SF 2651

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

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

1.1A bill for an act 1.2relating to natural resources; modifying Minnesota critical habitat private sector 1.3matching account; modifying certain enforcement authority; modifying timber 1.4permit provisions; providing for expedited exchanges of public land; modifying 1.5outdoor recreation system; adding to and deleting from state parks, recreation 1.6areas, and forests; providing for public and private sales, conveyances, and 1.7exchanges of certain state land; providing for certain leases of and easements on 1.8tax-forfeited and other state lands; modifying aquatic farm and invasive species 1.9provisions; authorizing certain fees; modifying horse trail pass requirements; 1.10modifying report requirements for game and fish fund; modifying disposition 1.11of pheasant habitat improvement account; modifying wild turkey management 1.12account; modifying hunting and fishing licensing and taking provisions; 1.13modifying fireworks regulation; requiring reports; providing for rulemaking; 1.14establishing an Outdoor Heritage Council; appropriating money;amending 1.15Minnesota Statutes 2006, sections 17.4981; 84.027, subdivision 15; 84.943, 1.16subdivision 5; 84D.10, subdivision 2; 84D.13, subdivision 4; 85.46, subdivision 1.171; 86A.04; 86A.08, subdivision 1; 90.151, subdivision 1; 97A.015, by adding 1.18a subdivision; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311, 1.19subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, 1.20subdivision 2; 97A.451, subdivision 4, by adding a subdivision; 97A.475, 1.21subdivision 5; 97A.485, subdivision 6; 97A.535, subdivision 1; 97B.015, 1.22subdivision 5; 97B.041; 97B.106, subdivision 1; 97B.211, subdivision 1; 1.2397B.301, subdivision 6, by adding a subdivision; 97B.405; 97B.431; 97B.621, 1.24subdivision 3; 97B.711, subdivision 1; 97B.721; 97C.001, subdivision 3; 1.2597C.005, subdivision 3; 97C.205; 97C.315, subdivision 1; 97C.355, subdivisions 1.264, 7, 7a; 97C.371, subdivision 4, by adding a subdivision; 97C.395, subdivision 1.271; 97C.401, subdivision 2; 97C.865, subdivision 2; 282.04, subdivision 4a; 1.28624.20, subdivision 1; Minnesota Statutes 2007 Supplement, sections 10A.01, 1.29subdivision 35; 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, 1.30subdivision 2; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.475, 1.31subdivisions 2, 3, 7, 12, 16; 97B.031, subdivision 1; 97B.035, subdivision 1a; 1.3297B.036; 97B.328; 97C.355, subdivisions 2, 8; Laws 2006, chapter 236, article 1.331, section 43; proposing coding for new law in Minnesota Statutes, chapters 1.3484B; 94; 97A; 97C; repealing Minnesota Statutes 2006, section 97A.411, 1.35subdivision 2; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart 1.364; 6234.0100, subpart 4. 1.37BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2STATE LANDS 2.3    Section 1. Minnesota Statutes 2006, section 84.943, subdivision 5, is amended to read: 2.4    Subd. 5. Pledges and contributions. The commissioner of natural resources may 2.5accept contributions and pledges to the critical habitat private sector matching account. 2.6A pledge that is made contingent on an appropriation is acceptable and shall be reported 2.7with other pledges as required in this section. new text begin The commissioner may agree to match a new text end 2.8 new text begin contribution contingent on a future appropriation. new text end In the budget request for each biennium, 2.9the commissioner shall report the balance of contributions in the account and the amount 2.10that has been pledged for payment in the succeeding two calendar years. 2.11    Money in the account is appropriated to the commissioner of natural resources only 2.12for the direct acquisition or improvement of land or interests in land as provided in section 2.1384.944 . To the extent of available appropriations other than bond proceeds, the money 2.14matched to the nongame wildlife management account may be used for the management 2.15of nongame wildlife projects as specified in section 290.431. Acquisition includes: (1) 2.16purchase of land or an interest in land by the commissioner; or (2) acceptance by the 2.17commissioner of gifts of land or interests in land as program projects. 2.18    Sec. 2. new text begin [84B.062] ENFORCEMENT OF FEDERAL LAWS. new text end 2.19     new text begin A state employee shall not enforce federal laws or regulations pertaining to speed new text end 2.20 new text begin limits on snowmobiles or all-terrain vehicles, to the prohibition of all-terrain vehicles, or new text end 2.21 new text begin to the prohibition of commercial float planes or ski planes on the navigable waters within new text end 2.22 new text begin Voyageurs National Park under the state's jurisdiction as described in section 84B.061. new text end 2.23    Sec. 3. Minnesota Statutes 2006, section 86A.04, is amended to read: 2.2486A.04 COMPOSITION OF SYSTEM. 2.25    The outdoor recreation system shall consist of all state parks; state recreation areas; 2.26state trails established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and 2.2785.0156 ; state scientific and natural areas; state wilderness areas; state forests; state 2.28wildlife management areas; new text begin state aquatic management areas; new text end state water access sites, 2.29which include all lands and facilities established by the commissioner of natural resources 2.30or the commissioner of transportation to provide public access to water; state wild, scenic, 2.31and recreational rivers; state historic sites; state rest areas, which include all facilities 2.32established by the commissioner of transportation for the safety, rest, comfort and use 2.33of the highway traveler, and shall include all existing facilities designated as rest areas 3.1and waysides by the commissioner of transportation; and any other units not listed in 3.2this section that are classified under section 86A.05. Each individual state park, state 3.3recreation area, and so forth is called a "unit." 3.4    Sec. 4. Minnesota Statutes 2006, section 86A.08, subdivision 1, is amended to read: 3.5    Subdivision 1. Secondary authorization; when permitted. A unit of the outdoor 3.6recreation system may be authorized wholly or partially within the boundaries of another 3.7unit only when the authorization is consistent with the purposes and objectives of the 3.8respective units and only in the instances permitted below: 3.9    (a) The following units may be authorized wholly or partially within a state park: 3.10historic site, scientific and natural area, wilderness area, wild, scenic, and recreational 3.11river, trail, rest area, new text begin aquatic management area, new text end and water access site. 3.12    (b) The following units may be authorized wholly or partially within a state 3.13recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, 3.14trail, rest area, new text begin aquatic management area, wildlife management area, new text end and water access site. 3.15    (c) The following units may be authorized wholly or partially within a state forest: 3.16state park, state recreation area, historic site, wildlife management area, scientific and 3.17natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, new text begin aquatic new text end 3.18 new text begin management area, new text end and water access site. 3.19    (d) The following units may be authorized wholly or partially within a state historic 3.20site: wild, scenic, and recreational river, trail, rest area, new text begin aquatic management area, new text end and 3.21water access site. 3.22    (e) The following units may be authorized wholly or partially within a state wildlife 3.23management area: state water access site new text begin and aquatic management area new text end . 3.24    (f) The following units may be authorized wholly or partially within a state wild, 3.25scenic, or recreational river: state park, historic site, scientific and natural area, wilderness 3.26area, trail, rest area, new text begin aquatic management area, new text end and water access site. 3.27    (g) The following units may be authorized wholly or partially within a state rest 3.28area: historic site, trail, wild, scenic, and recreational river, new text begin aquatic management area, new text end 3.29and water access site. 3.30     new text begin (h) The following units may be authorized wholly or partially within an aquatic new text end 3.31 new text begin management area: historic site, scientific and natural area, wild, scenic, and recreational new text end 3.32 new text begin river, and water access site. new text end 3.33    Sec. 5. Minnesota Statutes 2006, section 90.151, subdivision 1, is amended to read: 4.1    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment 4.2for state timber required under section 90.14 or 90.191, the commissioner shall issue a 4.3numbered permit to the purchaser, in a form approved by the attorney general, by the 4.4terms of which the purchaser shall be authorized to enter upon the land, and to cut and 4.5remove the timber therein described as designated for cutting in the report of the state 4.6appraiser, according to the provisions of this chapter. The permit shall be correctly 4.7dated and executed by the commissioner and signed by the purchaser. If a permit is not 4.8signed by the purchaser within 60 days from the date of purchase, the permit cancels 4.9and the down payment for timber required under section 90.14 forfeits to the state. new text begin The new text end 4.10 new text begin commissioner may grant an additional period for the purchaser to sign the permit, not to new text end 4.11 new text begin exceed five business days, provided the purchaser pays a $125 penalty fee. new text end 4.12    (b) The permit shall expire no later than five years after the date of sale as the 4.13commissioner shall specify or as specified under section 90.191, and the timber shall 4.14be cut within the time specified therein. All cut timber, equipment, and buildings not 4.15removed from the land within 90 days after expiration of the permit shall become the 4.16property of the state. 4.17    (c) The commissioner may grant an additional period of time not to exceed 120 days 4.18for the removal of cut timber, equipment, and buildings upon receipt of such request by 4.19the permit holder for good and sufficient reasons. The commissioner may grant a second 4.20period of time not to exceed 120 days for the removal of cut timber, equipment, and 4.21buildings upon receipt of a request by the permit holder for hardship reasons only. 4.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 4.23 new text begin and applies retroactively to permits dated January 1, 2008, and thereafter. new text end 4.24    Sec. 6. new text begin [94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE new text end 4.25 new text begin STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE. new text end 4.26     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 4.27 new text begin exchange of public land ownership. Consolidation of public land reduces management new text end 4.28 new text begin costs and aids in the reduction of forest fragmentation. new text end 4.29     new text begin (b) This section applies to exchanges of land between the state and a governmental new text end 4.30 new text begin subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347 new text end 4.31 new text begin apply only to the extent specified in this section. new text end 4.32     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 4.33 new text begin involved in an expedited exchange under this section are: new text end 4.34     new text begin (1) Class 1 land, which for the purpose of this section is Class A land as defined in new text end 4.35 new text begin section 94.342, subdivision 1, except for: new text end 5.1     new text begin (i) school trust land as defined in section 92.025; and new text end 5.2     new text begin (ii) university land granted to the state by acts of Congress; new text end 5.3     new text begin (2) Class 2 land, which for the purpose of this section is Class B land as defined in new text end 5.4 new text begin section 94.342, subdivision 2; and new text end 5.5     new text begin (3) Class 3 land, which for the purpose of this section is all land owned in fee by new text end 5.6 new text begin a governmental subdivision of the state. new text end 5.7     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 5.8 new text begin the value of all the land shall be determined by the commissioner of natural resources. In new text end 5.9 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 5.10 new text begin by the county board of the county in which the land lies. To determine the value of the new text end 5.11 new text begin land, the parties to the exchange may cause the land to be appraised, utilize the valuation new text end 5.12 new text begin process provided under section 84.0272, subdivision 3, or obtain a market analysis from a new text end 5.13 new text begin qualified real estate broker. Merchantable timber value must be determined and considered new text end 5.14 new text begin in finalizing valuation of the lands. new text end 5.15     new text begin (b) All lands exchanged under this section shall be exchanged only for lands of new text end 5.16 new text begin at least substantially equal value. For the purposes of this subdivision, "substantially new text end 5.17 new text begin equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b). new text end 5.18 new text begin No payment is due either party if the lands are of substantially equal value but are not new text end 5.19 new text begin of the same value. new text end 5.20     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 5.21 new text begin parties to determine that the title is good, with any encumbrances identified. The parties to new text end 5.22 new text begin the exchange may utilize title insurance to aid in the determination. new text end 5.23     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 5.24 new text begin under this section, and the terms and conditions of the exchanges, require the unanimous new text end 5.25 new text begin approval of the Land Exchange Board. new text end 5.26     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 5.27 new text begin made by deed executed by the commissioner of natural resources in the name of the new text end 5.28 new text begin state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the new text end 5.29 new text begin commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by new text end 5.30 new text begin a deed executed by the governing body in the name of the governing authority. new text end 5.31     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 5.32 new text begin 2 or 3 land shall first be delivered to the commissioner of natural resources. Following new text end 5.33 new text begin the recording of the deed, the commissioner of natural resources shall deliver the deed new text end 5.34 new text begin conveying the Class 1 land. new text end 6.1     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 6.2 new text begin shall first be delivered to the county auditor. Following the recording of the deed, the new text end 6.3 new text begin commissioner of revenue shall deliver the deed conveying the Class 2 land. new text end 6.4     new text begin (d) All deeds shall be recorded or registered in the county in which the lands lie. new text end 6.5     new text begin Subd. 7. new text end new text begin Reversionary interest; mineral and water power rights and other new text end 6.6 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 6.7 new text begin this section shall include a reverter that provides that title to the land automatically reverts new text end 6.8 new text begin to the conveying governmental unit if: new text end 6.9     new text begin (1) the receiving governmental unit sells, exchanges, or otherwise transfers title of new text end 6.10 new text begin the land within 40 years of the date of the deed conveying ownership; and new text end 6.11     new text begin (2) there is no prior written approval for such transfer from the conveying new text end 6.12 new text begin governmental unit. The authority for granting approval is the commissioner of natural new text end 6.13 new text begin resources for former Class 1 land, the county board for former Class 2 land, and the new text end 6.14 new text begin governing body for former Class 3 land. new text end 6.15     new text begin (b) Class 1 land given in exchange is subject to the reservation provisions of section new text end 6.16 new text begin 94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation new text end 6.17 new text begin provisions of section 94.344, subdivision 4. County fee land given in exchange is subject new text end 6.18 new text begin to the reservation provisions of section 373.01, subdivision 1, paragraph (g). new text end 6.19     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 6.20 new text begin same trust, if any, and otherwise has the same status as the land given in exchange. Land new text end 6.21 new text begin received in exchange for Class 2 land is subject to a trust in favor of the governmental new text end 6.22 new text begin subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in new text end 6.23 new text begin exchange for Class 3 land has the same status as the land given in exchange. new text end 6.24    Sec. 7. Minnesota Statutes 2006, section 282.04, subdivision 4a, is amended to read: 6.25    Subd. 4a. Private easements. (a) A county board may convey a road easement 6.26across unsold tax-forfeited land to an individual new text begin a person, as defined under section new text end 6.27 new text begin 645.44, subdivision 7, new text end requesting an easement for access to private property owned by 6.28the individual new text begin person new text end if: 6.29    (1) there are no reasonable alternatives to obtain access to the individual's new text begin person's new text end 6.30property; and 6.31    (2) exercising the easement will not cause significant adverse environmental or 6.32natural resource management impacts. 6.33    (b) The county auditor shall require an individual new text begin a person new text end applying for an easement 6.34under paragraph (a) to pay the appraised value of the easement. The conveyance must 7.1provide that the easement reverts to the state in trust for the taxing district in the event 7.2of nonuse. 7.3    Sec. 8. Laws 2006, chapter 236, article 1, section 43, is amended to read: 7.4    Sec. 43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY. 7.5    Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other 7.6law relating to the apportionment of proceeds from the sale new text begin or lease new text end of tax-forfeited land, 7.7Itasca County must apportion the first $1,000,000 received from the sale new text begin or lease new text end of 7.8tax-forfeited lands within Minnesota Steel Industries permit to mine area near Nashwauk, 7.9Minnesota, as provided in Laws 1965, chapter 326, section 1, as amended. Any remaining 7.10proceeds received from the sale new text begin or lease new text end must be deposited into a tax-forfeited land 7.11replacement trust fund established by Itasca County under this section. The principal 7.12and interest from this fund may be spent only on the purchase of lands to replace the 7.13tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land 7.14replacement fund must: 7.15    (1) become subject to trust in favor of the governmental subdivision wherein they lie 7.16and all laws related to tax-forfeited lands; and 7.17    (2) be for forest management purposes and dedicated as memorial forest under 7.18Minnesota Statutes, section 459.06, subdivision 2. 7.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after compliance with new text end 7.20 new text begin Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Itasca new text end 7.21 new text begin County. new text end 7.22    Sec. 9. new text begin ADDITIONS TO STATE PARKS. new text end 7.23     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 7.24 new text begin following area is added to Buffalo River State Park, all in Section 11, Township 139 new text end 7.25 new text begin North, Range 46, Clay County: That part of the Southeast Quarter of Section 11, described new text end 7.26 new text begin as follows: Beginning at the southwest corner of the Southeast Quarter of said Section new text end 7.27 new text begin 11; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along the new text end 7.28 new text begin westerly line of the Southeast Quarter of said Section 11, for a distance of 503.33 feet; new text end 7.29 new text begin thence South 89 degrees 25 minutes 32 seconds East for a distance of 200.00 feet; thence new text end 7.30 new text begin North 00 degrees 13 minutes 06 seconds East, parallel to the westerly line of the Southeast new text end 7.31 new text begin Quarter of said Section 11, for a distance of 457.87 feet; thence South 89 degrees 44 new text end 7.32 new text begin minutes 18 seconds East for a distance of 323.00 feet; thence South 48 degrees 16 minutes new text end 7.33 new text begin 47 seconds East for a distance of 89.46 feet; thence South 29 degrees 17 minutes 10 new text end 7.34 new text begin seconds East for a distance of 1,035.56 feet to a point of intersection with the southerly new text end 8.1 new text begin line of the Southeast Quarter of said Section 11; thence North 89 degrees 44 minutes 18 new text end 8.2 new text begin seconds West, along the southerly line of the Southeast Quarter of said Section 11, for new text end 8.3 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 8.4 new text begin acres, more or less, and is subject to the following described ingress-egress easement: A new text end 8.5 new text begin 30.00-foot strip of land for purposes of ingress and egress centered along the following new text end 8.6 new text begin described line: Commencing at the southwest corner of the Southeast Quarter of Section new text end 8.7 new text begin 11, Township 139 North, Range 46 West, Fifth Principal Meridian, Clay County, new text end 8.8 new text begin Minnesota; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along new text end 8.9 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 8.10 new text begin the true point of beginning; thence South 89 degrees 44 minutes 18 seconds East, parallel new text end 8.11 new text begin to and 15.00 feet northerly of the southerly line of the Southeast Quarter of said Section new text end 8.12 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 8.13 new text begin distance of 327.76 feet and there terminating. new text end 8.14     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 8.15 new text begin following areas are added to Frontenac State Park, Goodhue County: new text end 8.16     new text begin (1) all that part of Government Lot 4, and all that part of the Southwest Quarter of new text end 8.17 new text begin the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter, all in Section new text end 8.18 new text begin 2, Township 112 North, Range 13 West, described as follows, to-wit: Beginning at the new text end 8.19 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 8.20 new text begin west shore of Lake Pepin, running thence West 6 chains; thence South 33 degrees 15 new text end 8.21 new text begin minutes West 9.60 chains; thence South 41 degrees West 5.54 chains; thence South 51 new text end 8.22 new text begin degrees 15 minutes West 4.32 chains; thence South 65 degrees 15 minutes West 4 chains; new text end 8.23 new text begin thence South 70 degrees 45 minutes West 11.27 chains to a rock in Glenway Street in the new text end 8.24 new text begin village of Frontenac; thence South 48 degrees 30 minutes East 4.72 chains to the north and new text end 8.25 new text begin south center line of said section; thence South 39 degrees 10 minutes East 11.14 chains; new text end 8.26 new text begin thence South 32 degrees 30 minutes East 8.15 chains to the north line of Waconia Avenue new text end 8.27 new text begin in said Frontenac; thence North 42 degrees 50 minutes East 5.15 chains; thence North 23 new text end 8.28 new text begin degrees 50 minutes East 2.75 chains; thence North 9 degrees 20 minutes East 7.90 chains; new text end 8.29 new text begin thence North 20 degrees 20 minutes East 4.64 chains; thence North 52 degrees West 3.80 new text end 8.30 new text begin chains; thence North 20 degrees 20 minutes East 18.40 chains to the east line of said Mill new text end 8.31 new text begin Street in said Frontenac; thence South along the east line of said Mill Street 3.76 chains new text end 8.32 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 8.33 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 8.34 new text begin beginning, containing in all 35.67 acres of land, more or less. Excepting therefrom all that new text end 8.35 new text begin part of Government Lot 4, Section 2, Township 112 North, Range 13 West, described, new text end 8.36 new text begin as follows: Beginning on the shore of Lake Pepin at the northeast corner of Lot 8 in new text end 9.1 new text begin Block 13 of the town of Frontenac, running thence westerly along the north line of said new text end 9.2 new text begin lot to the northwest corner thereof; thence northerly along the easterly line of Mill Street new text end 9.3 new text begin in said town of Frontenac 215 feet, more or less, to its intersection with the north line of new text end 9.4 new text begin said Government Lot 4; thence East along the north line of said Government Lot 4 to low new text end 9.5 new text begin water mark on shore of Lake Pepin; thence southerly along the low water mark of Lake new text end 9.6 new text begin Pepin to the place of beginning. Also excepting that part of Government Lot 4, Section 2, new text end 9.7 new text begin Township 112 North, Range 12 West, which lies West of Undercliff Street in said village, new text end 9.8 new text begin North of the southerly line of said Lot 1, Block 14, prolonged westerly, and East of a line new text end 9.9 new text begin beginning 6 chains West of the intersection of the east and west center line of said Section new text end 9.10 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 9.11 new text begin Undercliff Street and said east and west center line; thence South 33 degrees 15 minutes new text end 9.12 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 9.13 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 9.14 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 9.15 new text begin said Block 15 and the east line of Bluff Street, all in the town of Frontenac according to new text end 9.16 new text begin the accepted and recorded map of said town of Frontenac now on file and of record in the new text end 9.17 new text begin Office of the Register of Deeds in and for said County of Goodhue; new text end 9.18     new text begin (2) that part of the West Half of the Northeast Quarter of Section 6, Township 112 new text end 9.19 new text begin North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing new text end 9.20 new text begin at the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence new text end 9.21 new text begin South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of new text end 9.22 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 9.23 new text begin point of beginning of the land to be described; thence North 01 degree 11 minutes 39 new text end 9.24 new text begin seconds West, along said east line, a distance of 400.00 feet; thence South 89 degrees 01 new text end 9.25 new text begin minute 10 seconds West, a distance of 442.03 feet; thence southwesterly, a distance of new text end 9.26 new text begin 534.99 feet along a nontangential curve concave to the northwest having a radius of new text end 9.27 new text begin 954.93 feet, a central angle of 33 degrees 53 minutes 57 seconds, and a chord that bears new text end 9.28 new text begin South 42 degrees 45 minutes 42 seconds West; thence South 59 degrees 42 minutes 41 new text end 9.29 new text begin seconds West, tangent to said curve, a distance of 380.00 feet to the centerline of State new text end 9.30 new text begin Highway 61, as now located and established; thence southeasterly, along said centerline new text end 9.31 new text begin of State Highway 61, a distance of 160 feet, more or less, to the intersection with a line new text end 9.32 new text begin bearing South 73 degrees 00 minutes 00 seconds West from the point of beginning; thence new text end 9.33 new text begin North 73 degrees 00 minutes 00 seconds East, to the point of beginning. Together with a new text end 9.34 new text begin 50.00-foot wide driveway and utility easement, which lies northwesterly and adjoins the new text end 9.35 new text begin northwesterly line of the above described property; and new text end 10.1     new text begin (3) that part of the West Half of the Northeast Quarter of Section 6, Township new text end 10.2 new text begin 112 North, Range 13 West, Goodhue County, described as follows: Commencing at new text end 10.3 new text begin the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence new text end 10.4 new text begin South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of new text end 10.5 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 10.6 new text begin point of beginning of the land to be described; thence South 73 degrees 00 minutes 00 new text end 10.7 new text begin seconds West, to the centerline of State Highway 61, as now located and established; new text end 10.8 new text begin thence southeasterly, along said centerline of State Highway 61, to the south line of said new text end 10.9 new text begin West Half of the Northeast Quarter of Section 6; thence North 88 degrees 34 minutes new text end 10.10 new text begin 56 seconds East, along said south line, to the southeast corner of said West Half of the new text end 10.11 new text begin Northeast Quarter of Section 6; thence North 01 degree 11 minutes 39 seconds West, a new text end 10.12 new text begin distance of 1,902.46 feet to the point of beginning. new text end 10.13     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 10.14 new text begin following area is added to Monson Lake State Park, Swift County: the Northeast Quarter new text end 10.15 new text begin of Section 1, Township 121 North, Range 37 West. new text end 10.16     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 10.17 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 10.18 new text begin Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Northwest new text end 10.19 new text begin Quarter, Government Lot 2, and Government Lot 3, all in Section 13, Township 50 North, new text end 10.20 new text begin Range 23 West, Aitkin County. new text end 10.21     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 10.22 new text begin areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the Northeast new text end 10.23 new text begin Quarter of the Northwest Quarter, and the Southeast Quarter of the Northwest Quarter, all new text end 10.24 new text begin in Section 7, Township 60 North, Range 25 West, Itasca County. new text end 10.25     new text begin Subd. 6. new text end new text begin [85.012] [Subd. 53a.] Soudan Underground Mine State Park, St. new text end 10.26 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 10.27 new text begin Northeast Quarter of the Northeast Quarter, Section 29, Township 62 North, Range 15 new text end 10.28 new text begin West, St. Louis County. new text end 10.29     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 10.30     new text begin The following areas are added to William O'Brien State Park, Washington County: new text end 10.31     new text begin (1) Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on new text end 10.32 new text begin file and of record in the Office of the Recorder for Washington County; new text end 10.33     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 10.34 new text begin Southeast Quarter, Section 36, Township 32 North, Range 20 West; and new text end 10.35     new text begin (3) that part of the Northeast Quarter of the Southwest Quarter lying west of new text end 10.36 new text begin Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19 West. new text end 11.1    Sec. 10. new text begin DELETIONS FROM STATE PARKS. new text end 11.2     new text begin Subdivision 1. new text end new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. new text end 11.3     new text begin The following areas are deleted from Frontenac State Park, all in Township 112 North, new text end 11.4 new text begin Range 13 West, Goodhue County: new text end 11.5     new text begin (1) that part of the East Half, Section 11, and that part of the Southwest Quarter, new text end 11.6 new text begin Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH new text end 11.7 new text begin EXTENSION TO FRONTENAC according to the plat on file and of record in the Office new text end 11.8 new text begin of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated new text end 11.9 new text begin Birch Way and Birch Way South situated in GARRARD'S SOUTH EXTENSION TO new text end 11.10 new text begin FRONTENAC lying southerly of vacated Ludlow Avenue and northerly of Winona new text end 11.11 new text begin Avenue; new text end 11.12     new text begin (2) that part of the Northeast Quarter, Section 11, being described as BLOCK 70, new text end 11.13 new text begin WESTERVELT (also known as the town of Frontenac) according to the plat on file and of new text end 11.14 new text begin record in the Office of the Recorder for Goodhue County, Minnesota; new text end 11.15     new text begin (3) that part of the Northeast Quarter, Section 11, being described as Lots 1, 2, 3, new text end 11.16 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 11.17 new text begin Frontenac) according to the plat on file and of record in the Office of the Recorder for new text end 11.18 new text begin Goodhue County, Minnesota; new text end 11.19     new text begin (4) that part of the Northeast Quarter, Section 11, being described as BLOCK 67, new text end 11.20 new text begin WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the new text end 11.21 new text begin Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet new text end 11.22 new text begin of Graham Street lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said new text end 11.23 new text begin plat of WESTERVELT; new text end 11.24     new text begin (5) that part of the Northeast Quarter, Section 11, being described as BLOCK 66, new text end 11.25 new text begin WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the new text end 11.26 new text begin Office of the Recorder for Goodhue County, Minnesota; and new text end 11.27     new text begin (6) that part of the Northeast Quarter, Section 11, being described as those parts of new text end 11.28 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 11.29 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 11.30 new text begin Office of the Recorder for Goodhue County, Minnesota. new text end 11.31     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 11.32 new text begin upon the commissioner of natural resources entering into an agreement with the new text end 11.33 new text begin commissioner of military affairs to transfer the property for use as a veterans cemetery, the new text end 11.34 new text begin following areas are deleted from Jay Cooke State Park: new text end 11.35     new text begin (a) the Northeast Quarter of the Southeast Quarter lying southerly of the railroad new text end 11.36 new text begin right-of-way, Section 21, Township 48 North, Range 16 West; new text end 12.1     new text begin (b) the Northwest Quarter of the Southwest Quarter lying southerly of the railroad new text end 12.2 new text begin right-of-way, Section 22, Township 48 North, Range 16 West; and new text end 12.3     new text begin (c) the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section new text end 12.4 new text begin 22, Township 48 North, Range 16 West. new text end 12.5     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 12.6 new text begin following area is deleted from Lake Carlos State Park: that part of Government Lot 2, new text end 12.7 new text begin being described as EHLERT'S ADDITION according to the plat on file and of record in new text end 12.8 new text begin the Office of the Recorder for Douglas County, Minnesota, Section 10, Township 129 new text end 12.9 new text begin North, Range 37 West, Douglas County. new text end 12.10     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 12.11 new text begin following areas are deleted from Lake Shetek State Park: new text end 12.12     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 12.13 new text begin Office of the Recorder for Murray County; new text end 12.14     new text begin (2) the Hudson Acres subdivision according to the plat on file and of record in the new text end 12.15 new text begin Office of the Recorder for Murray County; and new text end 12.16     new text begin (3) that part of Government Lot 6 and that part of Government Lot 7 of Section 6, new text end 12.17 new text begin Township 107 North, Range 40 West, and that part of Government Lot 1 and that part of new text end 12.18 new text begin Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray County, new text end 12.19 new text begin Minnesota, described as follows: Commencing at the East Quarter Corner of said Section new text end 12.20 new text begin 6; thence on a bearing based on the 1983 Murray County Coordinate System (1996 new text end 12.21 new text begin Adjustment), of South 00 degrees 22 minutes 05 seconds East 1405.16 feet along the east new text end 12.22 new text begin line of said Section 6; thence North 89 degrees 07 minutes 01 second West 1942.39 feet; new text end 12.23 new text begin thence South 03 degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner new text end 12.24 new text begin of Block 5 of FORMAN ACRES, according to the recorded plat thereof on file and of new text end 12.25 new text begin record in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00 new text end 12.26 new text begin seconds West 525.30 feet along the easterly line of said Block 5 and along the easterly line new text end 12.27 new text begin of the Private Roadway of FORMAN ACRES to the southeasterly corner of said Private new text end 12.28 new text begin Roadway and the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 new text end 12.29 new text begin seconds West 796.30 feet along the southerly line of said Private Roadway to an angle new text end 12.30 new text begin point on said line and an existing �� inch diameter rebar; thence South 64 degrees 28 new text end 12.31 new text begin minutes 26 seconds West 100.06 feet along the southerly line of said Private Roadway to new text end 12.32 new text begin an angle point on said line and an existing �� inch diameter rebar; thence South 33 degrees new text end 12.33 new text begin 01 minute 32 seconds West 279.60 feet along the southerly line of said Private Roadway to new text end 12.34 new text begin an angle point on said line; thence South 76 degrees 04 minutes 52 seconds West 766.53 new text end 12.35 new text begin feet along the southerly line of said Private Roadway to a 3/4 inch diameter rebar with new text end 12.36 new text begin a plastic cap stamped "MN DNR LS 17003" (DNR MON); thence South 16 degrees 24 new text end 13.1 new text begin minutes 50 seconds West 470.40 feet to a DNR MON; thence South 24 degrees 09 minutes new text end 13.2 new text begin 57 seconds West 262.69 feet to a DNR MON; thence South 08 degrees 07 minutes 09 new text end 13.3 new text begin seconds West 332.26 feet to a DNR MON; thence North 51 degrees 40 minutes 02 seconds new text end 13.4 new text begin West 341.79 feet to the east line of Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 new text end 13.5 new text begin AND LOT A OF GOV. LOT 1, OF SEC 7 TP. 107 RANGE 40, according to the recorded new text end 13.6 new text begin plat thereof on file and of record in the Murray County Recorder's Office and a DNR new text end 13.7 new text begin MON; thence South 14 degrees 28 minutes 55 seconds West 71.98 feet along the east line new text end 13.8 new text begin of said Lot A to the northerly most corner of Lot 36 of HUDSON ACRES, according to new text end 13.9 new text begin the recorded plat thereof on file and of record in the Murray County Recorder's Office new text end 13.10 new text begin and an existing steel fence post; thence South 51 degrees 37 minutes 05 seconds East new text end 13.11 new text begin 418.97 feet along the northeasterly line of said Lot 36 and along the northeasterly line of new text end 13.12 new text begin Lots 35,34,33,32 of HUDSON ACRES to an existing 1 inch inside diameter iron pipe new text end 13.13 new text begin marking the easterly most corner of Lot 32 and the most northerly corner of Lot 31A of new text end 13.14 new text begin HUDSONS ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26 feet new text end 13.15 new text begin along the northeasterly line of said Lot 31A to an existing 1�� inch inside diameter iron new text end 13.16 new text begin pipe marking the easterly most corner thereof and the most northerly corner of Lot 31 of new text end 13.17 new text begin HUDSONS ACRES; thence South 33 degrees 53 minutes 30 seconds East 224.96 feet new text end 13.18 new text begin along the northeasterly line of said Lot 31 and along the northeasterly line of Lots 30 and new text end 13.19 new text begin 29 of HUDSON ACRES to an existing 1�� inch inside diameter iron pipe marking the new text end 13.20 new text begin easterly most corner of said Lot 29 and the most northerly corner of Lot 28 of HUDSONS new text end 13.21 new text begin ACRES; thence South 45 degrees 23 minutes 54 seconds East 375.07 feet along the new text end 13.22 new text begin northeasterly line of said Lot 28 and along the northeasterly line of Lots 27,26,25,24 of new text end 13.23 new text begin HUDSON ACRES to an existing 1�� inch inside diameter iron pipe marking the easterly new text end 13.24 new text begin most corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON ACRES; new text end 13.25 new text begin thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the northeasterly new text end 13.26 new text begin line of said Lot 23 and along the northeasterly line of Lots 22 and 21 of HUDSON ACRES new text end 13.27 new text begin to an existing 1�� inch inside diameter iron pipe marking the easterly most corner of said new text end 13.28 new text begin Lot 21 and the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39 new text end 13.29 new text begin degrees 49 minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20 new text end 13.30 new text begin and along the northeasterly line of Lots 19,18,17,16,15,14 of HUDSON ACRES to an new text end 13.31 new text begin existing 1�� inch inside diameter iron pipe marking the easterly most corner of said Lot 14 new text end 13.32 new text begin and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55 degrees new text end 13.33 new text begin 31 minutes 43 seconds East 225.11 feet along the northeasterly line of said Lot 13 and new text end 13.34 new text begin along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing 1�� new text end 13.35 new text begin inch inside diameter iron pipe marking the easterly most corner of said Lot 11 and the new text end 13.36 new text begin northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees 03 minutes new text end 14.1 new text begin 49 seconds East 224.90 feet along the north line of said Lot 10 and along the north line new text end 14.2 new text begin of Lots 9 and 8 of HUDSON ACRES to an existing 1�� inch inside diameter iron pipe new text end 14.3 new text begin marking the northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON new text end 14.4 new text begin ACRES; thence North 84 degree 07 minutes 37 seconds East 525.01 feet along the north new text end 14.5 new text begin line of said Lot 7 and along the north line of Lots 6,5,4,3,2,1 of HUDSON ACRES to an new text end 14.6 new text begin existing 1�� inch inside diameter iron pipe marking the northeast corner of said Lot 1 of new text end 14.7 new text begin HUDSON ACRES; thence southeasterly, easterly and northerly along a non-tangential new text end 14.8 new text begin curve concave to the north having a radius of 50.00 feet, central angle 138 degrees 41 new text end 14.9 new text begin minutes 58 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 new text end 14.10 new text begin seconds East; thence continuing northwesterly and westerly along the previously described new text end 14.11 new text begin curve concave to the south having a radius of 50.00 feet, central angle 138 degrees 42 new text end 14.12 new text begin minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 new text end 14.13 new text begin seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not new text end 14.14 new text begin tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 new text end 14.15 new text begin seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds new text end 14.16 new text begin West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West new text end 14.17 new text begin 530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 new text end 14.18 new text begin feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet new text end 14.19 new text begin to a DNR MON; thence North 33 degrees 53 minutes 32 seconds West 226.66 feet to a new text end 14.20 new text begin DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR new text end 14.21 new text begin MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; new text end 14.22 new text begin thence North 24 degrees 09 minutes 58 seconds East 257.86 feet to a DNR MON; thence new text end 14.23 new text begin North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North new text end 14.24 new text begin 76 degrees 04 minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33 new text end 14.25 new text begin degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees new text end 14.26 new text begin 28 minutes 25 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 new text end 14.27 new text begin minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes new text end 14.28 new text begin 07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres. new text end 14.29     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 14.30 new text begin following areas are deleted from Moose Lake State Park, all in Township 46 North, Range new text end 14.31 new text begin 19 West, Carlton County: new text end 14.32     new text begin (1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter new text end 14.33 new text begin of Section 28; new text end 14.34     new text begin (2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter new text end 14.35 new text begin of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the new text end 15.1 new text begin centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a new text end 15.2 new text begin 100.00-foot wide strip for access and also subject to highway and road easements; new text end 15.3     new text begin (3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter new text end 15.4 new text begin of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the new text end 15.5 new text begin centerline of State Trunk Highway 73, and subject to taking for highway purposes of a new text end 15.6 new text begin road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County new text end 15.7 new text begin Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at new text end 15.8 new text begin the northerly line of State Trunk Highway 73, and subject to highway and road easements; new text end 15.9     new text begin (4) Parcel G: that part of Government Lot 1 of Section 28, which lies northerly of the new text end 15.10 new text begin westerly extension of the northerly line of the Southwest Quarter of the Northeast Quarter new text end 15.11 new text begin of said Section 28, and southerly of the westerly extension of the northerly line of the new text end 15.12 new text begin South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28; new text end 15.13     new text begin (5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast new text end 15.14 new text begin Quarter of Section 28; new text end 15.15     new text begin (6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except new text end 15.16 new text begin the West 660.00 feet of said Southwest Quarter; and new text end 15.17     new text begin (7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28, new text end 15.18 new text begin described as follows: Commencing at the northwest corner of said North One-Half of the new text end 15.19 new text begin Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north new text end 15.20 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 15.21 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 15.22 new text begin point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along new text end 15.23 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 15.24 new text begin the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28; new text end 15.25 new text begin thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North new text end 15.26 new text begin One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way new text end 15.27 new text begin of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate new text end 15.28 new text begin Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast, new text end 15.29 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 15.30 new text begin a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees new text end 15.31 new text begin 44 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35 new text end 15.32 new text begin a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73; new text end 15.33 new text begin thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on new text end 15.34 new text begin a nontangential curve, concave to the south, having a radius of 1,984.88 feet, a central new text end 15.35 new text begin angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39 new text end 15.36 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 16.1 new text begin the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of new text end 16.2 new text begin 1,305.90 feet, more or less, to the point of beginning and there terminating. new text end 16.3    Sec. 11. new text begin ADDITIONS TO STATE RECREATION AREAS. new text end 16.4     new text begin [85.013] [Subd. 11a.] Garden Island State Recreation Area, Lake of the Woods new text end 16.5 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 16.6 new text begin the Woods County: new text end 16.7     new text begin (1) Bureau of Land Management Island County Control Number 013 (aka Bridges new text end 16.8 new text begin Island) within Lake of the Woods and located in Section 9, Township 165 North, Range new text end 16.9 new text begin 32 West; new text end 16.10     new text begin (2) Bureau of Land Management Island County Control Number 014 (aka Knight new text end 16.11 new text begin Island) within Lake of the Woods and located in Section 22, Township 165 North, Range new text end 16.12 new text begin 32 West; and new text end 16.13     new text begin (3) Bureau of Land Management Island County Control Number 015 (aka Babe new text end 16.14 new text begin Island) within Lake of the Woods and located in Section 17, Township 166 North, Range new text end 16.15 new text begin 32 West. new text end 16.16    Sec. 12. new text begin ADDITIONS TO BIRCH LAKES STATE FOREST. new text end 16.17     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 16.18 new text begin Birch Lakes State Forest: the East Half of the Northeast Quarter, Section 35, Township new text end 16.19 new text begin 127 North, Range 33 West, Stearns County. new text end 16.20    Sec. 13. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION new text end 16.21 new text begin LAND BORDERING PUBLIC WATER; AITKIN COUNTY. new text end 16.22     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, and the classification and new text end 16.23 new text begin public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of new text end 16.24 new text begin natural resources may sell by public or private sale the consolidated conservation land new text end 16.25 new text begin bordering public water that is described in paragraph (c). new text end 16.26     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 16.27 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 16.28 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 16.29 new text begin survey costs and appraised value of the land and timber. Proceeds shall be disposed of new text end 16.30 new text begin according to Minnesota Statutes, chapter 84A. new text end 16.31     new text begin (c) The land that may be sold is located in Aitkin County and is described as: the new text end 16.32 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 16.33 new text begin Township 50 North, Range 23 West, containing 3.74 acres, more or less. new text end 17.1     new text begin (d) The land borders Aitkin Lake with privately owned land to the east and west. The new text end 17.2 new text begin land has been subject to continued trespasses by adjacent landowners. The Department of new text end 17.3 new text begin Natural Resources has determined that the land is not needed for natural resource purposes. new text end 17.4    Sec. 14. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION new text end 17.5 new text begin LAND; AITKIN COUNTY. new text end 17.6     new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota new text end 17.7 new text begin Statutes, chapters 84A and 282, Aitkin County may sell by public or private sale the new text end 17.8 new text begin consolidated conservation lands that are described in paragraph (c). new text end 17.9     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 17.10 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 17.11 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 17.12 new text begin survey costs and appraised value of the land and timber. Proceeds shall be disposed of new text end 17.13 new text begin according to Minnesota Statutes, chapter 84A. new text end 17.14     new text begin (c) The lands that may be sold are located in Aitkin County and are described as: new text end 17.15     new text begin (1) that part of the Northwest Quarter of the Southeast Quarter, Section 31, Township new text end 17.16 new text begin 49 North, Range 22 West, lying east of County State-Aid Highway 6, containing 3 acres, new text end 17.17 new text begin more or less; new text end 17.18     new text begin (2) that part of Government Lot 11, Section 3, Township 47 North, Range 26 West, new text end 17.19 new text begin lying north of County Road 54, containing 2 acres, more or less; new text end 17.20     new text begin (3) that part of Government Lot 1, Section 19, Township 51 North, Range 25 West, new text end 17.21 new text begin lying southwest of the ditch, containing 20 acres, more or less; new text end 17.22     new text begin (4) that part of the Southwest Quarter of the Southwest Quarter, Section 13, new text end 17.23 new text begin Township 51 North, Range 26 West, lying south of the ditch, containing 12 acres, more or new text end 17.24 new text begin less; and new text end 17.25     new text begin (5) that part of the South Half of the Southeast Quarter, Section 13, Township 51 new text end 17.26 new text begin North, Range 26 West, lying south of the ditch, containing 40 acres, more or less. new text end 17.27     new text begin (d) The lands are separated from management units by roads or ditches. The new text end 17.28 new text begin Department of Natural Resources has determined that the lands are not needed for natural new text end 17.29 new text begin resource purposes. new text end 17.30    Sec. 15. new text begin PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY. new text end 17.31     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon new text end 17.32 new text begin completion of condemnation of the school trust land interest, the commissioner of natural new text end 17.33 new text begin resources may sell by private sale to Cormant Township the surplus land that is described new text end 17.34 new text begin in paragraph (c). new text end 18.1     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 18.2 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 18.3 new text begin ensure accuracy. The commissioner may sell to Cormant Township for less than the value new text end 18.4 new text begin of the land as determined by the commissioner, but the conveyance must provide that the new text end 18.5 new text begin land described in paragraph (c) be used for the public and reverts to the state if Cormant new text end 18.6 new text begin Township fails to provide for public use or abandons the public use of the land. new text end 18.7     new text begin (c) The land that may be sold is located in Beltrami County and is described as: that new text end 18.8 new text begin part of the Northeast Quarter of the Southeast Quarter, Section 15, Township 151 North, new text end 18.9 new text begin Range 31 West, Beltrami County, Minnesota, described as follows: Commencing at the new text end 18.10 new text begin northeast corner of said Northeast Quarter of the Southeast Quarter; thence West along the new text end 18.11 new text begin north line of said Northeast Quarter of the Southeast Quarter to the northwest corner of new text end 18.12 new text begin said Northeast Quarter of the Southeast Quarter and the POINT OF BEGINNING of the new text end 18.13 new text begin property to be described; thence East a distance of 76 feet, along said north line; thence new text end 18.14 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 18.15 new text begin Northeast Quarter of the Southeast Quarter; thence North a distance of 235 feet along said new text end 18.16 new text begin west line to the point of beginning. Containing 0.41 acre, more or less. new text end 18.17     new text begin (d) Cormant Cemetery has inadvertently trespassed upon the land. The Department new text end 18.18 new text begin of Natural Resources has determined that the state's land management interests would new text end 18.19 new text begin best be served if the land was conveyed to Cormant Township and managed as part of new text end 18.20 new text begin the cemetery. Since the land is currently school trust land, the Department of Natural new text end 18.21 new text begin Resources shall first condemn the school trust interest prior to conveyance to Cormant new text end 18.22 new text begin Township. new text end 18.23    Sec. 16. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 18.24 new text begin WATER; BELTRAMI COUNTY. new text end 18.25     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 18.26 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami County new text end 18.27 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 18.28 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 18.29     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 18.30 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 18.31     new text begin (c) The land to be sold is located in Beltrami County and is described as: the easterly new text end 18.32 new text begin 350 feet of the following described parcel: Northland Addition to Bemidji Lots E, G, H, new text end 18.33 new text begin I, J, Section 8, Township 146 North, Range 33 West, and all that part of Unplatted Lot new text end 18.34 new text begin 1, Section 17, Township 146 North, Range 33 West and the Minneapolis, Red Lake, and new text end 18.35 new text begin Manitoba Railway right-of-way lying West of Park Avenue and within Lot 1 except that new text end 19.1 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 19.2 new text begin Addition to Bemidji. new text end 19.3     new text begin (d) The county has determined that the county's land management interests would new text end 19.4 new text begin best be served if the lands were returned to private ownership. new text end 19.5    Sec. 17. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 19.6 new text begin WATER; CARLTON COUNTY. new text end 19.7     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 19.8 new text begin Carlton County may sell the tax-forfeited land bordering public water that is described in new text end 19.9 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 19.10     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 19.11 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 19.12     new text begin (c) The land to be sold is located in Carlton County and is described as: the SE�� of new text end 19.13 new text begin the SE�� of Section 31, Township 47 North, Range 17 West, Blackhoof Township. new text end 19.14     new text begin (d) The Carlton County Board of Commissioners has classified the parcel as new text end 19.15 new text begin nonconservation and has determined that the county's land management interests would new text end 19.16 new text begin best be served if the parcel was returned to private ownership. new text end 19.17    Sec. 18. new text begin EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS new text end 19.18 new text begin WILDLIFE MANAGEMENT AREA; CARVER COUNTY. new text end 19.19     new text begin (a) The commissioner of natural resources may, with the approval of the Land new text end 19.20 new text begin Exchange Board as required under the Minnesota Constitution, article XI, section 10, and new text end 19.21 new text begin according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange new text end 19.22 new text begin the lands described in paragraph (b). new text end 19.23     new text begin (b) The lands to be exchanged are located in Carver County and are described as: new text end 19.24     new text begin (1) that part of the South Half of the Northwest Quarter and that part of the new text end 19.25 new text begin Northwest Quarter of the Southwest Quarter lying northwesterly of the following new text end 19.26 new text begin described line: Beginning on the north line of the South Half of the Northwest Quarter, new text end 19.27 new text begin 1,815 feet East of the northwest corner thereof; thence southwesterly 3,200 feet, more or new text end 19.28 new text begin less, to the southwest corner of the Northwest Quarter of the Southwest Quarter and there new text end 19.29 new text begin terminating, all in Section 30, Township 115 North, Range 23 West; new text end 19.30     new text begin (2) the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast new text end 19.31 new text begin Quarter of the Southeast Quarter, and that part of the North Half of the Southeast Quarter new text end 19.32 new text begin lying easterly of County State-Aid Highway 45, all in Section 25, Township 115 North, new text end 19.33 new text begin Range 24 West; new text end 20.1     new text begin (3) the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the new text end 20.2 new text begin North Half of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter, all new text end 20.3 new text begin in Section 36, Township 115 North, Range 24 West; and new text end 20.4     new text begin (4) the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North, new text end 20.5 new text begin Range 23 West. new text end 20.6     new text begin (c) The lands were acquired in part with bonding appropriations. The exchange with new text end 20.7 new text begin the United States Fish and Wildlife Service will consolidate land holdings, facilitate new text end 20.8 new text begin management of the lands, and provide additional wildlife habitat acres to the state. new text end 20.9    Sec. 19. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 20.10 new text begin WATER; CHIPPEWA COUNTY. new text end 20.11     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 20.12 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Chippewa County may new text end 20.13 new text begin convey to Chippewa County for no consideration the tax-forfeited land bordering public new text end 20.14 new text begin water that is described in paragraph (c). new text end 20.15     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 20.16 new text begin that the land reverts to the state if the county fails to provide for the public use described new text end 20.17 new text begin in paragraph (d) or abandons the public use of the land. The attorney general may make new text end 20.18 new text begin necessary changes to the legal description to correct errors and ensure accuracy. new text end 20.19     new text begin (c) The land that may be conveyed is located in Chippewa County and is described new text end 20.20 new text begin as follows: new text end 20.21     new text begin (1) Tract 1: a tract in Government Lot 2 described as: beginning at the southeast new text end 20.22 new text begin corner of Lot 6, Block 1, Original Plat Wegdahl; thence West 50 feet South, 50 Feet West new text end 20.23 new text begin on a line 50 feet South of the south line of Block 1 to the river; thence southeasterly new text end 20.24 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 20.25 new text begin line parallel with the south line of Block 1, to the intersection with the continuation of the new text end 20.26 new text begin east line of Lot 6, Block 1; thence North 165 feet to the point of beginning, Section 3, new text end 20.27 new text begin Township 116, Range 40; new text end 20.28     new text begin (2) Tract 2: a 50 foot strip adjacent to Block 1, Original Plat Wegdahl on South from new text end 20.29 new text begin Lot 3 to river, in Section 3, Township 116, Range 40; and new text end 20.30     new text begin (3) Tract 3: Lot 1, Block 2, Aadlands Subdivision. new text end 20.31     new text begin (d) The county will use the land to establish a public park. new text end 20.32    Sec. 20. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 20.33 new text begin WATER; CLEARWATER COUNTY. new text end 21.1     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 21.2 new text begin Clearwater County may sell the tax-forfeited land bordering public water that is described new text end 21.3 new text begin in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 21.4     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 21.5 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 21.6     new text begin (c) The land to be sold is located in Clearwater County and is described as: Parcel new text end 21.7 new text begin 11.300.0020. new text end 21.8     new text begin (d) The county has determined that the county's land management interests would new text end 21.9 new text begin best be served if the lands were returned to private ownership. new text end 21.10    Sec. 21. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 21.11 new text begin WATER OR WETLANDS; DAKOTA COUNTY. new text end 21.12     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018, new text end 21.13 new text begin subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Dakota new text end 21.14 new text begin County may convey to Dakota County for no consideration the tax-forfeited land new text end 21.15 new text begin bordering public water that is described in paragraph (c). new text end 21.16     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 21.17 new text begin that the land reverts to the state if Dakota County stops using the land for the public new text end 21.18 new text begin purpose described in paragraph (d). The conveyance is subject to restrictions imposed by new text end 21.19 new text begin the commissioner of natural resources. The attorney general may make changes to the new text end 21.20 new text begin land description to correct errors and ensure accuracy. new text end 21.21     new text begin (c) The land to be conveyed is located in Dakota County and is described as: new text end 21.22     new text begin That part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying new text end 21.23 new text begin southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded new text end 21.24 new text begin plat thereof, and lying easterly of the railroad right-of-way and lying northwesterly of the new text end 21.25 new text begin following described line: new text end 21.26 new text begin Commencing at the southwest corner of said Government Lot 7; thence North, new text end 21.27 new text begin assumed bearing, along the west line of said Government Lot 7, a distance of 178.00 new text end 21.28 new text begin feet; thence northeasterly along a nontangential curve concave to the southeast a new text end 21.29 new text begin distance of 290.00 feet, said curve having a radius of 764.50 feet, a central angle of new text end 21.30 new text begin 21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord bearing of new text end 21.31 new text begin North 24 degrees 29 minutes 20 seconds East; thence continuing northeasterly along new text end 21.32 new text begin a tangent curve concave to the southeast a distance of 350.00 feet, said curve having new text end 21.33 new text begin a radius of 708.80 feet, a central angle of 28 degrees 17 minutes 32 seconds, a chord new text end 21.34 new text begin of 346.46 feet and a chord bearing of North 49 degrees 30 minutes 04 seconds East; new text end 21.35 new text begin thence North 63 degrees 38 minutes 50 seconds East tangent to the last described new text end 22.1 new text begin curve a distance of 578.10 feet, to a point hereinafter referred to as Point B; thence new text end 22.2 new text begin continuing North 63 degrees 38 minutes 50 seconds East a distance of 278.68 feet, new text end 22.3 new text begin more or less, to the westerly right-of-way line of the Chicago, Rock Island and new text end 22.4 new text begin Pacific Railroad, said point being the point of beginning of the line to be described; new text end 22.5 new text begin thence North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet, more new text end 22.6 new text begin or less, to the shoreline of the Mississippi River and there terminating. (Dakota new text end 22.7 new text begin County tax identification number 36-02600-016-32). new text end 22.8     new text begin (d) The county has determined that the land is needed as a trail corridor for the new text end 22.9 new text begin Mississippi River Regional Trail. new text end 22.10    Sec. 22. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY. new text end 22.11     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 22.12 new text begin of natural resources may sell by private sale to the city of Wayzata the surplus land that is new text end 22.13 new text begin described in paragraph (c). new text end 22.14     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 22.15 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 22.16 new text begin ensure accuracy. The commissioner may sell to the city of Wayzata, for less than the value new text end 22.17 new text begin of the land as determined by the commissioner, but the conveyance must provide that the new text end 22.18 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 22.19 new text begin Wayzata fails to provide for public use or abandons the public use of the land. new text end 22.20     new text begin (c) The land that may be sold is located in Hennepin County and is described as: new text end 22.21 new text begin Tract F, Registered Land Survey No. 1168. new text end 22.22     new text begin (d) The Department of Natural Resources has determined that the state's land new text end 22.23 new text begin management interests would best be served if the land was conveyed to the city of new text end 22.24 new text begin Wayzata. new text end 22.25    Sec. 23. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 22.26 new text begin WATER; ITASCA COUNTY. new text end 22.27     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 22.28 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may new text end 22.29 new text begin sell to Itasca County the tax-forfeited land bordering public water that is described in new text end 22.30 new text begin paragraph (c), for the appraised value of the land. new text end 22.31     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 22.32 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 22.33     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 22.34 new text begin of Government Lot 1, Section 26, Township 56 North, Range 26 West. new text end 23.1     new text begin (d) The county has determined that the county's land management interests would be new text end 23.2 new text begin best served if the land was under the direct ownership of Itasca County. new text end 23.3    Sec. 24. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 23.4 new text begin WATER; MARSHALL COUNTY. new text end 23.5     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 23.6 new text begin Marshall County may sell the tax-forfeited land bordering public water that is described in new text end 23.7 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 23.8     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 23.9 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 23.10     new text begin (c) The land to be sold is located in Marshall County and is described as: that part of new text end 23.11 new text begin the westerly ten acres of the North Half of the Northeast Quarter lying southerly of the new text end 23.12 new text begin following described line: Commencing at the quarter section corner between Sections 2 new text end 23.13 new text begin and 11; thence South along the quarter section line a distance of 1,080 feet to the northern new text end 23.14 new text begin edge of County Ditch #25, the point of beginning; thence upstream along said ditch North new text end 23.15 new text begin 40 degrees East 95 feet; thence South 41 degrees East 500 feet to the intersection with new text end 23.16 new text begin State Ditch #83; thence along said state ditch North 52 degrees 50 minutes East 196 feet; new text end 23.17 new text begin thence East 2,092 feet to the section line between Sections 11 and 12. new text end 23.18     new text begin (d) The county has determined that the county's land management interests would new text end 23.19 new text begin best be served if the lands were returned to private ownership. new text end 23.20    Sec. 25. new text begin EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE new text end 23.21 new text begin PARK; MOWER COUNTY. new text end 23.22     new text begin (a) Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the new text end 23.23 new text begin commissioner of natural resources may, with the approval of the Land Exchange Board as new text end 23.24 new text begin required under the Minnesota Constitution, article XI, section 10, and according to the new text end 23.25 new text begin remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the land new text end 23.26 new text begin located within state park boundaries that is described in paragraph (c). new text end 23.27     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 23.28 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 23.29 new text begin and ensure accuracy. new text end 23.30     new text begin (c) The state land that may be exchanged is located in Mower County and is new text end 23.31 new text begin described as: that part of the Southeast Quarter of the Southwest Quarter of the Southeast new text end 23.32 new text begin Quarter of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota, new text end 23.33 new text begin described as follows: Beginning at a point on the south line of said Section 20 a distance new text end 23.34 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 24.1 new text begin at right angles to said south line 462.00 feet (28 rods); thence West parallel to said south new text end 24.2 new text begin line 380.6 feet, more or less, to the west line of said Southeast Quarter of the Southwest new text end 24.3 new text begin Quarter of the Southeast Quarter; thence South along said west line 462 feet, more or less, new text end 24.4 new text begin to the south line of said Section 20; thence East along said south line 380.6 feet, more new text end 24.5 new text begin or less, to the point of beginning, containing 4.03 acres. new text end 24.6     new text begin (d) The exchange would resolve an unintentional trespass by the Department of new text end 24.7 new text begin Natural Resources of a horse trail that is primarily located within Lake Louise State Park new text end 24.8 new text begin and provide for increased access to the state park. new text end 24.9    Sec. 26. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 24.10 new text begin WATER; OTTER TAIL COUNTY. new text end 24.11     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 24.12 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 24.13 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 24.14 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 24.15     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 24.16 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 24.17     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 24.18     new text begin Section 19, Township 133, Range 42, River's Bend Reserve, Lot B. new text end 24.19     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 24.20 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 24.21    Sec. 27. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 24.22 new text begin WATER; OTTER TAIL COUNTY. new text end 24.23     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 24.24 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 24.25 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 24.26 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 24.27     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 24.28 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 24.29     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 24.30     new text begin Section 24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1. new text end 24.31     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 24.32 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 25.1    Sec. 28. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 25.2 new text begin WATER; OTTER TAIL COUNTY. new text end 25.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 25.4 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 25.5 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 25.6 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 25.7     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 25.8 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 25.9     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 25.10     new text begin Section 9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet new text end 25.11 new text begin of Sub Lot 7, except tract and except platted (1.19) acres. new text end 25.12     new text begin (d) The Department of Natural Resources has no objection to the sale of this land. new text end 25.13    Sec. 29. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 25.14 new text begin WATER; OTTER TAIL COUNTY. new text end 25.15     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 25.16 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 25.17 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 25.18 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 25.19     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 25.20 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 25.21     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 25.22     new text begin Section 10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A. new text end 25.23     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 25.24 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 25.25    Sec. 30. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 25.26 new text begin WATER; OTTER TAIL COUNTY. new text end 25.27     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 25.28 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 25.29 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 25.30     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 25.31 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 25.32     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 25.33     new text begin Section 31, Township 137, Range 39, Government Lot 5 (37.20 acres). new text end 26.1     new text begin (d) The county has determined that the county's land management interests would new text end 26.2 new text begin best be served if the lands were returned to private ownership. new text end 26.3    Sec. 31. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 26.4 new text begin WATER; OTTER TAIL COUNTY. new text end 26.5     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 26.6 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 26.7 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 26.8     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 26.9 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 26.10     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 26.11     new text begin Section 29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1. new text end 26.12     new text begin (d) The county has determined that the county's land management interests would new text end 26.13 new text begin best be served if the lands were returned to private ownership. new text end 26.14    Sec. 32. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 26.15 new text begin WATER; OTTER TAIL COUNTY. new text end 26.16     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 26.17 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 26.18 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 26.19 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 26.20     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 26.21 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 26.22     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 26.23     new text begin Quiet Waters Development Outlot A. new text end 26.24     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 26.25 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 26.26    Sec. 33. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 26.27 new text begin WATER; OTTER TAIL COUNTY. new text end 26.28     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 26.29 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 26.30 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 26.31 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 26.32     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 26.33 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 27.1     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 27.2     new text begin Section 9, Township 136, Range 38, part of Government Lot 4 North and East of new text end 27.3 new text begin highway (Book 307, Page 31). new text end 27.4     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 27.5 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 27.6    Sec. 34. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 27.7 new text begin WATER; OTTER TAIL COUNTY. new text end 27.8     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 27.9 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 27.10 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 27.11 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 27.12     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 27.13 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 27.14     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 27.15     new text begin Section 9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of new text end 27.16 new text begin Reserve A lying North of road (Book 307, Page 31). new text end 27.17     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 27.18 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 27.19    Sec. 35. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 27.20 new text begin WATER; OTTER TAIL COUNTY. new text end 27.21     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 27.22 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 27.23 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 27.24 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 27.25     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 27.26 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 27.27     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 27.28     new text begin Section 27, Township 135, Range 39, Government Lot 7 (9.50 acres). new text end 27.29     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 27.30 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 27.31    Sec. 36. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 27.32 new text begin WATER; OTTER TAIL COUNTY. new text end 28.1     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 28.2 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County new text end 28.3 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 28.4 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 28.5     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 28.6 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 28.7     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 28.8     new text begin Section 9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres). new text end 28.9     new text begin (d) The sale would be to the adjacent landowner and the Department of Natural new text end 28.10 new text begin Resources has determined that the land is not appropriate for the department to manage. new text end 28.11    Sec. 37. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 28.12 new text begin WATER; OTTER TAIL COUNTY. new text end 28.13     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 28.14 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 28.15 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 28.16     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 28.17 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 28.18     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 28.19     new text begin 38609 County Highway 41, Section 9, Township 135, Range 41, part of Government new text end 28.20 new text begin Lot 2 beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly, 132 new text end 28.21 new text begin feet South from northeast corner Section 9; East 33 feet, southerly 314 feet, West 33 feet, new text end 28.22 new text begin northerly on lake East 110 feet to beginning. new text end 28.23    Sec. 38. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 28.24 new text begin WATER; OTTER TAIL COUNTY. new text end 28.25     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 28.26 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 28.27 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 28.28     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 28.29 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 28.30     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 28.31     new text begin Section 27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1. new text end 28.32    Sec. 39. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 28.33 new text begin WATER; OTTER TAIL COUNTY. new text end 29.1     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 29.2 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 29.3 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 29.4     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 29.5 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 29.6     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 29.7     new text begin Section 33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest new text end 29.8 new text begin Quarter (7.07 acres). new text end 29.9     new text begin (d) The county has determined that the county's land management interests would new text end 29.10 new text begin best be served if the lands were returned to private ownership. new text end 29.11    Sec. 40. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC new text end 29.12 new text begin WATER; OTTER TAIL COUNTY. new text end 29.13     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 29.14 new text begin Otter Tail County may sell the tax-forfeited land bordering public water that is described new text end 29.15 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 29.16     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 29.17 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 29.18     new text begin (c) The land to be sold is located in Otter Tail County and is described as: new text end 29.19     new text begin Section 33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest new text end 29.20 new text begin Quarter (7.06 acres). new text end 29.21     new text begin (d) The county has determined that the county's land management interests would new text end 29.22 new text begin best be served if the lands were returned to private ownership. new text end 29.23    Sec. 41. new text begin CONVEYANCE OF SURPLUS STATE LAND; RICE COUNTY. new text end 29.24     new text begin (a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the new text end 29.25 new text begin commissioner of administration may convey to Rice County for no consideration the new text end 29.26 new text begin surplus land that is described in paragraph (c). new text end 29.27     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 29.28 new text begin that the land revert to the state if Rice County stops using the land for the public purpose new text end 29.29 new text begin described in paragraph (d). The attorney general may make changes to the land description new text end 29.30 new text begin to correct errors and ensure accuracy. new text end 29.31     new text begin (c) The land to be sold is located in Rice County and is described as: new text end 29.32     new text begin (1) that part of Section 5, Township 109 North, Range 20 West, Rice County, new text end 29.33 new text begin Minnesota, described as follows: new text end 30.1 new text begin Commencing at the northwest corner of the Northwest Quarter of said Section 5; new text end 30.2 new text begin thence southerly on a Minnesota State Plane Grid Azimuth from North of 180 new text end 30.3 new text begin degrees 23 minutes 50 seconds along the west line of said Northwest Quarter 348.30 new text end 30.4 new text begin feet to the point of beginning of the parcel to be described; thence easterly on an new text end 30.5 new text begin azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet; thence southerly on an new text end 30.6 new text begin azimuth of 183 degrees 10 minutes 40 seconds 144.38 feet; thence southeasterly on new text end 30.7 new text begin an azimuth of 148 degrees 00 minutes 00 seconds 110.00 feet; thence northeasterly new text end 30.8 new text begin on an azimuth of 58 degrees 00 minutes 00 seconds 119.90 feet; thence southeasterly new text end 30.9 new text begin on an azimuth of 148 degrees 00 minutes 00 seconds 133.00 feet; thence new text end 30.10 new text begin southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 199.38 feet; new text end 30.11 new text begin thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 180.72 feet; new text end 30.12 new text begin thence northerly on an azimuth of 358 degrees 00 minutes 00 seconds 55.36 feet; new text end 30.13 new text begin thence westerly on an azimuth of 268 degrees 00 minutes 00 seconds 152.18 feet; new text end 30.14 new text begin thence northerly on an azimuth of 00 degrees 23 minutes 50 seconds 364.80 feet new text end 30.15 new text begin to the point of beginning; and new text end 30.16     new text begin (2) that part of Section 5, Township 109 North, Range 20 West, Rice County, new text end 30.17 new text begin Minnesota, described as follows: new text end 30.18 new text begin Commencing at the northwest corner of the Northwest Quarter of said Section 5; new text end 30.19 new text begin thence southerly on a Minnesota State Plane Grid Azimuth from North of 180 new text end 30.20 new text begin degrees 23 minutes 50 seconds along the west line of said Northwest Quarter 348.30 new text end 30.21 new text begin feet; thence easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 new text end 30.22 new text begin feet to the point of beginning of the parcel to be described; thence continuing new text end 30.23 new text begin easterly on an azimuth of 93 degrees 18 minutes 54 seconds 45.00 feet; thence new text end 30.24 new text begin southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 202.00 feet; new text end 30.25 new text begin thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 119.90 new text end 30.26 new text begin feet; thence northwesterly on an azimuth of 328 degrees 00 minutes 00 seconds new text end 30.27 new text begin 110.00 feet; thence northerly on an azimuth of 3 degrees 10 minutes 40 seconds new text end 30.28 new text begin 144.38 feet to the point of beginning. new text end 30.29     new text begin (d) The commissioner has determined that the land is no longer needed for any state new text end 30.30 new text begin purpose and that the state's land management interests would best be served if the land new text end 30.31 new text begin was conveyed to and used by Rice County for a jail. new text end 30.32    Sec. 42. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; new text end 30.33 new text begin ROSEAU COUNTY. new text end 31.1     new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota new text end 31.2 new text begin Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private new text end 31.3 new text begin sale the consolidated conservation land that is described in paragraph (c). new text end 31.4     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 31.5 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 31.6 new text begin and ensure accuracy. The consideration for the conveyance must be for no less than the new text end 31.7 new text begin survey costs and the appraised value of the land and timber. Proceeds shall be disposed of new text end 31.8 new text begin according to Minnesota Statutes, chapter 84A. new text end 31.9     new text begin (c) The land that may be sold is located in Roseau County and is described as: the new text end 31.10 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 31.11 new text begin of the Northeast Quarter, Section 35, Township 160 North, Range 38 West, containing new text end 31.12 new text begin 0.5 acres, more or less. new text end 31.13     new text begin (d) The land would be sold to the current leaseholder who through an inadvertent new text end 31.14 new text begin trespass located a cabin, septic system, and personal property on the state land. The new text end 31.15 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 31.16 new text begin resource purposes. new text end 31.17    Sec. 43. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY. new text end 31.18     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 31.19 new text begin of natural resources may sell by private sale to St. Louis County the surplus land that is new text end 31.20 new text begin described in paragraph (c). new text end 31.21     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 31.22 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 31.23 new text begin ensure accuracy. The commissioner may sell to St. Louis County for less than the value of new text end 31.24 new text begin the land as determined by the commissioner, but the conveyance must provide that the new text end 31.25 new text begin land described in paragraph (c) be used for the public and reverts to the state if St. Louis new text end 31.26 new text begin County fails to provide for public use or abandons the public use of the land. new text end 31.27     new text begin (c) The land that may be sold is located in St. Louis County and is described as: an new text end 31.28 new text begin undivided 1/12 interest in Government Lot 6, Section 6, Township 62 North, Range 13 new text end 31.29 new text begin West, containing 35.75 acres, more or less. new text end 31.30     new text begin (d) The land was gifted to the state. The remaining 11/12 undivided interest in new text end 31.31 new text begin the land is owned by the state in trust for the taxing districts and administered by St. new text end 31.32 new text begin Louis County. The Department of Natural Resources has determined that the state's land new text end 31.33 new text begin management interests would best be served if the land was conveyed to St. Louis County. new text end 32.1    Sec. 44. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 32.2 new text begin WATER; ST. LOUIS COUNTY. new text end 32.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 32.4 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may new text end 32.5 new text begin sell or convey to the state acting by and through its commissioner of natural resources, new text end 32.6 new text begin the tax-forfeited land bordering public water that is described in paragraph (c), under the new text end 32.7 new text begin provisions of Minnesota Statutes, section 282.01, subdivision 1a. new text end 32.8     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 32.9 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 32.10 new text begin and ensure accuracy. new text end 32.11     new text begin (c) The land that may be sold is located in St. Louis County and is described as: Lot new text end 32.12 new text begin 7, Klimek's Addition to Grand Lake, according to the plat thereof on file and of record new text end 32.13 new text begin in the Office of the County Recorder, St. Louis County. new text end 32.14     new text begin (d) The county has determined that the land is not needed for county management new text end 32.15 new text begin purposes and the Department of Natural Resources would like to acquire the land for use new text end 32.16 new text begin as a public water access site to Little Grand Lake. new text end 32.17    Sec. 45. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 32.18 new text begin WATER; ST. LOUIS COUNTY. new text end 32.19     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 32.20 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County new text end 32.21 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 32.22 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 32.23     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 32.24 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 32.25 new text begin accuracy. Prior to the sales, the commissioner of revenue shall grant permanent new text end 32.26 new text begin conservation easements according to Minnesota Statutes, section 282.37, to provide new text end 32.27 new text begin riparian protection and public access to shore fishing. The easements for land described in new text end 32.28 new text begin paragraph (c), clauses (1) to (3), shall be 450 feet in width from the centerline of the river. new text end 32.29 new text begin The easements for land described in paragraph (c), clauses (4) and (5), shall be 300 feet in new text end 32.30 new text begin width from the centerline of the river. The easements must be approved by the St. Louis new text end 32.31 new text begin County Board and the commissioner of natural resources. new text end 32.32     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 32.33     new text begin (1) Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35 new text end 32.34 new text begin acres) (535-0010-00210); new text end 33.1     new text begin (2) Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1 new text end 33.2 new text begin acres) (535-0010-00300); new text end 33.3     new text begin (3) Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres) new text end 33.4 new text begin (535-0010-01910); new text end 33.5     new text begin (4) Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres) new text end 33.6 new text begin (310-0010-05650); and new text end 33.7     new text begin (5) Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres) new text end 33.8 new text begin (110-0040-00160). new text end 33.9     new text begin (d) The county has determined that the county's land management interests would new text end 33.10 new text begin best be served if the lands were returned to private ownership. new text end 33.11    Sec. 46. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 33.12 new text begin WATER; ST. LOUIS COUNTY. new text end 33.13     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 33.14 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 33.15 new text begin in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 33.16     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 33.17 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 33.18     new text begin (c) Prior to the sales of the land described in paragraph (d), clauses (1), (2), and new text end 33.19 new text begin (10) to (12), the commissioner of revenue shall grant permanent conservation easements new text end 33.20 new text begin according to Minnesota Statutes, section 282.37, to provide riparian protection and public new text end 33.21 new text begin access for angling. The easements must be approved by the St. Louis County Board and new text end 33.22 new text begin the commissioner of natural resources. The easements shall be for lands described in new text end 33.23 new text begin paragraph (d): new text end 33.24     new text begin (1) clause (1), 75 feet in width on each side of the centerline of the creek; new text end 33.25     new text begin (2) clause (2), 200 feet in width on each side of the centerline of the river; new text end 33.26     new text begin (3) clause (10), 100 feet in width on each side of the centerline of the river; and new text end 33.27     new text begin (4) clauses (11) and (12), 50 feet in width on each side of the centerline of the stream. new text end 33.28     new text begin (d) The land to be sold is located in St. Louis County and is described as: new text end 33.29     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 33.30 new text begin (520-0016-00590); new text end 33.31     new text begin (2) SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510); new text end 33.32     new text begin (3) undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12, new text end 33.33 new text begin T53N, R14W (375-0120-00091, 375-0120-00094); new text end 33.34     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 33.35 new text begin (405-0010-03394); new text end 34.1     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 34.2 new text begin R21W (25 acres) (141-0050-07345); new text end 34.3     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 34.4 new text begin HALEY, Section 23, T63N, R19W (11 acres) (350-0020-03730); new text end 34.5     new text begin (7) SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610); new text end 34.6     new text begin (8) NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110); new text end 34.7     new text begin (9) LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230); new text end 34.8     new text begin (10) SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570); new text end 34.9     new text begin (11) LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT new text end 34.10 new text begin ADDITION TO DULUTH, Section 33, T51N, R14W (520-0090-00150, -00160, -00180); new text end 34.11 new text begin and new text end 34.12     new text begin (12) BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section new text end 34.13 new text begin 13, T62N, R14W. new text end 34.14     new text begin (e) The county has determined that the county's land management interests would new text end 34.15 new text begin best be served if the lands were returned to private ownership. new text end 34.16    Sec. 47. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 34.17     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 34.18 new text begin or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited new text end 34.19 new text begin land described in paragraph (c). new text end 34.20     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 34.21 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 34.22     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 34.23     new text begin Lots 20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W new text end 34.24 new text begin (1.1 acres) (385-0070-00200). new text end 34.25     new text begin (d) This sale resolves an unintentional trespass. The county has determined that the new text end 34.26 new text begin county's land management interests would best be served if the lands were returned to new text end 34.27 new text begin private ownership. new text end 34.28    Sec. 48. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 34.29 new text begin WATER; ST. LOUIS COUNTY. new text end 34.30     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 34.31 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County new text end 34.32 new text begin may convey to the state for no consideration the tax-forfeited land bordering public water new text end 34.33 new text begin that is described in paragraph (c). new text end 35.1     new text begin (b) The conveyance must be according to Minnesota Statutes, section 282.01, new text end 35.2 new text begin subdivision 2, and in a form approved by the attorney general. The attorney general may new text end 35.3 new text begin make changes to the land description to correct errors and ensure accuracy. new text end 35.4     new text begin (c) The land to be conveyed is located in St. Louis County and is described as: new text end 35.5     new text begin (1) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that new text end 35.6 new text begin part of Government Lot 2 lying southeasterly of the southeasterly right-of-way of the St. new text end 35.7 new text begin Paul and Duluth and Northern Pacific Railway including riparian rights. new text end 35.8     new text begin EXCEPT: that part of Government Lot 2 beginning at the intersection of the south new text end 35.9 new text begin line of Lot 2 and the southeasterly right-of-way of the St. Paul and Duluth and Northern new text end 35.10 new text begin Pacific Railway; thence easterly along the south line of said Lot 2 a distance of 150 new text end 35.11 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 35.12 new text begin southeasterly line of said railway right-of-way said point distant 150 feet northeast of new text end 35.13 new text begin the point of beginning; thence deflect to the left and continue southwesterly along the new text end 35.14 new text begin southeasterly line of said railway right-of-way a distance of 150 feet to point of beginning new text end 35.15 new text begin and there terminating. new text end 35.16     new text begin EXCEPT FURTHER: that part of Government Lot 2 commencing at the point of new text end 35.17 new text begin intersection of the south line of Lot 2 and the southeasterly right-of-way of the St. Paul new text end 35.18 new text begin and Duluth and Northern Pacific Railway; thence northeasterly along the southeasterly new text end 35.19 new text begin line of said railway right-of-way a distance of 1,064 feet to point of beginning; thence new text end 35.20 new text begin deflect 44 degrees, 12 minutes, 27 seconds to the right a distance of 105.44 feet to a new text end 35.21 new text begin point; thence deflect 85 degrees, 16 minutes, 07 seconds to the left a distance of 111.92 new text end 35.22 new text begin feet more or less to a point on the southeasterly line of said railway right-of-way; thence new text end 35.23 new text begin deflect to the left and continue northwesterly along the southeasterly line of said railway new text end 35.24 new text begin right-of-way a distance of 160 feet more or less to point of beginning and there terminating new text end 35.25 new text begin (010-2746-00290); and new text end 35.26     new text begin (2) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that new text end 35.27 new text begin part of Government Lot 1, including riparian rights, lying southerly of the Northern Pacific new text end 35.28 new text begin Short Line right-of-way except 5 18/100 acres for Northern Pacific Main Line and except new text end 35.29 new text begin a strip of land 75 feet wide and adjoining the Northern Pacific Main Line right-of-way and new text end 35.30 new text begin formerly used as right-of-way by Duluth Transfer Railway 2 67/100 acres, also except that new text end 35.31 new text begin part lying North of Grand Avenue 72/100 acres and except a strip of land adjacent to the new text end 35.32 new text begin Old Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40, new text end 35.33 new text begin Recorder of Deeds, Book 686, Page 440. new text end 35.34     new text begin EXCEPT: that part of Government Lot 1 lying southerly of the Northern Pacific new text end 35.35 new text begin Short Line right-of-way and northerly of the Old Transfer Railway right-of-way. new text end 36.1     new text begin EXCEPT FURTHER: that part of Government Lot 1 lying southerly of the Northern new text end 36.2 new text begin Pacific Main Line right-of-way and lying northerly of a line parallel to and lying 305 feet new text end 36.3 new text begin southerly of the north line of said Government Lot 1 (010-2746-00245). new text end 36.4    Sec. 49. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 36.5 new text begin WATER; ST. LOUIS COUNTY. new text end 36.6     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 36.7 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 36.8 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 36.9     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 36.10 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 36.11 new text begin accuracy. The conveyance must include a deed restriction that prohibits excavating, new text end 36.12 new text begin filling, dumping, tree cutting, burning, structures, and buildings within an area that is 75 new text end 36.13 new text begin feet in width along the shoreline. A 15-foot strip for landowner lake access is allowed. new text end 36.14     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 36.15 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 36.16     new text begin (d) The county has determined that the county's land management interests would new text end 36.17 new text begin best be served if the lands were returned to private ownership. new text end 36.18    Sec. 50. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 36.19 new text begin WATER; ST. LOUIS COUNTY. new text end 36.20     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 36.21 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 36.22 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 36.23     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 36.24 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 36.25 new text begin accuracy. The conveyance must include a deed restriction on buildings, structures, tree new text end 36.26 new text begin cutting, removal of vegetation, and shoreland alterations within an area that is 75 feet in new text end 36.27 new text begin width along the river. A 15-foot strip for landowner river access is allowed. new text end 36.28     new text begin (c) The land to be sold is located in St. Louis County and is described as: that new text end 36.29 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 36.30 new text begin 300 feet; thence East 300 feet; thence North 263 feet to shoreline of Ash River; thence new text end 36.31 new text begin northwesterly along the river 325 feet; thence southerly to point of beginning, Section 5, new text end 36.32 new text begin T68N, R19W (2 acres) (731-0010-00845). new text end 36.33     new text begin (d) The county has determined that the county's land management interests would new text end 36.34 new text begin best be served if the lands were returned to private ownership. new text end 37.1    Sec. 51. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 37.2 new text begin WATER; ST. LOUIS COUNTY. new text end 37.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 37.4 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 37.5 new text begin in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 37.6     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 37.7 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 37.8     new text begin (c) Prior to the sales of the land described in paragraph (d), clauses (1) to (4), the new text end 37.9 new text begin commissioner of revenue shall grant permanent conservation easements according to new text end 37.10 new text begin Minnesota Statutes, section 282.37. The easements must be approved by the St. Louis new text end 37.11 new text begin County Board and the commissioner of natural resources. The easements shall be for new text end 37.12 new text begin lands described in paragraph (d): new text end 37.13     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 37.14 new text begin strip for landowner river access is allowed; new text end 37.15     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 37.16 new text begin strip for landowner river access is allowed; new text end 37.17     new text begin (3) clause (3), 100 feet in width on each side of the centerline of the tributary; and new text end 37.18     new text begin (4) clause (4), for access purposes. new text end 37.19     new text begin (d) The land to be sold is located in St. Louis County and is described as: new text end 37.20     new text begin (1) SW 1/4 of SW 1/4 except W 1/2, Section 14, T62N, R18W (20 acres); new text end 37.21     new text begin (2) S 1/2 of SW 1/4 of SW 1/4, Section 16, T62N, R18W (20 acres); new text end 37.22     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 37.23 new text begin of NE 1/4, Section 10, T52N, R12W (10 acres); new text end 37.24     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 37.25 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 37.26 new text begin (18.3 acres); new text end 37.27     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 37.28 new text begin feet, Section 21, T56N, R18W (9.63 acres); new text end 37.29     new text begin (6) Lot 3, Section 1, T55N, R21W (46.18 acres); new text end 37.30     new text begin (7) SW 1/4 of NE 1/4, Section 18, T52N, R15W (40 acres); and new text end 37.31     new text begin (8) Lots 23, 73, 95, 118, 119 of NE-NA MIK-KA-TA plat, town of Breitung, located new text end 37.32 new text begin in Government Lots 1 and 12 of Section 6, T62N, R15W. new text end 37.33     new text begin (e) The county has determined that the county's land management interests would new text end 37.34 new text begin best be served if the lands were returned to private ownership. new text end 37.35    Sec. 52. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 38.1     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 38.2 new text begin St. Louis County may sell by private sale the tax-forfeited land that is described in new text end 38.3 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 38.4     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 38.5 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 38.6     new text begin (c) The land to be sold is located in St. Louis County and is described as: new text end 38.7     new text begin (1) that part of the South 200 feet of the West 900 feet of Government Lot 4 lying new text end 38.8 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 38.9 new text begin Government Lot 5 lying east of State Highway 73, all in Section 6, Township 52 North, new text end 38.10 new text begin Range 20 West; new text end 38.11     new text begin (2) that part of the Southeast Quarter of the Northeast Quarter lying north of County new text end 38.12 new text begin Road 115 in Section 15, Township 62 North, Range 17 West; and new text end 38.13     new text begin (3) that part of the Southwest Quarter of the Northeast Quarter of Section 26, new text end 38.14 new text begin Township 63 North, Range 12 West, lying west of the west right-of-way boundary of new text end 38.15 new text begin County Highway 88; EXCEPTING therefrom the following described tract of land: That new text end 38.16 new text begin part of the Southwest Quarter of the Northeast Quarter of Section 26, Township 63 North, new text end 38.17 new text begin Range 12 West, described as follows: Begin at a point located at the intersection of the new text end 38.18 new text begin north and south quarter line of said section and the north boundary line of the right-of-way new text end 38.19 new text begin of County Highway 88, said point being 494.44 feet North of the center of said section; new text end 38.20 new text begin thence North on said north and south quarter line a distance of 216.23 feet; thence at an new text end 38.21 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 38.22 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 38.23 new text begin boundary line of the right-of-way of said County Highway 88; thence in a northwesterly new text end 38.24 new text begin direction along the north boundary line of the right-of-way of said County Highway 88, a new text end 38.25 new text begin distance of 360 feet to the point of beginning. new text end 38.26     new text begin (d) The sales authorized under this section are needed for public utility substations. new text end 38.27    Sec. 53. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY. new text end 38.28     new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, new text end 38.29 new text begin St. Louis County may sell by private sale the tax-forfeited land that is described in new text end 38.30 new text begin paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282. new text end 38.31     new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 38.32 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 38.33     new text begin (c) The land to be sold is located in St. Louis County and is described as: Southeast new text end 38.34 new text begin Quarter of Southwest Quarter, Section 24, Township 65 North, Range 20 West. new text end 39.1    Sec. 54. new text begin PRIVATE SALE OF WILDLIFE MANAGEMENT AREA LAND; new text end 39.2 new text begin WABASHA COUNTY. new text end 39.3     new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09, 94.10, and 97A.135, new text end 39.4 new text begin subdivision 2a, the commissioner of natural resources shall sell by private sale the wildlife new text end 39.5 new text begin management area land described in paragraph (c). new text end 39.6     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 39.7 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 39.8 new text begin ensure accuracy. The commissioner may sell the land to Mazeppa Township for less than new text end 39.9 new text begin the value of the land as determined by the commissioner. new text end 39.10     new text begin (c) The land that may be sold is located in Wabasha County and is described as new text end 39.11 new text begin follows: all of the following described tract: the southerly 300 feet of the westerly 350 new text end 39.12 new text begin feet of the Northwest Quarter of the Northwest Quarter of Section 10, Township 109 new text end 39.13 new text begin North, Range 14 West; together with the southerly 300 feet of the easterly 150 feet of the new text end 39.14 new text begin Northeast Quarter of the Northeast Quarter of Section 9, Township 109 North, Range 14 new text end 39.15 new text begin West; excepting therefrom the right-of-way of existing highway; containing 3.23 acres new text end 39.16 new text begin more or less. new text end 39.17     new text begin (d) The land is located in Mazeppa Township and is not contiguous to other new text end 39.18 new text begin state lands. The Department of Natural Resources has determined that the state's land new text end 39.19 new text begin management interests would best be served if the lands were conveyed to a local unit new text end 39.20 new text begin of government. new text end 39.21    Sec. 55. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 39.22 new text begin WATER; WADENA COUNTY. new text end 39.23     new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 39.24 new text begin resources may sell by public sale the surplus lands bordering public water that are new text end 39.25 new text begin described in paragraph (c). new text end 39.26     new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 39.27 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 39.28 new text begin and ensure accuracy. new text end 39.29     new text begin (c) The lands that may be sold are located in Wadena County and are described as: new text end 39.30     new text begin (1) Government Lot 3, Section 28, Township 135 North, Range 33 West, containing new text end 39.31 new text begin 0.01 acres, more or less; new text end 39.32     new text begin (2) Government Lot 2, Section 34, Township 135 North, Range 33 West, containing new text end 39.33 new text begin 1.5 acres, more or less; and new text end 39.34     new text begin (3) Government Lot 7, Section 30, Township 135 North, Range 35 West, containing new text end 39.35 new text begin 0.01 acres, more or less. new text end 40.1     new text begin (d) The lands border the Leaf River and are not contiguous to other state lands. new text end 40.2 new text begin The Department of Natural Resources has determined that the lands are not needed for new text end 40.3 new text begin natural resource purposes. new text end 40.4    Sec. 56. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 40.5 new text begin WATER; WASHINGTON COUNTY. new text end 40.6     new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 40.7 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Washington County new text end 40.8 new text begin may convey to the Comfort Lake-Forest Lake Watershed District for no consideration the new text end 40.9 new text begin tax-forfeited land bordering public water that is described in paragraph (c). new text end 40.10     new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 40.11 new text begin that the land reverts to the state if the Comfort Lake-Forest Lake Watershed District stops new text end 40.12 new text begin using the land for the public purpose described in paragraph (d). The attorney general may new text end 40.13 new text begin make changes to the land description to correct errors and ensure accuracy. new text end 40.14     new text begin (c) The land to be conveyed is located in Washington County and is described as: new text end 40.15     new text begin (1) Parcel A (PIN 05.032.21.12.0001): all that part of the Northwest Quarter of the new text end 40.16 new text begin Northeast Quarter, Section 5, Township 32, Range 21, Washington County, Minnesota, new text end 40.17 new text begin that lies East of Minnesota Highway 61 as relocated and South of Judicial Ditch No. new text end 40.18 new text begin 1, except the following described tracts: new text end 40.19     new text begin Beginning at a point where the easterly right-of-way of Minnesota Highway 61 new text end 40.20 new text begin intersects the south line of the Northwest Quarter of the Northeast Quarter, Section 5, new text end 40.21 new text begin Township 32, Range 21, Washington County, Minnesota; thence East along said south new text end 40.22 new text begin line of the Northwest Quarter of the Northeast Quarter of Section 5 for 194.1 feet; thence new text end 40.23 new text begin North at right angles 435.3 feet; thence South 75 degrees 56 minutes West for 294.4 feet new text end 40.24 new text begin to said easterly right-of-way of Minnesota Highway 61; thence South 14 degrees 04 new text end 40.25 new text begin minutes East along said easterly right-of-way of Minnesota Highway 61 for 375.0 feet to new text end 40.26 new text begin the point of the beginning; and new text end 40.27     new text begin That part of the Northwest Quarter of the Northeast Quarter, Section 5, Township new text end 40.28 new text begin 32 North, Range 21 West, Washington County, Minnesota, described as follows: new text end 40.29 new text begin commencing at the north quarter corner of Section 5; thence East along the north line of new text end 40.30 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 40.31 new text begin thence southeasterly deflection to the right 76 degrees 00 minutes 20 seconds, along new text end 40.32 new text begin said highway right-of-way line, 500.4 feet to the point of beginning; thence continuing new text end 40.33 new text begin southeasterly along said highway right-of-way line 293.7 feet to the northwest corner of new text end 40.34 new text begin the Philip F. and Maree la J. Turcott property, as described in Book 261 of Deeds on Page new text end 40.35 new text begin 69; thence northeasterly at right angles along the northerly line of said Turcott property in new text end 41.1 new text begin its northeasterly projection thereof, 318.4 feet, more or less, to the centerline of Sunrise new text end 41.2 new text begin River; thence northwesterly along said Sunrise River centerline, 358 feet, more or less, to new text end 41.3 new text begin the point of intersection with a line drawn northeasterly from the point of beginning and new text end 41.4 new text begin perpendicular to the easterly right-of-way line of Trunk Highway 61; thence southwesterly new text end 41.5 new text begin along said line, 154.3 feet, more or less, to the point of beginning; and new text end 41.6     new text begin (2) Parcel B (PIN 05.032.21.12.0004): that part of the Northwest Quarter of the new text end 41.7 new text begin Northeast Quarter, Section 5, Township 32, Range 21, lying easterly of Highway 61 new text end 41.8 new text begin and North of Judicial Ditch No. 1. new text end 41.9     new text begin (d) The county has determined that the land is needed by the watershed district for new text end 41.10 new text begin purposes of Minnesota Statutes, chapter 103D. new text end 41.11    Sec. 57. new text begin LEASE OF TAX-FORFEITED AND STATE LANDS. new text end 41.12     new text begin (a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 41.13 new text begin St. Louis County may enter a 30-year lease of tax-forfeited land for a wind energy project. new text end 41.14     new text begin (b) The commissioner of natural resources may enter a 30-year lease of land new text end 41.15 new text begin administered by the commissioner for a wind energy project. new text end 41.16    Sec. 58. new text begin EASEMENT ON TAX-FORFEITED LAND; ITASCA COUNTY. new text end 41.17     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 41.18 new text begin Itasca County may grant a 40-year easement of tax-forfeited land to the Itasca County new text end 41.19 new text begin Regional Rail Authority for a rail line right-of-way. The easement may be canceled only new text end 41.20 new text begin by resolution of the county board after reasonable notice for any substantial breach of the new text end 41.21 new text begin terms of the easement. The land subject to the easement may not be sold or otherwise new text end 41.22 new text begin conveyed by the county board during the period of the easement. new text end 41.23    Sec. 59. new text begin EFFECTIVE DATE. new text end 41.24     new text begin This article is effective the day following final enactment. new text end 41.25ARTICLE 2 41.26GAME AND FISH 41.27    Section 1. Minnesota Statutes 2006, section 17.4981, is amended to read: 41.2817.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC 41.29FARMS. 41.30     new text begin (a) new text end Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life 41.31is not wildlife. Aquatic farms must be licensed and given classifications to prevent or 41.32minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to: 42.1    (1) prevent public aquatic life from entering an aquatic farm; 42.2    (2) prevent release of nonindigenous or exotic species into public waters without 42.3approval of the commissioner; 42.4    (3) protect against release of disease pathogens to public waters; 42.5    (4) protect existing natural aquatic habitats and the wildlife dependent on them; and 42.6    (5) protect private aquatic life from unauthorized taking or harvest. 42.7     new text begin (b) new text end Private aquatic life that is legally acquired and possessed is an article of interstate 42.8commerce and may be restricted only as necessary to protect state fish and water resources. 42.9     new text begin (c) The commissioner of natural resources shall report to the legislature, in new text end 42.10 new text begin odd-numbered years, the proposed license and other fees that would make aquaculture new text end 42.11 new text begin self-sustaining. The fees shall not cover the costs of other programs. The commissioner new text end 42.12 new text begin shall encourage fish farming in man-made ponds and develop best management practices new text end 42.13 new text begin for aquaculture to ensure the long-term sustainability of the program. new text end 42.14    Sec. 2. Minnesota Statutes 2007 Supplement, section 17.4984, subdivision 1, is 42.15amended to read: 42.16    Subdivision 1. License required. (a) A person or entity may not operate an aquatic 42.17farm without first obtaining an aquatic farm license from the commissioner. 42.18    (b) Applications for an aquatic farm license must be made on forms provided by 42.19the commissioner. 42.20    (c) Licenses are valid for five years and are transferable upon notification to the 42.21commissioner. 42.22    (d) The commissioner shall issue an aquatic farm license on payment of the required 42.23license fee under section 17.4988. 42.24    (e) A license issued by the commissioner is not a determination of private property 42.25rights, but is only based on a determination that the licensee does not have a significant 42.26detrimental impact on the public resource. 42.27    (f) By January 15, 2008, the commissioner shall report to the senate and house 42.28of representatives committees on natural resource policy and finance on policy 42.29recommendations regarding aquaculture. 42.30     new text begin (f) The commissioner shall not issue or renew a license to raise minnows in a natural new text end 42.31 new text begin water body if the natural water body is the subject of a protective easement or other new text end 42.32 new text begin interest in land that was acquired with funding from federal waterfowl stamp proceeds new text end 42.33 new text begin or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the new text end 42.34 new text begin natural water body was the subject of any other development, restoration, maintenance, or new text end 42.35 new text begin preservation project funded under section 97A.075, subdivision 2. new text end 43.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 43.2    Sec. 3. Minnesota Statutes 2006, section 84.027, subdivision 15, is amended to read: 43.3    Subd. 15. Electronic transactions. (a) The commissioner may receive an 43.4application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate safety 43.5training certification, registration, or transfer under the jurisdiction of the commissioner 43.6by electronic means, including by telephone. Notwithstanding section 97A.472, electronic 43.7and telephone transactions may be made outside of the state. The commissioner may: 43.8    (1) provide for the electronic transfer of funds generated by electronic transactions, 43.9including by telephone; 43.10    (2) assign an identification number to an applicant who purchases a hunting or 43.11fishing license or recreational vehicle registration by electronic means, to serve as 43.12temporary authorization to engage in the activity requiring a license or registration until 43.13the license or registration is received or expires; 43.14    (3) charge and permit agents to charge a fee of individuals who make electronic 43.15transactions and transactions by telephone or Internet, including issuing fees and an 43.16additional transaction fee not to exceed $3.50; 43.17    (4) new text begin charge and permit agents to charge a convenience fee not to exceed three percent new text end 43.18 new text begin of the cost of the license to individuals who use electronic bank cards for payment. An new text end 43.19 new text begin electronic licensing system agent charging a fee of individuals making an electronic new text end 43.20 new text begin bank card transaction in person must post a sign informing individuals of the fee. The new text end 43.21 new text begin sign must be near the point of payment, clearly visible, include the amount of the fee, and new text end 43.22 new text begin state that charging the fee is not required by state law and that it is the agent's choice to new text end 43.23 new text begin charge the fee; new text end 43.24     new text begin (5) new text end establish, by written order, an electronic licensing system commission to be 43.25paid by revenues generated from all sales made through the electronic licensing system. 43.26The commissioner shall establish the commission in a manner that neither significantly 43.27overrecovers nor underrecovers costs involved in providing the electronic licensing 43.28system; and 43.29    (5) new text begin (6) new text end adopt rules to administer the provisions of this subdivision. 43.30    (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 43.31the commission established under paragraph (a), clause (4) new text begin (5) new text end , are not subject to the 43.32rulemaking procedures of chapter 14 and section 14.386 does not apply. 43.33    (c) Money received from fees and commissions collected under this subdivision, 43.34including interest earned, is annually appropriated from the game and fish fund and the 43.35natural resources fund to the commissioner for the cost of electronic licensing. 44.1    Sec. 4. Minnesota Statutes 2006, section 84D.10, subdivision 2, is amended to read: 44.2    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may place into 44.3the waters of the state a watercraft or trailer with aquatic macrophytes: 44.4    (1) that are duckweeds in the family Lemnaceae; 44.5    (2) for purposes of shooting or observation blinds new text begin attached in or on watercraft new text end in 44.6amounts sufficient for that purpose, if the aquatic macrophytes are emergent and cut 44.7above the waterline; 44.8    (3) that are wild rice harvested under section 84.091; or 44.9    (4) in the form of fragments of emergent aquatic macrophytes incidentally 44.10transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl 44.11season. 44.12    Sec. 5. Minnesota Statutes 2006, section 84D.13, subdivision 4, is amended to read: 44.13    Subd. 4. Warnings; civil citations. After appropriate training, conservation 44.14officers, other licensed peace officers, and other department personnel designated by the 44.15commissioner may issue warnings or citations to a person who: 44.16    (1) unlawfully transports prohibited invasive species or aquatic macrophytes; 44.17    (2) unlawfully places or attempts to place into waters of the state a trailer, a 44.18watercraft, or plant harvesting equipment that has new text begin aquatic macrophytes or new text end prohibited 44.19invasive species attached; 44.20    (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 44.21by rule, Eurasian water milfoil; 44.22    (4) fails to drain water, as required by rule, from watercraft and equipment before 44.23leaving designated zebra mussel, spiny water flea, or other invasive plankton infested 44.24waters; or 44.25    (5) transports infested water, in violation of rule, off riparian property. 44.26    Sec. 6. Minnesota Statutes 2006, section 85.46, subdivision 1, is amended to read: 44.27    Subdivision 1. Pass in possession. new text begin (a) Except as provided in paragraph (b), new text end while 44.28riding, leading, or driving a horse on horse trails and associated day use areas on state 44.29trails, in state parks, in state recreation areas, and in state forests, a person 16 years of age 44.30or over shall carry in immediate possession and visibly display on person or horse tack, 44.31a valid horse trail pass. The pass must be available for inspection by a peace officer, a 44.32conservation officer, or an employee designated under section 84.0835. 45.1     new text begin (b) A valid horse trail pass is not required under this section for a person riding, new text end 45.2 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 45.3 new text begin or the person's spouse, child, or parent. new text end 45.4    Sec. 7. Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision 45.5to read: 45.6     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 45.7 new text begin vehicle, set on the ice of state waters to provide shelter. new text end 45.8    Sec. 8. Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is 45.9amended to read: 45.10    Subd. 4. Game and fish annual reports. (a) By December 15 each year, 45.11the commissioner shall submit to the legislative committees having jurisdiction over 45.12appropriations and the environment and natural resources reports on each of the following: 45.13    (1) the amount of revenue from the following and purposes for which expenditures 45.14were made: 45.15    (i) the small game license surcharge under section 97A.475, subdivision 4; 45.16    (ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 45.175 , clause (1); 45.18    (iii) the trout and salmon stamp under section 97A.475, subdivision 10; 45.19    (iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); 45.20    (v) the turkey stamp new text begin wild turkey management account new text end under section 97A.475, 45.21subdivision 5 , clause (3) new text begin 97A.075, subdivision 5 new text end ; and 45.22    (vi) the deer license donations and surcharges under section 97A.475, subdivisions 45.233, paragraph (b), and 3a; 45.24    (2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and 45.25(c), and the purposes for which these amounts were spent; 45.26    (3) money credited to the game and fish fund under this section and purposes for 45.27which expenditures were made from the fund; 45.28    (4) outcome goals for the expenditures from the game and fish fund; and 45.29    (5) summary and comments of citizen oversight committee reviews under 45.30subdivision 4b. 45.31    (b) The report must include the commissioner's recommendations, if any, for 45.32changes in the laws relating to the stamps and surcharge referenced in paragraph (a). 45.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 46.1    Sec. 9. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read: 46.2    Subd. 4b. Citizen oversight subcommittees. (a) The commissioner shall appoint 46.3subcommittees of affected persons to review the reports prepared under subdivision 4; 46.4review the proposed work plans and budgets for the coming year; propose changes 46.5in policies, activities, and revenue enhancements or reductions; review other relevant 46.6information; and make recommendations to the legislature and the commissioner for 46.7improvements in the management and use of money in the game and fish fund. 46.8    (b) The commissioner shall appoint the following subcommittees, each comprised 46.9of at least three affected persons: 46.10    (1) a Fisheries Operations Subcommittee to review fisheries funding, excluding 46.11activities related to trout and salmon stamp funding; 46.12    (2) a Wildlife Operations Subcommittee to review wildlife funding, excluding 46.13activities related to migratory waterfowl, pheasant, and turkey stamp new text begin wild turkey new text end 46.14 new text begin management new text end funding and excluding review of the amounts available under section 46.1597A.075, subdivision 1 , paragraphs (b) and (c); 46.16    (3) a Big Game Subcommittee to review the report required in subdivision 4, 46.17paragraph (a), clause (2); 46.18    (4) an Ecological Services Operations Subcommittee to review ecological services 46.19funding; 46.20    (5) a subcommittee to review game and fish fund funding of enforcement, support 46.21services, and Department of Natural Resources administration; 46.22    (6) a subcommittee to review the trout and salmon stamp report and address funding 46.23issues related to trout and salmon; 46.24    (7) a subcommittee to review the report on the migratory waterfowl stamp and 46.25address funding issues related to migratory waterfowl; 46.26    (8) a subcommittee to review the report on the pheasant stamp and address funding 46.27issues related to pheasants; and 46.28    (9) a subcommittee to review the report on the turkey stamp new text begin wild turkey management new text end 46.29 new text begin account new text end and address funding issues related to wild turkeys. 46.30    (c) The chairs of each of the subcommittees shall form a Budgetary Oversight 46.31Committee to coordinate the integration of the subcommittee reports into an annual 46.32report to the legislature; recommend changes on a broad level in policies, activities, and 46.33revenue enhancements or reductions; provide a forum to address issues that transcend the 46.34subcommittees; and submit a report for any subcommittee that fails to submit its report 46.35in a timely manner. 47.1    (d) The Budgetary Oversight Committee shall develop recommendations for a 47.2biennial budget plan and report for expenditures on game and fish activities. By August 15 47.3of each even-numbered year, the committee shall submit the budget plan recommendations 47.4to the commissioner and to the senate and house committees with jurisdiction over natural 47.5resources finance. 47.6    (e) Each subcommittee shall choose its own chair, except that the chair of the 47.7Budgetary Oversight Committee shall be appointed by the commissioner and may not 47.8be the chair of any of the subcommittees. 47.9    (f) The Budgetary Oversight Committee must make recommendations to the 47.10commissioner and to the senate and house committees with jurisdiction over natural 47.11resources finance for outcome goals from expenditures. 47.12    (g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the 47.13Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010. 47.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 47.15    Sec. 10. Minnesota Statutes 2006, section 97A.075, subdivision 4, is amended to read: 47.16    Subd. 4. Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps 47.17must be credited to the pheasant habitat improvement account. Money in the account 47.18may be used only for: 47.19    (1) the development, restoration, and maintenance of suitable habitat for ringnecked 47.20pheasants on public and private land including the establishment of nesting cover, winter 47.21cover, and reliable food sources; 47.22    (2) reimbursement of landowners for setting aside lands for pheasant habitat; 47.23    (3) reimbursement of expenditures to provide pheasant habitat on public and private 47.24land; 47.25    (4) the promotion of pheasant habitat development and maintenance, including 47.26promotion and evaluation of government farm program benefits for pheasant habitat; and 47.27    (5) the acquisition of lands suitable for pheasant habitat management and public 47.28hunting. 47.29    (b) Money in the account may not be used for: 47.30    (1) costs unless they are directly related to a specific parcel of land under paragraph 47.31(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under 47.32paragraph (a), clause (4); or 47.33    (2) any personnel costs, except that prior to July 1, 2009 new text begin 2019 new text end , personnel may be 47.34hired to provide technical and promotional assistance for private landowners to implement 47.35conservation provisions of state and federal programs. 48.1    Sec. 11. Minnesota Statutes 2006, section 97A.075, subdivision 5, is amended to read: 48.2    Subd. 5. Turkey stamps new text begin account new text end . (a) Ninety percent of the revenue from 48.3turkey stamps new text begin $4.50 from each turkey license sold new text end must be credited to the wild turkey 48.4management account. Money in the account may be used only for: 48.5    (1) the development, restoration, and maintenance of suitable habitat for wild 48.6turkeys on public and private land including forest stand improvement and establishment 48.7of nesting cover, winter roost area, and reliable food sources; 48.8    (2) acquisitions of, or easements on, critical wild turkey habitat; 48.9    (3) reimbursement of expenditures to provide wild turkey habitat on public and 48.10private land; 48.11    (4) trapping and transplantation of wild turkeys; and 48.12    (5) the promotion of turkey habitat development and maintenance, population 48.13surveys and monitoring, and research. 48.14    (b) Money in the account may not be used for: 48.15    (1) costs unless they are directly related to a specific parcel of land under paragraph 48.16(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4), 48.17or to specific promotional or evaluative activities under paragraph (a), clause (5); or 48.18    (2) any permanent personnel costs. 48.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 48.20    Sec. 12. Minnesota Statutes 2006, section 97A.311, subdivision 5, is amended to read: 48.21    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not 48.22including any issuing fees paid under section 97A.485, subdivision 6, if: 48.23    (1) the licensee dies before the opening of the licensed season. The original license 48.24and a copy of the death certificate must be provided to the commissioner; or 48.25    (2) the licensee is unable to participate in the licensed activity because the licensee is 48.26called to active military duty or military leave is canceled during the entire open season of 48.27the licensed activity. The original license and a copy of the military orders or notice of 48.28cancellation of leave must be provided to the commissioner new text begin ; or new text end 48.29     new text begin (3) the licensee purchased two licenses for the same license season in error new text end . 48.30    (b) This subdivision does not apply to lifetime licenses. 48.31    Sec. 13. Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 2, is 48.32amended to read: 48.33    Subd. 2. Personal possession. (a) A person acting under a license or traveling from 48.34an area where a licensed activity was performed must have in personal possession either: 49.1(1) the proper license, if the license has been issued to and received by the person; or (2) 49.2the proper license identification number or stamp validation, if the license has been sold to 49.3the person by electronic means but the actual license has not been issued and received. 49.4    (b) If possession of a license or a license identification number is required, a person 49.5must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 49.6license if the license has been issued to and received by the person; or (2) the proper 49.7license identification number or stamp validation and a valid state driver's license, state 49.8identification card, or other form of identification provided by the commissioner, if the 49.9license has been sold to the person by electronic means but the actual license has not been 49.10issued and received. A person charged with violating the license possession requirement 49.11shall not be convicted if the person produces in court or the office of the arresting officer, 49.12the actual license previously issued to that person, which was valid at the time of arrest, 49.13or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 49.14request of a conservation officer or peace officer, a licensee shall write the licensee's name 49.15in the presence of the officer to determine the identity of the licensee. 49.16    (c) If the actual license has been issued and received, a receipt for license fees, a 49.17copy of a license, or evidence showing the issuance of a license, including the license 49.18identification number or stamp validation, does not entitle a licensee to exercise the rights 49.19or privileges conferred by a license. 49.20    (d) A license issued electronically and not immediately provided to the licensee 49.21shall be mailed to the licensee within 30 days of purchase of the license. A pictorial 49.22turkey, migratory waterfowl, pheasant, or trout and salmon stamp shall be provided to the 49.23licensee after purchase of a stamp validation only if the licensee pays an additional $2 49.24fee. new text begin A pictorial turkey stamp may be purchased for a $2 fee. new text end 49.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 49.26    Sec. 14. Minnesota Statutes 2006, section 97A.431, subdivision 2, is amended to read: 49.27    Subd. 2. Eligibility. Persons eligible for a moose license shall be determined 49.28under this section and commissioner's rule. A person is eligible for a moose license only 49.29if the person: 49.30    (1) is a resident; new text begin and new text end 49.31    (2) is at least age 16 before the season opens; and 49.32    (3) new text begin (2) new text end has not been issued a moose license for any of the last five seasons or after 49.33January 1, 1991. 49.34    Sec. 15. Minnesota Statutes 2006, section 97A.433, subdivision 2, is amended to read: 50.1    Subd. 2. Eligibility. Persons eligible for an elk license shall be determined under this 50.2section and commissioner's rule. A person is eligible for an elk license only if the person: 50.3    (1) is a resident; new text begin and new text end 50.4    (2) is at least age 16 before the season opens; and 50.5    (3) new text begin (2) new text end has never been issued an elk license. 50.6    Sec. 16. Minnesota Statutes 2006, section 97A.434, subdivision 2, is amended to read: 50.7    Subd. 2. Eligibility. Eligibility for a prairie chicken license shall be determined by 50.8this section and by rule adopted by the commissioner. A person is eligible for a prairie 50.9chicken license only if the person: 50.10    (1) is a resident; and 50.11    (2) was born before January 1, 1980, or possesses a firearms safety certificate. 50.12    Sec. 17. Minnesota Statutes 2007 Supplement, section 97A.441, subdivision 7, is 50.13amended to read: 50.14    Subd. 7. Owners or tenants of agricultural land. (a) The commissioner may 50.15issue, without a fee, a license to take an antlerless deer to a person new text begin resident new text end who is an 50.16owner or tenant new text begin , or a nonresident who is an owner, new text end of at least 80 acres of agricultural land, 50.17as defined in section 97B.001, in deer permit areas that have deer archery licenses to 50.18take additional deer under section 97B.301, subdivision 4. A person may receive only 50.19one license per year under this subdivision. For properties with co-owners or cotenants, 50.20only one co-owner or cotenant may receive a license under this subdivision per year. The 50.21license issued under this subdivision is restricted to land leased for agricultural purposes 50.22or owned by the holder of the license within the permit area where the qualifying land 50.23is located. The holder of the license may transfer the license to the holder's spouse or 50.24dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 50.252 , the holder of the license may purchase an additional license for taking deer and may 50.26take an additional deer under that license. 50.27    (b) A person who obtains a license under paragraph (a) must allow public deer 50.28hunting on their land during that deer hunting season, with the exception of the first 50.29Saturday and Sunday during the deer hunting season applicable to the license issued under 50.30section 97A.475, subdivision 2, clauses (4) and (13). 50.31    Sec. 18. Minnesota Statutes 2007 Supplement, section 97A.451, subdivision 3, is 50.32amended to read: 51.1    Subd. 3. Residents under age 16; small game. (a) A resident under age 16 may 51.2not 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 51.3or bow and arrow without a license new text begin paying the applicable fees under section 97A.475, new text end 51.4 new text begin subdivisions 2, 4, and 5, new text end if the resident is: 51.5    (1) age 14 or 15 and possesses a firearms safety certificate; 51.6    (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or 51.7guardian; 51.8    (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied 51.9by a parent or guardian who possesses a small game license that was not obtained using an 51.10apprentice hunter validation; or 51.11    (4) age 12 or under and is accompanied by a parent or guardian. 51.12    (b) A resident under age 16 may take small game by trapping without a small game 51.13license, but a resident 13 years of age or older must have a trapping license. A resident 51.14under age 13 may trap without a trapping license, but may not register fisher, otter, 51.15bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 51.16or pine marten taken by a resident under age five must be included in the limit of the 51.17accompanying parent or guardian. 51.18    (c) A resident under age 12 may apply for a turkey license and may take a turkey 51.19without a firearms safety certificate if the resident is accompanied by an adult parent or 51.20guardian who has a firearms safety certificate. 51.21     new text begin (d) A resident under age 12 may apply for a prairie chicken license and may take a new text end 51.22 new text begin prairie chicken without a firearms safety certificate if the resident is accompanied by an new text end 51.23 new text begin adult parent or guardian who has a firearms safety certificate. new text end 51.24    Sec. 19. Minnesota Statutes 2006, section 97A.451, subdivision 4, is amended to read: 51.25    Subd. 4. Persons new text begin Residents new text end under age 16; big game. A person new text begin resident new text end under the 51.26age of 16 may not obtain a license to take big game unless the person possesses a firearms 51.27safety certificate. A person under the age of 14 must be accompanied by a parent or 51.28guardian to hunt big game. new text begin by firearms or bow and arrow if the resident obtains a license new text end 51.29 new text begin to take big game and is: new text end 51.30     new text begin (1) age 14 or 15 and possesses a firearms safety certificate; new text end 51.31     new text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or new text end 51.32 new text begin guardian; new text end 51.33     new text begin (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied new text end 51.34 new text begin by a parent or guardian who possesses a big game license that was not obtained using new text end 51.35 new text begin an apprentice hunter validation; new text end 52.1     new text begin (4) age 12 and is accompanied by a parent or guardian. A resident age 12 or under new text end 52.2 new text begin is not required to possess a firearms safety certificate under section 97B.020 to take big new text end 52.3 new text begin game; or new text end 52.4     new text begin (5) age 10 or 11 and is under the direct supervision of a parent or guardian where the new text end 52.5 new text begin parent is within immediate reach and the youth obtains a license without paying the fee. new text end 52.6    Sec. 20. Minnesota Statutes 2006, section 97A.451, is amended by adding a 52.7subdivision to read: 52.8     new text begin Subd. 4a. new text end new text begin Nonresidents under age 16; big game. new text end new text begin (a) A nonresident under age new text end 52.9 new text begin 16 may obtain a big game license at the applicable resident fee under section 97A.475, new text end 52.10 new text begin subdivision 2, if the nonresident is: new text end 52.11     new text begin (1) age 14 or 15 and possesses a firearms safety certificate; new text end 52.12     new text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or new text end 52.13 new text begin guardian; new text end 52.14     new text begin (3) age 12 and is accompanied by a parent or guardian. A nonresident age 12 new text end 52.15 new text begin or under is not required to possess a firearms safety certificate under section 97B.020 new text end 52.16 new text begin to take big game; or new text end 52.17     new text begin (4) age 10 or 11 and is under the direct supervision of a parent or guardian where the new text end 52.18 new text begin parent is within immediate reach. new text end 52.19    Sec. 21. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 2, is 52.20amended to read: 52.21    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents 52.22only, are: 52.23    (1) for persons age 18 or over and under age 65 to take small game, $12.50; 52.24    (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game; 52.25    (3) new text begin for persons age 18 or over new text end to take turkey, $18 new text begin $23 new text end ; 52.26     new text begin (4) for persons under age 18 to take turkey, $12; new text end 52.27    (4) new text begin (5) new text end for persons age 18 or over to take deer with firearms, $26; 52.28    (5) new text begin (6) new text end for persons age 18 or over to take deer by archery, $26; 52.29    (6) new text begin (7) new text end to take moose, for a party of not more than six persons, $310; 52.30    (7) new text begin (8) new text end to take bear, $38; 52.31    (8) new text begin (9) new text end to take elk, for a party of not more than two persons, $250; 52.32    (9) new text begin (10) new text end multizone license to take antlered deer in more than one zone, $52; 52.33    (10) new text begin (11) new text end to take Canada geese during a special season, $4; 53.1    (11) new text begin (12) new text end all season license to take three deer throughout the state in any open deer 53.2season, except as restricted under section 97B.305, $78; 53.3    (12) new text begin (13) all-firearm season license to take two deer throughout the state in any open new text end 53.4 new text begin firearms deer season, except as restricted under section 97B.305, $52; new text end 53.5     new text begin (14) new text end to take prairie chickens, $20; 53.6    (13) new text begin (15) new text end for persons at least age 12 and under age 18 to take deer with firearms 53.7during the new text begin muzzle-loader season or during the new text end regular firearms season in any open zone 53.8or time period, $13; and 53.9    (14) new text begin (16) new text end for persons at least age 12 and under age 18 to take deer by archery, $13. 53.10 new text begin EFFECTIVE DATE. new text end new text begin The amendments to clauses (3) and (4) are effective March new text end 53.11 new text begin 1, 2009. new text end 53.12    Sec. 22. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 3, is 53.13amended to read: 53.14    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued 53.15to nonresidents, are: 53.16    (1) for persons age 18 and older to take small game, $73; 53.17    (2) for persons age 18 and older to take deer with firearms, $135; 53.18    (3) for persons age 18 and older to take deer by archery, $135; 53.19    (4) to take bear, $195; 53.20    (5) new text begin for persons age 18 and older new text end to take turkey, $73 new text begin $78 new text end ; 53.21     new text begin (6) for persons under age 18 to take turkey, $12; new text end 53.22    (6) new text begin (7) new text end to take raccoon or bobcat, $155; 53.23    (7) new text begin (8) new text end multizone license to take antlered deer in more than one zone, $270; 53.24    (8) new text begin (9) new text end to take Canada geese during a special season, $4; 53.25    (9) new text begin (10) new text end for persons at least age 12 and under age 18 to take deer with firearms 53.26during the new text begin muzzle-loader season or during the new text end regular firearms season in any open zone 53.27or time period, $13; and 53.28    (10) new text begin (11) new text end for persons at least age 12 and under age 18 to take deer by archery, $13. 53.29    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under 53.30paragraph (a), clauses (1) to (7) new text begin (5), (7), and (8) new text end . An additional commission may not be 53.31assessed on this surcharge. 53.32 new text begin EFFECTIVE DATE. new text end new text begin The amendments to paragraph (a), clauses (5) and (6), are new text end 53.33 new text begin effective March 1, 2009. new text end 54.1    Sec. 23. Minnesota Statutes 2006, section 97A.475, subdivision 5, is amended to read: 54.2    Subd. 5. Hunting stamps. Fees for the following stamps and stamp validations are: 54.3    (1) migratory waterfowl stamp, $7.50; new text begin and new text end 54.4    (2) pheasant stamp, $7.50; and 54.5    (3) turkey stamp validation, $5. 54.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 54.7    Sec. 24. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 7, is 54.8amended to read: 54.9    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued 54.10to nonresidents, are: 54.11    (1) to take fish by angling, $37.50; 54.12    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 54.13$26.50; 54.14    (3) to take fish by angling for a 72-hour period selected by the licensee, $22; 54.15    (4) to take fish by angling for a combined license for a family for one or both parents 54.16and dependent children under the age of 16, $50.50; 54.17    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and 54.18    (6) to take fish by angling for a combined license for a married couple, limited to 14 54.19consecutive days selected by one of the licensees, $38.50. new text begin ; and new text end 54.20     new text begin (7) to take fish by spearing from a dark house, $37.50. new text end 54.21    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 54.22issued under paragraph (a), clause (5). An additional commission may not be assessed 54.23on this surcharge. 54.24    Sec. 25. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 12, 54.25is amended to read: 54.26    Subd. 12. Fish houses new text begin or dark houses new text end ; nonresident. Fees for fish house new text begin or dark new text end 54.27 new text begin house new text end licenses for a nonresident are: 54.28    (1) annual, $33; 54.29    (2) seven consecutive days, $19; and 54.30    (3) three-year, $99. 54.31    Sec. 26. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 16, 54.32is amended to read: 55.1    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 55.2 new text begin bear hunting outfitter new text end license to guide bear hunters is $82.50 and is available only to 55.3a Minnesota resident individual. 55.4     new text begin (b) The fee for a resident master bear hunting outfitter license is $165. The fee to new text end 55.5 new text begin add an additional person under the license is $82.50 per person. new text end 55.6    Sec. 27. Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read: 55.7    Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell 55.8licenses under this section must issue the following licenses for the license fee and the 55.9following issuing fees: 55.10    (1) to take deer or bear with firearms and by archery, the issuing fee is $1; 55.11    (2) Minnesota sporting, the issuing fee is $1; and 55.12    (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing 55.13animals, the issuing fee is $1; 55.14    (4) for a stamp new text begin validation new text end that is not issued simultaneously with a license, an issuing 55.15fee of 50 cents may be charged at the discretion of the authorized seller; 55.16    (5) for stamps new text begin stamp validations new text end issued simultaneously with a license, there is no fee; 55.17    (6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441 55.18or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized 55.19seller; 55.20    (7) for lifetime licenses, there is no fee; and 55.21    (8) for all other licenses, permits, renewals, or applications or any other transaction 55.22through the electronic licensing system under this chapter or any other chapter when an 55.23issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion 55.24of the authorized seller. 55.25    (b) An issuing fee may not be collected for issuance of a trout and salmon stamp if 55.26a stamp validation is issued simultaneously with the related angling or sporting license. 55.27Only one issuing fee may be collected when selling more than one trout and salmon stamp 55.28in the same transaction after the end of the season for which the stamp was issued. 55.29    (c) The agent shall keep the issuing fee as a commission for selling the licenses. 55.30    (d) The commissioner shall collect the issuing fee on licenses sold by the 55.31commissioner. 55.32    (e) A license, except stamps, must state the amount of the issuing fee and that the 55.33issuing fee is kept by the seller as a commission for selling the licenses. 55.34    (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are: 55.35    (1) for licenses to take big game, 75 cents; and 56.1    (2) for other licenses, 50 cents. 56.2    (g) The commissioner may issue one-day angling licenses in books of ten licenses 56.3each to fishing guides operating charter boats upon receipt of payment of all license 56.4fees, excluding the issuing fee required under this section. Copies of sold and unsold 56.5licenses shall be returned to the commissioner. The commissioner shall refund the charter 56.6boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be 56.7maintained by the commissioner for one year. 56.8    Sec. 28. Minnesota Statutes 2006, section 97A.535, subdivision 1, is amended to read: 56.9    Subdivision 1. Tags required. (a) A person may not possess or transport deer, 56.10bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner 56.11prescribed by the commissioner. The commissioner must prescribe the type of tag that has 56.12the license number of the owner, the year of its issue, and other information prescribed by 56.13the commissioner. 56.14    (b) The tag and the license must be validated at the site of the kill as prescribed by 56.15the commissioner. 56.16    (c) Except as otherwise provided in this section, the tag must be attached to the 56.17deer, bear, elk, or moose at the site of the kill before the animal is removed from the 56.18site of the kill. 56.19    (d) The tag must remain attached to the animal until the animal is processed for 56.20storage. 56.21    (e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the 56.22kill without attaching the validated tag to the animal only while in the act of manually 56.23or mechanically dragging, carrying, or carting the animal across the ground and while 56.24possessing the validated tag on their person. A motor vehicle may be used to drag the 56.25animal across the ground. At all other times, the validated tag must be attached to the 56.26deer, bear, elk, or moose: 56.27    (1) as otherwise provided in this section; and 56.28    (2) prior to the animal being placed onto and transported on a motor vehicle, being 56.29hung from a tree or other structure or device, or being brought into a camp or yard or 56.30other place of habitation. 56.31    Sec. 29. Minnesota Statutes 2006, section 97B.015, subdivision 5, is amended to read: 56.32    Subd. 5. Firearms safety certificate. The commissioner shall issue a firearms 56.33safety certificate to a person that satisfactorily completes the required course of instruction. 56.34A person must be at least age 11 to take the firearms safety course and may receive a 57.1firearms safety certificate, but the certificate is not valid for hunting until the new text begin year the new text end 57.2person reaches age 12. A person who is age 11 and has a firearms safety certificate may 57.3purchase a deer, bear, turkey, or prairie chicken license new text begin to take big game new text end that will become 57.4 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 57.5the 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 57.6issued to a person under age 12 by another state as provided in section 97B.020 is not 57.7valid for hunting in Minnesota until the person reaches age 12. The form and content of 57.8the firearms safety certificate shall be prescribed by the commissioner. 57.9    Sec. 30. Minnesota Statutes 2007 Supplement, section 97B.031, subdivision 1, is 57.10amended to read: 57.11    Subdivision 1. Firearms and ammunition that may be used to take big game. (a) 57.12A person may take big game with a firearm only if: 57.13    (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 57.14 new text begin with centerfire ignition new text end ; 57.15    (2) the firearm is loaded only with single projectile ammunition; 57.16    (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 57.17an expanding bullet type; 57.18    (4) the ammunition has a case length of at least inches; 57.19    (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 57.20breech; 57.21    (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 57.22.45 inches; and 57.23    (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. 57.24    (b) Notwithstanding paragraph (a), clause (4), a person may take big game with a 57.25ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum 57.26cartridge, a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50 57.27Spencer, or 56-56 Spencer cartridge. 57.28    Sec. 31. Minnesota Statutes 2007 Supplement, section 97B.035, subdivision 1a, 57.29is amended to read: 57.30    Subd. 1a. Minimum draw weight. A bow used to take big game new text begin or turkey new text end must 57.31have a pull that meets or exceeds 30 pounds at or before full draw. 57.32    Sec. 32. Minnesota Statutes 2007 Supplement, section 97B.036, is amended to read: 57.3397B.036 CROSSBOW HUNTING DURING FIREARMS DEER SEASON. 58.1    Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer new text begin , new text end 58.2 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 . 58.3The transportation requirements of section 97B.051 apply to crossbows during the regular 58.4firearms deer new text begin , bear, or turkey new text end season. Crossbows must meet the requirements of section 58.597B.106, subdivision 2 . A person taking deer new text begin , bear, or turkey new text end by crossbow under this 58.6section must have a valid firearms deer license new text begin to take the respective game new text end . 58.7    Sec. 33. Minnesota Statutes 2006, section 97B.041, is amended to read: 58.897B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 58.9IN DEER ZONES. 58.10    A person may not possess a firearm or ammunition outdoors during the period 58.11beginning the fifth day before the open firearms season and ending the second day after 58.12the close of the season within an area where deer may be taken by a firearm, except: 58.13    (1) during the open season and in an area where big game may be taken, a firearm 58.14and ammunition authorized for taking big game in that area may be used to take big game 58.15in that area if the person has a valid big game license in possession; 58.16    (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle; 58.17    (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot 58.18or steel shot; 58.19    (4) a handgun or rifle and only short, long, and long rifle cartridges that are caliber 58.20of .22 inches new text begin capable of firing only rimfire cartridges of .17 and .22 caliber, including new text end 58.21 new text begin .22 magnum caliber cartridges new text end ; 58.22    (5) handguns possessed by a person authorized to carry a handgun under sections 58.23624.714 and 624.715 for the purpose authorized; and 58.24    (6) on a target range operated under a permit from the commissioner. 58.25    This section does not apply during an open firearms season in an area where deer 58.26may be taken only by muzzleloader, except that muzzleloading firearms lawful for the 58.27taking of deer may be possessed only by persons with a valid license to take deer by 58.28muzzleloader during that season. 58.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 58.30    Sec. 34. Minnesota Statutes 2006, section 97B.106, subdivision 1, is amended to read: 58.31    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may 58.32issue a special permit, without a fee, to take big game, small game, or rough fish with a 58.33crossbow to a person that is unable to hunt or take rough fish by archery because of a 59.1permanent or temporary physical disability. new text begin A crossbow permit issued under this section new text end 59.2 new text begin also allows the permittee to use a bow with a mechanical device that draws, releases, or new text end 59.3 new text begin holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a). new text end 59.4    (b) To qualify for a crossbow permit under this section, a temporary disability 59.5must render the person unable to hunt or fish by archery for a minimum of two years 59.6after application for the permit is made. The permanent or temporary disability must 59.7be established by medical evidence, and the inability to hunt or fish by archery for the 59.8required period of time must be verified in writing by a licensed physician or chiropractor. new text begin new text end 59.9 new text begin A person who has received a special permit under this section because of a permanent new text end 59.10 new text begin disability is eligible for subsequent special permits without providing medical evidence new text end 59.11 new text begin and verification of the disability. new text end 59.12    (c) The person must obtain the appropriate license. 59.13    Sec. 35. Minnesota Statutes 2006, section 97B.211, subdivision 1, is amended to read: 59.14    Subdivision 1. Possession of firearms prohibited. Except when hunting bear, A 59.15person may not take big game new text begin deer new text end by archery while in possession of a firearm. 59.16    Sec. 36. Minnesota Statutes 2006, section 97B.301, subdivision 6, is amended to read: 59.17    Subd. 6. Residents new text begin or nonresidents new text end under age 18 may take deer of either sex. 59.18    A resident new text begin or nonresident new text end under the age of 18 may take a deer of either sex except in 59.19those antlerless permit areas and seasons where no antlerless permits are offered. In 59.20antlerless permit areas where no antlerless permits are offered, the commissioner may 59.21provide a limited number of youth either sex permits to residents new text begin or nonresidents new text end under 59.22age 18, under the procedures provided in section 97B.305, and may give preference to 59.23residents new text begin or nonresidents new text end under the age of 18 that have not previously been selected. 59.24This subdivision does not authorize the taking of an antlerless deer by another member 59.25of a party under subdivision 3. 59.26    Sec. 37. Minnesota Statutes 2006, section 97B.301, is amended by adding a 59.27subdivision to read: 59.28     new text begin Subd. 8. new text end new text begin All-firearm season deer license. new text end new text begin (a) A resident may obtain an all-firearm new text end 59.29 new text begin season deer license that authorizes the resident to hunt during the regular firearms and new text end 59.30 new text begin muzzle-loader seasons. The all-firearm season license is valid for taking two deer, no new text end 59.31 new text begin more than one of which may be a legal buck. new text end 59.32     new text begin (b) The all-firearm season deer license is valid for taking antlerless deer as prescribed new text end 59.33 new text begin by the commissioner. new text end 60.1     new text begin (c) The commissioner shall issue two tags when issuing a license under this new text end 60.2 new text begin subdivision. new text end 60.3    Sec. 38. Minnesota Statutes 2007 Supplement, section 97B.328, is amended to read: 60.497B.328 BAITING PROHIBITED. 60.5     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 60.6not hunt deer: 60.7    (1) with the aid or use of bait new text begin or feed new text end ; new text begin or new text end 60.8    (2) in the vicinity of bait new text begin or feed new text end if the person knows or has reason to know that 60.9bait new text begin or feed new text end is present; or new text begin . new text end 60.10    (3) in the vicinity of where the person has placed bait or caused bait to be placed 60.11within the previous ten days. 60.12    (b) This restriction does not apply to: 60.13     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 60.14 new text begin complete removal of all bait or feed. new text end 60.15     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 60.16 new text begin fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and new text end 60.17 new text begin that has been placed by a person. Liquid scents, salt, minerals, and bird feeders containing new text end 60.18 new text begin grains or nuts that are at least six feet above the ground are not bait or feed. new text end 60.19    (1) Food resulting from normal or accepted farming, forest management, wildlife 60.20food plantings, orchard management, or other similar land management activities; or new text begin is new text end 60.21 new text begin not bait or feed unless it has been placed by a person. new text end 60.22     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 60.23 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 60.24property, when new text begin that is adjacent to property where bait or feed is present is not in violation new text end 60.25 new text begin of this section if new text end the person has not participated in, been involved with, or agreed to 60.26 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 . 60.27    Sec. 39. Minnesota Statutes 2006, section 97B.405, is amended to read: 60.2897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 60.29     new text begin (a) new text end The commissioner may limit the number of persons that may hunt bear in an 60.30area, if it is necessary to prevent an overharvest or improve the distribution of hunters. 60.31The commissioner may establish, by rule, a method, including a drawing, to impartially 60.32select the hunters for an area. The commissioner shall give preference to hunters that have 60.33previously applied and have not been selected. 61.1     new text begin (b) In the case of a drawing, the commissioner shall allow a person to apply for a new text end 61.2 new text begin permit in more than one area at the same time and rank the person's choice of area. A new text end 61.3 new text begin person applying for a permit shall submit the applicable license fee under section 97A.475 new text end 61.4 new text begin with the application. If a person is not selected for a bear hunting permit, the person may new text end 61.5 new text begin elect to have the license fee refunded or held and applied to a future license or permit. new text end 61.6    Sec. 40. Minnesota Statutes 2006, section 97B.431, is amended to read: 61.797B.431 BEAR HUNTING GUIDES new text begin OUTFITTERS new text end . 61.8     new text begin (a) new text end A person may not place bait for bear, or guide hunters to take bear, for 61.9compensation without a bear hunting guide new text begin outfitter new text end license. A bear hunting guide new text begin outfitter new text end 61.10is not required to have a license to take bear unless the guide new text begin outfitter new text end is attempting 61.11to shoot a bear. The commissioner shall adopt rules for qualifications for issuance and 61.12administration of the licenses. 61.13     new text begin (b) The commissioner shall establish a resident master bear hunting outfitter license new text end 61.14 new text begin under which one person serves as the bear hunting outfitter and one other person is eligible new text end 61.15 new text begin to guide and bait bear. Additional persons may be added to the license and are eligible to new text end 61.16 new text begin guide and bait bear under the license, provided the additional fee under section 97A.475, new text end 61.17 new text begin subdivision 16, is paid for each person added. The commissioner shall adopt rules for new text end 61.18 new text begin qualifications for issuance and administration of the licenses. new text end 61.19    Sec. 41. Minnesota Statutes 2006, section 97B.621, subdivision 3, is amended to read: 61.20    Subd. 3. Nighttime hunting restrictions. To take raccoons between new text begin one-half hour new text end 61.21 new text begin before new text end sunset and new text begin one-half hour after new text end sunrise, a person: 61.22    (1) must be on foot; 61.23    (2) may use an artificial light only if hunting with dogs; 61.24    (3) may not use a rifle other than one of a .22 inch caliber with .22 short, long, or 61.25long rifle, rimfire ammunition new text begin may use a handgun or rifle capable of firing only rimfire new text end 61.26 new text begin cartridges of .17 or .22 caliber, including .22 magnum new text end ; and 61.27    (4) may not use shotgun shells with larger than No. 4 shot. 61.28    Sec. 42. Minnesota Statutes 2006, section 97B.711, subdivision 1, is amended to read: 61.29    Subdivision 1. Seasons for certain upland game birds. (a) The commissioner 61.30may, by rule, prescribe an open season in designated areas between September 16 and 61.31January 3 for: 61.32    (1) pheasant; 61.33    (2) ruffed grouse; 62.1    (3) sharp tailed grouse; 62.2    (4) Canada spruce grouse; 62.3    (5) prairie chicken; 62.4    (6) gray partridge; 62.5    (7) bob-white quail; and 62.6    (8) turkey. 62.7    (b) The commissioner may by rule prescribe an open season for turkey in the spring. 62.8     new text begin (c) The commissioner shall allow a four-week season for turkey in the fall for the new text end 62.9 new text begin area designated as turkey permit area 601 as of the 2008 season. All applicable local new text end 62.10 new text begin and state regulations apply. new text end 62.11    Sec. 43. Minnesota Statutes 2006, section 97B.721, is amended to read: 62.1297B.721 LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 62.13TURKEY; TAGGING AND REGISTRATION REQUIREMENTS. 62.14    (a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person 62.15may not take a turkey without possessing a turkey license and a turkey stamp validation. 62.16    (b) The requirement in paragraph (a) to have a turkey stamp validation does not 62.17apply to persons under age 18. An unlicensed adult age 18 or older may assist a licensed 62.18wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while 62.19assisting a hunter under this paragraph and may not charge a fee for the assistance. 62.20    (c) The commissioner may by rule prescribe requirements for the tagging and 62.21registration of turkeys. 62.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 62.23    Sec. 44. Minnesota Statutes 2006, section 97C.001, subdivision 3, is amended to read: 62.24    Subd. 3. Seasons, limits, and other requirements. The commissioner may, in 62.25accordance with the procedures in subdivision 2 or by rule under chapter 14, establish 62.26open seasons, limits, methods, and other requirements for taking fish on experimental 62.27waters. new text begin Notwithstanding the limits on seasons in section 97C.395, subdivision 1, the new text end 62.28 new text begin commissioner may extend the end of a season for up to two weeks to take a fish species in new text end 62.29 new text begin an experimental water when the harvest level for the species in that season is less than the new text end 62.30 new text begin harvest goal of the experimental regulations. new text end 62.31    Sec. 45. Minnesota Statutes 2006, section 97C.005, subdivision 3, is amended to read: 63.1    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance 63.2with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 63.314, establish open seasons, limits, methods, and other requirements for taking fish on 63.4special management waters. new text begin Notwithstanding the limits on seasons in section 97C.395, new text end 63.5 new text begin subdivision 1, the commissioner may extend the end of a season for up to two weeks to new text end 63.6 new text begin take a fish species in a special management water when the harvest level for the species in new text end 63.7 new text begin that season is less than the harvest goal of the special management regulations. new text end 63.8    Sec. 46. Minnesota Statutes 2006, section 97C.205, is amended to read: 63.997C.205 TRANSPORTING AND STOCKING FISH. 63.10    (a) Except on the water body where taken, a person may not transport a live fish in a 63.11quantity of water sufficient to keep the fish alive, unless the fish: 63.12    (1) is being transported under an aquaculture license as authorized under sections 63.1317.4985 and 17.4986; 63.14    (2) is being transported for a fishing contest weigh-in under section 97C.081; 63.15    (3) is a minnow being transported under section 97C.505 or 97C.515; 63.16    (4) is being transported by a commercial fishing license holder under section 63.1797C.821 ; or 63.18    (5) is being transported as otherwise authorized in this section. 63.19    (b) The commissioner may adopt rules to allow and regulate: 63.20    (1) the transportation of fish and fish eggs; and 63.21    (2) the stocking of waters with fish or fish eggs. 63.22     new text begin (c) The commissioner must allow the possession of fish on special management or new text end 63.23 new text begin experimental waters to be prepared as a meal on the ice or on the shore of that water new text end 63.24 new text begin body if the fish: new text end 63.25     new text begin (1) were lawfully taken; new text end 63.26     new text begin (2) have been packaged by a licensed fish packer; and new text end 63.27     new text begin (3) do not otherwise exceed the daily possession limits. new text end 63.28    (c) new text begin (d) new text end The commissioner shall prescribe rules designed to encourage local sporting 63.29organizations to propagate game fish by using rearing ponds. The rules must: 63.30    (1) prescribe methods to acquire brood stock for the ponds by seining public waters; 63.31    (2) allow the sporting organizations to own and use seines and other necessary 63.32equipment; and 63.33    (3) prescribe methods for stocking the fish in public waters that give priority to the 63.34needs of the community where the fish are reared and the desires of the organization 63.35operating the rearing pond. 64.1    (d) new text begin (e) new text end A person age 16 or under may, for purposes of display in a home aquarium, 64.2transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, 64.3white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, 64.4yellow, and brown bullheads taken by angling. No more than four of each species may 64.5be transported at any one time, and any individual fish can be no longer than ten inches 64.6in total length. 64.7    Sec. 47. new text begin [97C.303] CONSERVATION ANGLING LICENSE. new text end 64.8     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 64.9 new text begin angling license according to this section. Conservation angling licenses shall be offered new text end 64.10 new text begin for resident individuals and resident married couples. new text end 64.11     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 64.12 new text begin under a conservation angling license are one-half the daily and possession limits for the new text end 64.13 new text begin corresponding fish taken under a standard angling license, rounded down to the next new text end 64.14 new text begin whole number if necessary. new text end 64.15     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 64.16 new text begin section is two-thirds of the corresponding standard angling license fee under section new text end 64.17 new text begin 97A.475, subdivision 6, rounded to the nearest whole dollar. new text end 64.18    Sec. 48. Minnesota Statutes 2006, section 97C.315, subdivision 1, is amended to read: 64.19    Subdivision 1. Lines. An angler may not use more than one line except new text begin two lines new text end 64.20 new text begin may be used to take fish new text end : 64.21    (1) two lines may be used to take fish through the ice; and new text begin (1) through the ice; or new text end 64.22    (2) the commissioner may, by rule, authorize the use of two lines in areas 64.23designated by the commissioner in Lake Superior new text begin (2) if the angler purchases a second new text end 64.24 new text begin line endorsement for $5 new text end . 64.25    Sec. 49. Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 2, is 64.26amended to read: 64.27    Subd. 2. License required. A person may not take fish from new text begin leave new text end a dark house 64.28or fish house that is left unattended on the ice overnight new text begin at any time between midnight new text end 64.29 new text begin and one hour before sunrise new text end unless the house is licensed and has a license tag attached 64.30to the exterior in a readily visible location, except as provided in this subdivision. The 64.31commissioner must issue a tag with a dark house or fish house license, marked with a 64.32number to correspond with the license and the year of issue. A dark house or fish house 65.1license is not required of a resident on boundary waters where the adjacent state does not 65.2charge a fee for the same activity. 65.3    Sec. 50. Minnesota Statutes 2006, section 97C.355, subdivision 4, is amended to read: 65.4    Subd. 4. Distance between houses. A person may not erect a dark house or new text begin , new text end fish 65.5house 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 . 65.6    Sec. 51. Minnesota Statutes 2006, section 97C.355, subdivision 7, is amended to read: 65.7    Subd. 7. Dates and times houses may remain on ice. (a) Except as provided in 65.8paragraph (d), A shelter, including a fish house or dark house, may not be on the ice 65.9 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 65.10dates: 65.11    (1) the last day of February new text begin first Monday in March new text end , for state waters south of a line 65.12starting at the Minnesota-North Dakota border and formed by rights-of-way of U.S. Route 65.13No. 10, then east along U.S. Route No. 10 to Trunk Highway No. 34, then east along 65.14Trunk Highway No. 34 to Trunk Highway No. 200, then east along Trunk Highway No. 65.15200 to U.S. Route No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin 65.16border; and 65.17    (2) new text begin the third Monday in new text end March 15, for other state waters. 65.18    A shelter, including a fish house or dark house, on the ice in violation of this 65.19subdivision is subject to the enforcement provisions of paragraph (b). The commissioner 65.20may, by rule, change the dates in this paragraph for any part of state waters. Copies of 65.21the rule must be conspicuously posted on the shores of the waters as prescribed by the 65.22commissioner. 65.23    (b) A conservation officer must confiscate a fish house, dark house, or shelter in 65.24violation of paragraph (a). The officer may remove, burn, or destroy the house or shelter. 65.25The officer shall seize the contents of the house or shelter and hold them for 60 days. If the 65.26seized articles have not been claimed by the owner, they may be retained for the use of the 65.27division or sold at the highest price obtainable in a manner prescribed by the commissioner. 65.28    (c) When the last day of February, under paragraph (a), clause (1), or March 15, 65.29under paragraph (a), clause (2), falls on a Saturday, a shelter, including a fish house or 65.30dark house, may be on the ice between 12:00 a.m. and one hour before sunrise until 65.3112:00 a.m. the following Monday. 65.32    (d) A person may have a shelter, including a fish house or dark house, on the ice 65.33between 12:00 a.m. and one hour before sunrise on waters within the area prescribed in 66.1paragraph (a), clause (2), but the house or shelter may not be unattended during those 66.2hours. 66.3    Sec. 52. Minnesota Statutes 2006, section 97C.355, subdivision 7a, is amended to read: 66.4    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 66.5ice overnight must be marked with reflective material on each side of the house new text begin structure new text end . 66.6The reflective material must measure a total area of no less than two square inches on each 66.7side of the house new text begin structure new text end . Violation of this subdivision is not subject to subdivision 8 66.8or section . 66.9    Sec. 53. Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 8, is 66.10amended to read: 66.11    Subd. 8. Confiscation of unlawful structures; civil penalty. (a) Structures on the 66.12ice in violation of this section may be confiscated and disposed of, retained by the division, 66.13or sold at the highest price obtainable, in a manner prescribed by the commissioner. 66.14    (b) In addition to other penalties provided by law, the owner of a structure left on the 66.15ice in violation of this section is subject to a civil penalty under section 115A.99. 66.16     new text begin (c) This subdivision also applies to structures left on state public access sites for new text end 66.17 new text begin more than 48 hours past the deadlines specified in subdivision 7. new text end 66.18    Sec. 54. Minnesota Statutes 2006, section 97C.371, subdivision 4, is amended to read: 66.19    Subd. 4. Open season. The open season for spearing through the ice is December 1 new text begin new text end 66.20 new text begin November 15 new text end to the last new text begin second new text end Sunday in February new text begin March new text end . 66.21    Sec. 55. Minnesota Statutes 2006, section 97C.371, is amended by adding a 66.22subdivision to read: 66.23     new text begin Subd. 5. new text end new text begin Nonresidents. new text end new text begin Nonresidents may spear from a fish house or dark house. new text end 66.24    Sec. 56. Minnesota Statutes 2006, section 97C.395, subdivision 1, is amended to read: 66.25    Subdivision 1. Dates for certain species. (a) The open seasons to take fish by 66.26angling are as follows: 66.27    (1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and 66.28smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend 66.29to the last Sunday in February; 66.30    (2) for lake trout, from January 1 to October 31; 67.1    (3) new text begin for the winter season for lake trout on all lakes and streams, from January 15 new text end 67.2 new text begin to March 31; new text end 67.3     new text begin (4) new text end for brown trout, brook trout, rainbow trout, and splake, between January 1 to 67.4October 31 as prescribed by the commissioner by rule except as provided in section 67.597C.415, subdivision 2 ; and 67.6    (4) new text begin (5) new text end for salmon, as prescribed by the commissioner by rule. 67.7    (b) The commissioner shall close the season in areas of the state where fish are 67.8spawning and closing the season will protect the resource. 67.9    Sec. 57. Minnesota Statutes 2006, section 97C.401, subdivision 2, is amended to read: 67.10    Subd. 2. Walleye; northern pike. (a) Except as provided in paragraph (b), a person 67.11may take new text begin have new text end no more than one walleye larger than 20 inches and one northern pike 67.12larger than 30 inches daily new text begin in possession new text end . 67.13    (b) The restrictions in paragraph (a) do not apply to boundary waters. 67.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2009. new text end 67.15    Sec. 58. Minnesota Statutes 2006, section 97C.865, subdivision 2, is amended to read: 67.16    Subd. 2. Rules. The commissioner may adopt rules establishing requirements for 67.17labeling and packing fish under a fish packer's license. new text begin The commissioner shall require new text end 67.18 new text begin only the license number of the fish packer, the name and license number of the angler new text end 67.19 new text begin or person who lawfully possesses the fish, the name of the lake on which the fish were new text end 67.20 new text begin caught, the species of fish, and the number of fish to appear on a label. The commissioner new text end 67.21 new text begin must not allow sauger to be labeled as walleye. new text end 67.22    Sec. 59. Minnesota Statutes 2006, section 624.20, subdivision 1, is amended to read: 67.23    Subdivision 1. Regulation. (a) As used in sections 624.20 to 624.25, the term 67.24"fireworks" means any substance or combination of substances or article prepared 67.25for the purpose of producing a visible or an audible effect by combustion, explosion, 67.26deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in 67.27which explosives are used, the type of balloons which require fire underneath to propel 67.28them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other 67.29than those specified in paragraph (c), or other fireworks of like construction, and any 67.30fireworks containing any explosive or inflammable compound, or any tablets or other 67.31device containing any explosive substance and commonly used as fireworks. 68.1    (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps 68.2containing 25/100 grains or less of explosive compound are used and toy pistol caps 68.3which contain less than 20/100 grains of explosive mixture. 68.4    (c) The term also does not include wire or wood sparklers of not more than 100 68.5grams of mixture per item, other sparkling items which are nonexplosive and nonaerial 68.6and contain 75 grams or less of chemical mixture per tube or a total of 200 new text begin 500 new text end grams 68.7or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers 68.8which include paper streamers, party poppers, string poppers, snappers, and drop pops, 68.9each consisting of not more than twenty-five hundredths grains of explosive mixture. The 68.10use of items listed in this paragraph is not permitted on public property. This paragraph 68.11does not authorize the purchase of items listed in it by persons younger than 18 years 68.12of age. The age of a purchaser of items listed in this paragraph must be verified by 68.13photographic identification. 68.14    (d) A local unit of government may impose an annual license fee for the retail 68.15sale of items authorized under paragraph (c). The annual license fee of each retail seller 68.16that is in the business of selling only the items authorized under paragraph (c) may not 68.17exceed $350, and the annual license of each other retail seller may not exceed $100. A 68.18local unit of government may not: 68.19    (1) impose any fee or charge, other than the fee authorized by this paragraph, on the 68.20retail sale of items authorized under paragraph (c); 68.21    (2) prohibit or restrict the display of items for permanent or temporary retail sale 68.22authorized under paragraph (c) that comply with National Fire Protection Association 68.23Standard 1124 (2003 edition); or 68.24    (3) impose on a retail seller any financial guarantee requirements, including bonding 68.25or insurance provisions, containing restrictions or conditions not imposed on the same 68.26basis on all other business licensees. 68.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 68.28    Sec. 60. new text begin UNCASED FIREARMS REPORT. new text end 68.29     new text begin (a) The commissioner of natural resources shall submit a report to the legislature by new text end 68.30 new text begin January 1, 2009, on uncased firearms that answers the questions listed below. new text end 68.31     new text begin (1) How many other states have laws like Minnesota's governing uncased firearms? new text end 68.32     new text begin (2) Are there any studies that prove that uncased firearms laws like Minnesota's new text end 68.33 new text begin reduce firearm-related accidents? new text end 69.1     new text begin (3) Is there evidence that more accidents occur loading and unloading firearms and new text end 69.2 new text begin putting firearms in and out of cases than would occur if the firearms were not required to new text end 69.3 new text begin be cased? new text end 69.4     new text begin (4) Are there any studies to prove that having a cased gun law reduces other criminal new text end 69.5 new text begin violations? For example, there are thousands of tickets written for uncased guns every new text end 69.6 new text begin year; is this the activity the state is trying to stop or is the state trying to reduce other new text end 69.7 new text begin crimes? Is there any proof that by issuing tickets Minnesota is stopping other crimes? new text end 69.8     new text begin (5) If the state cannot verify that it is reducing accidents or reducing other criminal new text end 69.9 new text begin violations by writing uncased gun tickets, why is the state writing them? new text end 69.10     new text begin (6) If the state is reducing other wildlife crimes such as shooting from the roadway, new text end 69.11 new text begin how is it doing this? new text end 69.12     new text begin (b) The report must comply with Minnesota Statutes, sections 3.195 and 3.197, and new text end 69.13 new text begin be submitted to the chairs of the house and senate committees with jurisdiction over the new text end 69.14 new text begin environment and natural resources. The commissioner may include additional information new text end 69.15 new text begin that the commissioner feels is important to this issue. new text end 69.16    Sec. 61. new text begin COCK PHEASANT BAG LIMIT; RULEMAKING. new text end 69.17     new text begin The commissioner of natural resources shall amend Minnesota Rules, part new text end 69.18 new text begin 6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day after the new text end 69.19 new text begin 16th day of the pheasant season. The commissioner may use the good cause exemption new text end 69.20 new text begin under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule and new text end 69.21 new text begin Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota new text end 69.22 new text begin Statutes, section 14.388. new text end 69.23    Sec. 62. new text begin BEAR HUNTING PERMIT DRAWING; RULEMAKING. new text end 69.24     new text begin The commissioner of natural resources shall adopt rules to comply with the changes new text end 69.25 new text begin made to Minnesota Statutes, section 97B.405. The commissioner may use the good cause new text end 69.26 new text begin exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt new text end 69.27 new text begin the rules. Minnesota Statutes, section 14.386, does not apply except as provided in new text end 69.28 new text begin Minnesota Statutes, section 14.388. new text end 69.29    Sec. 63. new text begin NONRESIDENT SPEAR FISHING; RULEMAKING. new text end 69.30     new text begin The commissioner of natural resources shall adopt rules, including amending new text end 69.31 new text begin Minnesota Rules, part 6262.0600, to allow taking fish by spear by nonresidents. The new text end 69.32 new text begin commissioner may use the good cause exemption under Minnesota Statutes, section new text end 70.1 new text begin 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 14.386, new text end 70.2 new text begin does not apply except as provided under Minnesota Statutes, section 14.388. new text end 70.3    Sec. 64. new text begin WILD TURKEY HUNTING MANAGEMENT RECOMMENDATIONS. new text end 70.4     new text begin The commissioner of natural resources, in consultation with the National new text end 70.5 new text begin Wild Turkey Federation, shall, by January 15, 2009, provide the legislature with new text end 70.6 new text begin recommendations for future management of hunting wild turkeys in Minnesota. new text end 70.7    Sec. 65. new text begin WALLEYE STOCKING ON LEECH LAKE. new text end 70.8     new text begin While continuing to study the effects of cormorant control on Leech Lake and the new text end 70.9 new text begin lack of natural reproduction of the walleye, the commissioner of natural resources shall new text end 70.10 new text begin stock Leech Lake with 25,000,000 walleye fry in calendar year 2009 and with 25,000,000 new text end 70.11 new text begin walleye fry in calendar year 2010 unless the commissioner can show evidence that the new text end 70.12 new text begin stocking is harmful to the lake's natural walleye population or that the fishery has fully new text end 70.13 new text begin recovered. new text end 70.14    Sec. 66. new text begin RULES. new text end 70.15     new text begin The commissioner of natural resources shall adopt rules in compliance with the new text end 70.16 new text begin changes to Minnesota Statutes, sections 97C.205 and 97C.865, subdivision 2. The rules new text end 70.17 new text begin required by this section are exempt from the rulemaking provisions of Minnesota Statutes, new text end 70.18 new text begin chapter 14. The rules are subject to Minnesota Statutes, section 14.386, except that new text end 70.19 new text begin notwithstanding Minnesota Statutes, section 14.386, paragraph (b), the rules continue new text end 70.20 new text begin in effect until repealed or superseded by other law or rule. As part of this rulemaking, new text end 70.21 new text begin the commissioner shall: new text end 70.22     new text begin (1) amend Minnesota Rules, part 6262.3250, by deleting item A and amending the new text end 70.23 new text begin part so that labels required under item D are consistent with the new requirements in new text end 70.24 new text begin Minnesota Statutes, section 97C.865, subdivision 2; and new text end 70.25     new text begin (2) amend Minnesota Rules, part 6262.0100, to allow the possession of fish on new text end 70.26 new text begin special management or experimental waters for a meal, as provided in Minnesota Statutes, new text end 70.27 new text begin section 97C.205. new text end 70.28    Sec. 67. new text begin DISABLED HUNTING; RULES. new text end 70.29     new text begin By January 1, 2010, the commissioner of natural resources shall consider amending new text end 70.30 new text begin Minnesota Rules in order to simplify the process for obtaining disabled hunting permits new text end 70.31 new text begin and for landowners to allow hunts on their land for the disabled. By January 1, 2009, new text end 70.32 new text begin the commissioner shall report to the chairs of the senate and house committees with new text end 71.1 new text begin jurisdiction over natural resources on any statutory changes needed in order to achieve the new text end 71.2 new text begin simplification. The commissioner shall work with nonprofit groups and other interested new text end 71.3 new text begin parties in simplifying the process. new text end 71.4    Sec. 68. new text begin MISSISSIPPI RIVER SLOT LIMITS. new text end 71.5     new text begin The Department of Natural Resources must not adopt rules regarding slot limits on new text end 71.6 new text begin the Mississippi River between the Crow River and Coon Rapids Dam without legislative new text end 71.7 new text begin authorization. new text end 71.8    Sec. 69. new text begin APPROPRIATION. new text end 71.9     new text begin $102,000 in fiscal year 2009 is appropriated from the game and fish fund to the new text end 71.10 new text begin commissioner of natural resources for the development of aquaculture best management new text end 71.11 new text begin practices. The base in fiscal year 2010 is $150,000. The base for fiscal year 2011 is $0. new text end 71.12    Sec. 70. new text begin REPEALER. new text end 71.13 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 71.14 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 71.15ARTICLE 3 71.16OUTDOOR HERITAGE 71.17    Section 1. Minnesota Statutes 2007 Supplement, section 10A.01, subdivision 35, 71.18is amended to read: 71.19    Subd. 35. Public official. "Public official" means any: 71.20    (1) member of the legislature; 71.21    (2) individual employed by the legislature as secretary of the senate, legislative 71.22auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 71.23attorney in the Office of Senate Counsel and Research or House Research; 71.24    (3) constitutional officer in the executive branch and the officer's chief administrative 71.25deputy; 71.26    (4) solicitor general or deputy, assistant, or special assistant attorney general; 71.27    (5) commissioner, deputy commissioner, or assistant commissioner of any state 71.28department or agency as listed in section 15.01 or 15.06, or the state chief information 71.29officer; 71.30    (6) member, chief administrative officer, or deputy chief administrative officer of a 71.31state board or commission that has either the power to adopt, amend, or repeal rules under 71.32chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 72.1    (7) individual employed in the executive branch who is authorized to adopt, amend, 72.2or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 72.3    (8) executive director of the State Board of Investment; 72.4    (9) deputy of any official listed in clauses (7) and (8); 72.5    (10) judge of the Workers' Compensation Court of Appeals; 72.6    (11) administrative law judge or compensation judge in the State Office of 72.7Administrative Hearings or referee in the Department of Employment and Economic 72.8Development; 72.9    (12) member, regional administrator, division director, general counsel, or operations 72.10manager of the Metropolitan Council; 72.11    (13) member or chief administrator of a metropolitan agency; 72.12    (14) director of the Division of Alcohol and Gambling Enforcement in the 72.13Department of Public Safety; 72.14    (15) member or executive director of the Higher Education Facilities Authority; 72.15    (16) member of the board of directors or president of Minnesota Technology, Inc.; 72.16    (17) member of the board of directors or executive director of the Minnesota State 72.17High School League; 72.18    (18) member of the Minnesota Ballpark Authority established in section 473.755; 72.19    (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources; 72.20    (20) manager of a watershed district, or member of a watershed management 72.21organization as defined under section 103B.205, subdivision 13; or 72.22    (21) supervisor of a soil and water conservation district new text begin ; or new text end 72.23     new text begin (22) citizen member of the Outdoor Heritage Council established in section 97A.056 new text end . 72.24    Sec. 2. new text begin [97A.056] OUTDOOR HERITAGE FUND; OUTDOOR HERITAGE new text end 72.25 new text begin COUNCIL. new text end 72.26     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 72.27 new text begin section 15, of the Minnesota Constitution, is established as an account in the state treasury. new text end 72.28 new text begin All money earned by the outdoor heritage fund must be credited to the fund. At least 99 new text end 72.29 new text begin and one-half percent of the money appropriated from the fund must be expended to restore, new text end 72.30 new text begin protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife. new text end 72.31     new text begin Subd. 2. new text end new text begin Outdoor Heritage Council. new text end new text begin (a) The Outdoor Heritage Council of 12 new text end 72.32 new text begin members is created in the legislative branch, consisting of: new text end 72.33     new text begin (1) four public members appointed by the senate Subcommittee on Committees of new text end 72.34 new text begin the Committee on Rules and Administration; new text end 72.35     new text begin (2) four public members appointed by the speaker of the house; and new text end 73.1     new text begin (3) four public members appointed by the governor. new text end 73.2     new text begin (b) Members appointed under paragraph (a) must not be registered lobbyists and new text end 73.3 new text begin must not have a personal or organizational conflict of interest, as provided in subdivision new text end 73.4 new text begin 4. In making appointments, the governor, senate Subcommittee on Committees of the new text end 73.5 new text begin Committee on Rules and Administration, and the speaker of the house shall attempt to new text end 73.6 new text begin provide for geographic balance. The governor's appointments to the council are subject new text end 73.7 new text begin to the advice and consent of the senate. new text end 73.8     new text begin (c) Members appointed under paragraph (a) shall have experience or expertise in new text end 73.9 new text begin the science, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, new text end 73.10 new text begin forests, and habitat for fish, game, and wildlife. new text end 73.11     new text begin (d) Public members serve four-year terms and shall be initially appointed according new text end 73.12 new text begin to the following schedule of terms: new text end 73.13     new text begin (1) two members appointed by the governor for a term ending the first Monday in new text end 73.14 new text begin January 2011; new text end 73.15     new text begin (2) two members appointed by the senate Subcommittee on Committees of the new text end 73.16 new text begin Committee on Rules and Administration for a term ending the first Monday in January new text end 73.17 new text begin 2011; new text end 73.18     new text begin (3) two members appointed by the speaker of the house for a term ending the first new text end 73.19 new text begin Monday in January 2011; new text end 73.20     new text begin (4) two members appointed by the governor for a term ending the first Monday in new text end 73.21 new text begin January 2013; new text end 73.22     new text begin (5) two members appointed by the senate Subcommittee on Committees of the new text end 73.23 new text begin Committee on Rules and Administration for a term ending the first Monday in January new text end 73.24 new text begin 2013; and new text end 73.25     new text begin (6) two members appointed by the speaker of the house for a term ending the first new text end 73.26 new text begin Monday in January 2013. new text end 73.27     new text begin (e) Compensation and removal of council members are as provided in section new text end 73.28 new text begin 15.059, subdivisions 3 and 4. A vacancy on the council may be filled by the appointing new text end 73.29 new text begin authority for the remainder of the unexpired term. new text end 73.30     new text begin (f) The first meeting of the council shall be convened by the chair of the Legislative new text end 73.31 new text begin Coordinating Commission. Members shall elect a chair, vice chair, secretary, and other new text end 73.32 new text begin officers as determined by the council. The chair may convene meetings as necessary to new text end 73.33 new text begin conduct the duties prescribed by this section. new text end 73.34     new text begin (g) The Department of Natural Resources shall provide administrative support for new text end 73.35 new text begin the council. Up to one-half of one percent of the money appropriated from the fund may new text end 74.1 new text begin be used to cover the staffing and related administrative expenses of the department, and to new text end 74.2 new text begin cover the compensation and travel expenses of council members. new text end 74.3     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 74.4 new text begin to the legislature on appropriations of money from the outdoor heritage fund that are new text end 74.5 new text begin consistent with the Constitution and state law, and that best achieve the land and aquatic new text end 74.6 new text begin habitat outcomes of the Minnesota Conservation and Preservation Plan. The council new text end 74.7 new text begin shall submit its initial recommendations to the legislature no later than April 1, 2009. new text end 74.8 new text begin Subsequent recommendations shall be submitted no later than January 15 each year. new text end 74.9     new text begin (b) The council shall work with the Clean Water Council to identify projects that new text end 74.10 new text begin are consistent with both the purpose of the outdoor heritage fund and the purpose of new text end 74.11 new text begin the clean water fund. new text end 74.12     new text begin (c) The council may make recommendations to the Legislative-Citizen Commission new text end 74.13 new text begin of Minnesota Resources on scientific research that will assist in restoring, protecting, and new text end 74.14 new text begin enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife. new text end 74.15     new text begin (d) Recommendations of the council, including approval of recommendations for the new text end 74.16 new text begin outdoor heritage fund, require an affirmative vote of at least seven members of the council. new text end 74.17     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 advocate for or new text end 74.18 new text begin against a council action or vote on any action that may be a conflict of interest. A conflict new text end 74.19 new text begin of interest must be disclosed as soon as it is discovered. The council shall follow the new text end 74.20 new text begin policies and requirements related to conflicts of interest developed by the Office of Grants new text end 74.21 new text begin Management under section 16B.98. new text end 74.22     new text begin (b) For the purposes of this section, a "conflict of interest" exists when a person has new text end 74.23 new text begin an organizational conflict of interest or direct financial interests and those interests present new text end 74.24 new text begin the appearance that it will be difficult for the person to impartially fulfill the person's duty. new text end 74.25 new text begin An "organizational conflict of interest" exists when a person has had an affiliation within new text end 74.26 new text begin the past three years, which presents the appearance of a conflict between organizational new text end 74.27 new text begin interests and council member duties, with an organization within the previous three years new text end 74.28 new text begin of council activity that involves the organization. new text end 74.29     new text begin Subd. 5. new text end new text begin Open meetings. new text end new text begin Meetings of the council and other groups the council new text end 74.30 new text begin may establish are subject to chapter 13D. Except where prohibited by law, the council new text end 74.31 new text begin shall establish additional processes to broaden public involvement in all aspects of its new text end 74.32 new text begin deliberations, including recording meetings, video conferencing, and publishing minutes. new text end 74.33 new text begin For the purposes of this subdivision, a meeting occurs when a quorum is present and the new text end 74.34 new text begin members receive information on, discuss, or take action on any matter relating to the duties new text end 74.35 new text begin of the council. Enforcement of this subdivision shall be governed by section 13D.06, new text end 74.36 new text begin subdivisions 1 and 2. The quorum requirement for the council shall be seven members. new text end 75.1     new text begin Subd. 6. new text end new text begin Audit. new text end new text begin The legislative auditor shall audit outdoor heritage fund new text end 75.2 new text begin expenditures every two years to ensure that the money is spent for the purposes for which new text end 75.3 new text begin the money was appropriated. new text end 75.4     new text begin Subd. 7. new text end new text begin Sunset. new text end new text begin This section expires January 15, 2015. new text end 75.5    Sec. 3. new text begin EFFECTIVE DATE. new text end 75.6     new text begin This article is effective January 15, 2009, if the constitutional amendment proposed new text end 75.7 new text begin in Laws 2008, chapter 151, is adopted by the voters. new text end