1.1 	A bill for an act
1.2 	relating to the environment and natural resources policy; regulating ballast 
1.3 	water; modifying solid waste provisions; modifying licensing requirements for 
1.4 	individual sewage treatment system professionals; restricting certain construction 
1.5 	debris as cover material; modifying requirements for certain air emission 
1.6 	permits; modifying storage tank requirements; modifying toxic chemical release 
1.7 	reporting requirements; modifying state park provisions; creating a Minnesota 
1.8 	forests for the future program; modifying snowmobile registration requirements; 
1.9 	modifying invasive species provisions; modifying campfire provisions; providing 
1.10 	a process for designating star lakes or rivers; creating a Star Lake Board 
1.11 	as a nonprofit corporation; allowing for the placement of star lake or river 
1.12 	signs on highways; reinstating an exemption from the Wetland Conservation 
1.13 	Act for approved development; providing wetland bank credit under certain 
1.14 	state-held conservation easements; modifying certain lease rates; creating the 
1.15 	Lessard-Heritage Enhancement Council; modifying state forest road recording 
1.16 	requirements; modifying citizen oversight subcommittees; requiring certain 
1.17 	rulemaking; eliminating certain positions, waysides, and prior appropriations; 
1.18 	appropriating money;amending Minnesota Statutes 2006, sections 84.82, 
1.19 	subdivision 2; 84D.10, subdivision 2; 84D.13, subdivision 4; 85.011; 85.012, 
1.20 	subdivisions 28, 49a; 85.013, subdivision 1; 85.053, by adding a subdivision; 
1.21 	85.054, subdivision 3, by adding a subdivision; 88.15, subdivision 2; 89.715; 
1.22 	97A.055, subdivision 4b; 103G.2241, by adding a subdivision; 115A.03, 
1.23 	subdivisions 21, 32a; 116.07, subdivision 4a; 116.47; 299K.08, by adding a 
1.24 	subdivision; Minnesota Statutes 2007 Supplement, section 115.56, subdivision 2; 
1.25 	proposing coding for new law in Minnesota Statutes, chapters 84; 97A; 103B; 
1.26 	103G; 115; 115A; 116; 173; repealing Minnesota Statutes 2006, sections 84.961, 
1.27 	subdivision 4; 85.013, subdivision 21b; Laws 1989, chapter 335, article 1, 
1.28 	section 21, subdivision 8, as amended.
1.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30 	ARTICLE 1
1.31 	ENVIRONMENTAL POLICY

1.32 	Section 1. [115.0301] DEFINITIONS.
2.1 		Subdivision 1.Application. For purposes of sections 115.0301 to 115.0309, the 
2.2 	following terms have the meanings given them.
2.3 		Subd. 2.Agency. "Agency" means the Pollution Control Agency.
2.4 		Subd. 3.Ballast water. "Ballast water" means water taken on board a vessel to 
2.5 	control trim, list, draft, stability, or stresses of the vessel, including matter suspended in 
2.6 	the water, or any water placed into a ballast tank during cleaning, maintenance, or other 
2.7 	operations.
2.8 		Subd. 4.Ballast water management. "Ballast water management" means 
2.9 	mechanical, physical, chemical, and biological processes used, either singularly or in 
2.10 	combination, to remove, render harmless, or avoid the uptake or discharge of harmful 
2.11 	aquatic organisms and pathogens within ballast water and sediment.
2.12 		Subd. 5.Commissioner. "Commissioner" means the commissioner of the Pollution 
2.13 	Control Agency.
2.14 		Subd. 6.Constructed. "Constructed" means a state of construction of a vessel at 
2.15 	which the keel is laid, construction identifiable with the specific vessel begins, assembly 
2.16 	of the vessel has begun comprising at least 50 tons or one percent of the estimated mass 
2.17 	of all structural material of the vessel, whichever is less, or the vessel undergoes a major 
2.18 	conversion.
2.19 		Subd. 7.Foreign vessel. "Foreign vessel" means a vessel of foreign registry or 
2.20 	operated under the authority of a foreign country.
2.21 		Subd. 8.Sediment. "Sediment" means matter that has settled out of ballast water 
2.22 	within a vessel.
2.23 		Subd. 9.State waters of Lake Superior. "State waters of Lake Superior" means 
2.24 	the surface waters of Lake Superior and waters that discharge, flow, or otherwise are 
2.25 	transferred into Lake Superior that are under the jurisdiction of the state.

2.26 	Sec. 2. [115.0306] BALLAST WATER MANAGEMENT PLAN.
2.27 		Subdivision 1.Ballast water management plan required. (a) The operator of 
2.28 	a vessel that is designed, constructed, or adapted to carry ballast water in state waters 
2.29 	of Lake Superior shall conduct all ballast water management operations of the vessel 
2.30 	according to a ballast water management plan that is designed to minimize the discharge 
2.31 	of invasive species, meets the requirements prescribed by the commissioner under 
2.32 	subdivision 2, and is approved by the commissioner.
2.33 	(b) The owner or operator of a vessel required to have a ballast water management 
2.34 	plan under paragraph (a) shall maintain a copy of the vessel's ballast water management 
3.1 	plan on board at all times and keep the plan readily available for examination by the 
3.2 	commissioner.
3.3 		Subd. 2.Ballast water management plan approval. (a) The commissioner may 
3.4 	not approve a ballast water management plan unless the commissioner determines that 
3.5 	the plan:
3.6 	(1) describes in detail the actions to be taken to implement ballast water management;
3.7 	(2) describes in detail the procedures to be used for disposal of sediment at sea 
3.8 	and on shore;
3.9 	(3) describes in detail the safety procedures for the vessel and crew associated 
3.10 	with ballast water management;
3.11 	(4) designates the officer on board of the vessel in charge of ensuring that the plan 
3.12 	is properly implemented;
3.13 	(5) contains the reporting requirements for vessels as prescribed by the 
3.14 	commissioner; and
3.15 	(6) meets all other requirements prescribed by the commissioner.
3.16 	(b) The commissioner may approve a ballast water management plan for a foreign 
3.17 	vessel on the basis of a certificate of compliance with the criteria described in paragraph 
3.18 	(a) issued by the vessels's country of registration according to standards established by 
3.19 	the commissioner.

3.20 	Sec. 3. [115.0307] BALLAST WATER RECORD BOOK.
3.21 		Subdivision 1.Ballast water record book required. The owner or operator of 
3.22 	a vessel required to have a ballast water management plan under section 115.0306 
3.23 	shall maintain, in English on board the vessel, a ballast water record book in which 
3.24 	each operation of the vessel involving ballast water or sediment discharge is recorded 
3.25 	as required by the commissioner. The ballast water record book shall be kept readily 
3.26 	available for examination by the commissioner. In cases where a vessel is without a crew 
3.27 	and being towed, the ballast water record book may be kept on the towing vessel.
3.28 		Subd. 2.Retention period. (a) Except as provided in paragraph (b), a ballast water 
3.29 	record book required in subdivision 1 shall be retained on board the vessel for three years 
3.30 	after the date on which the last entry in the book is made and shall be retained under the 
3.31 	control of the vessel's owner for an additional three years.
3.32 	(b) The commissioner may prescribe alternative time periods for record retention by 
3.33 	foreign vessels that are consistent with international practices.
3.34 		Subd. 3.Regulations. (a) The commissioner shall require, at a minimum, that:
4.1 	(1) each entry in the ballast water record book be signed and dated by the officer in 
4.2 	charge of the ballast water operation recorded;
4.3 	(2) each completed page in the ballast water record book be signed and dated by 
4.4 	the owner or operator of the vessel; and
4.5 	(3) the owner or operator of the vessel transmit any information to the commissioner 
4.6 	regarding the ballast operations of the vessel as the commissioner may require.
4.7 	(b) The commissioner may provide for alternative methods of record keeping, 
4.8 	including electronic record keeping, to comply with the requirements of this section. Any 
4.9 	electronic record keeping method authorized by the commissioner shall comply with 
4.10 	applicable standards of the state and the National Institute of Standards and Technology 
4.11 	governing reliability, integrity, identity authentication, and nonrepudiation of stored 
4.12 	electronic data.

4.13 	Sec. 4. [115.0309] CONSULTATION AND COOPERATION.
4.14 		Subdivision 1.Great Lakes Panel on Aquatic Nuisance Species. The 
4.15 	commissioner of natural resources shall cooperate to the fullest extent practicable with 
4.16 	the Great Lakes Panel on Aquatic Nuisance Species to ensure development of standards 
4.17 	for the control of invasive species that are broadly protective of the state waters of Lake 
4.18 	Superior and other natural resources. The commissioner of the Pollution Control Agency 
4.19 	shall serve as the alternate to the commissioner of natural resources if necessary.
4.20 		Subd. 2.Cooperation with other state agencies. In developing the permit process 
4.21 	and any standards established under sections 115.0301 to 115.0309, the commissioner 
4.22 	is encouraged to consult with the commissioners of commerce, agriculture, natural 
4.23 	resources, and any other agency that the commissioner determines to be necessary to 
4.24 	develop and implement an effective program for preventing the introduction and spread 
4.25 	of invasive species through ballast water.
4.26 		Subd. 3.Canada and other foreign governments. In developing the permit 
4.27 	process and any standards established under sections 115.0301 to 115.0309, the 
4.28 	commissioner is encouraged to consult with the government of Canada and any other 
4.29 	government of a foreign country that the commissioner determines to be necessary to 
4.30 	develop and implement an effective program for preventing the introduction and spread 
4.31 	of invasive species through ballast water.

4.32 	Sec. 5. Minnesota Statutes 2007 Supplement, section 115.56, subdivision 2, is 
4.33 	amended to read:
5.1 		Subd. 2.License required. (a) Except as provided in paragraph (b), after March 
5.2 	31, 1996, a person may not design, install, maintain, pump, or inspect, or provide service 
5.3 	to an individual sewage treatment system without a license issued by the commissioner.
5.4 	Licenses issued under this section allow work on individual sewage treatment systems 
5.5 	with a flow of 10,000 gallons of water per day or less using prescriptive designs and 
5.6 	design guidances provided by the agency.
5.7 	(b) A license is not required for a person who complies with the applicable 
5.8 	requirements if the person is:
5.9 	(1) a qualified employee of state or local government who has passed the 
5.10 	examination described in paragraph (d) or a similar examination;
5.11 	(2) an individual who constructs an individual sewage treatment system on land that 
5.12 	is owned or leased by the individual and functions solely as the individual's dwelling or 
5.13 	seasonal dwelling;
5.14 	(3) a farmer who pumps and disposes of sewage waste from individual sewage 
5.15 	treatment systems, holding tanks, and privies on land that is owned or leased by the 
5.16 	farmer; or
5.17 	(4) an individual who performs labor or services for a person licensed under this 
5.18 	section in connection with the design, installation, maintenance, pumping, or inspection of 
5.19 	an individual sewage treatment system at the direction and under the personal supervision 
5.20 	of a person licensed under this section.
5.21 	A person constructing an individual sewage treatment system under clause (2) must 
5.22 	consult with a site evaluator or designer before beginning construction. In addition, the 
5.23 	system must be inspected before being covered and a compliance report must be provided 
5.24 	to the local unit of government after the inspection.
5.25 	(c) The commissioner, in conjunction with the University of Minnesota Extension 
5.26 	Service or another higher education institution, shall ensure adequate training and design 
5.27 	guidance exists for individual sewage treatment system professionals.
5.28 	(d) The commissioner shall conduct examinations to test the knowledge of applicants 
5.29 	for licensing and shall issue documentation of licensing.
5.30 	(e) Licenses may be issued only upon successful completion of the required 
5.31 	examination and submission of proof of sufficient experience, proof of general liability 
5.32 	insurance, and a corporate surety bond in the amount of at least $10,000.
5.33 	(f) Notwithstanding paragraph (e), the examination and proof of experience are not 
5.34 	required for an individual sewage treatment system professional who, on the effective date 
5.35 	of the rules adopted under subdivision 1, holds a certification attained by examination and 
5.36 	experience under a voluntary certification program administered by the agency.
6.1 	(g) Local units of government may not require additional local licenses for individual 
6.2 	sewage treatment system professionals.
6.3 	(h) A pumper whose annual gross revenue from pumping systems is $9,000 or 
6.4 	less and whose gross revenue from pumping systems during the year ending May 11, 
6.5 	1994, was at least $1,000 is not subject to training requirements in rules adopted under 
6.6 	subdivision 1, except for any training required for initial licensure.
6.7 	(i) Until December 31, 2010, No other professional license is required to:
6.8 	(1) design, install, maintain, or inspect, or provide service for an individual sewage 
6.9 	treatment system with a flow of 10,000 gallons of water per day or less using prescriptive 
6.10 	designs and design guidances provided by the agency if the system designer, installer, 
6.11 	maintainer, or inspector, or service provider is licensed under this subdivision and the 
6.12 	local unit of government has not adopted additional requirements; and
6.13 	(2) operate an individual sewage treatment system with a flow of 10,000 gallons 
6.14 	of water per day or less if the system operator is licensed as a system designer, installer, 
6.15 	maintainer, or inspector under this subdivision and the local unit of government has not 
6.16 	adopted additional requirements.

6.17 	Sec. 6. Minnesota Statutes 2006, section 115A.03, subdivision 21, is amended to read:
6.18 		Subd. 21.Mixed municipal solid waste. (a) "Mixed municipal solid waste" means 
6.19 	garbage, refuse, and other solid waste from residential, commercial, industrial, and 
6.20 	community activities that the generator of the waste aggregates for collection, except as 
6.21 	provided in paragraph (b).
6.22 	(b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, 
6.23 	construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid 
6.24 	batteries, motor and vehicle fluids and filters, and other materials collected, processed, 
6.25 	and disposed of as separate waste streams, but does include source-separated compostable 
6.26 	materials.

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

6.28 	Sec. 7. Minnesota Statutes 2006, section 115A.03, subdivision 32a, is amended to read:
6.29 		Subd. 32a.Source-separated compostable materials. "Source-separated 
6.30 	compostable materials" means mixed municipal solid waste materials that:
6.31 	(1) is are separated at the source by waste generators for the purpose of preparing 
6.32 	it them for use as compost;
6.33 	(2) is are collected separately from other mixed municipal solid wastes waste, and 
6.34 	are governed by the licensing provisions of section 115A.93;
7.1 	(3) is are comprised of food wastes, fish and animal waste, plant materials, 
7.2 	diapers, sanitary products, and paper that is not recyclable because the commissioner has 
7.3 	determined that no other person is willing to accept the paper for recycling; and
7.4 	(4) is are delivered to a facility to undergo controlled microbial degradation to yield 
7.5 	a humus-like product meeting the agency's class I or class II, or equivalent, compost 
7.6 	standards and where process residues do not exceed 15 percent by weight of the total 
7.7 	material delivered to the facility; and
7.8 	(5) may be delivered to a transfer station, mixed municipal solid waste processing 
7.9 	facility, or recycling facility only for the purposes of composting or transfer to a 
7.10 	composting facility, unless the commissioner determines that no other person is willing 
7.11 	to accept the materials.

7.12 	Sec. 8. [115A.936] CONSTRUCTION DEBRIS AS COVER MATERIAL 
7.13 	PROHIBITED.
7.14 	(a) Construction debris or residuals from processed construction debris containing 
7.15 	any amount of gypsum shall not be managed as cover material at disposal facilities unless:
7.16 	(1) residual material is managed in an industrial or construction and demolition 
7.17 	disposal facility equipped with a liner and leachate collection system;
7.18 	(2) residual material is not mechanically pulverized or size-reduced prior to 
7.19 	processing, screening, or application;
7.20 	(3) a maximum effort is made to remove gypsum from the waste prior to processing, 
7.21 	screening, or application;
7.22 	(4) residual material is mixed at a ratio of one part soil to one part residual material 
7.23 	prior to application; and
7.24 	(5) the disposal facility does not accept any amount of cover material greater than 
7.25 	what is operationally necessary.
7.26 	(b) For the purposes of this section, "residual material" means construction debris or 
7.27 	residuals from processed construction debris containing any amount of gypsum.

7.28 	Sec. 9. Minnesota Statutes 2006, section 116.07, subdivision 4a, is amended to read:
7.29 		Subd. 4a.Permits. (a) The Pollution Control Agency may issue, continue in 
7.30 	effect or deny permits, under such conditions as it may prescribe for the prevention of 
7.31 	pollution, for the emission of air contaminants, or for the installation or operation of 
7.32 	any emission facility, air contaminant treatment facility, treatment facility, potential air 
7.33 	contaminant storage facility, or storage facility, or any part thereof, or for the sources 
7.34 	or emissions of noise pollution.
8.1 	The Pollution Control Agency may also issue, continue in effect or deny permits, 
8.2 	under such conditions as it may prescribe for the prevention of pollution, for the storage, 
8.3 	collection, transportation, processing, or disposal of waste, or for the installation or 
8.4 	operation of any system or facility, or any part thereof, related to the storage, collection, 
8.5 	transportation, processing, or disposal of waste.
8.6 	The agency may not issue a new permit to a new facility located in a community in a 
8.7 	city of the first class in Hennepin County that meets all of the following conditions:
8.8 	(1) is within a half mile of a site designated by the federal government as an EPA 
8.9 	superfund site due to residential arsenic contamination;
8.10 	(2) a majority of the population are low-income persons of color and American 
8.11 	Indians;
8.12 	(3) a disproportionate percent of the children have childhood lead poisoning, asthma, 
8.13 	or other environmentally related health problems;
8.14 	(4) is located in a city that has experienced numerous air quality alert days of 
8.15 	dangerous air quality for sensitive populations between February 2007 and February 
8.16 	2008; and
8.17 	(5) is located near the junctions of several heavily trafficked state and county 
8.18 	highways and two one-way streets which carry both truck and auto traffic.
8.19 	The Pollution Control Agency may revoke or modify any permit issued under this 
8.20 	subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to 
8.21 	prevent or abate pollution. 
8.22 	(b) The Pollution Control Agency has the authority for approval over the siting, 
8.23 	expansion, or operation of a solid waste facility with regard to environmental issues. 
8.24 	However, the agency's issuance of a permit does not release the permittee from any 
8.25 	liability, penalty, or duty imposed by any applicable county ordinances. Nothing in this 
8.26 	chapter precludes, or shall be construed to preclude, a county from enforcing land use 
8.27 	controls, regulations, and ordinances existing at the time of the permit application and 
8.28 	adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, 
8.29 	with regard to the siting, expansion, or operation of a solid waste facility. 

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

8.31 	Sec. 10. Minnesota Statutes 2006, section 116.47, is amended to read:
8.32 	116.47 EXEMPTIONS.
8.33 	Sections 116.48, 116.49, and 116.482 to 116.491 do not apply to: 
9.1 	(1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor 
9.2 	fuel for noncommercial purposes;
9.3 	(2) tanks of 1,100 gallons or less capacity used for storing heating oil for 
9.4 	consumptive use on the premises where stored;
9.5 	(3) pipeline facilities, including gathering lines, regulated under the Natural Gas 
9.6 	Pipeline Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous 
9.7 	Liquid Pipeline Safety Act of 1979, United States Code, title 49, chapter 29;
9.8 	(4) surface impoundments, pits, ponds, or lagoons;
9.9 	(5) storm water or waste water collection systems;
9.10 	(6) flow-through process tanks;
9.11 	(7) tanks located in an underground area, including basements, cellars, 
9.12 	mineworkings, drifts, shafts, or tunnels, if the storage tank is located upon or above the 
9.13 	surface of the floor;
9.14 	(8) septic tanks;
9.15 	(9) tanks used for storing liquids that are gaseous at atmospheric temperature and 
9.16 	pressure; or
9.17 	(10) tanks used for storing agricultural chemicals regulated under chapter 18B, 
9.18 	18C, or 18D.

9.19 	Sec. 11. [116.482] PETROLEUM RELEASE NOTIFICATION.
9.20 	(a) When a potential receptor survey is conducted for a petroleum tank release as 
9.21 	provided in agency guidance documents, the tank owner must provide information on 
9.22 	the results of the survey, reports of all releases, and any corrective actions, as defined 
9.23 	in section 115C.02, that are related to the petroleum tank release in an understandable 
9.24 	manner to residents contacted in the survey. The information may be provided through 
9.25 	personal contact, mail, or e-mail.
9.26 	(b) An owner may delegate the owner's responsibility under paragraph (a) to the 
9.27 	owner's consultant or contractor, as those terms are defined in section 115C.02, or to 
9.28 	the operator of the tank.

9.29 	Sec. 12. Minnesota Statutes 2006, section 299K.08, is amended by adding a 
9.30 	subdivision to read:
9.31 		Subd. 3a.Use of alternative threshold and certifications; restrictions. (a) For 
9.32 	Minnesota facilities required to report under subdivision 3, the alternative threshold 
9.33 	quantities outlined in Code of Federal Regulations, title 40, section 372.27, paragraphs 
9.34 	(a)(1) and (a)(2)(ii), or a successor regulation, shall be changed back to the threshold 
10.1 	levels prior to implementation of the toxic release inventory burden reduction rule of 
10.2 	December 18, 2006.
10.3 	(b) The use of Environmental Protection Agency certification form 9530-2, (Form 
10.4 	A), or any equivalent successor to the form, shall not be used by facilities:
10.5 	(1) if the total annual reportable amount is 500 pounds or more for nonpersistent 
10.6 	bioaccumulative and toxic chemicals; or
10.7 	(2) with respect to any chemical identified by the Environmental Protection Agency 
10.8 	administrator as a chemical of special concern under Code of Federal Regulations, title 40, 
10.9 	section 372.28, or a successor regulation.
10.10 	(c) Facilities affected by paragraph (b) must use Environmental Protection Agency 
10.11 	form 9350-1 (Form R), or any equivalent successor to the form.

10.12 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2007, 
10.13 	and applies to reports due in 2007 for calendar year 2006 to ensure that no data gaps exist 
10.14 	from previous toxic chemical inventory data.

10.15 	ARTICLE 2
10.16 	NATURAL RESOURCE POLICY

10.17 	Section 1. [84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
10.18 		Subdivision 1.Purpose. The Minnesota forests for the future program identifies and 
10.19 	protects private, working forest lands for their timber, scenic, recreational, fish and wildlife 
10.20 	habitat, threatened and endangered species, and other cultural and environmental values.
10.21 		Subd. 2.Definitions. For the purpose of this section, the following terms have 
10.22 	the meanings given:
10.23 	(1) "forest land" has the meaning given under section 89.001, subdivision 4;
10.24 	(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
10.25 	(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
10.26 	(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a; 
10.27 	and 
10.28 	(5) "working forest land" means land that provides a broad range of goods and 
10.29 	services, including forest products, recreation, fish and wildlife habitat, clean air and 
10.30 	water, and carbon sequestration.
10.31 		Subd. 3.Establishment. The commissioner of natural resources shall establish and 
10.32 	administer a Minnesota forests for the future program. Land selected for inclusion in the 
10.33 	program shall be evaluated on the land's potential for:
10.34 	(1) producing timber and other forest products;
11.1 	(2) maintaining forest landscapes;
11.2 	(3) providing public recreation; and
11.3 	(4) providing ecological, fish and wildlife habitat, other cultural and environmental 
11.4 	values, and values consistent with working forest lands.
11.5 		Subd. 4.Land eligibility. Land may be placed in the Minnesota forests for the 
11.6 	future program if it:
11.7 	(1) is:
11.8 	(i) forest land;
11.9 	(ii) desirable land adjacent to forest land, as determined by the commissioner; or
11.10 	(iii) beneficial to forest resource protection;
11.11 	(2) is at least five acres in size, except for a riparian area or an area providing access 
11.12 	to state forest land; and
11.13 	(3) is not set aside, enrolled, or diverted under another federal or state program, 
11.14 	unless enrollment in the Minnesota forests for the future program would provide additional 
11.15 	conservation benefits or a longer enrollment term than under the current federal or state 
11.16 	program.
11.17 		Subd. 5.Land interests. The commissioner may acquire permanent interests in 
11.18 	lands by fee title, easement acquisition, gift, or donation. An acquired easement shall 
11.19 	require a forestry management plan unless the requirement is waived or modified by 
11.20 	the commissioner. The plan will guide forest management activities consistent with the 
11.21 	purposes and terms of the easement and shall incorporate guidelines and other forest 
11.22 	management practices as determined by the commissioner to provide perpetuation of the 
11.23 	forest. The plan shall be developed in accordance with the guidelines.
11.24 		Subd. 6.Application. The commissioner shall accept applications from owners of 
11.25 	eligible lands at the time, in the form, and containing the information as the commissioner 
11.26 	may prescribe. If the number of applications exceeds the ability to fund them all, priority 
11.27 	shall be given to those applications covering lands providing the greatest public benefits 
11.28 	for timber productivity, public access, and ecological and wildlife values.
11.29 		Subd. 7.Landowner responsibilities. The commissioner may enroll eligible land 
11.30 	in the program by signing an easement in recordable form with a landowner in which 
11.31 	the landowner agrees to:
11.32 	(1) convey to the state a permanent easement that is not subject to any prior title, 
11.33 	lien, or encumbrance; and
11.34 	(2) manage the land in a manner consistent with the purposes for which the land was 
11.35 	selected for the program and not convert the land to other uses.
12.1 		Subd. 8.Advisory team. In administering the program, the commissioner may 
12.2 	establish an advisory team to provide advice on program management.
12.3 		Subd. 9.Correction of easement boundary lines. To correct errors in legal 
12.4 	descriptions for easements that affect the ownership interests in the state and adjacent 
12.5 	landowners, the commissioner may, in the name of the state, convey without consideration, 
12.6 	interests of the state necessary to correct legal descriptions of boundaries. The conveyance 
12.7 	must be by quitclaim deed or release in a form approved by the attorney general.
12.8 		Subd. 10.Terminating or changing an easement. The commissioner may 
12.9 	terminate an easement, with the consent of the property owner, if the commissioner 
12.10 	determines termination to be in the public interest. The commissioner may modify the 
12.11 	terms of an easement if the commissioner determines that modification will help implement 
12.12 	the Minnesota forests for the future program or facilitate the program's administration.
12.13 		Subd. 11.Payments. Payments to landowners under the Minnesota forests for 
12.14 	the future program shall be made in accordance with law and Department of Natural 
12.15 	Resources acquisition policies, procedures, and other funding requirements.
12.16 		Subd. 12.Monitoring, enforcement, and damages. (a) The commissioner shall 
12.17 	establish a long-term program for monitoring and enforcing Minnesota forests for the 
12.18 	future easements.
12.19 	(b) A landowner who violates the terms of an easement under this section or induces, 
12.20 	assists, or allows another to do so is liable to the state for damages due to the loss of 
12.21 	timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species, 
12.22 	and other cultural and environmental values.
12.23 	(c) Upon request of the commissioner, the attorney general may commence an action 
12.24 	for specific performance, injunctive relief, damages, including attorney's fees, and any 
12.25 	other appropriate relief to enforce this section in district court in the county where all or 
12.26 	part of the violation is alleged to have been committed or where the landowner resides or 
12.27 	has a principal place of business.
12.28 		Subd. 13.Rulemaking exemption. Easements agreed to under this section are not 
12.29 	subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

12.30 	Sec. 2. Minnesota Statutes 2006, section 84.82, subdivision 2, is amended to read:
12.31 		Subd. 2.Application, issuance, reports, additional fee. (a) Application for 
12.32 	registration or reregistration shall be made to the commissioner or an authorized deputy 
12.33 	registrar of motor vehicles in a format prescribed by the commissioner and shall state the 
12.34 	legal name and address of every owner of the snowmobile.
13.1 	(b) A person who purchases a snowmobile from a retail dealer shall make application 
13.2 	for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary 
13.3 	ten-day registration permit to each purchaser who applies to the dealer for registration. 
13.4 	Each retail dealer shall submit completed registration and fees to the deputy registrar at 
13.5 	least once a week. No fee may be charged by a dealer to a purchaser for providing the 
13.6 	temporary permit.
13.7 	(c) Upon receipt of the application and the appropriate fee as hereinafter provided, 
13.8 	the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, 
13.9 	an assigned registration number, including a strip with the registration number that may 
13.10 	be affixed to the snowmobile, or a commissioner or deputy registrar temporary ten-day 
13.11 	permit. Once issued, the registration number must be affixed to the snowmobile  using the 
13.12 	strip issued or by another method chosen by the owner in a clearly visible and permanent 
13.13 	manner for enforcement purposes on the windshield or as the commissioner of natural 
13.14 	resources shall prescribe. A dealer subject to paragraph (b) shall provide the registration 
13.15 	materials or temporary permit to the purchaser within the temporary ten-day permit period. 
13.16 	The registration is not valid unless signed by at least one owner.
13.17 	(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall 
13.18 	also be a deputy registrar of snowmobiles. The commissioner of natural resources in 
13.19 	agreement with the commissioner of public safety may prescribe the accounting and 
13.20 	procedural requirements necessary to assure efficient handling of registrations and 
13.21 	registration fees. Deputy registrars shall strictly comply with these accounting and 
13.22 	procedural requirements.
13.23 	(e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
13.24 	(1) each snowmobile registered by the registrar or a deputy registrar and the 
13.25 	additional fee shall be disposed of in the manner provided in section 168.33, subdivision 
13.26 	2; or
13.27 	(2) each snowmobile registered by the commissioner and the additional fee shall 
13.28 	be deposited in the state treasury and credited to the snowmobile trails and enforcement 
13.29 	account in the natural resources fund.

13.30 	EFFECTIVE DATE. This section is effective July 1, 2009.

13.31 	Sec. 3. Minnesota Statutes 2006, section 84D.10, subdivision 2, is amended to read:
13.32 		Subd. 2.Exceptions. Unless otherwise prohibited by law, a person may place into 
13.33 	the waters of the state a watercraft or trailer with aquatic macrophytes:
13.34 	(1) that are duckweeds in the family Lemnaceae;
14.1 	(2) for purposes of shooting or observation blinds attached in or on watercraft in 
14.2 	amounts sufficient for that purpose, if the aquatic macrophytes are emergent and cut 
14.3 	above the waterline;
14.4 	(3) that are wild rice harvested under section 84.091; or 
14.5 	(4) in the form of fragments of emergent aquatic macrophytes incidentally 
14.6 	transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl 
14.7 	season.

14.8 	Sec. 4. Minnesota Statutes 2006, section 84D.13, subdivision 4, is amended to read:
14.9 		Subd. 4.Warnings; civil citations. After appropriate training, conservation 
14.10 	officers, other licensed peace officers, and other department personnel designated by the 
14.11 	commissioner may issue warnings or citations to a person who:
14.12 	(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
14.13 	(2) unlawfully places or attempts to place into waters of the state a trailer, a 
14.14 	watercraft, or plant harvesting equipment that has aquatic macrophytes or prohibited 
14.15 	invasive species attached;
14.16 	(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 
14.17 	by rule, Eurasian water milfoil;
14.18 	(4) fails to drain water, as required by rule, from watercraft and equipment before 
14.19 	leaving designated zebra mussel, spiny water flea, or other invasive plankton infested 
14.20 	waters; or
14.21 	(5) transports infested water, in violation of rule, off riparian property.

14.22 	Sec. 5. Minnesota Statutes 2006, section 85.011, is amended to read:
14.23 	85.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF 
14.24 	STATE PARKS, MONUMENTS, STATE RECREATION RESERVES AREAS,
14.25 	AND WAYSIDES.
14.26 	The legislature of this state has provided for the creation and establishment of 
14.27 	state parks, designated monuments, state recreation reserves areas, and waysides for the 
14.28 	purpose of conserving the scenery, natural and historic objects and wildlife and to provide 
14.29 	for the enjoyment of the same in such manner and by such means as will leave them 
14.30 	unimpaired for the enjoyment of future generations.
14.31 	The establishment of such state parks, designated monuments, state recreation 
14.32 	reserves areas, and waysides is hereby confirmed as provided in this section and sections 
14.33 	85.012 and 85.013 and they shall remain perpetually dedicated for the use of the people of 
14.34 	the state for park purposes.
15.1 	The enumerated state parks, state monuments, state recreation areas, and state 
15.2 	waysides shall consist of the lands and other property authorized therefor before January 
15.3 	1, 1969, together with such other lands and properties as may be authorized therefor on 
15.4 	or after January 1, 1969.

15.5 	Sec. 6. Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read:
15.6 		Subd. 28. Interstate State Park, Chisago County, which is hereby renamed from 
15.7 	Dalles of Saint Croix State Park.

15.8 	Sec. 7. Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read:
15.9 		Subd. 49a. St. Croix Wild River State Park, Chisago County.

15.10 	Sec. 8. Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read:
15.11 		Subdivision 1.Names, acquisition; administration. (a) Designated monuments,
15.12 	recreation reserves, and waysides heretofore established and hereby confirmed as state 
15.13 	monuments, state recreation areas and state waysides together with the counties in which 
15.14 	they are situated are listed in this section and shall hereafter be named as indicated 
15.15 	in this section.
15.16 	(b) Any land that now is or hereafter becomes tax-forfeited land and is located 
15.17 	within the described boundaries of a state recreation area as defined by session laws is 
15.18 	hereby withdrawn from sale and is transferred from the custody, control, and supervision 
15.19 	of the county board of the county to the commissioner of natural resources, free from 
15.20 	any trust in favor of the interested taxing districts. The commissioner shall execute a 
15.21 	certificate of acceptance of the lands on behalf of the state for such purposes and transmit 
15.22 	the same to the county auditor of the county for record as provided by law in the case 
15.23 	of tax-forfeited land transferred to the commissioner by resolution of the county board 
15.24 	for conservation purposes.

15.25 	Sec. 9. Minnesota Statutes 2006, section 85.053, is amended by adding a subdivision 
15.26 	to read:
15.27 		Subd. 10.Free entrance; permanently and totally disabled veterans. The 
15.28 	commissioner shall issue an annual park permit for no charge for any veteran with a 
15.29 	total and permanent service-connected disability who presents each year a copy of their 
15.30 	determination letter to a park attendant or commissioner's designee. For the purposes of 
15.31 	this section, "veteran with a total and permanent service-connected disability" means a 
15.32 	resident who has a total and permanent service-connected disability as adjudicated by the 
16.1 	United States Veterans Administration or by the retirement board of one of the several 
16.2 	branches of the armed forces.

16.3 	Sec. 10. Minnesota Statutes 2006, section 85.054, subdivision 3, is amended to read:
16.4 		Subd. 3.Interstate State Park. A Minnesota state park permit is not required at 
16.5 	Interstate State Park if a valid, current, Wisconsin state park permit or sticker authorizing 
16.6 	entry of a motor vehicle into Wisconsin state parks is appropriately displayed on the 
16.7 	vehicle and the commissioner has entered into an agreement with appropriate officials 
16.8 	of the state of Wisconsin that authorizes motor vehicles displaying Minnesota state park 
16.9 	permits free entry into Interstate State Park of Wisconsin on a reciprocal basis.

16.10 	Sec. 11. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 
16.11 	to read:
16.12 		Subd. 14.Grand Portage State Park.  A state park permit is not required and a fee 
16.13 	may not be charged for motor vehicle entry or parking at the Class 1 highway rest area 
16.14 	parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand 
16.15 	Portage State Park.

16.16 	Sec. 12. Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read:
16.17 		Subd. 2.Not to be left burning. Every person who starts or maintains a campfire 
16.18 	shall:
16.19 	(1) exercise every reasonable precaution to prevent the campfire from spreading 
16.20 	and shall;
16.21 	(2) before lighting the campfire, clear the ground of all combustible material within 
16.22 	a radius of five feet from the base of the campfire. The person lighting the campfire shall;
16.23 	(3) remain with the campfire at all times; and shall
16.24 	(4) before leaving the site, completely extinguish the campfire.

16.25 	Sec. 13. Minnesota Statutes 2006, section 89.715, is amended to read:
16.26 	89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
16.27 		Subdivision 1.Authorization. The commissioner may adopt a recorded state forest 
16.28 	road map under this section to record the department's state forest road prescriptive 
16.29 	easements. For purposes of this section, "recorded state forest road map" means the 
16.30 	official map of state forest roads adopted by the commissioner.
16.31 		Subd. 2.Map requirements. The recorded state forest road map must:
16.32 	(1) show state forest roads at the time the map is adopted;
17.1 	(2) be prepared at a scale of at least four inches equals one mile compliant with 
17.2 	standards of the county recorder where the state forest roads are located;
17.3 	(3) include section numbers;
17.4 	(4) include a north point arrow;
17.5 	(5) include the name of the county and state;
17.6 	(6) include a blank and a description under the blank for the date of public hearing 
17.7 	and date of adoption;
17.8 	(7) include blanks for signatures and dates of signatures for the commissioner; and
17.9 	(8) include a list of legal descriptions of all parcels crossed by state forest road 
17.10 	prescriptive easements.
17.11 		Subd. 3.Procedure to adopt map. (a) The commissioner must prepare an official 
17.12 	map for each county or smaller geographic area as determined by the commissioner as 
17.13 	provided in subdivision 2, and set a time, place, and date for a public hearing on adopting 
17.14 	a recorded state forest road map to record roads.
17.15 	(b) The hearing notice must state that the roads to be recorded will be to the width of 
17.16 	the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless 
17.17 	otherwise specified in a prior easement of record. The hearing notice must be published 
17.18 	once a week for two successive weeks in a qualified newspaper of general circulation that 
17.19 	serves the county or smaller geographic areas as determined by the commissioner, the last 
17.20 	publication to be made at least ten days before the date of the public hearing. At least 30 
17.21 	days before the hearing, the hearing notice must be sent by certified mail to the property 
17.22 	owners directly affected in the county or smaller geographic areas as determined by the 
17.23 	commissioner at the addresses listed on the tax assessment notices at least seven days 
17.24 	before appearing in the qualified newspaper. The hearing notice may be sent with the tax 
17.25 	assessment, but all additional costs incurred shall be billed to the department.
17.26 	(c) After the public hearing is held, the commissioner may amend and adopt the 
17.27 	recorded state forest road map. The recorded state forest road map must be dated and 
17.28 	signed by the commissioner and must be recordedfiled for recording with the county 
17.29 	recorder within 90 days after the map is adopted. The map is effective when filed with 
17.30 	the county recorder.
17.31 	(d) The recorded state forest road map that is recorded with the county recorder must 
17.32 	comply with the standards of the county recorder where the state forest roads are located.
17.33 	(e) A recorded state forest road map that was prepared by using aerial photographs 
17.34 	to establish road centerlines and that has been duly recorded with the county recorder is an 
17.35 	adequate description for purposes of recording road easements and the map is the legally 
17.36 	constituted description and prevails when a deed for a parcel abutting a road contains 
18.1 	no reference to a road easement. Nothing prevents the commissioner from accepting a 
18.2 	more definitive metes and bounds or survey description of a road easement for a road of 
18.3 	record if the description of the easement is referenced to equal distance on both sides 
18.4 	of the existing road centerline.
18.5 	(f) The commissioner shall consult with representatives of county land 
18.6 	commissioners, county auditors, county recorders, and Torrens examiners in implementing 
18.7 	this subdivision.
18.8 		Subd. 4.Appeal. (a) Before filing an appeal under paragraph (b), a person may 
18.9 	seek resolution of concerns regarding a decision to record a road under this section by 
18.10 	contacting the commissioner in writing.
18.11 	(b) A person may appeal a decision to record or exclude recording a road under this 
18.12 	section to the district court within 120 days after the date the commissioner adopts the 
18.13 	state forest road map. Appeals may be filed only by property owners who are directly 
18.14 	affected by a proposed map designation and only for those portions of the map designation 
18.15 	that directly affect them.
18.16 	(b) A property owner may appeal the map designation to the commissioner within 60 
18.17 	days of the map being recorded by filing a written request for review. The commissioner 
18.18 	shall review the request and any supporting evidence and render a decision within 45 
18.19 	days of receipt of the request for review.
18.20 	(c) If a property owner wishes to appeal a decision of the commissioner after review 
18.21 	under paragraph (b), the property owner must file an appeal with the district court within 
18.22 	60 days of the commissioner's decision.
18.23 	(d) If any portion of a map appealed under paragraph (b) is modified or found to be 
18.24 	invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map 
18.25 	shall not be affected and its recording with the county recorder shall stand.
18.26 		Subd. 5.Unrecorded road or trail not affected. This section does not affect or 
18.27 	diminish the legal status or state obligations of roads and trails not shown on the recorded
18.28 	state forest road map.
18.29 		Subd. 6.Exemption. Adoption of a recorded state forest road map under this 
18.30 	section is exempt from the rulemaking requirements of chapter 14 and section 14.386
18.31 	does not apply.

18.32 	Sec. 14. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:
18.33 		Subd. 4b.Citizen oversight subcommittees. (a) The commissioner shall appoint 
18.34 	subcommittees of affected persons to review the reports prepared under subdivision 4; 
18.35 	review the proposed work plans and budgets for the coming year; propose changes 
19.1 	in policies, activities, and revenue enhancements or reductions; review other relevant 
19.2 	information; and make recommendations to the legislature and the commissioner for 
19.3 	improvements in the management and use of money in the game and fish fund.
19.4 	(b) The commissioner shall appoint the following subcommittees, each comprised 
19.5 	of at least three affected persons:
19.6 	(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding 
19.7 	activities related to trout and salmon stamp funding;
19.8 	(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding 
19.9 	activities related to migratory waterfowl, pheasant, and turkey stamp funding and 
19.10 	excluding review of the amounts available under section 97A.075, subdivision 1, 
19.11 	paragraphs (b) and (c);
19.12 	(3) a Big Game Subcommittee to review the report required in subdivision 4, 
19.13 	paragraph (a), clause (2);
19.14 	(4) an Ecological Services Operations Resources Subcommittee to review ecological 
19.15 	services funding;
19.16 	(5) a subcommittee to review game and fish fund funding of enforcement, support 
19.17 	services, and Department of Natural Resources administration and operations support;
19.18 	(6) a subcommittee to review the trout and salmon stamp report and address funding 
19.19 	issues related to trout and salmon;
19.20 	(7) a subcommittee to review the report on the migratory waterfowl stamp and 
19.21 	address funding issues related to migratory waterfowl;
19.22 	(8) a subcommittee to review the report on the pheasant stamp and address funding 
19.23 	issues related to pheasants; and
19.24 	(9) a subcommittee to review the report on the turkey stamp and address funding 
19.25 	issues related to wild turkeys.
19.26 	(c) The chairs of each of the subcommittees shall form a Budgetary Oversight 
19.27 	Committee to coordinate the integration of the subcommittee reports into an annual 
19.28 	report to the legislature; recommend changes on a broad level in policies, activities, and 
19.29 	revenue enhancements or reductions; provide a forum to address issues that transcend the 
19.30 	subcommittees; and submit a report for any subcommittee that fails to submit its report 
19.31 	in a timely manner.
19.32 	(d) The Budgetary Oversight Committee shall develop recommendations for a 
19.33 	biennial budget plan and report for expenditures on game and fish activities. By August 15 
19.34 	of each even-numbered year, the committee shall submit the budget plan recommendations 
19.35 	to the commissioner and to the senate and house committees with jurisdiction over natural 
19.36 	resources finance.
20.1 	(e) Each subcommittee shall choose its own chair, except that the chair of the 
20.2 	Budgetary Oversight Committee shall be appointed by the commissioner and may not 
20.3 	be the chair of any of the subcommittees.
20.4 	(f) The Budgetary Oversight Committee must make recommendations to the 
20.5 	commissioner and to the senate and house committees with jurisdiction over natural 
20.6 	resources finance for outcome goals from expenditures.
20.7 	(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the 
20.8 	Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

20.9 	Sec. 15. [97A.056] OUTDOOR HERITAGE FUND; LESSARD-HERITAGE 
20.10 	ENHANCEMENT COUNCIL.
20.11 		Subdivision 1.Outdoor heritage fund. (a) The outdoor heritage fund is established 
20.12 	in the Minnesota Constitution, article XI, section 15. All money earned by the outdoor 
20.13 	heritage fund must be credited to the fund. At least 97 percent of the money appropriated 
20.14 	from the fund must be spent on specific fish, wildlife, habitat, and land conservation 
20.15 	projects.
20.16 	(b) A forest fragmentation and consolidation account is created within the 
20.17 	outdoor heritage fund. From the receipts deposited in the fund under the Minnesota 
20.18 	Constitution, article XI, section 15, 20 percent each fiscal year must be credited to the 
20.19 	forest fragmentation and consolidation account. Money in the account may be spent only 
20.20 	for the acquisition of permanent easements on private forest land or for the acquisition of 
20.21 	land for forest consolidation. The conservation easements must guarantee public access, 
20.22 	including, but not limited to, hunting and fishing access.
20.23 	(c) A conservation partners account is created within the outdoor heritage fund. 
20.24 	From the receipts deposited in the fund under the Minnesota Constitution, article XI, 
20.25 	section 15, 20 percent each year must be credited to the conservation partners account. 
20.26 	Money in the account may be spent only for matching grants of up to $250,000 to local 
20.27 	sporting and wildlife conservation clubs for the improvement of fish, game, and wildlife 
20.28 	habitat conservation.
20.29 		Subd. 2.Lessard-Heritage Enhancement Council. (a) The Lessard-Heritage 
20.30 	Enhancement Council of 16 members is created in the legislative branch, consisting of:
20.31 	(1) three members of the senate appointed by the senate Subcommittee on 
20.32 	Committees of the Committee on Rules and Administration;
20.33 	(2) three members of the house of representatives appointed by the speaker of the 
20.34 	house;
21.1 	(3) three public members representing hunting, fishing, and wildlife habitat 
21.2 	conservation stakeholders appointed by the senate Subcommittee on Committees of the 
21.3 	Committee on Rules and Administration;
21.4 	(4) three public members representing hunting, fishing, and wildlife habitat 
21.5 	conservation stakeholders appointed by the speaker of the house; and
21.6 	(5) four public members representing hunting, fishing, and wildlife habitat 
21.7 	conservation stakeholders appointed by the governor.
21.8 	(b) One member from the senate and one member from the house of representatives 
21.9 	must be from the minority caucus.
21.10 	(c) At least one public member appointed by the speaker of the house and one public 
21.11 	member appointed by the senate Subcommittee on Committees of the Committee on Rules 
21.12 	and Administration must be a woman. At least two of the public members appointed 
21.13 	by the governor must be women. At least one of the public members appointed by the 
21.14 	governor must be an ethnic minority. Appointing authorities shall consider geographic 
21.15 	balance in making appointments under this section.
21.16 	(d) The public members appointed and recommended to the appointing authorities 
21.17 	according to subdivision 3 must:
21.18 	(1) have experience or expertise in the science, policy, or practice of preservation, 
21.19 	enhancement, and protection of the state's fish, game, and wildlife habitat;
21.20 	(2) have strong knowledge in the state's fish, game, and wildlife habitat conservation 
21.21 	issues around the state; and
21.22 	(3) have demonstrated the ability to work in a collaborative environment.
21.23 	(e) A public member may be removed by an appointing authority for cause.
21.24 	(f) Citizen members serve four-year terms and shall be initially appointed according 
21.25 	to the following schedule of terms:
21.26 	(1) two members appointed by the governor for a term ending the first Monday in 
21.27 	January 2013;
21.28 	(2) two members appointed by the senate Subcommittee on Committees of the 
21.29 	Committee on Rules and Administration for a term ending the first Monday in January 
21.30 	2013, and two members appointed by the speaker of the house for a term ending the first 
21.31 	Monday in January 2013;
21.32 	(3) one member appointed by the governor for a term ending the first Monday in 
21.33 	January 2012;
21.34 	(4) one member appointed by the senate Subcommittee on Committees of the 
21.35 	Committee on Rules and Administration for a term ending the first Monday in January 
22.1 	2012, and one member appointed by the speaker of the house for a term ending the first 
22.2 	Monday in January 2012; and
22.3 	(5) one member appointed by the governor for a term ending the first Monday in 
22.4 	January 2011.
22.5 	(g) Legislative members are entitled to reimbursement for per diem expenses plus 
22.6 	travel expenses incurred in the services of the council. The removal and, beginning July 1, 
22.7 	2009, the compensation of public members is as provided in section 15.0575.
22.8 	(h) The first meeting of the council shall be convened by the chair of the Legislative 
22.9 	Coordinating Commission. Members shall elect a chair, vice-chair, secretary, and other 
22.10 	officers as determined by the council. The chair may convene meetings as necessary to 
22.11 	conduct the duties prescribed by this section.
22.12 	(i) Legislative membership terms are at the pleasure of the appointing authority, 
22.13 	except that members shall serve on the council until their successors are appointed.
22.14 	(j) The governor's appointments to the council are subject to the advice and consent 
22.15 	of the senate.
22.16 	(k) Vacancies occurring on the council do not affect the authority of the remaining 
22.17 	members of the council to carry out their duties.
22.18 	(l) In addition to the appointments in paragraph (a), each appointing authority shall 
22.19 	appoint one nonvoting member under the age of 18.
22.20 		Subd. 3.Citizen selection committee. (a) The governor shall appoint an Outdoor 
22.21 	Heritage Fund Citizen Selection Committee of five members who come from different 
22.22 	regions of the state and represent hunting and fishing stakeholders. The duties of the 
22.23 	Outdoor Heritage Enhancement Fund Citizen Selection Committee shall be to:
22.24 	(1) identify citizen candidates to be public members of the council, as part of the 
22.25 	open appointments process under section 15.0597;
22.26 	(2) request and review citizen candidate applications to be members of the council; 
22.27 	and
22.28 	(3) interview the citizen candidates and recommend an adequate pool of candidates 
22.29 	to be selected for council membership by the governor, the senate, and the house of 
22.30 	representatives. Compensation of members is as provided in section 15.0575.
22.31 	(b) The Outdoor Heritage Enhancement Fund Citizen Selection Committee shall 
22.32 	give strong consideration to recommending candidates under the age of 30.
22.33 		Subd. 4.Strategic plan required. (a) The council shall adopt a strategic plan for 
22.34 	making expenditures from the outdoor heritage fund, including identifying the priority 
22.35 	areas for funding for the next six years. The strategic plan must be reviewed every two 
22.36 	years. The strategic plan must have clearly stated short-term and long-term goals and 
23.1 	strategies for outdoor heritage fund expenditures, must provide measurable outcomes for 
23.2 	expenditures, and must determine areas of emphasis for funding.
23.3 	(b) The council shall consider the long-term strategic plans of agencies with 
23.4 	environment and natural resource programs and responsibilities and plans of fish, game, 
23.5 	and wildlife conservation organizations during the development and review of the 
23.6 	strategic plan.
23.7 		Subd. 5.Duties of council. (a) The council, in consultation with statewide and local 
23.8 	fishing, hunting, wildlife, forestry, agriculture, and land conservation groups, shall develop 
23.9 	a biennial budget plan to recommend expenditures from the outdoor heritage fund to the 
23.10 	legislature and the governor. Approval of the biennial budget plan for the outdoor heritage 
23.11 	fund requires an affirmative vote of at least 11 members of the council.
23.12 	(b) In the biennial budget submitted to the legislature, the governor shall submit 
23.13 	separate budget detail for planned expenditures from the outdoor heritage fund as 
23.14 	recommended by the council.
23.15 	(c) As a condition of acceptance of an appropriation from the outdoor heritage fund, 
23.16 	an agency or entity receiving an appropriation shall submit a work program and quarterly 
23.17 	progress reports for appropriations from the outdoor heritage fund to the members of the 
23.18 	Lessard-Heritage Enhancement Council in the form determined by the council.
23.19 		Subd. 6.Council administration. (a) The council may employ personnel and 
23.20 	contract with consultants as necessary to carry out the functions and duties of the council. 
23.21 	Permanent employees shall be in the unclassified service. The council may request staff 
23.22 	assistance, legal opinion, and data from agencies of state government as needed for the 
23.23 	execution of the responsibilities of the council.
23.24 	(b) Beginning July 1, 2009, the administrative expenses of the council shall be paid 
23.25 	from the outdoor heritage fund, as appropriated by law.
23.26 	(c) A council member or an employee of the council may not participate in or vote 
23.27 	on a decision of the council relating to an organization in which the member or employee 
23.28 	has either a direct or indirect personal financial interest. While serving on or employed by 
23.29 	the council, a person shall avoid any potential conflict of interest.
23.30 		Subd. 7.Open meetings. (a) Meetings of the council and other groups the council 
23.31 	may establish must be open to the public. Except where prohibited by law, the council 
23.32 	shall establish additional processes to broaden public involvement in all aspects of its 
23.33 	deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is 
23.34 	present and action is taken regarding a matter within the jurisdiction of the council.
24.1 	(b) For legislative members of the council, enforcement of this subdivision shall 
24.2 	be governed by section 3.055, subdivision 2. For nonlegislative members of the council, 
24.3 	enforcement of this subdivision shall be governed by section 13D.06, subdivisions 1 and 2.

24.4 	EFFECTIVE DATE. This section is effective November 15, 2008, if the 
24.5 	constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters.

24.6 	Sec. 16. [103B.701] STAR LAKES.
24.7 		Subdivision 1.Definition. For the purposes of this section, the term "lake 
24.8 	association" means an organized association for the purpose of addressing issues on a 
24.9 	specific lake or river, a lake improvement district, or a lake conservation district.
24.10 		Subd. 2.Application. (a) A lake association may apply to the Star Lake Board for 
24.11 	designation as a star lake or river. The applicant must include a copy of a star lake or 
24.12 	river management plan for the lake or river.
24.13 	(b) After review of the application, the Star Lake Board shall determine whether 
24.14 	designation as a star lake or river will be granted. The designation as a star lake or river 
24.15 	becomes effective the day following designation by the board. The board shall publish the 
24.16 	decision on a star lake or river designation in the State Register, including the effective 
24.17 	date of the designation.
24.18 	(c) The star lake or river designation is effective until the earlier of:
24.19 	(1) five years after the date of designation; or
24.20 	(2) when the Star Lake Board finds that the lake association is not fulfilling the 
24.21 	requirements of this section or of the star lake or river management plan submitted.
24.22 	(d) Within six months before the expiration date of the designation as a star lake 
24.23 	or river, a lake association may apply to continue the star lake or river designation under 
24.24 	this section.
24.25 		Subd. 3.Eligibility. A lake association applying for designation as a star lake 
24.26 	or river must:
24.27 	(1) develop and update a star lake or river management plan as provided in 
24.28 	subdivision 4;
24.29 	(2) maintain a membership or participation of at least 50 percent of the private 
24.30 	shoreland owners;
24.31 	(3) participate in a water quality monitoring program under section 115.06, 
24.32 	subdivision 4, or other programs meeting Pollution Control Agency standards; and
24.33 	(4) meet at least annually to review the plan and notify appropriate state agencies 
24.34 	and local government units in the development and monitoring of the star lake or river 
24.35 	management plan.
25.1 		Subd. 4.Star lake or river management plan. (a) A star lake or river management 
25.2 	plan must contain a baseline of the current condition of the lake or river based on scientific 
25.3 	information, and plans for addressing the following issues:
25.4 	(1) increases in native vegetation in the littoral area of the lake or river, where 
25.5 	appropriate;
25.6 	(2) increases in native vegetation on the shoreline areas of the lake or river, where 
25.7 	appropriate;
25.8 	(3) prevention, reduction, or elimination of aquatic invasive species in the lake 
25.9 	or river;
25.10 	(4) increasing or maintaining a healthy diverse fishery that is appropriate for the 
25.11 	lake or river;
25.12 	(5) how the association will work with state agencies and local government units to 
25.13 	identify water pollution sources and impairments;
25.14 	(6) how the association will assist state and local programs to generate data needed 
25.15 	by state agencies and local government units in an appropriate format;
25.16 	(7) promoting compliance with adopted shoreland zoning standards and shoreland 
25.17 	best management practices;
25.18 	(8) how the lake association will assure its involvement in public input opportunities 
25.19 	for various local comprehensive and project-specific planning and zoning processes;
25.20 	(9) education and recognition opportunities for shoreland owners and other entities 
25.21 	that conduct activities affecting the quality of the lake or river; and
25.22 	(10) other activities that will coordinate with or enhance other state and local water 
25.23 	management efforts.
25.24 	(b) The star lake or river management plan shall be updated within five years of 
25.25 	adoption by the lake association.
25.26 		Subd. 5.State resources. State agencies may consider star lake or river designation 
25.27 	in determining the allocation of financial and staff resources.

25.28 	Sec. 17. [103B.702] STAR LAKE BOARD.
25.29 		Subdivision 1.Establishment. (a) The Star Lake Board shall be established as a 
25.30 	nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986, 
25.31 	as amended. The Star Lake Board shall promote and designate star lakes and rivers in 
25.32 	Minnesota under section 103B.701.
25.33 	(b) The board must work with private and public entities to leverage the resources 
25.34 	available to achieve and sustain the designation of Minnesota star lakes or rivers. The 
25.35 	board may assist lake associations with finding appropriate technical and financial 
26.1 	assistance and make recommendations to state agencies and local government units 
26.2 	regarding the manner in which technical or financial assistance can be most effectively 
26.3 	delivered. To the extent that money is available, the board may secure, provide, or 
26.4 	recommend financial assistance to meet specific needs of lake associations, for:
26.5 	(1) completing a star lake or river management plan when the lake association does 
26.6 	not have an existing management plan and the association is committed to the goals of a 
26.7 	plan, as specified in section 103B.701, subdivision 4; and
26.8 	(2) addressing specific issues of the lake or river to achieve or maintain the goals 
26.9 	of the lake or river management plan for lake associations that have achieved a star lake 
26.10 	or river designation.
26.11 	(c) The board shall consist of:
26.12 	(1) one member designated by Minnesota Waters;
26.13 	(2) one member designated by the North Central Lakes Collaborative;
26.14 	(3) five members, chosen by the other board members with regard to obtaining 
26.15 	representation from a variety of types of lakes and rivers within the state, who are from 
26.16 	lake associations representing designated star lakes or rivers, or until July 1, 2011, are 
26.17 	eligible to achieve star lake or river designation; 
26.18 	(4) one member designated by the commissioner of natural resources;
26.19 	(5) one member designated by the commissioner of the Pollution Control Agency;
26.20 	(6) one member designated by the chair of the Board of Water and Soil Resources;
26.21 	(7) one member designated by the Indian Affairs Council;
26.22 	(8) one member designated by the Association of Minnesota Counties;
26.23 	(9) one member designated by the Minnesota Inter-County Association; and
26.24 	(10) one member designated by the League of Minnesota Cities.
26.25 	(d) By January 15 of each odd-numbered year, the board shall submit a report to the 
26.26 	chairs and ranking minority members of the legislative committees and divisions with 
26.27 	jurisdiction over environment policy and finance on the activities for which money has 
26.28 	been or will be spent for the current biennium, the applications for designation, and the 
26.29 	star lakes or rivers designated by the board.
26.30 		Subd. 2.Conflict of interest. A board member may not participate in or vote on a 
26.31 	decision of the board relating to an organization in which the member has either a direct 
26.32 	or indirect personal financial interest. While serving on the Star Lake Board, a member 
26.33 	shall avoid any potential conflict of interest.
26.34 		Subd. 3.Staff; contracts. The board may hire staff or enter into contracts to carry 
26.35 	out the activities of the board.
27.1 		Subd. 4.Bylaws. The board shall adopt bylaws necessary for the conduct of the 
27.2 	business of the board consistent with this section. The corporation must publish bylaws 
27.3 	and amendments to the bylaws in the State Register.
27.4 		Subd. 5.Place of business. The board shall locate and maintain the board's place of 
27.5 	business within the state.
27.6 		Subd. 6.Chair. The board shall annually elect from among its members a chair and 
27.7 	other officers necessary for the performance of its duties.
27.8 		Subd. 7.Meetings. The board shall meet at least twice each year and may hold 
27.9 	additional meetings upon giving notice in accordance with the bylaws of the board. Board 
27.10 	meetings are subject to chapter 13D.
27.11 		Subd. 8.Funds. The board may accept and use gifts, grants, or contributions from 
27.12 	any source. Unless otherwise restricted by the terms of a gift or bequest, the board may 
27.13 	sell, exchange, or otherwise dispose of and invest or reinvest the money, securities, or other 
27.14 	property given or bequested to it. The principal of these funds, the income from them, and 
27.15 	all other revenues received by the board from any nonstate source must be placed in the 
27.16 	depositories the board determines and is subject to expenditure for the board's purposes.
27.17 		Subd. 9.Accounts; audits. The board may establish funds and accounts necessary 
27.18 	to carry out its responsibilities. The board shall provide for and pay the cost of an 
27.19 	independent audit of its official books and records by the legislative auditor subject to 
27.20 	sections 3.971 and 3.972. A copy of this audit shall be filed with the secretary of state.

27.21 	Sec. 18. Minnesota Statutes 2006, section 103G.2241, is amended by adding a 
27.22 	subdivision to read:
27.23 		Subd. 8a.Approved development. A replacement plan for wetlands is not required 
27.24 	for development projects and ditch improvement projects in the state that have received 
27.25 	preliminary or final plat approval or have infrastructure that has been installed or has local 
27.26 	site plan approval, conditional use permits, or similar official approval by a governing 
27.27 	body or government agency, within five years before July 1, 1991. As used in the 
27.28 	subdivision, "infrastructure" means public water facilities, storm water and sanitary sewer 
27.29 	piping, outfalls, inlets, culverts, bridges, and any other work defined specifically by a local 
27.30 	government unit as constituting a capital improvement to a parcel within the context of an 
27.31 	approved development plan. This exemption applies only in a greater than 80 percent area 
27.32 	or in a watershed contiguous to a greater than 80 percent area. 

27.33 	Sec. 19. [103G.2251] STATE CONSERVATION EASEMENTS; WETLAND 
27.34 	BANK CREDIT.
28.1 	In greater than 80 percent areas, preservation of wetlands owned by a local unit of 
28.2 	government, protected by a permanent conservation easement as defined under section 
28.3 	84C.01 and held by the board, may be eligible for wetland replacement or mitigation 
28.4 	credits, according to rules adopted by the board. To be eligible for credit under this 
28.5 	section, a conservation easement must be established after enactment of this section and 
28.6 	approved by the board.

28.7 	Sec. 20. [173.0855] STAR LAKE OR RIVER SIGNS.
28.8 		Subdivision 1.Authority to erect. (a) A county, statutory or home rule charter city, 
28.9 	or town of Minnesota that contains a star lake or river designated under section 103B.701 
28.10 	may request the Department of Transportation to erect star lake or river signs pursuant 
28.11 	to section 161.139. One sign may be erected at each approach to a lake or river within 
28.12 	the right-of-way of an interstate or other highway that passes over a lake or river in the 
28.13 	Department of Transportation's eight-county metropolitan district or near or over a lake or 
28.14 	river in greater Minnesota.
28.15 	(b) An official lake or river sign on the right-of-way of an interstate or other highway 
28.16 	may be replaced with a star lake or river sign by the Department of Transportation 
28.17 	pursuant to section 161.139.
28.18 		Subd. 2.Sign standards. The Department of Transportation shall design and 
28.19 	manufacture the star lake and river signs to specifications not contrary to other federal 
28.20 	and state highway sign standards.

28.21 	Sec. 21. FIRST MEETING; DEADLINE FOR APPOINTMENTS.
 28.22 	The appointing authorities named in Minnesota Statutes, section 103B.702, must 
28.23 	complete their appointments to the Star Lake Board by August 1, 2008, with the exception 
28.24 	of the appointments required under Minnesota Statutes, section 103B.702, subdivision 1, 
28.25 	paragraph (c), clause (3), which must be completed within 30 days of the first meeting of 
28.26 	the board. The board member designated by the commissioner of natural resources must 
28.27 	convene the first meeting of the board no later than September 1, 2008.

28.28 	Sec. 22. DEPARTMENT OF NATURAL RESOURCES RULEMAKING 
28.29 	REQUIRED; STRUCTURES IN PUBLIC WATERS.
 28.30 	By June 30, 2011, the commissioner of natural resources shall update rules on 
28.31 	structures in public waters allowed and permit requirements for those structures under 
28.32 	Minnesota Rules, chapter 6115. The Department of Natural Resources general permit no. 
28.33 	2008-0401 expires on the effective date of the updated rules.

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

29.2 	Sec. 23. LEASE RATE; CASS COUNTY.
 29.3 	(a) In fiscal year 2009, and every year thereafter, the amount payable for the lease 
29.4 	of lands described in paragraph (b) under Minnesota Statutes, section 89.17, shall be 
29.5 	adjusted for inflation and shall be increased over the previous year to an amount equal 
29.6 	to the amount before the inflation adjustment multiplied by one plus the percentage 
29.7 	increase in the implicit price deflator for government consumption expenditures and gross 
29.8 	investment for state and local governments prepared by the Bureau of Economic Analysis 
29.9 	of the United States Department of Commerce for the last month of the third quarter of the 
29.10 	calendar year prior to the year for which the rent is paid.
29.11 	(b) The lease rate increases required in paragraph (a) apply to the lease of the land 
29.12 	described as:
29.13 	(1) that part of the SW1/4 of the SE1/4 of Section 6, Township 134 North, Range 29 
29.14 	West, Cass County, except the following described tract: 
29.15 	Beginning at the southeast corner of said SW1/4 SE1/4; thence North 3 degrees 
29.16 	14' 30" West, assumed bearing, a distance of 269 feet along the east line of said SW1/4 
29.17 	SE1/4: thence North 58 degrees West a distance of 34.6 feet; thence West a distance of 
29.18 	165 feet; thence South a distance of 87 feet (the location of this line shall be eight feet 
29.19 	westerly of the westerly foundation posts for the fire tower); thence West a distance of 
29.20 	172.40 feet; thence South a distance of 200 feet to the south line of said SW1/4 SE1/4; 
29.21 	thence East a distance of 382.05 feet along said south line to the place of beginning, 
29.22 	and except the following described tract:
29.23 	Commencing at the southeast corner of said SW1/4 SE1/4; thence West, assumed 
29.24 	bearing, a distance of 382.05 feet along the south line of said SW1/4 SE1/4 to the place of 
29.25 	beginning; thence North a distance of 250 feet; thence North 40 degrees East a distance of 
29.26 	190 feet; thence North a distance of 30 feet; thence West a distance of 385 feet; thence 
29.27 	South a distance of 425.54 feet to the south line of said SW1/4 SE1/4; thence East a 
29.28 	distance of 262.87 feet along said south line to the place of beginning; and
29.29 	(2) that part of the SE1/4 SW1/4 of Section 6, Township 134 North, Range 29 West, 
29.30 	Cass County, Minnesota, lying easterly of County Road 77.

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

29.32 	Sec. 24. SNOWMOBILE NUMBER STRIPS; APPROPRIATION.
 29.33 	$124,000 in fiscal year 2009 from the snowmobile trails and enforcement account 
29.34 	in the natural resources fund is appropriated to the commissioner of natural resources 
30.1 	for programing the electronic licensing system to issue number strips for registered 
30.2 	snowmobiles. This is a onetime appropriation.

30.3 	Sec. 25. APPROPRIATION; WADING POOL UPGRADE GRANTS.
 30.4 	$50,000 in fiscal year 2008 from the natural resources fund is appropriated to the 
30.5 	commissioner of natural resources for grants to local units of government for up to 
30.6 	75 percent of the cost of meeting the equipment requirements for public pools under 
30.7 	Minnesota Statutes, section 144.1222, subdivision 1d, paragraph (a), if enacted. The 
30.8 	maximum grant is $10,000 per pool upgraded. Priority shall be given to local government 
30.9 	applicants seeking assistance in installing a secondary suction or drainage outlet for the 
30.10 	public pool where a fee is not charged for use of the pool. The commissioner shall consult 
30.11 	with the commissioner of health in awarding the grants. Of this amount, notwithstanding 
30.12 	the restrictions under Minnesota Statutes, section 297A.94, $25,000 is from the revenue 
30.13 	deposited in the natural resources fund under Minnesota Statutes, section 297A.94, 
30.14 	paragraph (e), clause (3), and $25,000 is from the revenue deposited in the natural 
30.15 	resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (4). This 
30.16 	is a onetime appropriation and is available until June 30, 2009.

30.17 	Sec. 26.  REPEALER.
 30.18 	Minnesota Statutes 2006, sections 84.961, subdivision 4; and 85.013, subdivision 
30.19 	21b, and Laws 1989, chapter 335, article 1, section 21, subdivision 8, as amended by Laws 
30.20 	2002, chapter 323, section 19, are repealed.