.18 new text begin northerly on lake East 110 feet to beginning. new text end 38.19    Sec. 50. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 38.20 new text begin WATER; OTTER TAIL COUNTY. new text end 38.21     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 38.22 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 38.23 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 38.24     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 38.25 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 38.26     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 38.27     new text begin Section 27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1. new text end 38.28    Sec. 51. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 38.29 new text begin WATER; OTTER TAIL COUNTY. new text end 38.30     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 38.31 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 38.32 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 38.33     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 38.34 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 39.1     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 39.2     new text begin Section 33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest new text end 39.3 new text begin Quarter (7.07 acres). new text end 39.4     new text begin (d) The county has determined that the county's land management interests would new text end 39.5 new text begin best be served if the lands were returned to private ownership. new text end 39.6    Sec. 52. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 39.7 new text begin WATER; OTTER TAIL COUNTY. new text end 39.8     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 39.9 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 39.10 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 39.11     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 39.12 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 39.13     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 39.14     new text begin Section 33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest new text end 39.15 new text begin Quarter (7.06 acres). new text end 39.16     new text begin (d) The county has determined that the county's land management interests would new text end 39.17 new text begin best be served if the lands were returned to private ownership. new text end 39.18    Sec. 53. new text begin CONVEYANCE OF SURPLUS STATE LAND; RICE COUNTY. new text end 39.19     new text begin (a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the new text end 39.20 new text begin commissioner of administration may convey to Rice County for no consideration the new text end 39.21 new text begin surplus land that is described in paragraph (c). new text end 39.22     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 39.23 new text begin that the land revert to the state if Rice County stops using the land for the public purpose new text end 39.24 new text begin described in paragraph (d). The attorney general may make changes to the land description new text end 39.25 new text begin to correct errors and ensure accuracy. new text end 39.26     new text begin (c) The land to be sold is located in Rice County and is described as: new text end 39.27     new text begin (1) that part of Section 5, Township 109 North, Range 20 West, Rice County, new text end 39.28 new text begin Minnesota, described as follows: new text end 39.29 new text begin Commencing at the northwest corner of the Northwest Quarter of said Section 5; new text end 39.30 new text begin thence southerly on a Minnesota State Plane Grid Azimuth from North of 180 new text end 39.31 new text begin degrees 23 minutes 50 seconds along the west line of said Northwest Quarter 348.30 new text end 39.32 new text begin feet to the point of beginning of the parcel to be described; thence easterly on an new text end 39.33 new text begin azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet; thence southerly on an new text end 39.34 new text begin azimuth of 183 degrees 10 minutes 40 seconds 144.38 feet; thence southeasterly on new text end 39.35 new text begin an azimuth of 148 degrees 00 minutes 00 seconds 110.00 feet; thence northeasterly new text end 40.1 new text begin on an azimuth of 58 degrees 00 minutes 00 seconds 119.90 feet; thence southeasterly new text end 40.2 new text begin on an azimuth of 148 degrees 00 minutes 00 seconds 133.00 feet; thence new text end 40.3 new text begin southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 199.38 feet; new text end 40.4 new text begin thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 180.72 feet; new text end 40.5 new text begin thence northerly on an azimuth of 358 degrees 00 minutes 00 seconds 55.36 feet; new text end 40.6 new text begin thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 152.18 feet; new text end 40.7 new text begin thence northerly on an azimuth of 00 degrees 23 minutes 50 seconds 364.80 feet new text end 40.8 new text begin to the point of beginning; and new text end 40.9     new text begin (2) that part of Section 5, Township 109 North, Range 20 West, Rice County, new text end 40.10 new text begin Minnesota, described as follows: new text end 40.11 new text begin Commencing at the northwest corner of the Northwest Quarter of said Section 5; new text end 40.12 new text begin thence southerly on a Minnesota State Plane Grid Azimuth from North of 180 new text end 40.13 new text begin degrees 23 minutes 50 seconds along the west line of said Northwest Quarter 348.30 new text end 40.14 new text begin feet; thence easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 new text end 40.15 new text begin feet to the point of beginning of the parcel to be described; thence continuing new text end 40.16 new text begin easterly on an azimuth of 93 degrees 18 minutes 54 seconds 45.00 feet; thence new text end 40.17 new text begin southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 202.00 feet; new text end 40.18 new text begin thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 119.90 new text end 40.19 new text begin feet; thence northwesterly on an azimuth of 328 degrees 00 minutes 00 seconds new text end 40.20 new text begin 110.00 feet; thence northerly on an azimuth of 3 degrees 10 minutes 40 seconds new text end 40.21 new text begin 144.38 feet to the point of beginning. new text end 40.22     new text begin (d) The commissioner has determined that the land is no longer needed for any state new text end 40.23 new text begin purpose and that the state's land management interests would best be served if the land new text end 40.24 new text begin was conveyed to and used by Rice County for a jail. new text end 40.25    Sec. 54. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; new text end 40.26 new text begin ROSEAU COUNTY. new text end 40.27     new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota new text end 40.28 new text begin Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private new text end 40.29 new text begin sale the consolidated conservation land that is described in paragraph (c). new text end 40.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 40.31 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 40.32 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 40.33 new text begin survey costs and the appraised value of the land and timber. Proceeds shall be disposed of new text end 40.34 new text begin according to Minnesota Statutes, chapter 84A. new text end 41.1     new text begin (c) The land that may be sold is located in Roseau County and is described as: the new text end 41.2 new text begin North 75 feet of the East 290.4 feet of the West 489.85 feet of the East 1,321.15 feet new text end 41.3 new text begin of the Northeast Quarter, Section 35, Township 160 North, Range 38 West, containing new text end 41.4 new text begin 0.5 acres, more or less. new text end 41.5     new text begin (d) The land would be sold to the current leaseholder who through an inadvertent new text end 41.6 new text begin trespass located a cabin, septic system, and personal property on the state land. The new text end 41.7 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 41.8 new text begin resource purposes. new text end 41.9    Sec. 55. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY. new text end 41.10     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 41.11 new text begin of natural resources may sell by private sale to St. Louis County the surplus land that is new text end 41.12 new text begin described in paragraph (c). new text end 41.13     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 41.14 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 41.15 new text begin ensure accuracy. The commissioner may sell to St. Louis County for less than the value of new text end 41.16 new text begin the land as determined by the commissioner, but the conveyance must provide that the new text end 41.17 new text begin land described in paragraph (c) be used for the public and reverts to the state if St. Louis new text end 41.18 new text begin County fails to provide for public use or abandons the public use of the land. new text end 41.19     new text begin (c) The land that may be sold is located in St. Louis County and is described as: an new text end 41.20 new text begin undivided 1/12 interest in Government Lot 6, Section 6, Township 62 North, Range 13 new text end 41.21 new text begin West, containing 35.75 acres, more or less. new text end 41.22     new text begin (d) The land was gifted to the state. The remaining 11/12 undivided interest in new text end 41.23 new text begin the land is owned by the state in trust for the taxing districts and administered by St. new text end 41.24 new text begin Louis County. The Department of Natural Resources has determined that the state's land new text end 41.25 new text begin management interests would best be served if the land was conveyed to St. Louis County. new text end 41.26    Sec. 56. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 41.27 new text begin WATER; ST. LOUIS COUNTY. new text end 41.28     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 41.29 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may new text end 41.30 new text begin sell or convey to the state acting by and through its commissioner of natural resources, new text end 41.31 new text begin the tax-forfeited land bordering public water that is described in paragraph (c), under the new text end 41.32 new text begin provisions of Minnesota Statutes, section 282.01, subdivision 1a. new text end 41.33     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 41.34 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 41.35 new text begin and ensure accuracy. new text end 42.1     new text begin (c) The land that may be sold is located in St. Louis County and is described as: Lot new text end 42.2 new text begin 7, Klimek's Addition to Grand Lake, according to the plat thereof on file and of record new text end 42.3 new text begin in the Office of the County Recorder, St. Louis County. new text end 42.4     new text begin (d) The county has determined that the land is not needed for county management new text end 42.5 new text begin purposes and the Department of Natural Resources would like to acquire the land for use new text end 42.6 new text begin as a public water access site to Little Grand Lake. new text end 42.7    Sec. 57. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 42.8 new text begin WATER; ST. LOUIS COUNTY. new text end 42.9     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 42.10 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County new text end 42.11 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 42.12 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 42.13     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 42.14 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 42.15 new text begin accuracy. Prior to the sales, the commissioner of revenue shall grant permanent new text end 42.16 new text begin conservation easements according to Minnesota Statutes, section 282.37, to provide new text end 42.17 new text begin riparian protection and public access to shore fishing. The easements for land described in new text end 42.18 new text begin paragraph (c), clauses (1) to (3), shall be 450 feet in width from the centerline of the river. new text end 42.19 new text begin The easements for land described in paragraph (c), clauses (4) and (5), shall be 300 feet in new text end 42.20 new text begin width from the centerline of the river. The easements must be approved by the St. Louis new text end 42.21 new text begin County Board and the commissioner of natural resources. new text end 42.22     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 42.23     new text begin (1) Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35 new text end 42.24 new text begin acres) (535-0010-00210); new text end 42.25     new text begin (2) Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1 new text end 42.26 new text begin acres) (535-0010-00300); new text end 42.27     new text begin (3) Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres) new text end 42.28 new text begin (535-0010-01910); new text end 42.29     new text begin (4) Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres) new text end 42.30 new text begin (310-0010-05650); and new text end 42.31     new text begin (5) Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres) new text end 42.32 new text begin (110-0040-00160). new text end 42.33     new text begin (d) The county has determined that the county's land management interests would new text end 42.34 new text begin best be served if the lands were returned to private ownership. new text end 43.1    Sec. 58. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 43.2 new text begin WATER; ST. LOUIS COUNTY. new text end 43.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 43.4 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 43.5 new text begin in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 43.6     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 43.7 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 43.8     new text begin (c) Prior to the sales of the land described in paragraph (d), clauses (1), (2), and new text end 43.9 new text begin (10) to (12), the commissioner of revenue shall grant permanent conservation easements new text end 43.10 new text begin according to Minnesota Statutes, section 282.37, to provide riparian protection and public new text end 43.11 new text begin access for angling. The easements must be approved by the St. Louis County Board and new text end 43.12 new text begin the commissioner of natural resources. The easements shall be for lands described in new text end 43.13 new text begin paragraph (d): new text end 43.14     new text begin (1) clause (1), 75 feet in width on each side of the centerline of the creek; new text end 43.15     new text begin (2) clause (2), 200 feet in width on each side of the centerline of the river; new text end 43.16     new text begin (3) clause (10), 100 feet in width on each side of the centerline of the river; and new text end 43.17     new text begin (4) clauses (11) and (12), 50 feet in width on each side of the centerline of the stream. new text end 43.18     new text begin (d) The land to be sold is located in St. Louis County and is described as: new text end 43.19     new text begin (1) N 1/2 of NW 1/4 of NE 1/4 of SE 1/4, Section 22, T51N, R14W (5 acres) new text end 43.20 new text begin (520-0016-00590); new text end 43.21     new text begin (2) SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510); new text end 43.22     new text begin (3) undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12, new text end 43.23 new text begin T53N, R14W (375-0120-00091, 375-0120-00094); new text end 43.24     new text begin (4) SLY 200 FT OF NLY 1,220 FT OF LOT 4, Section 20, T54N, R18W (9.5 acres) new text end 43.25 new text begin (405-0010-03394); new text end 43.26     new text begin (5) PART OF SW 1/4 OF SE 1/4 LYING N OF SLY 433 FT, Section 36, T57N, new text end 43.27 new text begin R21W (25 acres) (141-0050-07345); new text end 43.28     new text begin (6) PART OF SE 1/4 OF SW 1/4 LYING W OF DW & P RY AND N OF PLAT OF new text end 43.29 new text begin HALEY, Section 23, T63N, R19W (11 acres) (350-0020-03730); new text end 43.30     new text begin (7) SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610); new text end 43.31     new text begin (8) NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110); new text end 43.32     new text begin (9) LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230); new text end 43.33     new text begin (10) SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570); new text end 43.34     new text begin (11) LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT new text end 43.35 new text begin ADDITION TO DULUTH, Section 33, T51N, R14W (520-0090-00150, -00160, -00180); new text end 43.36 new text begin and new text end 44.1     new text begin (12) BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section new text end 44.2 new text begin 13, T62N, R14W. new text end 44.3     new text begin (e) The county has determined that the county's land management interests would new text end 44.4 new text begin best be served if the lands were returned to private ownership. new text end 44.5    Sec. 59. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 44.6     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 44.7 new text begin or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited new text end 44.8 new text begin land described in paragraph (c). new text end 44.9     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 44.10 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 44.11     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 44.12     new text begin Lots 20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W new text end 44.13 new text begin (1.1 acres) (385-0070-00200). new text end 44.14     new text begin (d) This sale resolves an unintentional trespass. The county has determined that the new text end 44.15 new text begin county's land management interests would best be served if the lands were returned to new text end 44.16 new text begin private ownership. new text end 44.17    Sec. 60. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 44.18 new text begin WATER; ST. LOUIS COUNTY. new text end 44.19     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 44.20 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County new text end 44.21 new text begin may convey to the state for no consideration the tax-forfeited land bordering public water new text end 44.22 new text begin that is described in paragraph (c). new text end 44.23     new text begin (b) The conveyance must be according to Minnesota Statutes, section 282.01, new text end 44.24 new text begin subdivision 2, and in a form approved by the attorney general. The attorney general may new text end 44.25 new text begin make changes to the land description to correct errors and ensure accuracy. new text end 44.26     new text begin (c) The land to be conveyed is located in St. Louis County and is described as: new text end 44.27     new text begin (1) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that new text end 44.28 new text begin part of Government Lot 2 lying southeasterly of the southeasterly right-of-way of the St. new text end 44.29 new text begin Paul and Duluth and Northern Pacific Railway including riparian rights. new text end 44.30     new text begin EXCEPT: that part of Government Lot 2 beginning at the intersection of the south new text end 44.31 new text begin line of Lot 2 and the southeasterly right-of-way of the St. Paul and Duluth and Northern new text end 44.32 new text begin Pacific Railway; thence easterly along the south line of said Lot 2 a distance of 150 new text end 44.33 new text begin feet to a point; thence deflect to the left and continue in a straight line to a point on the new text end 44.34 new text begin southeasterly line of said railway right-of-way said point distant 150 feet northeast of new text end 44.35 new text begin the point of beginning; thence deflect to the left and continue southwesterly along the new text end 45.1 new text begin southeasterly line of said railway right-of-way a distance of 150 feet to point of beginning new text end 45.2 new text begin and there terminating. new text end 45.3     new text begin EXCEPT FURTHER: that part of Government Lot 2 commencing at the point of new text end 45.4 new text begin intersection of the south line of Lot 2 and the southeasterly right-of-way of the St. Paul new text end 45.5 new text begin and Duluth and Northern Pacific Railway; thence northeasterly along the southeasterly new text end 45.6 new text begin line of said railway right-of-way a distance of 1,064 feet to point of beginning; thence new text end 45.7 new text begin deflect 44 degrees, 12 minutes, 27 seconds to the right a distance of 105.44 feet to a new text end 45.8 new text begin point; thence deflect 85 degrees, 16 minutes, 07 seconds to the left a distance of 111.92 new text end 45.9 new text begin feet more or less to a point on the southeasterly line of said railway right-of-way; thence new text end 45.10 new text begin deflect to the left and continue northwesterly along the southeasterly line of said railway new text end 45.11 new text begin right-of-way a distance of 160 feet more or less to point of beginning and there terminating new text end 45.12 new text begin (010-2746-00290); and new text end 45.13     new text begin (2) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that new text end 45.14 new text begin part of Government Lot 1, including riparian rights, lying southerly of the Northern Pacific new text end 45.15 new text begin Short Line right-of-way except 5 18/100 acres for Northern Pacific Main Line and except new text end 45.16 new text begin a strip of land 75 feet wide and adjoining the Northern Pacific Main Line right-of-way and new text end 45.17 new text begin formerly used as right-of-way by Duluth Transfer Railway 2 67/100 acres, also except that new text end 45.18 new text begin part lying North of Grand Avenue 72/100 acres and except a strip of land adjacent to the new text end 45.19 new text begin Old Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40, new text end 45.20 new text begin Recorder of Deeds, Book 686, Page 440. new text end 45.21     new text begin EXCEPT: that part of Government Lot 1 lying southerly of the Northern Pacific new text end 45.22 new text begin Short Line right-of-way and northerly of the Old Transfer Railway right-of-way. new text end 45.23     new text begin EXCEPT FURTHER: that part of Government Lot 1 lying southerly of the Northern new text end 45.24 new text begin Pacific Main Line right-of-way and lying northerly of a line parallel to and lying 305 feet new text end 45.25 new text begin southerly of the north line of said Government Lot 1 (010-2746-00245). new text end 45.26    Sec. 61. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 45.27     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 45.28 new text begin St. Louis County may sell by private sale the tax-forfeited land that is described in new text end 45.29 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 45.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 45.31 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 45.32     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 45.33     new text begin (1) that part of the South 200 feet of the West 900 feet of Government Lot 4 lying new text end 45.34 new text begin east of State Highway 73, and that part of the North 300 feet of the West 900 feet of new text end 46.1 new text begin Government Lot 5 lying east of State Highway 73, all in Section 6, Township 52 North, new text end 46.2 new text begin Range 20 West; new text end 46.3     new text begin (2) that part of the Southeast Quarter of the Northeast Quarter lying north of County new text end 46.4 new text begin Road 115 in Section 15, Township 62 North, Range 17 West; and new text end 46.5     new text begin (3) that part of the Southwest Quarter of the Northeast Quarter of Section 26, new text end 46.6 new text begin Township 63 North, Range 12 West, lying west of the west right-of-way boundary of new text end 46.7 new text begin County Highway 88; EXCEPTING therefrom the following described tract of land: That new text end 46.8 new text begin part of the Southwest Quarter of the Northeast Quarter of Section 26, Township 63 North, new text end 46.9 new text begin Range 12 West, described as follows: Begin at a point located at the intersection of the new text end 46.10 new text begin north and south quarter line of said section and the north boundary line of the right-of-way new text end 46.11 new text begin of County Highway 88, said point being 494.44 feet North of the center of said section; new text end 46.12 new text begin thence North on said north and south quarter line a distance of 216.23 feet; thence at an new text end 46.13 new text begin angle of 90 degrees 0 minutes to the right a distance of 253.073 feet; thence at an angle new text end 46.14 new text begin of 90 degrees 0 minutes to the right a distance of 472.266 feet to a point on the north new text end 46.15 new text begin boundary line of the right-of-way of said County Highway 88; thence in a northwesterly new text end 46.16 new text begin direction along the north boundary line of the right-of-way of said County Highway 88, a new text end 46.17 new text begin distance of 360 feet to the point of beginning. new text end 46.18     new text begin (d) The sales authorized under this section are needed for public utility substations. new text end 46.19    Sec. 62. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 46.20 new text begin WATER; ST. LOUIS COUNTY. new text end 46.21     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 46.22 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 46.23 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 46.24     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 46.25 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 46.26 new text begin accuracy. The conveyance must include a deed restriction that prohibits excavating, new text end 46.27 new text begin filling, dumping, tree cutting, burning, structures, and buildings within an area that is 75 new text end 46.28 new text begin feet in width along the shoreline. A 15-foot strip for landowner lake access is allowed. new text end 46.29     new text begin (c) The land to be sold is located in St. Louis County and is described as: E 1/2 of W new text end 46.30 new text begin 1/2 of E 1/2 of SW 1/4 of NW 1/4, Section 27, T57N, R17W (5 acres). new text end 46.31     new text begin (d) The county has determined that the county's land management interests would new text end 46.32 new text begin best be served if the lands were returned to private ownership. new text end 46.33    Sec. 63. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 46.34 new text begin WATER; ST. LOUIS COUNTY. new text end 47.1     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 47.2 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 47.3 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 47.4     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 47.5 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 47.6 new text begin accuracy. The conveyance must include a deed restriction on buildings, structures, tree new text end 47.7 new text begin cutting, removal of vegetation, and shoreland alterations within an area that is 75 feet in new text end 47.8 new text begin width along the river. A 15-foot strip for landowner river access is allowed. new text end 47.9     new text begin (c) The land to be sold is located in St. Louis County and is described as: that new text end 47.10 new text begin part of Lot 8 beginning at a point 200 feet East of the center of Section 5; thence South new text end 47.11 new text begin 300 feet; thence East 300 feet; thence North 263 feet to shoreline of Ash River; thence new text end 47.12 new text begin northwesterly along the river 325 feet; thence southerly to point of beginning, Section 5, new text end 47.13 new text begin T68N, R19W (2 acres) (731-0010-00845). new text end 47.14     new text begin (d) The county has determined that the county's land management interests would new text end 47.15 new text begin best be served if the lands were returned to private ownership. new text end 47.16    Sec. 64. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 47.17 new text begin WATER; ST. LOUIS COUNTY. new text end 47.18     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 47.19 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 47.20 new text begin in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 47.21     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 47.22 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 47.23     new text begin (c) Prior to the sales of the land described in paragraph (d), clauses (1) to (4), the new text end 47.24 new text begin commissioner of revenue shall grant permanent conservation easements according to new text end 47.25 new text begin Minnesota Statutes, section 282.37. The easements must be approved by the St. Louis new text end 47.26 new text begin County Board and the commissioner of natural resources. The easements shall be for new text end 47.27 new text begin lands described in paragraph (d): new text end 47.28     new text begin (1) clause (1), 100 feet in width on each side of the centerline of the river. A 15-foot new text end 47.29 new text begin strip for landowner river access is allowed; new text end 47.30     new text begin (2) clause (2), 125 feet in width on each side of the centerline of the river. A 15-foot new text end 47.31 new text begin strip for landowner river access is allowed; new text end 47.32     new text begin (3) clause (3), 100 feet in width on each side of the centerline of the tributary; and new text end 47.33     new text begin (4) clause (4), for access purposes. new text end 47.34     new text begin (d) The land to be sold is located in St. Louis County and is described as: new text end 47.35     new text begin (1) SW 1/4 of SW 1/4 except W 1/2, Section 14, T62N, R18W (20 acres); new text end 48.1     new text begin (2) S 1/2 of SW 1/4 of SW 1/4, Section 16, T62N, R18W (20 acres); new text end 48.2     new text begin (3) SW 1/4 of SE 1/4 except 5 acres at NW corner and except S 1/2 and except E 1/2 new text end 48.3 new text begin of NE 1/4, Section 10, T52N, R12W (10 acres); new text end 48.4     new text begin (4) NW 1/4 of SE 1/4 except that part of the NE 1/4 lying N of the East Van Road new text end 48.5 new text begin and except S 1/2 of N 1/2 of S 1/2 and except S 1/2 of S 1/2, Section 5, T52N, R14W new text end 48.6 new text begin (18.3 acres); new text end 48.7     new text begin (5) westerly 416 feet of SW 1/4 of SW 1/4 except westerly 208 feet of southerly 624 new text end 48.8 new text begin feet, Section 21, T56N, R18W (9.63 acres); new text end 48.9     new text begin (6) Lot 3, Section 1, T55N, R21W (46.18 acres); new text end 48.10     new text begin (7) SW 1/4 of NE 1/4, Section 18, T52N, R15W (40 acres); and new text end 48.11     new text begin (8) Lots 23, 73, 95, 118, 119 of NE-NA MIK-KA-TA plat, town of Breitung, located new text end 48.12 new text begin in Government Lots 1 and 12 of Section 6, T62N, R15W. new text end 48.13     new text begin (e) The county has determined that the county's land management interests would new text end 48.14 new text begin best be served if the lands were returned to private ownership. new text end 48.15    Sec. 65. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 48.16     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 48.17 new text begin St. Louis County may sell by private sale the tax-forfeited land that is described in new text end 48.18 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 48.19     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 48.20 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 48.21     new text begin (c) The land to be sold is located in St. Louis County and is described as: Southeast new text end 48.22 new text begin Quarter of Southwest Quarter, Section 24, Township 65 North, Range 20 West. new text end 48.23     new text begin (d) The county has determined that the county's land management interests would be new text end 48.24 new text begin best served if the lands were returned to private ownership. new text end 48.25    Sec. 66. new text begin PRIVATE SALE OF WILDLIFE MANAGEMENT AREA LAND; new text end 48.26 new text begin WABASHA COUNTY. new text end 48.27     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09, 94.10, and 97A.135, new text end 48.28 new text begin subdivision 2a, the commissioner of natural resources shall sell by private sale the wildlife new text end 48.29 new text begin management area land described in paragraph (c). new text end 48.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 48.31 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 48.32 new text begin ensure accuracy. The commissioner may sell the land to Mazeppa Township for less than new text end 48.33 new text begin the value of the land as determined by the commissioner. new text end 48.34     new text begin (c) The land that may be sold is located in Wabasha County and is described as new text end 48.35 new text begin follows: all of the following described tract: the southerly 300 feet of the westerly 350 new text end 49.1 new text begin feet of the Northwest Quarter of the Northwest Quarter of Section 10, Township 109 new text end 49.2 new text begin North, Range 14 West; together with the southerly 300 feet of the easterly 150 feet of the new text end 49.3 new text begin Northeast Quarter of the Northeast Quarter of Section 9, Township 109 North, Range 14 new text end 49.4 new text begin West; excepting therefrom the right-of-way of existing highway; containing 3.23 acres new text end 49.5 new text begin more or less. new text end 49.6     new text begin (d) The land is located in Mazeppa Township and is not contiguous to other new text end 49.7 new text begin state lands. The Department of Natural Resources has determined that the state's land new text end 49.8 new text begin management interests would best be served if the lands were conveyed to a local unit new text end 49.9 new text begin of government. new text end 49.10    Sec. 67. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 49.11 new text begin WATER; WADENA COUNTY. new text end 49.12     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 49.13 new text begin resources may sell by public sale the surplus lands bordering public water that are new text end 49.14 new text begin described in paragraph (c). new text end 49.15     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 49.16 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 49.17 new text begin and ensure accuracy. new text end 49.18     new text begin (c) The lands that may be sold are located in Wadena County and are described as: new text end 49.19     new text begin (1) Government Lot 3, Section 28, Township 135 North, Range 33 West, containing new text end 49.20 new text begin 0.01 acres, more or less; new text end 49.21     new text begin (2) Government Lot 2, Section 34, Township 135 North, Range 33 West, containing new text end 49.22 new text begin 1.5 acres, more or less; and new text end 49.23     new text begin (3) Government Lot 7, Section 30, Township 135 North, Range 35 West, containing new text end 49.24 new text begin 0.01 acres, more or less. new text end 49.25     new text begin (d) The lands border the Leaf River and are not contiguous to other state lands. new text end 49.26 new text begin The Department of Natural Resources has determined that the lands are not needed for new text end 49.27 new text begin natural resource purposes. new text end 49.28    Sec. 68. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 49.29 new text begin WATER; WASHINGTON COUNTY. new text end 49.30     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 49.31 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Washington County new text end 49.32 new text begin may convey to the Comfort Lake-Forest Lake Watershed District for no consideration the new text end 49.33 new text begin tax-forfeited land bordering public water that is described in paragraph (c). new text end 49.34     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 49.35 new text begin that the land reverts to the state if the Comfort Lake-Forest Lake Watershed District stops new text end 50.1 new text begin using the land for the public purpose described in paragraph (d). The attorney general may new text end 50.2 new text begin make changes to the land description to correct errors and ensure accuracy. new text end 50.3     new text begin (c) The land to be conveyed is located in Washington County and is described as: new text end 50.4     new text begin (1) Parcel A (PIN 05.032.21.12.0001): all that part of the Northwest Quarter of the new text end 50.5 new text begin Northeast Quarter, Section 5, Township 32, Range 21, Washington County, Minnesota, new text end 50.6 new text begin that lies East of Minnesota Highway 61 as relocated and South of Judicial Ditch No. new text end 50.7 new text begin 1, except the following described tracts: new text end 50.8     new text begin Beginning at a point where the easterly right-of-way of Minnesota Highway 61 new text end 50.9 new text begin intersects the south line of the Northwest Quarter of the Northeast Quarter, Section 5, new text end 50.10 new text begin Township 32, Range 21, Washington County, Minnesota; thence East along said south new text end 50.11 new text begin line of the Northwest Quarter of the Northeast Quarter of Section 5 for 194.1 feet; thence new text end 50.12 new text begin North at right angles 435.3 feet; thence South 75 degrees 56 minutes West for 294.4 feet new text end 50.13 new text begin to said easterly right-of-way of Minnesota Highway 61; thence South 14 degrees 04 new text end 50.14 new text begin minutes East along said easterly right-of-way of Minnesota Highway 61 for 375.0 feet to new text end 50.15 new text begin the point of the beginning; and new text end 50.16     new text begin That part of the Northwest Quarter of the Northeast Quarter, Section 5, Township new text end 50.17 new text begin 32 North, Range 21 West, Washington County, Minnesota, described as follows: new text end 50.18 new text begin commencing at the north quarter corner of Section 5; thence East along the north line of new text end 50.19 new text begin Section 5, a distance of 538.8 feet to the easterly right-of-way line of Trunk Highway 61; new text end 50.20 new text begin thence southeasterly deflection to the right 76 degrees 00 minutes 20 seconds, along new text end 50.21 new text begin said highway right-of-way line, 500.4 feet to the point of beginning; thence continuing new text end 50.22 new text begin southeasterly along said highway right-of-way line 293.7 feet to the northwest corner of new text end 50.23 new text begin the Philip F. and Maree la J. Turcott property, as described in Book 261 of Deeds on Page new text end 50.24 new text begin 69; thence northeasterly at right angles along the northerly line of said Turcott property in new text end 50.25 new text begin its northeasterly projection thereof, 318.4 feet, more or less, to the centerline of Sunrise new text end 50.26 new text begin River; thence northwesterly along said Sunrise River centerline, 358 feet, more or less, to new text end 50.27 new text begin the point of intersection with a line drawn northeasterly from the point of beginning and new text end 50.28 new text begin perpendicular to the easterly right-of-way line of Trunk Highway 61; thence southwesterly new text end 50.29 new text begin along said line, 154.3 feet, more or less, to the point of beginning; and new text end 50.30     new text begin (2) Parcel B (PIN 05.032.21.12.0004): that part of the Northwest Quarter of the new text end 50.31 new text begin Northeast Quarter, Section 5, Township 32, Range 21, lying easterly of Highway 61 new text end 50.32 new text begin and North of Judicial Ditch No. 1. new text end 50.33     new text begin (d) The county has determined that the land is needed by the watershed district for new text end 50.34 new text begin purposes of Minnesota Statutes, chapter 103D. new text end 51.1    Sec. 69. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 51.2 new text begin WATER; WASHINGTON COUNTY. new text end 51.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 51.4 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, or other law to new text end 51.5 new text begin the contrary, Washington County may sell by private sale the tax-forfeited land that is new text end 51.6 new text begin bordering public water and described in paragraph (c). new text end 51.7     new text begin (b) The conveyance must be in a form approved by the attorney general and must new text end 51.8 new text begin provide that the county or watershed district retains an easement for drainage purposes. new text end 51.9 new text begin The attorney general may make changes to the land description to correct errors and new text end 51.10 new text begin ensure accuracy. new text end 51.11     new text begin (c) The land to be sold is located in Washington County and is described as: new text end 51.12     new text begin All that part of the Southwest Quarter of the Southeast Quarter of Section 17, new text end 51.13 new text begin Township 30 North, Range 21 West, Washington County, Minnesota, that lies south of new text end 51.14 new text begin the following described parcel: new text end 51.15 new text begin Commencing at the northeast corner of the Southwest Quarter of the Southeast new text end 51.16 new text begin Quarter of Section 17; thence South, assumed bearing, along the east line of said new text end 51.17 new text begin Southwest Quarter of the Southeast Quarter, 393 feet to the point of beginning; new text end 51.18 new text begin thence North 88 degrees 30 minutes West, on a line parallel with the north line of new text end 51.19 new text begin said Southwest Quarter of the Southeast Quarter, 915.7 feet, more or less, to an iron new text end 51.20 new text begin pipe; thence North 79 degrees 29 minutes West 395.5 feet, more or less, to a point on new text end 51.21 new text begin the centerline of the county road; thence southerly along said centerline, 323.4 feet, new text end 51.22 new text begin more or less, to a point; thence South 76 degrees 00 minutes East 251.9 feet, more or new text end 51.23 new text begin less, to an iron pipe; thence South 88 degrees 30 minutes East 1083 feet, more or new text end 51.24 new text begin less, to a point on the east line of said Southwest Quarter of the Southeast Quarter; new text end 51.25 new text begin thence North, along said east line, 312 feet, more or less, to the point of beginning. new text end 51.26     new text begin And, lies east of the plat of Laurelside which is on file and of record in the Office of new text end 51.27 new text begin the Washington County Recorder. new text end 51.28     new text begin And, lies northerly of the following described parcel: new text end 51.29 new text begin All that part of said Southwest Quarter of the Southeast Quarter of said Section 17, new text end 51.30 new text begin and all that part of the Northwest Quarter of the Northeast Quarter of Section 20, new text end 51.31 new text begin Township 30 North, Range 21 West; which is also part of vacated Block 146 and new text end 51.32 new text begin adjacent Linden Street (now vacated) of the plat of Wildwood which is on file and new text end 51.33 new text begin of record in the Office of the Washington County Recorder; and more specifically new text end 51.34 new text begin described as follows: new text end 51.35 new text begin Commencing at the most westerly corner of Block 147, Wildwood; thence on new text end 51.36 new text begin the northwesterly extension of the southwesterly line of Block 147, a distance of new text end 52.1 new text begin 60 feet to a point on the southeasterly side of said Block 146, which is also the new text end 52.2 new text begin northwesterly line of Bryant Avenue; thence northeasterly along said southeasterly new text end 52.3 new text begin side of Block 146, a distance of 92 feet to the point of beginning of the parcel to be new text end 52.4 new text begin described; thence continuing northeasterly, along said southeasterly side of Block new text end 52.5 new text begin 146, a distance of 231 feet, more or less, to a contour line being at elevation 947 feet new text end 52.6 new text begin above mean sea level; thence in a northwesterly direction along said contour line new text end 52.7 new text begin for 200 feet, more or less, to its intersection with a line that is parallel with and 177 new text end 52.8 new text begin feet from said southeasterly side of Block 146 as measured at right angles; thence new text end 52.9 new text begin southwesterly along said parallel line, 297 feet, more or less, to a point drawn at new text end 52.10 new text begin right angles from the point of beginning; thence on a deflection angle of 90 degrees new text end 52.11 new text begin to the left, 177 feet to the point of beginning. new text end 52.12     new text begin (d) The county has determined that the county's land management interests would new text end 52.13 new text begin best be served if the lands were returned to private ownership. new text end 52.14    Sec. 70. new text begin EASEMENT ON TAX-FORFEITED LAND; ITASCA COUNTY. new text end 52.15     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 52.16 new text begin Itasca County may grant a 40-year easement of tax-forfeited land to the Itasca County new text end 52.17 new text begin Regional Rail Authority for a rail line right-of-way. The easement may be canceled only new text end 52.18 new text begin by resolution of the county board after reasonable notice for any substantial breach of the new text end 52.19 new text begin terms of the easement. The land subject to the easement may not be sold or otherwise new text end 52.20 new text begin conveyed by the county board during the period of the easement. new text end 52.21    Sec. 71. new text begin REPORT. new text end 52.22     new text begin By January 15, 2009, the Department of Natural Resources, in cooperation with new text end 52.23 new text begin the attorney general, stakeholders, and a representative from the Voyageurs National new text end 52.24 new text begin Park, shall report to the house of representatives and senate committees with jurisdiction new text end 52.25 new text begin over environment and natural resources budget and policy on any state and federal new text end 52.26 new text begin contractual agreements and the legal relationship between the state and federal authorities new text end 52.27 new text begin relating to the navigable waters under the state's jurisdiction as described in Minnesota new text end 52.28 new text begin Statutes, section 84B.061, within Voyageurs National Park. The department shall new text end 52.29 new text begin make recommendations, including any draft legislation, on how to appropriately share new text end 52.30 new text begin enforcement duties between state and federal officials. new text end 52.31    Sec. 72. new text begin REPEALER. new text end 52.32 new text begin Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; and 16B.285, new text end new text begin new text end 52.33 new text begin are repealed. new text end 53.1    Sec. 73. new text begin EFFECTIVE DATE. new text end 53.2     new text begin This article is effective the day following final enactment. new text end 53.3ARTICLE 2 53.4GAME AND FISH 53.5    Section 1. Minnesota Statutes 2007 Supplement, section 10A.01, subdivision 35, 53.6is amended to read: 53.7    Subd. 35. Public official. "Public official" means any: 53.8    (1) member of the legislature; 53.9    (2) individual employed by the legislature as secretary of the senate, legislative 53.10auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 53.11attorney in the Office of Senate Counsel and Research or House Research; 53.12    (3) constitutional officer in the executive branch and the officer's chief administrative 53.13deputy; 53.14    (4) solicitor general or deputy, assistant, or special assistant attorney general; 53.15    (5) commissioner, deputy commissioner, or assistant commissioner of any state 53.16department or agency as listed in section 15.01 or 15.06, or the state chief information 53.17officer; 53.18    (6) member, chief administrative officer, or deputy chief administrative officer of a 53.19state board or commission that has either the power to adopt, amend, or repeal rules under 53.20chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 53.21    (7) individual employed in the executive branch who is authorized to adopt, amend, 53.22or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 53.23    (8) executive director of the State Board of Investment; 53.24    (9) deputy of any official listed in clauses (7) and (8); 53.25    (10) judge of the Workers' Compensation Court of Appeals; 53.26    (11) administrative law judge or compensation judge in the State Office of 53.27Administrative Hearings or referee in the Department of Employment and Economic 53.28Development; 53.29    (12) member, regional administrator, division director, general counsel, or operations 53.30manager of the Metropolitan Council; 53.31    (13) member or chief administrator of a metropolitan agency; 53.32    (14) director of the Division of Alcohol and Gambling Enforcement in the 53.33Department of Public Safety; 53.34    (15) member or executive director of the Higher Education Facilities Authority; 53.35    (16) member of the board of directors or president of Minnesota Technology, Inc.; 54.1    (17) member of the board of directors or executive director of the Minnesota State 54.2High School League; 54.3    (18) member of the Minnesota Ballpark Authority established in section 473.755; 54.4    (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources; 54.5    (20) manager of a watershed district, or member of a watershed management 54.6organization as defined under section 103B.205, subdivision 13; or 54.7    (21) supervisor of a soil and water conservation district new text begin ; or new text end 54.8     new text begin (22) citizen member of the Lessard Outdoor Heritage Council established in section new text end 54.9 new text begin 97A.056 new text end . 54.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective November 15, 2008, if the new text end 54.11 new text begin constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters. new text end 54.12    Sec. 2. Minnesota Statutes 2006, section 17.4981, is amended to read: 54.1317.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC 54.14FARMS. 54.15     new text begin (a) new text end Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life 54.16is not wildlife. Aquatic farms must be licensed and given classifications to prevent or 54.17minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to: 54.18    (1) prevent public aquatic life from entering an aquatic farm; 54.19    (2) prevent release of nonindigenous or exotic species into public waters without 54.20approval of the commissioner; 54.21    (3) protect against release of disease pathogens to public waters; 54.22    (4) protect existing natural aquatic habitats and the wildlife dependent on them; and 54.23    (5) protect private aquatic life from unauthorized taking or harvest. 54.24     new text begin (b) new text end Private aquatic life that is legally acquired and possessed is an article of interstate 54.25commerce and may be restricted only as necessary to protect state fish and water resources. 54.26     new text begin (c) The commissioner of natural resources shall establish license and other fees as new text end 54.27 new text begin provided in section 16A.1285, subdivision 2, that would make aquaculture licensing and new text end 54.28 new text begin enforcement self-sustaining. The commissioner shall develop best management practices new text end 54.29 new text begin for aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for new text end 54.30 new text begin aquaculture, including, but not limited to, fish farming in man-made ponds. new text end 54.31    Sec. 3. Minnesota Statutes 2007 Supplement, section 17.4984, subdivision 1, is 54.32amended to read: 54.33    Subdivision 1. License required. (a) A person or entity may not operate an aquatic 54.34farm without first obtaining an aquatic farm license from the commissioner. 55.1    (b) Applications for an aquatic farm license must be made on forms provided by 55.2the commissioner. 55.3    (c) Licenses are valid for five years and are transferable upon notification to the 55.4commissioner. 55.5    (d) The commissioner shall issue an aquatic farm license on payment of the required 55.6license fee under section 17.4988. 55.7    (e) A license issued by the commissioner is not a determination of private property 55.8rights, but is only based on a determination that the licensee does not have a significant 55.9detrimental impact on the public resource. 55.10    (f) By January 15, 2008, the commissioner shall report to the senate and house 55.11of representatives committees on natural resource policy and finance on policy 55.12recommendations regarding aquaculture. new text begin The commissioner shall not issue a new license new text end 55.13 new text begin for aquatic farm purposes on a natural water body that has been restored or subject to a new text end 55.14 new text begin protective easement or other interest in land that was at least partially paid for with state or new text end 55.15 new text begin federal money. new text end 55.16     new text begin (g) Before a new aquatic farm license is issued for a natural water body, the applicant new text end 55.17 new text begin must notify all owners of property with direct access to the water body. The notification new text end 55.18 new text begin must include the language of this subdivision. new text end 55.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 55.20 new text begin and applies to applications submitted after that date. new text end 55.21    Sec. 4. Minnesota Statutes 2006, section 84.027, subdivision 15, is amended to read: 55.22    Subd. 15. Electronic transactions. (a) The commissioner may receive an 55.23application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate safety 55.24training certification, registration, or transfer under the jurisdiction of the commissioner 55.25by electronic means, including by telephone. Notwithstanding section 97A.472, electronic 55.26and telephone transactions may be made outside of the state. The commissioner may: 55.27    (1) provide for the electronic transfer of funds generated by electronic transactions, 55.28including by telephone; 55.29    (2) assign an identification number to an applicant who purchases a hunting or 55.30fishing license or recreational vehicle registration by electronic means, to serve as 55.31temporary authorization to engage in the activity requiring a license or registration until 55.32the license or registration is received or expires; 55.33    (3) charge and permit agents to charge a fee of individuals who make electronic 55.34transactions and transactions by telephone or Internet, including issuing fees and an 55.35additional transaction fee not to exceed $3.50; 56.1    (4) new text begin charge and permit agents to charge a convenience fee not to exceed three percent new text end 56.2 new text begin of the cost of the license to individuals who use electronic bank cards for payment. An new text end 56.3 new text begin electronic licensing system agent charging a fee of individuals making an electronic new text end 56.4 new text begin bank card transaction in person must post a sign informing individuals of the fee. The new text end 56.5 new text begin sign must be near the point of payment, clearly visible, include the amount of the fee, and new text end 56.6 new text begin state: "License agents are allowed by state law to charge a fee not to exceed three percent new text end 56.7 new text begin of the cost of state licenses to persons who use electronic bank cards for payment. The new text end 56.8 new text begin fee is not required by state law."; new text end 56.9     new text begin (5) new text end establish, by written order, an electronic licensing system commission to be 56.10paid by revenues generated from all sales made through the electronic licensing system. 56.11The commissioner shall establish the commission in a manner that neither significantly 56.12overrecovers nor underrecovers costs involved in providing the electronic licensing 56.13system; and 56.14    (5) new text begin (6) new text end adopt rules to administer the provisions of this subdivision. 56.15    (b) The fees established under paragraph (a), clause new text begin clauses new text end (3) new text begin and (4) new text end , and 56.16the commission established under paragraph (a), clause (4) new text begin (5) new text end , are not subject to the 56.17rulemaking procedures of chapter 14 and section 14.386 does not apply. 56.18    (c) Money received from fees and commissions collected under this subdivision, 56.19including interest earned, is annually appropriated from the game and fish fund and the 56.20natural resources fund to the commissioner for the cost of electronic licensing. 56.21    Sec. 5. Minnesota Statutes 2006, section 84D.10, subdivision 2, is amended to read: 56.22    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may place into 56.23the waters of the state a watercraft or trailer with aquatic macrophytes: 56.24    (1) that are duckweeds in the family Lemnaceae; 56.25    (2) for purposes of shooting or observation blinds new text begin attached in or on watercraft new text end in 56.26amounts sufficient for that purpose, if the aquatic macrophytes are emergent and cut 56.27above the waterline; 56.28    (3) that are wild rice harvested under section 84.091; or 56.29    (4) in the form of fragments of emergent aquatic macrophytes incidentally 56.30transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl 56.31season. 56.32    Sec. 6. Minnesota Statutes 2006, section 84D.13, subdivision 4, is amended to read: 57.1    Subd. 4. Warnings; civil citations. After appropriate training, conservation 57.2officers, other licensed peace officers, and other department personnel designated by the 57.3commissioner may issue warnings or citations to a person who: 57.4    (1) unlawfully transports prohibited invasive species or aquatic macrophytes; 57.5    (2) unlawfully places or attempts to place into waters of the state a trailer, a 57.6watercraft, or plant harvesting equipment that has new text begin aquatic macrophytes or new text end prohibited 57.7invasive species attached; 57.8    (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 57.9by rule, Eurasian water milfoil; 57.10    (4) fails to drain water, as required by rule, from watercraft and equipment before 57.11leaving designated zebra mussel, spiny water flea, or other invasive plankton infested 57.12waters; or 57.13    (5) transports infested water, in violation of rule, off riparian property. 57.14    Sec. 7. Minnesota Statutes 2006, section 85.46, subdivision 1, is amended to read: 57.15    Subdivision 1. Pass in possession. new text begin (a) Except as provided in paragraph (b), new text end while 57.16riding, leading, or driving a horse on horse trails and associated day use areas on state 57.17trails, in state parks, in state recreation areas, and in state forests, a person 16 years of age 57.18or over shall carry in immediate possession and visibly display on person or horse tack, 57.19a valid horse trail pass. The pass must be available for inspection by a peace officer, a 57.20conservation officer, or an employee designated under section 84.0835. 57.21     new text begin (b) A valid horse trail pass is not required under this section for a person riding, new text end 57.22 new text begin leading, or driving a horse only on the portion of a horse trail that is owned by the person new text end 57.23 new text begin or the person's spouse, child, parent, or guardian. new text end 57.24    Sec. 8. Minnesota Statutes 2006, section 97A.015, subdivision 32a, is amended to read: 57.25    Subd. 32a. Muzzle-loader new text begin Muzzleloader new text end season. "Muzzle-loader new text begin Muzzleloader new text end 57.26season" means the firearms deer season option open only for legal muzzle-loading new text begin new text end 57.27 new text begin muzzleloading new text end firearms, as prescribed by the commissioner. 57.28    Sec. 9. Minnesota Statutes 2006, section 97A.015, subdivision 41a, is amended to read: 57.29    Subd. 41a. Regular firearms season. "Regular firearms season" means any of 57.30the firearms deer season options new text begin seasons new text end prescribed by the commissioner that begin in 57.31November, exclusive of the muzzle-loader new text begin muzzleloader new text end season. 58.1    Sec. 10. Minnesota Statutes 2006, section 97A.015, is amended by adding a 58.2subdivision to read: 58.3     new text begin Subd. 44a. new text end new text begin Shelter. new text end new text begin "Shelter" means any structure, other than a self-propelled motor new text end 58.4 new text begin vehicle, that is set on the ice of state waters to provide shelter. new text end 58.5    Sec. 11. Minnesota Statutes 2006, section 97A.045, subdivision 7, is amended to read: 58.6    Subd. 7. Duty to encourage stamp design and purchases. (a) The commissioner 58.7shall encourage the purchase of: 58.8    (1) Minnesota migratory waterfowl stamps by nonhunters interested in migratory 58.9waterfowl preservation and habitat development; 58.10    (2) pheasant stamps by persons interested in pheasant habitat improvement; 58.11    (3) trout and salmon stamps by persons interested in trout and salmon stream and 58.12lake improvement; and 58.13    (4) turkey stamps by persons interested in wild turkey management and habitat 58.14improvement new text begin stamp collecting new text end new text begin ; and new text end 58.15     new text begin (5) walleye stamps by persons interested in walleye stocking and stamp collecting new text end . 58.16    (b) The commissioner shall make rules governing contests for selecting a design for 58.17each stamp, including those stamps not required to be in possession while taking game or 58.18fish. new text begin The commissioner shall ensure that stamp design and characteristics are consistent new text end 58.19 new text begin with the design and characteristics that are sought by pictorial stamp collectors. new text end 58.20    Sec. 12. Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is 58.21amended to read: 58.22    Subd. 4. Game and fish annual reports. (a) By December 15 each year, 58.23the commissioner shall submit to the legislative committees having jurisdiction over 58.24appropriations and the environment and natural resources reports on each of the following: 58.25    (1) the amount of revenue from the following and purposes for which expenditures 58.26were made: 58.27    (i) the small game license surcharge under section 97A.475, subdivision 4; 58.28    (ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 58.295 , clause (1); 58.30    (iii) the trout and salmon stamp under section 97A.475, subdivision 10; 58.31    (iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); 58.32    (v) the turkey stamp new text begin wild turkey management account new text end under section 97A.475, 58.33subdivision 5 , clause (3) new text begin 97A.075, subdivision 5 new text end ; and 59.1    (vi) the deer license donations and surcharges under section 97A.475, subdivisions 59.23, paragraph (b), and 3a; new text begin and new text end 59.3     new text begin (vii) the walleye stamp under section 97A.475, subdivision 10a; new text end 59.4    (2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and 59.5(c), and the purposes for which these amounts were spent; 59.6    (3) money credited to the game and fish fund under this section and purposes for 59.7which expenditures were made from the fund; 59.8    (4) outcome goals for the expenditures from the game and fish fund; and 59.9    (5) summary and comments of citizen oversight committee reviews under 59.10subdivision 4b. 59.11    (b) The report must include the commissioner's recommendations, if any, for 59.12changes in the laws relating to the stamps and surcharge referenced in paragraph (a). 59.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 59.14    Sec. 13. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read: 59.15    Subd. 4b. Citizen oversight subcommittees. (a) The commissioner shall appoint 59.16subcommittees of affected persons to review the reports prepared under subdivision 4; 59.17review the proposed work plans and budgets for the coming year; propose changes 59.18in policies, activities, and revenue enhancements or reductions; review other relevant 59.19information; and make recommendations to the legislature and the commissioner for 59.20improvements in the management and use of money in the game and fish fund. 59.21    (b) The commissioner shall appoint the following subcommittees, each comprised 59.22of at least three affected persons: 59.23    (1) a Fisheries Operations Subcommittee to review fisheries funding, excluding 59.24activities related to trout and salmon stamp new text begin and walleye stamp new text end funding; 59.25    (2) a Wildlife Operations Subcommittee to review wildlife funding, excluding 59.26activities related to migratory waterfowl, pheasant, and turkey stamp new text begin wild turkey new text end 59.27 new text begin management new text end funding and excluding review of the amounts available under section 59.2897A.075, subdivision 1 , paragraphs (b) and (c); 59.29    (3) a Big Game Subcommittee to review the report required in subdivision 4, 59.30paragraph (a), clause (2); 59.31    (4) an Ecological Services Operations Subcommittee to review ecological services 59.32funding; 59.33    (5) a subcommittee to review game and fish fund funding of enforcement, support 59.34services, and Department of Natural Resources administration; 60.1    (6) a subcommittee to review the trout and salmon stamp report and address funding 60.2issues related to trout and salmon; 60.3    (7) a subcommittee to review the report on the migratory waterfowl stamp and 60.4address funding issues related to migratory waterfowl; 60.5    (8) a subcommittee to review the report on the pheasant stamp and address funding 60.6issues related to pheasants; and 60.7    (9) a subcommittee to review the report on the turkey stamp new text begin wild turkey management new text end 60.8 new text begin account new text end and address funding issues related to wild turkeys new text begin ; and new text end 60.9     new text begin (10) a subcommittee to review the walleye stamp and address funding issues related new text end 60.10 new text begin to walleye stocking new text end . 60.11    (c) The chairs of each of the subcommittees shall form a Budgetary Oversight 60.12Committee to coordinate the integration of the subcommittee reports into an annual 60.13report to the legislature; recommend changes on a broad level in policies, activities, and 60.14revenue enhancements or reductions; provide a forum to address issues that transcend the 60.15subcommittees; and submit a report for any subcommittee that fails to submit its report 60.16in a timely manner. 60.17    (d) The Budgetary Oversight Committee shall develop recommendations for a 60.18biennial budget plan and report for expenditures on game and fish activities. By August 15 60.19of each even-numbered year, the committee shall submit the budget plan recommendations 60.20to the commissioner and to the senate and house committees with jurisdiction over natural 60.21resources finance. 60.22    (e) Each subcommittee shall choose its own chair, except that the chair of the 60.23Budgetary Oversight Committee shall be appointed by the commissioner and may not 60.24be the chair of any of the subcommittees. 60.25    (f) The Budgetary Oversight Committee must make recommendations to the 60.26commissioner and to the senate and house committees with jurisdiction over natural 60.27resources finance for outcome goals from expenditures. 60.28    (g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the 60.29Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010. 60.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 60.31    Sec. 14. new text begin [97A.056] OUTDOOR HERITAGE FUND; LESSARD OUTDOOR new text end 60.32 new text begin HERITAGE COUNCIL. new text end 60.33     new text begin Subdivision 1. new text end new text begin Outdoor heritage fund. new text end new text begin An outdoor heritage fund, under article XI, new text end 60.34 new text begin section 15, of the Minnesota Constitution, is established as an account in the state treasury. new text end 60.35 new text begin All money earned by the outdoor heritage fund must be credited to the fund. At least 99 new text end 61.1 new text begin percent of the money appropriated from the fund must be expended to restore, protect, and new text end 61.2 new text begin enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife. new text end 61.3     new text begin Subd. 2. new text end new text begin Lessard Outdoor Heritage Council. new text end new text begin (a) The Lessard Outdoor Heritage new text end 61.4 new text begin Council of 12 members is created in the legislative branch, consisting of: new text end 61.5     new text begin (1) two public members appointed by the senate Subcommittee on Committees of new text end 61.6 new text begin the Committee on Rules and Administration; new text end 61.7     new text begin (2) two public members appointed by the speaker of the house; new text end 61.8     new text begin (3) four public members appointed by the governor; new text end 61.9     new text begin (4) two members of the senate appointed by the senate Subcommittee on Committees new text end 61.10 new text begin of the Committee on Rules and Administration; and new text end 61.11     new text begin (5) two members of the house of representatives appointed by the speaker of the new text end 61.12 new text begin house. new text end 61.13     new text begin (b) Members appointed under paragraph (a) must not be registered lobbyists. new text end 61.14 new text begin In making appointments, the governor, senate Subcommittee on Committees of the new text end 61.15 new text begin Committee on Rules and Administration, and the speaker of the house shall consider new text end 61.16 new text begin geographic balance, gender, age, ethnicity, and varying interests including hunting and new text end 61.17 new text begin fishing. The governor's appointments to the council are subject to the advice and consent new text end 61.18 new text begin of the senate. new text end 61.19     new text begin (c) Public members appointed under paragraph (a) shall have practical experience new text end 61.20 new text begin or expertise or demonstrated knowledge in the science, policy, or practice of restoring, new text end 61.21 new text begin protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and new text end 61.22 new text begin wildlife. new text end 61.23     new text begin (d) Legislative members appointed under paragraph (a) shall include the chairs new text end 61.24 new text begin of the legislative committees with jurisdiction over environment and natural resources new text end 61.25 new text begin finance or their designee, one member from the minority party of the senate, and one new text end 61.26 new text begin member from the minority party of the house of representatives. new text end 61.27     new text begin (e) Members serve four-year terms and shall be initially appointed according to new text end 61.28 new text begin the following schedule of terms: new text end 61.29     new text begin (1) two public members appointed by the governor for a term ending the first new text end 61.30 new text begin Monday in January 2011; new text end 61.31     new text begin (2) one public member appointed by the senate Subcommittee on Committees of the new text end 61.32 new text begin Committee on Rules and Administration for a term ending the first Monday in January new text end 61.33 new text begin 2011; new text end 61.34     new text begin (3) one public member appointed by the speaker of the house for a term ending new text end 61.35 new text begin the first Monday in January 2011; new text end 62.1     new text begin (4) two public members appointed by the governor for a term ending the first new text end 62.2 new text begin Monday in January 2013; new text end 62.3     new text begin (5) one public member appointed by the senate Subcommittee on Committees of the new text end 62.4 new text begin Committee on Rules and Administration for a term ending the first Monday in January new text end 62.5 new text begin 2013; new text end 62.6     new text begin (6) one public member appointed by the speaker of the house for a term ending the new text end 62.7 new text begin first Monday in January 2013; and new text end 62.8     new text begin (7) two members of the senate appointed by the senate Subcommittee on Committees new text end 62.9 new text begin of the Committee on Rules and Administration for a term ending the first Monday in new text end 62.10 new text begin January 2013, and two members of the house of representatives appointed by the speaker new text end 62.11 new text begin of the house for a term ending the first Monday in January 2013. new text end 62.12     new text begin (f) Compensation and removal of public members are as provided in section new text end 62.13 new text begin 15.0575. A vacancy on the council may be filled by the appointing authority for the new text end 62.14 new text begin remainder of the unexpired term. new text end 62.15     new text begin (g) The first meeting of the council shall be convened by the chair of the Legislative new text end 62.16 new text begin Coordinating Commission no later than December 1, 2008. Members shall elect a chair, new text end 62.17 new text begin vice chair, secretary, and other officers as determined by the council. The chair may new text end 62.18 new text begin convene meetings as necessary to conduct the duties prescribed by this section. new text end 62.19     new text begin (h) The Department of Natural Resources shall provide administrative support for new text end 62.20 new text begin the council. Up to one percent of the money appropriated from the fund may be used to new text end 62.21 new text begin cover the staffing and related administrative expenses of the department and to cover the new text end 62.22 new text begin compensation and travel expenses of council members. new text end 62.23     new text begin Subd. 3. new text end new text begin Council recommendations. new text end new text begin (a) The council shall make recommendations new text end 62.24 new text begin to the legislature on appropriations of money from the outdoor heritage fund that are new text end 62.25 new text begin consistent with the Constitution and state law and that take into consideration the outcomes new text end 62.26 new text begin of, including, but not limited to, the Minnesota Conservation and Preservation Plan, that new text end 62.27 new text begin directly relate to the restoration, protection, and enhancement of wetlands, prairies, forests, new text end 62.28 new text begin and habitat for fish, game, and wildlife, and that prevent forest fragmentation, encourage new text end 62.29 new text begin forest consolidation, and expand restored native prairie. The council shall submit its new text end 62.30 new text begin initial recommendations to the legislature no later than April 1, 2009. Subsequent new text end 62.31 new text begin recommendations shall be submitted no later than January 15 each year. The council shall new text end 62.32 new text begin present its recommendations to the senate and house committees with jurisdiction over the new text end 62.33 new text begin environment and natural resources budget by February 15 in odd numbered years, and new text end 62.34 new text begin within the first four weeks of the legislative session in even numbered years. The council's new text end 62.35 new text begin budget recommendations to the legislature shall be separate from the Department of new text end 62.36 new text begin Natural Resource's budget recommendations. new text end 63.1     new text begin (b) To encourage and support local conservation efforts, the council shall establish a new text end 63.2 new text begin conservation partners program. Local, regional, state, or national organizations may apply new text end 63.3 new text begin for matching grants for restoration, protection, and enhancement of wetlands, prairies, new text end 63.4 new text begin forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation, new text end 63.5 new text begin encouragement of forest consolidation, and expansion of restored native prairie. new text end 63.6     new text begin (c) The council may work with the Clean Water Council to identify projects that new text end 63.7 new text begin are consistent with both the purpose of the outdoor heritage fund and the purpose of new text end 63.8 new text begin the clean water fund. new text end 63.9     new text begin (d) The council may make recommendations to the Legislative-Citizen Commission new text end 63.10 new text begin on Minnesota Resources on scientific research that will assist in restoring, protecting, and new text end 63.11 new text begin enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing new text end 63.12 new text begin forest fragmentation, encouraging forest consolidation, and expanding restored native new text end 63.13 new text begin prairie. new text end 63.14     new text begin (e) Recommendations of the council, including approval of recommendations for the new text end 63.15 new text begin outdoor heritage fund, require an affirmative vote of at least nine members of the council. new text end 63.16     new text begin Subd. 4. new text end new text begin Conflict of interest. new text end new text begin (a) A council member may not be an advocate for new text end 63.17 new text begin or against a council action or vote on any action that may be a conflict of interest. A new text end 63.18 new text begin conflict of interest must be disclosed as soon as it is discovered. The council shall follow new text end 63.19 new text begin the policies and requirements related to conflicts of interest developed by the Office of new text end 63.20 new text begin Grants Management under section 16B.98. new text end 63.21     new text begin (b) For the purposes of this section, a "conflict of interest" exists when a person has new text end 63.22 new text begin an organizational conflict of interest or direct financial interests and those interests present new text end 63.23 new text begin the appearance that it will be difficult for the person to impartially fulfill the person's new text end 63.24 new text begin duty. An "organizational conflict of interest" exists when a person has an affiliation with new text end 63.25 new text begin an organization that is subject to council activities, which presents the appearance of a new text end 63.26 new text begin conflict between organizational interests and council member duties. An "organizational new text end 63.27 new text begin conflict of interest" does not exist if the person's only affiliation with an organization is new text end 63.28 new text begin being a member of the organization. new text end 63.29     new text begin Subd. 5. new text end new text begin Open meetings. new text end new text begin (a) Meetings of the council and other groups the council new text end 63.30 new text begin may establish are subject to chapter 13D. Except where prohibited by law, the council new text end 63.31 new text begin shall establish additional processes to broaden public involvement in all aspects of its new text end 63.32 new text begin deliberations, including recording meetings, video conferencing, and publishing minutes. new text end 63.33 new text begin For the purposes of this subdivision, a meeting occurs when a quorum is present and the new text end 63.34 new text begin members receive information or take action on any matter relating to the duties of the new text end 63.35 new text begin council. The quorum requirement for the council shall be seven members. new text end 64.1     new text begin (b) For legislative members of the council, enforcement of this subdivision is new text end 64.2 new text begin governed by section 3.055, subdivision 2. For nonlegislative members of the council, new text end 64.3 new text begin enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2. new text end 64.4     new text begin Subd. 6. new text end new text begin Audit. new text end new text begin The council shall select an independent auditor to audit the outdoor new text end 64.5 new text begin heritage fund expenditures every two years to ensure that the money is spent to restore, new text end 64.6 new text begin protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife. new text end 64.7     new text begin Subd. 7. new text end new text begin Legislative oversight. new text end new text begin (a) The senate and house chairs of the committees new text end 64.8 new text begin with jurisdiction over the environment and natural resources budget shall convene a joint new text end 64.9 new text begin hearing to review the activities and evaluate the effectiveness of the council and evaluate new text end 64.10 new text begin the effectiveness and efficiency of the department's administration and staffing of the new text end 64.11 new text begin council after five years but no later than June 30, 2014. new text end 64.12     new text begin (b) By January 15, 2013, a professional outside review authority shall be chosen by new text end 64.13 new text begin the chairs of the house of representatives and senate committees with jurisdiction over new text end 64.14 new text begin environment and natural resources to evaluate the effectiveness and efficiency of the new text end 64.15 new text begin department's administration and staffing of the council. A report shall be submitted to new text end 64.16 new text begin the chairs by January 15, 2014. new text end 64.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective November 15, 2008, if the new text end 64.18 new text begin constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters. new text end 64.19    Sec. 15. Minnesota Statutes 2006, section 97A.075, subdivision 1, is amended to read: 64.20    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this 64.21subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, 64.22clauses (4) , (5), (9), (11), (13), and (14) new text begin (5), (6), (7), (11), (13), (15), (16), and (17) new text end , and 3, 64.23clauses (2), (3), and (7) new text begin (2), (3), (4), (9), (11), (12), and (13) new text end , and licenses issued under 64.24section 97B.301, subdivision 4. 64.25    (b) $2 from each annual deer license and $2 annually from the lifetime fish and 64.26wildlife trust fund, established in section 97A.4742, for each license issued under section 64.2797A.473, subdivision 4 , shall be credited to the deer management account and shall be 64.28used for deer habitat improvement or deer management programs. 64.29    (c) $1 from each annual deer license and each bear license and $1 annually from 64.30the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license 64.31issued under section 97A.473, subdivision 4, shall be credited to the deer and bear 64.32management account and shall be used for deer and bear management programs, including 64.33a computerized licensing system. 65.1    (d) Fifty cents from each deer license is credited to the emergency deer feeding 65.2and wild cervidae health management account and is appropriated for emergency deer 65.3feeding and wild cervidae health management. Money appropriated for emergency 65.4deer feeding and wild cervidae health management is available until expended. When 65.5the unencumbered balance in the appropriation for emergency deer feeding and wild 65.6cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first 65.7time, $750,000 is canceled to the unappropriated balance of the game and fish fund. 65.8The commissioner must inform the legislative chairs of the natural resources finance 65.9committees every two years on how the money for emergency deer feeding and wild 65.10cervidae health management has been spent. 65.11    Thereafter, when the unencumbered balance in the appropriation for emergency deer 65.12feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal 65.13year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer 65.14and bear management programs and computerized licensing. 65.15    Sec. 16. Minnesota Statutes 2006, section 97A.075, subdivision 4, is amended to read: 65.16    Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps 65.17must be credited to the pheasant habitat improvement account. Money in the account 65.18may be used only for: 65.19    (1) the development, restoration, and maintenance of suitable habitat for ringnecked 65.20pheasants on public and private land including the establishment of nesting cover, winter 65.21cover, and reliable food sources; 65.22    (2) reimbursement of landowners for setting aside lands for pheasant habitat; 65.23    (3) reimbursement of expenditures to provide pheasant habitat on public and private 65.24land; 65.25    (4) the promotion of pheasant habitat development and maintenance, including 65.26promotion and evaluation of government farm program benefits for pheasant habitat; and 65.27    (5) the acquisition of lands suitable for pheasant habitat management and public 65.28hunting. 65.29    (b) Money in the account may not be used for: 65.30    (1) costs unless they are directly related to a specific parcel of land under paragraph 65.31(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under 65.32paragraph (a), clause (4); or 65.33    (2) any personnel costs, except that prior to July 1, 2009 new text begin 2019 new text end , personnel may be 65.34hired to provide technical and promotional assistance for private landowners to implement 65.35conservation provisions of state and federal programs. 66.1    Sec. 17. Minnesota Statutes 2006, section 97A.075, subdivision 5, is amended to read: 66.2    Subd. 5. Turkey stamps new text begin account new text end . (a) Ninety percent of the revenue from 66.3turkey stamps new text begin $4.50 from each turkey license sold new text end must be credited to the wild turkey 66.4management account. Money in the account may be used only for: 66.5    (1) the development, restoration, and maintenance of suitable habitat for wild 66.6turkeys on public and private land including forest stand improvement and establishment 66.7of nesting cover, winter roost area, and reliable food sources; 66.8    (2) acquisitions of, or easements on, critical wild turkey habitat; 66.9    (3) reimbursement of expenditures to provide wild turkey habitat on public and 66.10private land; 66.11    (4) trapping and transplantation of wild turkeys; and 66.12    (5) the promotion of turkey habitat development and maintenance, population 66.13surveys and monitoring, and research. 66.14    (b) Money in the account may not be used for: 66.15    (1) costs unless they are directly related to a specific parcel of land under paragraph 66.16(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4), 66.17or to specific promotional or evaluative activities under paragraph (a), clause (5); or 66.18    (2) any permanent personnel costs. 66.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 66.20    Sec. 18. Minnesota Statutes 2006, section 97A.075, is amended by adding a 66.21subdivision to read: 66.22     new text begin Subd. 6. new text end new text begin Walleye stamp. new text end new text begin (a) Revenue from walleye stamps must be credited to the new text end 66.23 new text begin walleye stamp account. Money in the account must be used only for stocking walleye in new text end 66.24 new text begin waters of the state and related activities. new text end 66.25     new text begin (b) Money in the account may not be used for costs unless they are directly related to new text end 66.26 new text begin a specific body of water under paragraph (a), or for costs associated with supplies and new text end 66.27 new text begin equipment to implement walleye stocking activities under paragraph (a). new text end 66.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective on March 1, 2009. new text end 66.29    Sec. 19. Minnesota Statutes 2006, section 97A.311, subdivision 5, is amended to read: 66.30    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not 66.31including any issuing fees paid under section 97A.485, subdivision 6, if: 66.32    (1) the licensee dies before the opening of the licensed season. The original license 66.33and a copy of the death certificate must be provided to the commissioner; or 67.1    (2) the licensee is unable to participate in the licensed activity because the licensee is 67.2called to active military duty or military leave is canceled during the entire open season of 67.3the licensed activity. The original license and a copy of the military orders or notice of 67.4cancellation of leave must be provided to the commissioner new text begin ; or new text end 67.5     new text begin (3) the licensee purchased two licenses for the same license season in error new text end . 67.6    (b) This subdivision does not apply to lifetime licenses. 67.7    Sec. 20. Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 2, is 67.8amended to read: 67.9    Subd. 2. Personal possession. (a) A person acting under a license or traveling from 67.10an area where a licensed activity was performed must have in personal possession either: 67.11(1) the proper license, if the license has been issued to and received by the person; or (2) 67.12the proper license identification number or stamp validation, if the license has been sold to 67.13the person by electronic means but the actual license has not been issued and received. 67.14    (b) If possession of a license or a license identification number is required, a person 67.15must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 67.16license if the license has been issued to and received by the person; or (2) the proper 67.17license identification number or stamp validation and a valid state driver's license, state 67.18identification card, or other form of identification provided by the commissioner, if the 67.19license has been sold to the person by electronic means but the actual license has not been 67.20issued and received. A person charged with violating the license possession requirement 67.21shall not be convicted if the person produces in court or the office of the arresting officer, 67.22the actual license previously issued to that person, which was valid at the time of arrest, 67.23or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 67.24request of a conservation officer or peace officer, a licensee shall write the licensee's name 67.25in the presence of the officer to determine the identity of the licensee. 67.26    (c) If the actual license has been issued and received, a receipt for license fees, a 67.27copy of a license, or evidence showing the issuance of a license, including the license 67.28identification number or stamp validation, does not entitle a licensee to exercise the rights 67.29or privileges conferred by a license. 67.30    (d) A license issued electronically and not immediately provided to the licensee shall 67.31be mailed to the licensee within 30 days of purchase of the license. A pictorial turkey, 67.32migratory waterfowl, pheasant, or trout and salmon new text begin , or walleye new text end stamp shall be provided to 67.33the licensee after purchase of a stamp validation only if the licensee pays an additional $2 67.34fee. new text begin A pictorial turkey stamp may be purchased for a $2 fee. new text end 67.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 68.1    Sec. 21. Minnesota Statutes 2006, section 97A.431, subdivision 2, is amended to read: 68.2    Subd. 2. Eligibility. Persons eligible for a moose license shall be determined 68.3under this section and commissioner's rule. A person is eligible for a moose license only 68.4if the person: 68.5    (1) is a resident; new text begin and new text end 68.6    (2) is at least age 16 before the season opens; and 68.7    (3) new text begin (2) new text end has not been issued a moose license for any of the last five seasons or after 68.8January 1, 1991. 68.9    Sec. 22. Minnesota Statutes 2006, section 97A.433, subdivision 2, is amended to read: 68.10    Subd. 2. Eligibility. Persons eligible for an elk license shall be determined under this 68.11section and commissioner's rule. A person is eligible for an elk license only if the person: 68.12    (1) is a resident; new text begin and new text end 68.13    (2) is at least age 16 before the season opens; and 68.14    (3) new text begin (2) new text end has never been issued an elk license. 68.15    Sec. 23. Minnesota Statutes 2006, section 97A.434, subdivision 2, is amended to read: 68.16    Subd. 2. Eligibility. Eligibility for a prairie chicken license shall be determined by 68.17this section and by rule adopted by the commissioner. A person is eligible for a prairie 68.18chicken license only if the person: 68.19    (1) is a resident; and 68.20    (2) was born before January 1, 1980, or possesses a firearms safety certificate. 68.21    Sec. 24. Minnesota Statutes 2007 Supplement, section 97A.441, subdivision 7, is 68.22amended to read: 68.23    Subd. 7. Owners or tenants of agricultural land. (a) The commissioner may 68.24issue, without a fee, a license to take an antlerless deer to a person new text begin resident new text end who is an 68.25owner or tenant new text begin , or a nonresident who is an owner, new text end of at least 80 acres of agricultural land, 68.26as defined in section 97B.001, in deer permit areas that have deer archery licenses to 68.27take additional deer under section 97B.301, subdivision 4. A person may receive only 68.28one license per year under this subdivision. For properties with co-owners or cotenants, 68.29only one co-owner or cotenant may receive a license under this subdivision per year. The 68.30license issued under this subdivision is restricted to land leased for agricultural purposes 68.31or owned by the holder of the license within the permit area where the qualifying land 68.32is located. The holder of the license may transfer the license to the holder's spouse or 68.33dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 69.12 , the holder of the license may purchase an additional license for taking deer and may 69.2take an additional deer under that license. 69.3    (b) A person who obtains a license under paragraph (a) must allow public deer 69.4hunting on their land during that deer hunting season, with the exception of the first 69.5Saturday and Sunday during the deer hunting season applicable to the license issued under 69.6section 97A.475, subdivision 2, clauses (4) and (13). 69.7    Sec. 25. Minnesota Statutes 2007 Supplement, section 97A.451, subdivision 3, is 69.8amended to read: 69.9    Subd. 3. Residents under age 16; small game. (a) A resident under age 16 may 69.10not new text begin must new text end obtain a small game license but may new text begin in order to new text end take small game by firearms 69.11or bow and arrow without a license new text begin paying the applicable fees under section 97A.475, new text end 69.12 new text begin subdivisions 2, 4, and 5, new text end if the resident is: 69.13    (1) age 14 or 15 and possesses a firearms safety certificate; 69.14    (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or 69.15guardian; 69.16    (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied 69.17by a parent or guardian who possesses a small game license that was not obtained using an 69.18apprentice hunter validation; or 69.19    (4) age 12 or under and is accompanied by a parent or guardian. 69.20    (b) A resident under age 16 may take small game by trapping without a small game 69.21license, but a resident 13 years of age or older must have a trapping license. A resident 69.22under age 13 may trap without a trapping license, but may not register fisher, otter, 69.23bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 69.24or pine marten taken by a resident under age five must be included in the limit of the 69.25accompanying parent or guardian. 69.26    (c) A resident under age 12 may apply for a turkey license and may take a turkey 69.27without a firearms safety certificate if the resident is accompanied by an adult parent or 69.28guardian who has a firearms safety certificate. 69.29     new text begin (d) A resident under age 12 may apply for a prairie chicken license and may take a new text end 69.30 new text begin prairie chicken without a firearms safety certificate if the resident is accompanied by an new text end 69.31 new text begin adult parent or guardian who has a firearms safety certificate. new text end 69.32 new text begin EFFECTIVE DATE. new text end new text begin The amendments to paragraph (a) are effective March 1, 2009. new text end 69.33    Sec. 26. Minnesota Statutes 2006, section 97A.451, subdivision 4, is amended to read: 70.1    Subd. 4. Persons under age 16; big game. new text begin (a) new text end A person under the age of 16 new text begin 12, new text end 70.2 new text begin 13, 14, or 15 new text end may not obtain a license to take big game unless the person possesses a 70.3firearms safety certificate. A person under the age of 14 new text begin 12 or 13 new text end must be accompanied 70.4by a parent or guardian to hunt big game. 70.5     new text begin (b) A person age 10 or 11 may take big game provided the person is under the direct new text end 70.6 new text begin supervision of a parent or guardian where the parent or guardian is within immediate new text end 70.7 new text begin reach. Until March 1, 2009, a person age 10 or 11 may take big game under a parent or new text end 70.8 new text begin guardian's license. Beginning March 1, 2009, a person age 10 or 11 must obtain a license new text end 70.9 new text begin in order to take big game and may obtain the license without paying the fee required under new text end 70.10 new text begin section 97A.475, subdivision 2. new text end 70.11    Sec. 27. Minnesota Statutes 2006, section 97A.473, subdivision 2, is amended to read: 70.12    Subd. 2. Lifetime angling license; fee. (a) A resident lifetime angling license 70.13authorizes a person to take fish by angling in the state. The license authorizes those 70.14activities authorized by the annual resident angling license. The license does not include a 70.15trout and salmon stamp validation new text begin , a walleye stamp validation, new text end or other stamps required 70.16by law. 70.17    (b) The fees for a resident lifetime angling license are: 70.18    (1) age 3 and under, $227; 70.19    (2) age 4 to age 15, $300; 70.20    (3) age 16 to age 50, $383; and 70.21    (4) age 51 and over, $203. 70.22    Sec. 28. Minnesota Statutes 2007 Supplement, section 97A.473, subdivision 5, is 70.23amended to read: 70.24    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license 70.25authorizes a person to take fish by angling and hunt and trap small game in the state. The 70.26license authorizes those activities authorized by the annual resident angling, resident 70.27small game hunting, and resident trapping licenses. The license does not include a trout 70.28and salmon stamp validation, a turkey stamp validation, new text begin a walleye stamp validation, new text end or 70.29any other hunting stamps required by law. 70.30    (b) The fees for a resident lifetime sporting license are: 70.31    (1) age 3 and under, $357; 70.32    (2) age 4 to age 15, $480; 70.33    (3) age 16 to age 50, $613; and 70.34    (4) age 51 and over, $413. 71.1    Sec. 29. Minnesota Statutes 2006, section 97A.474, subdivision 2, is amended to read: 71.2    Subd. 2. Nonresident lifetime angling license; fee. (a) A nonresident lifetime 71.3angling license authorizes a person to take fish by angling in the state. The license 71.4authorizes those activities authorized by the annual nonresident angling license. The 71.5license does not include a trout and salmon stamp validation new text begin , a walleye stamp validation, new text end 71.6or other stamps required by law. 71.7    (b) The fees for a nonresident lifetime angling license are: 71.8    (1) age 3 and under, $447; 71.9    (2) age 4 to age 15, $600; 71.10    (3) age 16 to age 50, $773; and 71.11    (4) age 51 and over, $513. 71.12    Sec. 30. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 2, is 71.13amended to read: 71.14    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents 71.15only, are: 71.16    (1) for persons age 18 or over and under age 65 to take small game, $12.50; 71.17    (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game; 71.18    (3) new text begin for persons age 18 or over new text end to take turkey, $18 new text begin $23 new text end ; 71.19     new text begin (4) for persons under age 18 to take turkey, $12; new text end 71.20    (4) new text begin (5) new text end for persons age 18 or over to take deer with firearms new text begin during the regular new text end 71.21 new text begin firearms season new text end , $26; 71.22    (5) new text begin (6) new text end for persons age 18 or over to take deer by archery, $26; 71.23     new text begin (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader new text end 71.24 new text begin season, $26; new text end 71.25    (6) new text begin (8) new text end to take moose, for a party of not more than six persons, $310; 71.26    (7) new text begin (9) new text end to take bear, $38; 71.27    (8) new text begin (10) new text end to take elk, for a party of not more than two persons, $250; 71.28    (9) new text begin (11) new text end multizone license to take antlered deer in more than one zone, $52; 71.29    (10) new text begin (12) new text end to take Canada geese during a special season, $4; 71.30    (11) new text begin (13) new text end all season license to take three deer throughout the state in any open deer 71.31season, except as restricted under section 97B.305, $78; 71.32    (12) new text begin (14) new text end to take prairie chickens, $20; 71.33    (13) new text begin (15) new text end for persons at least age 12 and under age 18 to take deer with firearms 71.34during the regular firearms season in any open zone or time period, $13; and 72.1    (14) new text begin (16) new text end for persons at least age 12 and under age 18 to take deer by archery, 72.2$13 new text begin ; and new text end 72.3     new text begin (17) for persons under age 18 to take deer by muzzleloader during the muzzleloader new text end 72.4 new text begin season, $13 new text end . 72.5 new text begin EFFECTIVE DATE. new text end new text begin The amendments to clauses (3) and (4) are effective March new text end 72.6 new text begin 1, 2009. new text end 72.7    Sec. 31. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 3, is 72.8amended to read: 72.9    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued 72.10to nonresidents, are: 72.11    (1) for persons age 18 and older new text begin or over new text end to take small game, $73; 72.12    (2) for persons age 18 and older new text begin or over new text end to take deer with firearms new text begin during the regular new text end 72.13 new text begin firearms season new text end , $135; 72.14    (3) for persons age 18 and older to take deer by archery, $135; 72.15     new text begin (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader new text end 72.16 new text begin season, $135; new text end 72.17    (4) new text begin (5) new text end to take bear, $195; 72.18    (5) new text begin (6) for persons age 18 and older new text end to take turkey, $73 new text begin $78 new text end ; 72.19     new text begin (7) for persons under age 18 to take turkey, $12; new text end 72.20    (6) new text begin (8) new text end to take raccoon or bobcat, $155; 72.21    (7) new text begin (9) new text end multizone license to take antlered deer in more than one zone, $270; 72.22    (8) new text begin (10) new text end to take Canada geese during a special season, $4; 72.23    (9) new text begin (11) new text end for persons at least age 12 and under age 18 to take deer with firearms during 72.24the regular firearms season in any open zone new text begin season option new text end or time period, $13; and 72.25    (10) new text begin (12) new text end for persons at least age 12 and under age 18 to take deer by archery, 72.26$13 new text begin ; and new text end 72.27     new text begin (13) for persons under age 18 to take deer during the muzzleloader season, $13 new text end . 72.28    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under 72.29paragraph (a), clauses (1) to (7) new text begin (9) new text end . An additional commission may not be assessed 72.30on this surcharge. 72.31 new text begin EFFECTIVE DATE. new text end new text begin The amendments to paragraph (a), clauses (6) and (7), are new text end 72.32 new text begin effective March 1, 2009. new text end 72.33    Sec. 32. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 3a, 72.34is amended to read: 73.1    Subd. 3a. Deer license surcharge. A person may agree to add a donation of $1, $3, 73.2or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or 73.3archery established under subdivisions 2, clauses (4), (5), (9), and (11) new text begin (5), (6), (7), (11), new text end 73.4 new text begin and (13) new text end , and 3, clauses (2), (3), and (7) new text begin (4), and (9) new text end . Beginning March 1, 2008, fees for 73.5bonus licenses to take deer by firearms or archery established under section 97B.301, 73.6subdivision 4 , must be increased by a surcharge of $1. An additional commission may not 73.7be assessed on the donation or surcharge and the following statement must be included in 73.8the annual deer hunting regulations: "The deer license donations and surcharges are being 73.9paid by hunters for deer management, including assisting with the costs of processing deer 73.10donated for charitable purposes." 73.11    Sec. 33. Minnesota Statutes 2006, section 97A.475, subdivision 5, is amended to read: 73.12    Subd. 5. Hunting stamps. Fees for the following stamps and stamp validations are: 73.13    (1) migratory waterfowl stamp, $7.50; new text begin and new text end 73.14    (2) pheasant stamp, $7.50; and 73.15    (3) turkey stamp validation, $5. 73.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 73.17    Sec. 34. Minnesota Statutes 2006, section 97A.475, is amended by adding a 73.18subdivision to read: 73.19     new text begin Subd. 10a. new text end new text begin Walleye stamp validation. new text end new text begin A person may agree to purchase a walleye new text end 73.20 new text begin stamp validation for $5. new text end 73.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 73.22    Sec. 35. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 16, 73.23is amended to read: 73.24    Subd. 16. Resident new text begin bear new text end hunting guides new text begin outfitters new text end . new text begin (a) new text end The fee for a resident new text begin new text end 73.25 new text begin bear hunting outfitter new text end license to guide bear hunters is $82.50 and is available only to 73.26a Minnesota resident individual. 73.27     new text begin (b) The fee for a resident master bear hunting outfitter license is $165. The fee to new text end 73.28 new text begin add an additional person under the license is $82.50 per person. new text end 73.29    Sec. 36. Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read: 73.30    Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell 73.31licenses under this section must issue the following licenses for the license fee and the 73.32following issuing fees: 74.1    (1) to take deer or bear with firearms and by archery, the issuing fee is $1; 74.2    (2) Minnesota sporting, the issuing fee is $1; and 74.3    (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing 74.4animals, the issuing fee is $1; 74.5    (4) for a stamp new text begin validation new text end that is not issued simultaneously with a license, an issuing 74.6fee of 50 cents may be charged at the discretion of the authorized seller; 74.7    (5) for stamps new text begin stamp validations new text end issued simultaneously with a license, there is no fee; 74.8    (6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441 74.9or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized 74.10seller; 74.11    (7) for lifetime licenses, there is no fee; and 74.12    (8) for all other licenses, permits, renewals, or applications or any other transaction 74.13through the electronic licensing system under this chapter or any other chapter when an 74.14issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion 74.15of the authorized seller. 74.16    (b) An issuing fee may not be collected for issuance of a trout and salmon stamp if 74.17a stamp validation is issued simultaneously with the related angling or sporting license. 74.18Only one issuing fee may be collected when selling more than one trout and salmon stamp 74.19in the same transaction after the end of the season for which the stamp was issued. 74.20    (c) The agent shall keep the issuing fee as a commission for selling the licenses. 74.21    (d) The commissioner shall collect the issuing fee on licenses sold by the 74.22commissioner. 74.23    (e) A license, except stamps, must state the amount of the issuing fee and that the 74.24issuing fee is kept by the seller as a commission for selling the licenses. 74.25    (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are: 74.26    (1) for licenses to take big game, 75 cents; and 74.27    (2) for other licenses, 50 cents. 74.28    (g) The commissioner may issue one-day angling licenses in books of ten licenses 74.29each to fishing guides operating charter boats upon receipt of payment of all license 74.30fees, excluding the issuing fee required under this section. Copies of sold and unsold 74.31licenses shall be returned to the commissioner. The commissioner shall refund the charter 74.32boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be 74.33maintained by the commissioner for one year. 74.34    Sec. 37. Minnesota Statutes 2006, section 97A.535, subdivision 1, is amended to read: 75.1    Subdivision 1. Tags required. (a) A person may not possess or transport deer, 75.2bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner 75.3prescribed by the commissioner. The commissioner must prescribe the type of tag that has 75.4the license number of the owner, the year of its issue, and other information prescribed by 75.5the commissioner. 75.6    (b) The tag and the license must be validated at the site of the kill as prescribed by 75.7the commissioner. 75.8    (c) Except as otherwise provided in this section, the tag must be attached to the 75.9deer, bear, elk, or moose at the site of the kill before the animal is removed from the 75.10site of the kill. 75.11    (d) The tag must remain attached to the animal until the animal is processed for 75.12storage. 75.13    (e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the 75.14kill without attaching the validated tag to the animal only while in the act of manually 75.15or mechanically dragging, carrying, or carting the animal across the ground and while 75.16possessing the validated tag on their person. A motor vehicle may be used to drag the 75.17animal across the ground. At all other times, the validated tag must be attached to the 75.18deer, bear, elk, or moose: 75.19    (1) as otherwise provided in this section; and 75.20    (2) prior to the animal being placed onto and transported on a motor vehicle, being 75.21hung from a tree or other structure or device, or being brought into a camp or yard or 75.22other place of habitation. 75.23    Sec. 38. Minnesota Statutes 2006, section 97B.015, subdivision 5, is amended to read: 75.24    Subd. 5. Firearms safety certificate. The commissioner shall issue a firearms 75.25safety certificate to a person that satisfactorily completes the required course of instruction. 75.26A person must be at least age 11 to take the firearms safety course and may receive a 75.27firearms safety certificate, but the certificate is not valid for hunting until the new text begin year the new text end 75.28person reaches age 12. A person who is age 11 and has a firearms safety certificate may 75.29purchase a deer, bear, turkey, or prairie chicken license new text begin to take big game new text end that will become 75.30 new text begin be new text end valid when new text begin for hunting during the entire regular season for which the license is valid if new text end 75.31the person reaches new text begin will reach new text end age 12 new text begin during that calendar year new text end . A firearms safety certificate 75.32issued to a person under age 12 by another state as provided in section 97B.020 is not 75.33valid for hunting in Minnesota until the person reaches age 12. The form and content of 75.34the firearms safety certificate shall be prescribed by the commissioner. 76.1    Sec. 39. Minnesota Statutes 2007 Supplement, section 97B.031, subdivision 1, is 76.2amended to read: 76.3    Subdivision 1. Firearms and ammunition that may be used to take big game. (a) 76.4A person may take big game with a firearm only if: 76.5    (1) the rifle, shotgun, and handgun used is a caliber of at least .23 new text begin .22 new text end inches new text begin and new text end 76.6 new text begin with centerfire ignition new text end ; 76.7    (2) the firearm is loaded only with single projectile ammunition; 76.8    (3) a projectile used is a caliber of at least .23 new text begin .22 new text end inches and has a soft point or is 76.9an expanding bullet type; 76.10    (4) the ammunition has a case length of at least inches; 76.11    (5) new text begin (4) new text end the muzzle-loader new text begin muzzleloader new text end used is incapable of being loaded at the 76.12breech; 76.13    (6) new text begin (5) new text end the smooth-bore muzzle-loader new text begin muzzleloader new text end used is a caliber of at least 76.14.45 inches; and 76.15    (7) new text begin (6) new text end the rifled muzzle-loader new text begin muzzleloader new text end used is a caliber of at least .40 inches. 76.16    (b) Notwithstanding paragraph (a), clause (4), a person may take big game with a 76.17ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum 76.18cartridge, a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50 76.19Spencer, or 56-56 Spencer cartridge. 76.20    Sec. 40. Minnesota Statutes 2007 Supplement, section 97B.035, subdivision 1a, 76.21is amended to read: 76.22    Subd. 1a. Minimum draw weight. A bow used to take big game new text begin or turkey new text end must 76.23have a pull that meets or exceeds 30 pounds at or before full draw. 76.24    Sec. 41. Minnesota Statutes 2007 Supplement, section 97B.036, is amended to read: 76.2597B.036 CROSSBOW HUNTING DURING FIREARMS DEER SEASON. 76.26    Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer new text begin , new text end 76.27 new text begin bear, or turkey new text end by crossbow during the new text begin respective new text end regular firearms deer season new text begin seasons new text end . 76.28The transportation requirements of section 97B.051 apply to crossbows during the regular 76.29firearms deer new text begin , bear, or turkey new text end season. Crossbows must meet the requirements of section 76.3097B.106, subdivision 2 . A person taking deer new text begin , bear, or turkey new text end by crossbow under this 76.31section must have a valid firearms deer license new text begin to take the respective game new text end . 76.32    Sec. 42. Minnesota Statutes 2006, section 97B.041, is amended to read: 77.197B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 77.2IN DEER ZONES. 77.3    A person may not possess a firearm or ammunition outdoors during the period 77.4beginning the fifth day before the open firearms season and ending the second day after 77.5the close of the season within an area where deer may be taken by a firearm, except: 77.6    (1) during the open season and in an area where big game may be taken, a firearm 77.7and ammunition authorized for taking big game in that area may be used to take big game 77.8in that area if the person has a valid big game license in possession; 77.9    (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle; 77.10    (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot 77.11or steel shot; 77.12    (4) a handgun or rifle and only short, long, and long rifle cartridges that are caliber 77.13of .22 inches new text begin capable of firing only rimfire cartridges of .17 and .22 caliber, including new text end 77.14 new text begin .22 magnum caliber cartridges new text end ; 77.15    (5) handguns possessed by a person authorized to carry a handgun under sections 77.16624.714 and 624.715 for the purpose authorized; and 77.17    (6) on a target range operated under a permit from the commissioner. 77.18    This section does not apply during an open firearms season in an area where deer 77.19may be taken only by muzzleloader, except that muzzleloading firearms lawful for the 77.20taking of deer may be possessed only by persons with a valid license to take deer by 77.21muzzleloader during that season. 77.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 77.23    Sec. 43. Minnesota Statutes 2006, section 97B.071, is amended to read: 77.2497B.071 BLAZE ORANGE REQUIREMENTS. 77.25    (a) Except as provided in rules adopted under paragraph (c), a person may not hunt 77.26or trap during the open season where deer may be taken by firearms under applicable laws 77.27and ordinances, unless the visible portion of the person's cap and outer clothing above the 77.28waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage 77.29pattern of at least 50 percent blaze orange within each foot square. This section does not 77.30apply to migratory waterfowl hunters on waters of this state or in a stationary shooting 77.31location or to trappers on waters of this state. 77.32    (b) Except as provided in rules adopted under paragraph (c), and in addition to 77.33the requirement in paragraph (a), a person may not take small game other than turkey, 77.34migratory birds, raccoons, and predators, except when hunting with nontoxic shot or while 78.1trapping, unless a visible portion of at least one article of the person's clothing above the 78.2waist is blaze orange. This paragraph does not apply to a person hunting by falconry. 78.3    (c) The commissioner may, by rule, prescribe an alternative color in cases where 78.4paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public 78.5Law 103-141. 78.6    (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only 78.7by a safety warning. 78.8    Sec. 44. Minnesota Statutes 2006, section 97B.106, subdivision 1, is amended to read: 78.9    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may 78.10issue a special permit, without a fee, to take big game, small game, or rough fish with a 78.11crossbow to a person that is unable to hunt or take rough fish by archery because of a 78.12permanent or temporary physical disability. new text begin A crossbow permit issued under this section new text end 78.13 new text begin also allows the permittee to use a bow with a mechanical device that draws, releases, or new text end 78.14 new text begin holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a). new text end 78.15    (b) To qualify for a crossbow permit under this section, a temporary disability 78.16must render the person unable to hunt or fish by archery for a minimum of two years 78.17after application for the permit is made. The permanent or temporary disability must 78.18be established by medical evidence, and the inability to hunt or fish by archery for the 78.19required period of time must be verified in writing by a licensed physician or chiropractor. new text begin new text end 78.20 new text begin A person who has received a special permit under this section because of a permanent new text end 78.21 new text begin disability is eligible for subsequent special permits without providing medical evidence new text end 78.22 new text begin and verification of the disability. new text end 78.23    (c) The person must obtain the appropriate license. 78.24    Sec. 45. Minnesota Statutes 2006, section 97B.211, subdivision 1, is amended to read: 78.25    Subdivision 1. Possession of firearms prohibited. Except when hunting bear, A 78.26person may not take big game new text begin deer new text end by archery while in possession of a firearm. 78.27    Sec. 46. Minnesota Statutes 2006, section 97B.301, subdivision 1, is amended to read: 78.28    Subdivision 1. Licenses required. A person may not take deer without a license. 78.29A person must have a firearms deer license to take deer with firearms new text begin during the regular new text end 78.30 new text begin firearms season, a muzzleloader license to take deer with a muzzleloader during the new text end 78.31 new text begin muzzleloader season, new text end and an archery deer license to take deer by archery except as 78.32provided in this section. 79.1    Sec. 47. Minnesota Statutes 2006, section 97B.301, subdivision 2, is amended to read: 79.2    Subd. 2. Limit of one deer. Except as provided in subdivisions 3 and 4, A person 79.3may obtain one new text begin regular new text end firearms new text begin season new text end deer license new text begin , one muzzleloader season deer new text end 79.4 new text begin license, new text end and one archery new text begin season new text end deer license in the same license year, but may take only new text begin new text end 79.5 new text begin not tag more than new text end one deer new text begin except as provided in subdivisions 3 and 4 new text end . 79.6    Sec. 48. Minnesota Statutes 2006, section 97B.301, subdivision 4, is amended to read: 79.7    Subd. 4. Taking more than one deer. (a) The commissioner may, by rule, allow 79.8a person to take more than one deer. The commissioner shall prescribe the conditions 79.9for taking the additional deer including: 79.10    (1) taking by firearm new text begin , muzzleloader, new text end or archery; 79.11    (2) obtaining additional licenses; and 79.12    (3) payment of a fee not more than the fee for a firearms deer license; and 79.13    (4) the total number of deer that an individual may take. 79.14    (b) In Kittson, Lake of the Woods, Marshall, Pennington, and Roseau Counties, a 79.15person may obtain one firearms deer license and one archery deer license in the same 79.16license year, and may take one deer under each license. The commissioner may limit the 79.17use of this provision in certain years to protect the deer population in the area. 79.18    Sec. 49. Minnesota Statutes 2006, section 97B.301, subdivision 6, is amended to read: 79.19    Subd. 6. Residents new text begin or nonresidents new text end under age 18 may take deer of either sex. 79.20    A resident new text begin or nonresident new text end under the age of 18 may take a deer of either sex except in 79.21those antlerless permit areas and seasons where no antlerless permits are offered. In 79.22antlerless permit areas where no antlerless permits are offered, the commissioner may 79.23provide a limited number of youth either sex permits to residents new text begin or nonresidents new text end under 79.24age 18, under the procedures provided in section 97B.305, and may give preference to 79.25residents new text begin or nonresidents new text end under the age of 18 that have not previously been selected. 79.26This subdivision does not authorize the taking of an antlerless deer by another member 79.27of a party under subdivision 3. 79.28    Sec. 50. Minnesota Statutes 2006, section 97B.301, is amended by adding a 79.29subdivision to read: 79.30     new text begin Subd. 8. new text end new text begin Sale of multiple zone or multiple season licenses. new text end new text begin If the commissioner new text end 79.31 new text begin adopts rules on deer zones, or seasons that eliminate the need for purchasing an all season new text end 79.32 new text begin deer or multizone license, then the commissioner is not required to offer all season deer or new text end 79.33 new text begin multizone licenses for sale. new text end 80.1    Sec. 51. Minnesota Statutes 2007 Supplement, section 97B.328, is amended to read: 80.297B.328 BAITING PROHIBITED. 80.3     new text begin Subdivision 1. new text end new text begin Hunting with aid of bait or feed prohibited. new text end (a) A person may 80.4not hunt deer: 80.5    (1) with the aid or use of bait new text begin or feed new text end ; new text begin or new text end 80.6    (2) in the vicinity of bait new text begin or feed new text end if the person knows or has reason to know that 80.7bait new text begin or feed new text end is present; or new text begin . new text end 80.8    (3) in the vicinity of where the person has placed bait or caused bait to be placed 80.9within the previous ten days. 80.10    (b) This restriction does not apply to: 80.11     new text begin Subd. 2. new text end new text begin Removal of bait. new text end new text begin An area is considered baited for ten days after the new text end 80.12 new text begin complete removal of all bait or feed. new text end 80.13     new text begin Subd. 3. new text end new text begin Definition. new text end new text begin For purposes of this section, "bait or feed" includes grains, new text end 80.14 new text begin fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and new text end 80.15 new text begin that has been placed by a person. Liquid scents, salt, minerals, and bird feeders containing new text end 80.16 new text begin grains or nuts that are at least six feet above the ground are not bait or feed. new text end 80.17    (1) Food resulting from normal or accepted farming, forest management, wildlife 80.18food plantings, orchard management, or other similar land management activities; or new text begin new text end 80.19 new text begin is not bait or feed. new text end 80.20     new text begin Subd. 4. new text end new text begin Exception for bait or feed on adjacent land. new text end (2) A person new text begin otherwise new text end 80.21 new text begin in compliance with this section who is new text end hunting on the person's own new text begin private or public new text end 80.22property, when new text begin that is adjacent to property where bait or feed is present is not in violation new text end 80.23 new text begin of this section if new text end the person has not participated in, been involved with, or agreed to 80.24 new text begin baiting or new text end feeding wildlife on new text begin the new text end adjacent land owned by another person new text begin property new text end . 80.25    Sec. 52. Minnesota Statutes 2006, section 97B.401, is amended to read: 80.2697B.401 BEAR LICENSE REQUIRED. 80.27    A person may not take bear without a bear license except as provided in section 80.2897B.415 to protect property. new text begin A person may not place bait for bears on or after the Friday new text end 80.29 new text begin nearest August 14 unless the person has a bear license or is operating under the direction new text end 80.30 new text begin of a person with a valid bear license. new text end 80.31    Sec. 53. Minnesota Statutes 2006, section 97B.405, is amended to read: 80.3297B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 81.1     new text begin (a) new text end The commissioner may limit the number of persons that may hunt bear in an 81.2area, if it is necessary to prevent an overharvest or improve the distribution of hunters. 81.3The commissioner may establish, by rule, a method, including a drawing, to impartially 81.4select the hunters for an area. The commissioner shall give preference to hunters that have 81.5previously applied and have not been selected. 81.6     new text begin (b) In the case of a drawing, the commissioner shall allow a person to apply for a new text end 81.7 new text begin permit in more than one area at the same time and rank the person's choice of area. new text end 81.8    Sec. 54. Minnesota Statutes 2006, section 97B.425, is amended to read: 81.997B.425 BAITING BEARS. 81.10    Notwithstanding section 609.68, a person may place bait to take bear and must 81.11display a tag at each site where bait is placed and register the sites. The commissioner 81.12shall prescribe the method of tagging and registering the sites. new text begin The tag displayed at each new text end 81.13 new text begin site where bait is placed must contain identification information for a licensed bear hunter new text end 81.14 new text begin or a licensed bear outfitter. A person must have the license identification number of the new text end 81.15 new text begin person with the bear license in their possession or be a licensed bear outfitter while new text end 81.16 new text begin attending a bear bait station. new text end To attract bear a person may not use a bait with: 81.17    (1) a carcass from a mammal, if the carcass contains more than 25 percent of the 81.18intact carcass; 81.19    (2) meat from mammals, if the meat contains bones; 81.20    (3) bones of mammals; 81.21    (4) solid waste containing bottles, cans, plastic, paper, or metal; 81.22    (5) materials that are not readily biodegradable; or 81.23    (6) any part of a swine, except cured pork. 81.24    Sec. 55. Minnesota Statutes 2006, section 97B.431, is amended to read: 81.2597B.431 BEAR HUNTING GUIDES new text begin OUTFITTERS new text end . 81.26     new text begin (a) new text end A person may not place bait for bear, or guide hunters to take bear, for 81.27compensation without a bear hunting guide new text begin outfitter new text end license. A bear hunting guide new text begin outfitter new text end 81.28is not required to have a license to take bear unless the guide new text begin outfitter new text end is attempting 81.29to shoot a bear. The commissioner shall adopt rules for qualifications for issuance and 81.30administration of the licenses. 81.31     new text begin (b) The commissioner shall establish a resident master bear hunting outfitter license new text end 81.32 new text begin under which one person serves as the bear hunting outfitter and one other person is eligible new text end 81.33 new text begin to guide and bait bear. Additional persons may be added to the license and are eligible to new text end 81.34 new text begin guide and bait bear under the license, provided the additional fee under section 97A.475, new text end 82.1 new text begin subdivision 16, is paid for each person added. The commissioner shall adopt rules for new text end 82.2 new text begin qualifications for issuance and administration of the licenses. new text end 82.3    Sec. 56. Minnesota Statutes 2006, section 97B.621, subdivision 3, is amended to read: 82.4    Subd. 3. Nighttime hunting restrictions. To take raccoons between new text begin one-half hour new text end 82.5 new text begin after new text end sunset and new text begin one-half hour before new text end sunrise, a person: 82.6    (1) must be on foot; 82.7    (2) may use an artificial light only if hunting with dogs; 82.8    (3) may not use a rifle other than one of a .22 inch caliber with .22 short, long, or 82.9long rifle, rimfire ammunition new text begin may use a handgun or rifle capable of firing only rimfire new text end 82.10 new text begin cartridges of .17 or .22 caliber, including .22 magnum new text end ; and 82.11    (4) may not use shotgun shells with larger new text begin diameter of shot new text end than No. 4 shot. 82.12    Sec. 57. Minnesota Statutes 2006, section 97B.711, subdivision 1, is amended to read: 82.13    Subdivision 1. Seasons for certain upland game birds. (a) The commissioner 82.14may, by rule, prescribe an open season in designated areas between September 16 and 82.15January 3 for: 82.16    (1) pheasant; 82.17    (2) ruffed grouse; 82.18    (3) sharp tailed grouse; 82.19    (4) Canada spruce grouse; 82.20    (5) prairie chicken; 82.21    (6) gray partridge; 82.22    (7) bob-white quail; and 82.23    (8) turkey. 82.24    (b) The commissioner may by rule prescribe an open season for turkey in the spring. 82.25     new text begin (c) The commissioner shall allow a four-week fall season for turkey in the area new text end 82.26 new text begin designated as turkey permit area 601 as of the 2008 season. All applicable local and state new text end 82.27 new text begin regulations apply. new text end 82.28    Sec. 58. Minnesota Statutes 2006, section 97B.721, is amended to read: 82.2997B.721 LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 82.30TURKEY; TAGGING AND REGISTRATION REQUIREMENTS. 82.31    (a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person 82.32may not take a turkey without possessing a turkey license and a turkey stamp validation. 83.1    (b) The requirement in paragraph (a) to have a turkey stamp validation does not 83.2apply to persons under age 18. An unlicensed adult age 18 or older may assist a licensed 83.3wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while 83.4assisting a hunter under this paragraph and may not charge a fee for the assistance. 83.5    (c) The commissioner may by rule prescribe requirements for the tagging and 83.6registration of turkeys. 83.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 83.8    Sec. 59. Minnesota Statutes 2006, section 97C.205, is amended to read: 83.997C.205 TRANSPORTING AND STOCKING FISH. 83.10    (a) Except on the water body where taken, a person may not transport a live fish in a 83.11quantity of water sufficient to keep the fish alive, unless the fish: 83.12    (1) is being transported under an aquaculture license as authorized under sections 83.1317.4985 and 17.4986; 83.14    (2) is being transported for a fishing contest weigh-in under section 97C.081; 83.15    (3) is a minnow being transported under section 97C.505 or 97C.515; 83.16    (4) is being transported by a commercial fishing license holder under section 83.1797C.821 ; or 83.18    (5) is being transported as otherwise authorized in this section. 83.19    (b) The commissioner may adopt rules to allow and regulate: 83.20    (1) the transportation of fish and fish eggs; and 83.21    (2) the stocking of waters with fish or fish eggs. 83.22     new text begin (c) The commissioner must allow the possession of fish on special management or new text end 83.23 new text begin experimental waters to be prepared as a meal on the ice or on the shore of that water new text end 83.24 new text begin body if the fish: new text end 83.25     new text begin (1) were lawfully taken; new text end 83.26     new text begin (2) have been packaged by a licensed fish packer; and new text end 83.27     new text begin (3) do not otherwise exceed the statewide possession limits. new text end 83.28    (c) new text begin (d) new text end The commissioner shall prescribe rules designed to encourage local sporting 83.29organizations to propagate game fish by using rearing ponds. The rules must: 83.30    (1) prescribe methods to acquire brood stock for the ponds by seining public waters; 83.31    (2) allow the sporting organizations to own and use seines and other necessary 83.32equipment; and 83.33    (3) prescribe methods for stocking the fish in public waters that give priority to the 83.34needs of the community where the fish are reared and the desires of the organization 83.35operating the rearing pond. 84.1    (d) new text begin (e) new text end A person age 16 or under may, for purposes of display in a home aquarium, 84.2transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, 84.3white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, 84.4yellow, and brown bullheads taken by angling. No more than four of each species may 84.5be transported at any one time, and any individual fish can be no longer than ten inches 84.6in total length. 84.7    Sec. 60. new text begin [97C.303] CONSERVATION ANGLING LICENSE. new text end 84.8     new text begin Subdivision 1. new text end new text begin Availability. new text end new text begin The commissioner shall make available a conservation new text end 84.9 new text begin angling license according to this section. Conservation angling licenses shall be offered new text end 84.10 new text begin for resident individuals and resident married couples. new text end 84.11     new text begin Subd. 2. new text end new text begin Daily and possession limits. new text end new text begin Daily and possession limits for fish taken new text end 84.12 new text begin under a conservation angling license are one-half the daily and possession limits for the new text end 84.13 new text begin corresponding fish taken under a standard angling license, rounded down to the next new text end 84.14 new text begin whole number if necessary. new text end 84.15     new text begin Subd. 3. new text end new text begin License fee. new text end new text begin The fee for a conservation angling license issued under this new text end 84.16 new text begin section is two-thirds of the corresponding standard angling license fee under section new text end 84.17 new text begin 97A.475, subdivision 6, rounded to the nearest whole dollar. new text end 84.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 84.19    Sec. 61. Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 2, is 84.20amended to read: 84.21    Subd. 2. License required. A person may not take fish from new text begin leave new text end a dark house 84.22or fish house that is left unattended on the ice overnight new text begin at any time between midnight new text end 84.23 new text begin and one hour before sunrise new text end unless the house is licensed and has a license tag attached 84.24to the exterior in a readily visible location, except as provided in this subdivision. The 84.25commissioner must issue a tag with a dark house or fish house license, marked with a 84.26number to correspond with the license and the year of issue. A dark house or fish house 84.27license is not required of a resident on boundary waters where the adjacent state does not 84.28charge a fee for the same activity. 84.29    Sec. 62. Minnesota Statutes 2006, section 97C.355, subdivision 4, is amended to read: 84.30    Subd. 4. Distance between houses. A person may not erect a dark house or new text begin , new text end fish 84.31house new text begin , or shelter new text end within ten feet of an existing dark house or new text begin , new text end fish house new text begin , or shelter new text end . 84.32    Sec. 63. Minnesota Statutes 2006, section 97C.355, subdivision 7, is amended to read: 85.1    Subd. 7. Dates and times houses may remain on ice. (a) Except as provided in 85.2paragraph (d), A shelter, including a fish house or dark house, may not be on the ice 85.3 new text begin unattended new text end between 12:00 a.m. new text begin midnight new text end and one hour before sunrise after the following 85.4dates: 85.5    (1) the last day of February new text begin first Monday in March new text end , for state waters south of a line 85.6starting at the Minnesota-North Dakota border and formed by rights-of-way of U.S. Route 85.7No. 10, then east along U.S. Route No. 10 to Trunk Highway No. 34, then east along 85.8Trunk Highway No. 34 to Trunk Highway No. 200, then east along Trunk Highway No. 85.9200 to U.S. Route No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin 85.10border; and 85.11    (2) new text begin the third Monday in new text end March 15, for other state waters. 85.12    A shelter, including a fish house or dark house, on the ice in violation of this 85.13subdivision is subject to the enforcement provisions of paragraph (b). The commissioner 85.14may, by rule, change the dates in this paragraph for any part of state waters. Copies of 85.15the rule must be conspicuously posted on the shores of the waters as prescribed by the 85.16commissioner. 85.17    (b) A conservation officer must confiscate a fish house, dark house, or shelter in 85.18violation of paragraph (a). The officer may remove, burn, or destroy the house or shelter. 85.19The officer shall seize the contents of the house or shelter and hold them for 60 days. If the 85.20seized articles have not been claimed by the owner, they may be retained for the use of the 85.21division or sold at the highest price obtainable in a manner prescribed by the commissioner. 85.22    (c) When the last day of February, under paragraph (a), clause (1), or March 15, 85.23under paragraph (a), clause (2), falls on a Saturday, a shelter, including a fish house or 85.24dark house, may be on the ice between 12:00 a.m. and one hour before sunrise until 85.2512:00 a.m. the following Monday. 85.26    (d) A person may have a shelter, including a fish house or dark house, on the ice 85.27between 12:00 a.m. and one hour before sunrise on waters within the area prescribed in 85.28paragraph (a), clause (2), but the house or shelter may not be unattended during those 85.29hours. 85.30    Sec. 64. Minnesota Statutes 2006, section 97C.355, subdivision 7a, is amended to read: 85.31    Subd. 7a. Houses left overnight. A fish house or new text begin , new text end dark house new text begin , or shelter new text end left on the 85.32ice overnight must be marked with reflective material on each side of the house new text begin structure new text end . 85.33The reflective material must measure a total area of no less than two square inches on each 85.34side of the house new text begin structure new text end . Violation of this subdivision is not subject to subdivision 8 85.35or section . 86.1    Sec. 65. Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 8, is 86.2amended to read: 86.3    Subd. 8. Confiscation of unlawful structures; civil penalty. (a) Structures on the 86.4ice in violation of this section may be confiscated and disposed of, retained by the division, 86.5or sold at the highest price obtainable, in a manner prescribed by the commissioner. 86.6    (b) In addition to other penalties provided by law, the owner of a structure left on the 86.7ice in violation of this section is subject to a civil penalty under section 115A.99. 86.8     new text begin (c) This subdivision also applies to structures left on state public access sites for new text end 86.9 new text begin more than 48 hours past the deadlines specified in subdivision 7. new text end 86.10    Sec. 66. Minnesota Statutes 2006, section 97C.371, subdivision 4, is amended to read: 86.11    Subd. 4. Open season. The open season for spearing through the ice is December 1 new text begin new text end 86.12 new text begin November 15 new text end to the last Sunday in February. 86.13    Sec. 67. Minnesota Statutes 2006, section 97C.395, subdivision 1, is amended to read: 86.14    Subdivision 1. Dates for certain species. (a) The open seasons to take fish by 86.15angling are as follows: 86.16    (1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and 86.17smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend 86.18to the last Sunday in February; 86.19    (2) for lake trout, from January 1 to October 31; 86.20    (3) new text begin for the winter season for lake trout on all lakes, from January 15 to March 31; new text end 86.21     new text begin (4) new text end for brown trout, brook trout, rainbow trout, and splake, between January 1 to 86.22October 31 as prescribed by the commissioner by rule except as provided in section 86.2397C.415, subdivision 2 ; and 86.24     new text begin (5) for the winter season for brown trout, brook trout, rainbow trout, and splake on new text end 86.25 new text begin all lakes, from January 15 to March 31; and new text end 86.26    (4) new text begin (6) new text end for salmon, as prescribed by the commissioner by rule. 86.27    (b) The commissioner shall close the season in areas of the state where fish are 86.28spawning and closing the season will protect the resource. 86.29    Sec. 68. Minnesota Statutes 2006, section 97C.401, subdivision 2, is amended to read: 86.30    Subd. 2. Walleye; northern pike. (a) Except as provided in paragraph (b), a person 86.31may take new text begin have new text end no more than one walleye larger than 20 inches and one northern pike 86.32larger than 30 inches daily new text begin in possession new text end . 86.33    (b) The restrictions in paragraph (a) do not apply to boundary waters. 87.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 87.2    Sec. 69. Minnesota Statutes 2006, section 97C.865, subdivision 2, is amended to read: 87.3    Subd. 2. Rules. The commissioner may adopt rules establishing requirements for 87.4labeling and packing fish under a fish packer's license. new text begin The commissioner shall require new text end 87.5 new text begin only the license number of the fish packer, the name and license number of the angler new text end 87.6 new text begin or person who lawfully possesses the fish, the name of the lake on which the fish were new text end 87.7 new text begin caught, the species of fish, and the number of fish to appear on a label. The commissioner new text end 87.8 new text begin must not allow sauger to be labeled as walleye. new text end 87.9    Sec. 70. Minnesota Statutes 2006, section 624.20, subdivision 1, is amended to read: 87.10    Subdivision 1. Regulation. (a) As used in sections 624.20 to 624.25, the term 87.11"fireworks" means any substance or combination of substances or article prepared 87.12for the purpose of producing a visible or an audible effect by combustion, explosion, 87.13deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in 87.14which explosives are used, the type of balloons which require fire underneath to propel 87.15them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other 87.16than those specified in paragraph (c), or other fireworks of like construction, and any 87.17fireworks containing any explosive or inflammable compound, or any tablets or other 87.18device containing any explosive substance and commonly used as fireworks. 87.19    (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps 87.20containing 25/100 grains or less of explosive compound are used and toy pistol caps 87.21which contain less than 20/100 grains of explosive mixture. 87.22    (c) The term also does not include wire or wood sparklers of not more than 100 87.23grams of mixture per item, other sparkling items which are nonexplosive and nonaerial 87.24and contain 75 grams or less of chemical mixture per tube or a total of 200 new text begin 500 new text end grams 87.25or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers 87.26which include paper streamers, party poppers, string poppers, snappers, and drop pops, 87.27each consisting of not more than twenty-five hundredths grains of explosive mixture. The 87.28use of items listed in this paragraph is not permitted on public property. This paragraph 87.29does not authorize the purchase of items listed in it by persons younger than 18 years 87.30of age. The age of a purchaser of items listed in this paragraph must be verified by 87.31photographic identification. 87.32    (d) A local unit of government may impose an annual license fee for the retail 87.33sale of items authorized under paragraph (c). The annual license fee of each retail seller 87.34that is in the business of selling only the items authorized under paragraph (c) may not 88.1exceed $350, and the annual license of each other retail seller may not exceed $100. A 88.2local unit of government may not: 88.3    (1) impose any fee or charge, other than the fee authorized by this paragraph, on the 88.4retail sale of items authorized under paragraph (c); 88.5    (2) prohibit or restrict the display of items for permanent or temporary retail sale 88.6authorized under paragraph (c) that comply with National Fire Protection Association 88.7Standard 1124 (2003 edition); or 88.8    (3) impose on a retail seller any financial guarantee requirements, including bonding 88.9or insurance provisions, containing restrictions or conditions not imposed on the same 88.10basis on all other business licensees. 88.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 88.12    Sec. 71. new text begin MASTER ANGLER PROPOSAL; APPROPRIATION. new text end 88.13     new text begin (a) By January 15, 2009, the commissioner of natural resources, after consultation new text end 88.14 new text begin with the director of Explore Minnesota Tourism and interested stakeholders, shall submit a new text end 88.15 new text begin proposal to improve, expand, and promote the master angler program. new text end 88.16     new text begin (b) $10,000 in fiscal year 2009 from the game and fish fund is appropriated to the new text end 88.17 new text begin commissioner of natural resources for development of the proposal in paragraph (a). new text end 88.18    Sec. 72. new text begin BEAR HUNTING PERMIT DRAWING; RULEMAKING. new text end 88.19     new text begin The commissioner of natural resources shall adopt rules to comply with the changes new text end 88.20 new text begin made to Minnesota Statutes, section 97B.405. The commissioner may use the good cause new text end 88.21 new text begin exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt new text end 88.22 new text begin the rules. Minnesota Statutes, section 14.386, does not apply except as provided in new text end 88.23 new text begin Minnesota Statutes, section 14.388. new text end 88.24    Sec. 73. new text begin WILD TURKEY HUNTING MANAGEMENT RECOMMENDATIONS. new text end 88.25     new text begin The commissioner of natural resources, in consultation with the National new text end 88.26 new text begin Wild Turkey Federation, shall, by January 15, 2009, provide the legislature with new text end 88.27 new text begin recommendations for future management of hunting wild turkeys in Minnesota. new text end 88.28    Sec. 74. new text begin RULES. new text end 88.29     new text begin The commissioner of natural resources shall adopt rules in compliance with the new text end 88.30 new text begin changes to Minnesota Statutes, sections 97C.205 and 97C.865, subdivision 2. The rules new text end 88.31 new text begin required by this section are exempt from the rulemaking provisions of Minnesota Statutes, new text end 88.32 new text begin chapter 14. The rules are subject to Minnesota Statutes, section 14.386, except that new text end 88.33 new text begin notwithstanding Minnesota Statutes, section 14.386, paragraph (b), the rules continue new text end 89.1 new text begin in effect until repealed or superseded by other law or rule. As part of this rulemaking, new text end 89.2 new text begin the commissioner shall: new text end 89.3     new text begin (1) amend Minnesota Rules, part 6262.3250, by deleting item A and amending the new text end 89.4 new text begin part so that labels required under item D are consistent with the new requirements in new text end 89.5 new text begin Minnesota Statutes, section 97C.865, subdivision 2; and new text end 89.6     new text begin (2) amend Minnesota Rules, part 6262.0100, to allow the possession of fish on new text end 89.7 new text begin special management or experimental waters for a meal, as provided in Minnesota Statutes, new text end 89.8 new text begin section 97C.205. new text end 89.9    Sec. 75. new text begin DISABLED HUNTING REPORT. new text end 89.10     new text begin By January 1, 2009, the commissioner of natural resources shall report to the new text end 89.11 new text begin chairs of the senate and house of representatives committees with jurisdiction over the new text end 89.12 new text begin environment and natural resources on changes, including any statutory changes, necessary new text end 89.13 new text begin to simplify the process for obtaining disabled hunting permits and for landowners to allow new text end 89.14 new text begin hunts on their land for the disabled. The commissioner shall work with nonprofit groups new text end 89.15 new text begin and other interested parties in simplifying the process. new text end 89.16    Sec. 76. new text begin MINNESOTA MOOSE MANAGEMENT AND RESEARCH PLAN. new text end 89.17     new text begin The commissioner of natural resources shall consult with research scientists, wildlife new text end 89.18 new text begin managers, tribal interests, other agencies with moose research and management expertise, new text end 89.19 new text begin and other key stakeholder groups on the development of a moose management and new text end 89.20 new text begin research plan for Minnesota. The plan shall address moose populations and habitats, new text end 89.21 new text begin including, but not limited to, the northwest Minnesota herd; likely causes of observed new text end 89.22 new text begin changes and trends; moose habitat and hunting management; and monitoring, research, and new text end 89.23 new text begin evaluation needs. The plan shall establish future moose management and research goals new text end 89.24 new text begin and strategies within the context of habitat and climate trends in Minnesota. By January new text end 89.25 new text begin 15, 2009, the commissioner shall provide a progress report on the plan to the senate and new text end 89.26 new text begin house of representatives committees with jurisdiction over natural resource policy. new text end 89.27    Sec. 77. new text begin WALLEYE STOCKING. new text end 89.28     new text begin The commissioner of natural resources shall stock 22,500,000 additional walleye fry new text end 89.29 new text begin in calendar year 2009 and 22,500,000 additional walleye fry in calendar year 2010. This new text end 89.30 new text begin stocking shall be in a lake where the commissioner is studying the effects of cormorant new text end 89.31 new text begin control and the lack of natural reproduction of the walleye. The commissioner of natural new text end 89.32 new text begin resources may stock the lake at the commissioner's discretion in calendar year 2011. new text end 89.33    Sec. 78. new text begin UNCASED FIREARMS REPORT. new text end 90.1     new text begin (a) The commissioner of natural resources shall submit a report funded by the game new text end 90.2 new text begin and fish fund to the legislature by January 1, 2009, on uncased firearms for the purposes new text end 90.3 new text begin of hunting, predator control, and trapping. new text end 90.4     new text begin (b) The report must comply with Minnesota Statutes, sections 3.195 and 3.197, and new text end 90.5 new text begin be submitted to the chairs of the house and senate committees with jurisdiction over the new text end 90.6 new text begin environment and natural resources. The commissioner may include additional information new text end 90.7 new text begin that the commissioner feels is important to this issue. new text end 90.8    Sec. 79. new text begin COCK PHEASANT BAG LIMIT; RULEMAKING. new text end 90.9     new text begin The commissioner of natural resources shall amend Minnesota Rules, part new text end 90.10 new text begin 6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day and new text end 90.11 new text begin nine in possession beginning on December 1, until the end of the pheasant season. The new text end 90.12 new text begin commissioner may use the good cause exemption under Minnesota Statutes, section new text end 90.13 new text begin 14.388, subdivision 1, clause (3), to adopt the rule and Minnesota Statutes, section 14.386, new text end 90.14 new text begin does not apply, except as provided under Minnesota Statutes, section 14.388. new text end 90.15    Sec. 80. new text begin OUTDOOR EDUCATION WORKING GROUP. new text end 90.16     new text begin (a) The commissioner of natural resources shall coordinate a working group with the new text end 90.17 new text begin commissioner of education to report recommendations to the legislature on the teaching of new text end 90.18 new text begin outdoor education in grades 7 through 12. new text end 90.19     new text begin (b) Each commissioner shall designate members of the working group and shall new text end 90.20 new text begin include at least one parent, one representative of higher education, one outdoor educator, new text end 90.21 new text begin and one representative from a sportsman or wildlife organization. The appointments and new text end 90.22 new text begin designations must be completed by August 1, 2008. new text end 90.23     new text begin (c) The working group must report recommendations, proposed changes, sources new text end 90.24 new text begin of funding, and draft legislation to the legislative committees with jurisdiction over new text end 90.25 new text begin kindergarten through grade 12 education policy and finance, and environment policy and new text end 90.26 new text begin environment finance by January 15, 2009. The working group expires June 30, 2009. new text end 90.27    Sec. 81. new text begin APPROPRIATIONS. new text end 90.28     new text begin (a) $102,000 in fiscal year 2009 is appropriated from the game and fish fund to the new text end 90.29 new text begin commissioner of natural resources for the development of aquaculture best management new text end 90.30 new text begin practices. The base in fiscal year 2010 is $150,000. The base for fiscal year 2011 is $0. new text end 90.31     new text begin (b) $123,000 in fiscal year 2008 and $246,000 in fiscal year 2009 from the game and new text end 90.32 new text begin fish fund are appropriated to the commissioner of natural resources to implement fish virus new text end 90.33 new text begin surveillance, prepare infrastructure to handle possible outbreaks, and implement control new text end 90.34 new text begin procedures for highest risk waters and fish production operations. This is a onetime new text end 91.1 new text begin appropriation. If an appropriation for the same purpose is enacted in 2008 H.F. No. 1812, new text end 91.2 new text begin or another bill, the comparable appropriation in that act is void. new text end 91.3     new text begin (c) $128,000 is appropriated in fiscal year 2009 from the game and fish fund for new text end 91.4 new text begin walleye stocking. This is a onetime appropriation. new text end 91.5    Sec. 82. new text begin REPEALER. new text end 91.6 new text begin Minnesota Statutes 2006, section 97A.411, subdivision 2, new text end new text begin and new text end new text begin Minnesota Rules, new text end 91.7 new text begin parts 6232.0200, subpart 4; 6232.0300, subpart 4; and 6234.0100, subpart 4, new text end new text begin are repealed. new text end 91.8ARTICLE 3 91.9LAKE VERMILION STATE PARK 91.10    Section 1. Minnesota Statutes 2006, section 85.012, is amended by adding a 91.11subdivision to read: 91.12     new text begin Subd. 38a. new text end new text begin Lake Vermilion State Park, St. Louis County. new text end 91.13    Sec. 2. new text begin LAKE VERMILION STATE PARK. new text end 91.14     new text begin Subdivision 1. new text end new text begin Lake Vermilion State Park. new text end new text begin Lake Vermilion State Park is new text end 91.15 new text begin established in St. Louis County. new text end 91.16     new text begin Subd. 2. new text end new text begin Management. new text end new text begin All lands acquired for Lake Vermilion State Park must be new text end 91.17 new text begin administered in the same manner as provided for other state parks and must be perpetually new text end 91.18 new text begin dedicated for that use. new text end 91.19     new text begin Subd. 3. new text end new text begin Boundaries. new text end new text begin The following described lands are located within the new text end 91.20 new text begin boundaries of Lake Vermilion State Park: new text end 91.21     new text begin (1) Government Lots 4, 5, 6, 7, 8, 9, and the South Half of the Southeast Quarter, all new text end 91.22 new text begin in Section 13, Township 62 North, Range 15 West; new text end 91.23     new text begin (2) Government Lots 6 and 8, Section 14, Township 62 North, Range 15 West; new text end 91.24     new text begin (3) Government Lots 1 and 7 and the Northeast Quarter of the Southeast Quarter, all new text end 91.25 new text begin in Section 22, Township 62 North, Range 15 West; new text end 91.26     new text begin (4) Government Lots 1, 2, 3, 4, the Southeast Quarter of the Northeast Quarter, and new text end 91.27 new text begin the South Half, all in Section 23, Township 62 North, Range 15 West; new text end 91.28     new text begin (5) all of Section 24, Township 62 North, Range 15 West; new text end 91.29     new text begin (6) all of Section 25, Township 62 North, Range 15 West; new text end 91.30     new text begin (7) all of Section 26, Township 62 North, Range 15 West, excepting therefrom new text end 91.31 new text begin all that part of the Southeast Quarter of the Southwest Quarter lying South of the south new text end 91.32 new text begin right-of-way line of State Highway 169 and also excepting therefrom the East 845 feet of new text end 92.1 new text begin the Southwest Quarter of the Southwest Quarter lying South of the south right-of-way new text end 92.2 new text begin line of State Highway 169; new text end 92.3     new text begin (8) the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the new text end 92.4 new text begin Southeast Quarter of Section 27, Township 62 North, Range 15 West; new text end 92.5     new text begin (9) the Southeast Quarter of the Northeast Quarter of Section 29, Township 62 new text end 92.6 new text begin North, Range 15 West, except that part lying South of the centerline of the McKinley new text end 92.7 new text begin Park Road; and new text end 92.8     new text begin (10) Government Lots 1 and 2 and the East Half of the Northwest Quarter, Section new text end 92.9 new text begin 19, Township 62 North, Range 14 West. new text end 92.10     new text begin Subd. 4. new text end new text begin Annual payments. new text end new text begin (a) Beginning in fiscal year 2010, in lieu of the new text end 92.11 new text begin payment amount provided under Minnesota Statutes, section 477A.12, subdivision new text end 92.12 new text begin 1, clause (1), the county shall receive an annual payment for land acquired for Lake new text end 92.13 new text begin Vermilion State Park equal to 1.5 percent of the appraised value of the land. new text end 92.14     new text begin (b) For the purposes of this subdivision, the appraised value of the land acquired for new text end 92.15 new text begin Lake Vermilion State Park for the first five years after acquisition shall be the purchase new text end 92.16 new text begin price of the land, plus the value of any portion of the land that is acquired by donation. new text end 92.17 new text begin The appraised value must be redetermined by the county assessor every five years after new text end 92.18 new text begin the land is acquired. new text end 92.19     new text begin (c) The annual payments under this subdivision shall be distributed to the taxing new text end 92.20 new text begin jurisdictions containing the property as follows: one-third to the school districts; one-third new text end 92.21 new text begin to the town; and one-third to the county. The payment to school districts is not a county new text end 92.22 new text begin apportionment under section 127A.34 and is not subject to aid recapture. Each of those new text end 92.23 new text begin taxing jurisdictions may use the payments for their general purposes. new text end 92.24     new text begin (d) Except as provided in this subdivision, the payments shall be made as provided new text end 92.25 new text begin in Minnesota Statutes, sections 477A.11 to 477A.13. new text end 92.26     new text begin (e) Article 2, section 11, of 2008 H.F. No. 3149, if enacted, is repealed. new text end 92.27    Sec. 3. new text begin EFFECTIVE DATE. new text end 92.28     new text begin Sections 1 and 2 are effective upon acquisition by the state by purchase or by gift of new text end 92.29 new text begin all lands described in section 2, subdivision 3. new text end " 92.30Delete the title and insert: 92.31"A bill for an act 92.32relating to natural resources; modifying provisions for sale of surplus state land; 92.33creating a Minnesota forests for the future program; providing for alternative 92.34recording of state forest roads; providing for certain wetland banking credits; 92.35modifying provisions related to aquatic farms; providing for expedited exchanges 92.36of public land; providing for consultation on certain unallotments; adding to and 92.37deleting from state parks, recreation areas, and forests; providing for public and 93.1private sales, conveyances, leases, and exchanges of certain state land; modifying 93.2Minnesota critical habitat private sector matching account; modifying timber 93.3permit provisions; modifying outdoor recreation system; modifying authority 93.4to convey private easements on tax-forfeited land; authorizing certain leases 93.5of tax-forfeited and other state lands; modifying invasive species provisions; 93.6authorizing certain fees; modifying horse trail pass requirements; modifying 93.7disposition of pheasant habitat improvement account; modifying wild turkey 93.8management account; providing for a voluntary walleye stamp; modifying 93.9hunting and fishing licensing and taking provisions; modifying fireworks 93.10regulation; establishing the Lessard Outdoor Heritage Council; requiring 93.11reports; providing for rulemaking; establishing Lake Vermilion State Park; 93.12appropriating money;amending Minnesota Statutes 2006, sections 16B.281, 93.13subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2; 17.4981; 93.1484.027, subdivision 15; 84.943, subdivision 5; 84D.10, subdivision 2; 84D.13, 93.15subdivision 4; 85.012, by adding a subdivision; 85.46, subdivision 1; 86A.04; 93.1686A.08, subdivision 1; 89.715; 90.151, subdivision 1; 97A.015, subdivisions 93.1732a, 41a, by adding a subdivision; 97A.045, subdivision 7; 97A.055, subdivision 93.184b; 97A.075, subdivisions 1, 4, 5, by adding a subdivision; 97A.311, subdivision 93.195; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, subdivision 2; 93.2097A.451, subdivision 4; 97A.473, subdivision 2; 97A.474, subdivision 2; 93.2197A.475, subdivision 5, by adding a subdivision; 97A.485, subdivision 6; 93.2297A.535, subdivision 1; 97B.015, subdivision 5; 97B.041; 97B.071; 97B.106, 93.23subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions 1, 2, 4, 6, 93.24by adding a subdivision; 97B.401; 97B.405; 97B.425; 97B.431; 97B.621, 93.25subdivision 3; 97B.711, subdivision 1; 97B.721; 97C.205; 97C.355, subdivisions 93.264, 7, 7a; 97C.371, subdivision 4; 97C.395, subdivision 1; 97C.401, subdivision 93.272; 97C.865, subdivision 2; 282.04, subdivision 4a; 325D.55, subdivision 1; 93.28624.20, subdivision 1; Minnesota Statutes 2007 Supplement, sections 10A.01, 93.29subdivision 35; 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, 93.30subdivision 2; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.473, 93.31subdivision 5; 97A.475, subdivisions 2, 3, 3a, 16; 97B.031, subdivision 1; 93.3297B.035, subdivision 1a; 97B.036; 97B.328; 97C.355, subdivisions 2, 8; Laws 93.332005, chapter 161, section 25; Laws 2006, chapter 236, article 1, section 43; 93.34proposing coding for new law in Minnesota Statutes, chapters 84; 94; 97A; 97C; 93.35103G; repealing Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, 5; 93.3616B.285; 97A.411, subdivision 2; Minnesota Rules, parts 6232.0200, subpart 4; 93.376232.0300, subpart 4; 6234.0100, subpart 4." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Satveer S. Chaudhary, Ellen R. Anderson, Tom Saxhaug, Dennis R. Frederickson, Steve DilleHouse Conferees: (Signed) David Dill, Jean Wagenius, Cy Thao, Frank Moe, Denny McNamara 94.1 We request the adoption of this report and repassage of the bill. 94.2 Senate Conferees:(Signed) 94.3 ..... ..... 94.4 Satveer S. Chaudhary Ellen R. Anderson 94.5 ..... ..... 94.6 Tom Saxhaug Dennis R. Frederickson 94.7 ..... 94.8 Steve Dille 94.9 House Conferees:(Signed) 94.10 ..... ..... 94.11 David Dill Jean Wagenius 94.12 ..... ..... 94.13 Cy Thao Frank Moe 94.14 ..... 94.15 Denny McNamara