1.1 	A bill for an act
1.2 	relating to natural resources; modifying certain definitions; modifying wild rice 
1.3 	provisions; providing for off-highway vehicle forfeiture; modifying off-highway 
1.4 	motorcycle, all-terrain vehicle, and watercraft operating provisions; modifying 
1.5 	state park permit requirements; eliminating liquor service at John A. Latsch 
1.6 	State Park; modifying cost-share program; modifying commissioner's authority; 
1.7 	modifying state trails and establishing a new state trail; providing for certain 
1.8 	public hearings; providing for placement of a veterans cemetery; providing for 
1.9 	establishment of boater waysides; providing for appeals and enforcement of 
1.10 	certain civil penalties; modifying Water Law; providing certain exemptions from 
1.11 	local ordinances; approving consumptive use of water for certain uses; classifying 
1.12 	data; modifying refund provisions; modifying publication requirements; 
1.13 	modifying restrictions in migratory feeding and resting areas; modifying game 
1.14 	and fish laws; modifying wild animal and fish taking, possession, and licensing 
1.15 	requirements; authorizing certain fees; modifying certain fees and accounts; 
1.16 	authorizing acquisition of and granting of certain easements; modifying 
1.17 	management authority for and apportionment of proceeds from the sale of 
1.18 	tax-forfeited lands; adding to and deleting from certain state parks; authorizing 
1.19 	public and private sales and exchanges of state land; modifying previously 
1.20 	enacted land descriptions and sales authorization; requiring wind energy lease; 
1.21 	requiring increase in appraised estimates for timber sales; requiring forest 
1.22 	lease pilot project; requiring rulemaking and modifying rulemaking authority; 
1.23 	providing criminal penalties; appropriating money;amending Minnesota Statutes 
1.24 	2008, sections 13.7931, by adding a subdivision; 17.4981; 17.4988, subdivision 
1.25 	3; 84.027, subdivision 13; 84.0273; 84.105; 84.66, subdivision 2; 84.788, 
1.26 	subdivision 11; 84.793, subdivision 1; 84.798, subdivision 10; 84.82, subdivision 
1.27 	11; 84.83, subdivision 3; 84.92, subdivision 8; 84.922, subdivision 12; 84.928, 
1.28 	subdivision 1a; 85.0115; 85.015, subdivisions 2, 13, by adding a subdivision; 
1.29 	85.053, subdivision 3; 85.054, by adding subdivisions; 85.055, subdivision 1; 
1.30 	86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1; 
1.31 	86B.311, by adding a subdivision; 86B.415, subdivision 11; 97A.015, by adding 
1.32 	a subdivision; 97A.051, subdivision 2; 97A.075, subdivisions 1, 5; 97A.095, 
1.33 	subdivision 2; 97A.137, by adding subdivisions; 97A.321; 97A.331, subdivision 
1.34 	2; 97A.405, subdivision 4; 97A.421, subdivision 1; 97A.441, subdivision 7; 
1.35 	97A.445, subdivision 1, by adding a subdivision; 97A.451, subdivision 2, 
1.36 	by adding a subdivision; 97A.465, subdivision 1b; 97A.473, subdivision 1, 
1.37 	by adding subdivisions; 97A.4742, subdivision 1; 97A.475, subdivisions 2, 
1.38 	3, 7, 11, 12, 29; 97A.525, subdivision 1; 97B.035, subdivision 2; 97B.045, 
1.39 	subdivision 2, by adding a subdivision; 97B.051; 97B.055, subdivision 3; 
2.1 	97B.081; 97B.086; 97B.111, subdivision 1; 97B.328, subdivision 3; 97B.651; 
2.2 	97B.811, subdivisions 2, 3; 97B.931, subdivision 1; 97C.081, subdivisions 2, 3, 
2.3 	4, 6, 9; 97C.335; 97C.345, subdivision 2; 97C.355, subdivision 2; 97C.371, by 
2.4 	adding a subdivision; 97C.375; 97C.395, subdivision 1; 103B.101, subdivisions 
2.5 	1, 2; 103B.3355; 103B.3369, subdivision 5; 103C.501, subdivisions 2, 4, 5, 6; 
2.6 	103F.321, by adding a subdivision; 103F.505; 103F.511, subdivisions 5, 8a, by 
2.7 	adding a subdivision; 103F.515, subdivisions 1, 4, 5, 6; 103F.521, subdivision 
2.8 	1; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 282.04, 
2.9 	subdivision 1; Laws 1996, chapter 407, section 32, subdivision 3; Laws 2007, 
2.10 	chapter 131, article 2, section 38; Laws 2008, chapter 368, article 1, sections 21, 
2.11 	subdivisions 4, 5; 34; article 2, section 25; proposing coding for new law in 
2.12 	Minnesota Statutes, chapters 84; 97B; 97C; repealing Minnesota Statutes 2008, 
2.13 	sections 84.796; 84.805; 84.929; 85.0505, subdivision 2; 97A.525, subdivision 
2.14 	2; 97B.301, subdivisions 7, 8; 97C.405; 103B.101, subdivision 11; 103F.511, 
2.15 	subdivision 4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3130; 
2.16 	8400.3160; 8400.3200; 8400.3230; 8400.3330; 8400.3360; 8400.3390; 
2.17 	8400.3500; 8400.3530; 8400.3560.
2.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.19 	ARTICLE 1
2.20 	NATURAL RESOURCE POLICY

2.21 	Section 1. Minnesota Statutes 2008, section 84.027, subdivision 13, is amended to read:
2.22 		Subd. 13.Game and fish rules. (a) The commissioner of natural resources may 
2.23 	adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized 
2.24 	under:
2.25 	(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and 
2.26 	areas, to select hunters for areas, to provide for tagging and registration of game and fish, to 
2.27 	prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife 
2.28 	disease, to open or close bodies of water or portions of bodies of water for night bow 
2.29 	fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.30 	(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng 
2.31 	roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.32 	(3) section 84D.12 to designate prohibited invasive species, regulated invasive 
2.33 	species, unregulated nonnative species, and infested waters.
2.34 	(b) If conditions exist that do not allow the commissioner to comply with sections 
2.35 	97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision 
2.36 	by submitting the rule to the attorney general for review under section 97A.0455, 
2.37 	publishing a notice in the State Register and filing the rule with the secretary of state and 
2.38 	the Legislative Coordinating Commission, and complying with section 97A.0459, and 
2.39 	including a statement of the emergency conditions and a copy of the rule in the notice. The 
2.40 	emergency conditions for opening a water body or portion of a water body for night bow 
2.41 	fishing under this section may include the need to temporarily open the area to evaluate 
3.1 	compatibility of the activity on that body of water prior to permanent rulemaking. The 
3.2 	notice may be published after it is received from the attorney general or five business days 
3.3 	after it is submitted to the attorney general, whichever is earlier.
3.4 	(c) Rules adopted under paragraph (b) are effective upon publishing in the State 
3.5 	Register and may be effective up to seven days before publishing and filing under 
3.6 	paragraph (b), if:
3.7 	(1) the commissioner of natural resources determines that an emergency exists;
3.8 	(2) the attorney general approves the rule; and
3.9 	(3) for a rule that affects more than three counties the commissioner publishes the 
3.10 	rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a 
3.11 	rule that affects three or fewer counties the commissioner publishes the rule once in a legal 
3.12 	newspaper in each of the affected counties.
3.13 	(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause 
3.14 	(3), may not be effective earlier than seven days after publication.
3.15 	(e) A rule published under paragraph (c), clause (3), may be effective the day the 
3.16 	rule is published if the commissioner gives notice and holds a public hearing on the rule 
3.17 	within 15 days before publication.
3.18 	(f) The commissioner shall attempt to notify persons or groups of persons affected 
3.19 	by rules adopted under paragraphs (b) and (c) by public announcements, posting, and 
3.20 	other appropriate means as determined by the commissioner.
3.21 	(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is 
3.22 	effective for the period stated in the notice but not longer than 18 months after the rule is 
3.23 	adopted.

3.24 	Sec. 2. Minnesota Statutes 2008, section 84.105, is amended to read:
3.25 	84.105 WILD RICE SEASON.
3.26 	Ripe wild rice may be harvested from July August 15 to September 30.

3.27 	Sec. 3. Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:
3.28 		Subd. 2.Definitions. For the purpose of this section, the following terms have 
3.29 	the meanings given:
3.30 	(1) "forest land" has the meaning given under section 89.001, subdivision 4;
3.31 	(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
3.32 	(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
3.33 	(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a
3.34 	8b; and 
4.1 	(5) "working forest land" means land that provides a broad range of goods and 
4.2 	services, including forest products, recreation, fish and wildlife habitat, clean air and 
4.3 	water, and carbon sequestration.

4.4 	Sec. 4. [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.
4.5 	(a) Except as provided in paragraph (b), a person who violates a provision of 
4.6 	sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or 
4.7 	rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor.
4.8 	(b) A person is guilty of a gross misdemeanor if the person violates section 84.773, 
4.9 	subdivision 2, clause (2), and the person recklessly upsets the natural and ecological 
4.10 	balance of a wetland or public waters wetland.
4.11 	(c) A person is prohibited from operating an off-highway vehicle for a period of 
4.12 	one year if the person is:
4.13 	(1) convicted of a gross misdemeanor under paragraph (b);
4.14 	(2) convicted of or subject to a final order under section 84.775 for a violation of 
4.15 	the prohibition on the intentional operation on unfrozen public water, in a state park, in 
4.16 	a scientific and natural area, or in a wildlife management area under section 84.773, 
4.17 	subdivision 1, clause (3);
4.18 	(3) convicted of or is subject to a final order under section 84.775 for a violation of 
4.19 	the prohibition on the willful, wanton, or reckless disregard for the safety of persons or 
4.20 	property under section 84.773, subdivision 2, clause (1); or
4.21 	(4) convicted of or subject to a final order under section 84.775 for a violation of 
4.22 	the prohibition on carelessly upsetting the natural and ecological balance of a wetland or 
4.23 	public waters wetland under section 84.773, subdivision 2, clause (2).
4.24 	The commissioner shall notify the person of the time period during which the person 
4.25 	is prohibited from operating an off-highway vehicle.

4.26 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
4.27 	committed on or after that date.

4.28 	Sec. 5. [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE.
4.29 		Subdivision 1.Definitions. (a) As used in this section, the following terms have 
4.30 	the meanings given them.
4.31 	(b) "Appropriate agency" means a law enforcement agency that has the authority 
4.32 	to make an arrest for a violation of a designated offense.
4.33 	(c) "Claimant" means an owner of an off-highway vehicle or a person claiming a 
4.34 	leasehold or security interest in an off-highway vehicle.
5.1 	(d) "Designated offense" means a second gross misdemeanor violation under section 
5.2 	84.774, paragraph (b).
5.3 	(e) "Family or household member" means:
5.4 	(1) a parent, stepparent, or guardian;
5.5 	(2) any of the following persons related by blood, marriage, or adoption: brother, 
5.6 	sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 
5.7 	great-grandparent, great-uncle, or great-aunt; or
5.8 	(3) persons residing together or persons who regularly associate and communicate 
5.9 	with one another outside of a workplace setting.
5.10 	(f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle that 
5.11 	is stolen or taken in violation of the law.
5.12 	(g) "Owner" means a person legally entitled to possession, use, and control of an 
5.13 	off-highway vehicle, including a lessee of an off-highway vehicle if the lease agreement 
5.14 	has a term of 180 days or more. There is a rebuttable presumption that a person registered 
5.15 	as the owner of an off-highway vehicle according to the records of the Department of 
5.16 	Public Safety or the Department of Natural Resources is the legal owner. For purposes 
5.17 	of this section, if an off-highway vehicle is owned jointly by two or more people, each 
5.18 	owner's interest extends to the whole of the vehicle and is not subject to apportionment.
5.19 	(h) "Prosecuting authority" means the attorney in the jurisdiction in which the 
5.20 	designated offense occurred, or a designee, who is responsible for prosecuting violations of 
5.21 	a designated offense. If a state agency initiated the forfeiture and the attorney responsible 
5.22 	for prosecuting the designated offense declines to pursue forfeiture, the attorney general's 
5.23 	office, or its designee, may initiate forfeiture under this section.
5.24 	(i) "Security interest" means a bona fide security interest perfected according to 
5.25 	section 168A.17, subdivision 2, based on a loan or other financing that, if an off-highway 
5.26 	vehicle is required to be registered under chapter 168, is listed on the vehicle's title.
5.27 		Subd. 2.Seizure. (a) An off-highway vehicle subject to forfeiture under this 
5.28 	section may be seized by the appropriate agency upon process issued by any court having 
5.29 	jurisdiction over the vehicle.
5.30 	(b) Property may be seized without process if:
5.31 	(1) the seizure is incident to a lawful arrest or a lawful search;
5.32 	(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of 
5.33 	the state in a criminal injunction or forfeiture proceeding under this section; or
5.34 	(3) the appropriate agency has probable cause to believe that the delay occasioned by 
5.35 	the necessity to obtain process would result in the removal or destruction of the vehicle. 
5.36 	If property is seized without process under this clause, the prosecuting authority must 
6.1 	institute a forfeiture action under this section as soon as is reasonably possible by serving 
6.2 	a notice of seizure and intent to forfeit at the address of the owner as listed in the records 
6.3 	of the Department of Public Safety or Department of Natural Resources.
6.4 		Subd. 3.Right to possession vests immediately; custody. All right, title, and 
6.5 	interest in an off-highway vehicle subject to forfeiture under this section vests in the 
6.6 	appropriate agency upon commission of the conduct resulting in the designated offense 
6.7 	giving rise to the forfeiture. Any vehicle seized under this section is not subject to 
6.8 	replevin, but is deemed to be in the custody of the appropriate agency subject to the orders 
6.9 	and decrees of the court having jurisdiction over the forfeiture proceedings. When an 
6.10 	off-highway vehicle is seized under this section, the appropriate agency may:
6.11 	(1) place the vehicle under seal;
6.12 	(2) remove the vehicle to a place designated by the agency;
6.13 	(3) place a disabling device on the vehicle; and
6.14 	(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
6.15 		Subd. 4.Bond by owner for possession. If the owner of an off-highway vehicle 
6.16 	that has been seized under this section seeks possession of the vehicle before the forfeiture 
6.17 	action is determined, the owner may, subject to the approval of the appropriate agency, 
6.18 	give security or post bond payable to the appropriate agency in an amount equal to the 
6.19 	retail value of the seized vehicle. On posting the security or bond, the seized vehicle may 
6.20 	be returned to the owner. The forfeiture action must proceed against the security as if it 
6.21 	were the seized vehicle.
6.22 		Subd. 5.Evidence. Certified copies of court records and off-highway vehicle and 
6.23 	driver's records concerning prior incidents are admissible as substantive evidence where 
6.24 	necessary to prove the commission of a designated offense.
6.25 		Subd. 6.Vehicle subject to forfeiture. An off-highway vehicle is subject to 
6.26 	forfeiture under this section if it was used in the commission of a designated offense.
6.27 		Subd. 7.Presumptions; limitations on vehicle forfeiture. (a) An off-highway 
6.28 	vehicle is presumed subject to forfeiture under this section if the driver:
6.29 	(1) is convicted of the designated offense upon which the forfeiture is based; or
6.30 	(2) fails to appear for a scheduled court appearance with respect to the designated 
6.31 	offense charged and fails to voluntarily surrender within 48 hours after the time required 
6.32 	for appearance.
6.33 	(b) An off-highway vehicle encumbered by a security interest perfected according 
6.34 	to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or 
6.35 	more, is subject to the interest of the secured party or lessor unless the party or lessor had 
6.36 	knowledge of or consented to the act upon which the forfeiture is based. However, when 
7.1 	the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan 
7.2 	balance, the appropriate agency shall remit all proceeds of the sale to the secured party 
7.3 	after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the 
7.4 	vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner 
7.5 	consistent with section 336.9-610, the agency is not liable to the secured party for any 
7.6 	amount owed on the loan in excess of the sale proceeds. The validity and amount of a 
7.7 	nonperfected security interest must be established by its holder by clear and convincing 
7.8 	evidence.
7.9 	(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an 
7.10 	off-highway vehicle is not subject to forfeiture based solely on the secured party's or 
7.11 	lessor's knowledge of the act or omission upon which the forfeiture is based if the secured 
7.12 	party or lessor demonstrates by clear and convincing evidence that the party or lessor took 
7.13 	reasonable steps to terminate use of the vehicle by the offender.
7.14 	(d) An off-highway vehicle is not subject to forfeiture under this section if its owner 
7.15 	can demonstrate by clear and convincing evidence that the owner did not have actual 
7.16 	or constructive knowledge that the vehicle would be used or operated in any manner 
7.17 	contrary to law or that the owner took reasonable steps to prevent use of the vehicle by 
7.18 	the offender. If the offender is a family or household member of the owner and has three 
7.19 	or more prior off-highway vehicle convictions, the owner is presumed to know of any 
7.20 	vehicle use by the offender that is contrary to law.
7.21 		Subd. 8.Administrative forfeiture procedure. (a) An off-highway vehicle used to 
7.22 	commit a designated offense is subject to administrative forfeiture under this subdivision.
7.23 	(b) When an off-highway vehicle is seized under subdivision 2, or within a 
7.24 	reasonable time after seizure, the appropriate agency shall serve the driver or operator 
7.25 	of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, 
7.26 	when an off-highway vehicle is seized under subdivision 2, or within a reasonable time 
7.27 	after that, all persons known to have an ownership, possessory, or security interest in the 
7.28 	vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those 
7.29 	vehicles required to be registered under chapter 168, the notification to a person known to 
7.30 	have a security interest in the vehicle is required only if the vehicle is registered under 
7.31 	chapter 168 and the interest is listed on the vehicle's title. Notice mailed by certified mail 
7.32 	to the address shown in Department of Public Safety records is sufficient notice to the 
7.33 	registered owner of the vehicle. For off-highway vehicles not required to be registered 
7.34 	under chapter 168, notice mailed by certified mail to the address shown in the applicable 
7.35 	filing or registration for the vehicle is sufficient notice to a person known to have an 
8.1 	ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given 
8.2 	in the manner provided by law for service of a summons in a civil action.
8.3 	(c) The notice must be in writing and contain:
8.4 	(1) a description of the vehicle seized;
8.5 	(2) the date of the seizure; and
8.6 	(3) notice of the right to obtain judicial review of the forfeiture and of the procedure 
8.7 	for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially, 
8.8 	the following language must appear conspicuously: "IF YOU DO NOT DEMAND 
8.9 	JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, 
8.10 	SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL 
8.11 	DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU 
8.12 	MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO 
8.13 	PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE 
8.14 	TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY 
8.15 	FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY 
8.16 	THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS 
8.17 	THAN $500."
8.18 	(d) Within 30 days following service of a notice of seizure and forfeiture under this 
8.19 	subdivision, a claimant may file a demand for a judicial determination of the forfeiture. 
8.20 	The demand must be in the form of a civil complaint and must be filed with the court 
8.21 	administrator in the county in which the seizure occurred, together with proof of service of 
8.22 	a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture 
8.23 	and the standard filing fee for civil actions unless the petitioner has the right to sue in 
8.24 	forma pauperis under section 563.01. If the value of the seized property is $7,500 or less, 
8.25 	the claimant may file an action in conciliation court for recovery of the seized vehicle. A 
8.26 	copy of the conciliation court statement of claim must be served personally or by mail on 
8.27 	the prosecuting authority having jurisdiction over the forfeiture within 30 days following 
8.28 	service of the notice of seizure and forfeiture under this subdivision. If the value of the 
8.29 	seized property is less than $500, the claimant does not have to pay the conciliation court 
8.30 	filing fee. No responsive pleading is required of the prosecuting authority and no court 
8.31 	fees may be charged for the prosecuting authority's appearance in the matter. Pleadings, 
8.32 	filings, and methods of service are governed by the Rules of Civil Procedure.
8.33 	(e) The complaint must be captioned in the name of the claimant as plaintiff and 
8.34 	the seized vehicle as defendant and must state with specificity the grounds on which the 
8.35 	claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle 
8.36 	seized, and any affirmative defenses the claimant may have. Notwithstanding any law to 
9.1 	the contrary, an action for the return of an off-highway vehicle seized under this section 
9.2 	may not be maintained by or on behalf of any person who has been served with a notice of 
9.3 	seizure and forfeiture unless the person has complied with this subdivision.
9.4 	(f) If the claimant makes a timely demand for a judicial determination under this 
9.5 	subdivision, the forfeiture proceedings must be conducted according to subdivision 9.
9.6 		Subd. 9.Judicial forfeiture procedure. (a) This subdivision governs judicial 
9.7 	determinations of the forfeiture of an off-highway vehicle used to commit a designated 
9.8 	offense. An action for forfeiture is a civil in rem action and is independent of any criminal 
9.9 	prosecution. All proceedings are governed by the Rules of Civil Procedure.
9.10 	(b) If no demand for judicial determination of the forfeiture is pending, the 
9.11 	prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a 
9.12 	separate complaint against the vehicle, describing it, specifying that it was used in the 
9.13 	commission of a designated offense, and specifying the time and place of its unlawful use.
9.14 	(c) The prosecuting authority may file an answer to a properly served demand 
9.15 	for judicial determination, including an affirmative counterclaim for forfeiture. The 
9.16 	prosecuting authority is not required to file an answer.
9.17 	(d) A judicial determination under this subdivision must not precede adjudication in 
9.18 	the criminal prosecution of the designated offense without the consent of the prosecuting 
9.19 	authority. The district court administrator shall schedule the hearing as soon as practicable 
9.20 	after adjudication in the criminal prosecution. The district court administrator shall 
9.21 	establish procedures to ensure efficient compliance with this subdivision. The hearing is 
9.22 	to the court without a jury.
9.23 	(e) There is a presumption that an off-highway vehicle seized under this section is 
9.24 	subject to forfeiture if the prosecuting authority establishes that the vehicle was used in 
9.25 	the commission of a designated offense. A claimant bears the burden of proving any 
9.26 	affirmative defense raised.
9.27 	(f) If the forfeiture is based on the commission of a designated offense and the person 
9.28 	charged with the designated offense appears in court as required and is not convicted of 
9.29 	the offense, the court shall order the property returned to the person legally entitled to it 
9.30 	upon that person's compliance with the redemption requirements of subdivision 12.
9.31 	(g) If the lawful ownership of the vehicle used in the commission of a designated 
9.32 	offense can be determined and the owner makes the demonstration required under 
9.33 	subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's 
9.34 	compliance with the redemption requirements of subdivision 12.
9.35 	(h) If the court orders the return of a seized vehicle under this subdivision, it must 
9.36 	order that filing fees be reimbursed to the person who filed the demand for judicial 
10.1 	determination. In addition, the court may order sanctions under section 549.211. Any 
10.2 	reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law 
10.3 	enforcement agency and prosecuting authority involved and in the same proportion as 
10.4 	distributed under subdivision 10, paragraph (b).
10.5 		Subd. 10.Disposition of forfeited vehicle. (a) If the vehicle is administratively 
10.6 	forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is 
10.7 	subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
10.8 	(1) sell the vehicle and distribute the proceeds under paragraph (b); or
10.9 	(2) keep the vehicle for official use. If the agency keeps a forfeited off-highway 
10.10 	vehicle for official use, the agency shall make reasonable efforts to ensure that the 
10.11 	off-highway vehicle is available for use by the agency's officers who participate in 
10.12 	off-highway vehicle enforcement or education programs.
10.13 	(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, 
10.14 	towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the 
10.15 	property, must be distributed as follows:
10.16 	(1) 70 percent of the proceeds must be forwarded to the appropriate agency for 
10.17 	deposit as a supplement to the state or local agency's operating fund or similar fund for use 
10.18 	in purchasing equipment for off-highway vehicle enforcement, training, and education; and
10.19 	(2) 30 percent of the money or proceeds must be forwarded to the prosecuting 
10.20 	authority that handled the forfeiture for deposit as a supplement to its operating fund or 
10.21 	similar fund for prosecutorial purposes.
10.22 		Subd. 11.Sale of forfeited vehicle by secured party. (a) A financial institution 
10.23 	with a valid security interest in or a valid lease covering a forfeited off-highway vehicle 
10.24 	may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate 
10.25 	agency disposing of the vehicle under subdivision 10. A financial institution wishing to 
10.26 	dispose of an off-highway vehicle under this subdivision shall notify the appropriate 
10.27 	agency of its intent, in writing, within 30 days after receiving notice of the seizure and 
10.28 	forfeiture. The appropriate agency shall release the vehicle to the financial institution or 
10.29 	its agent after the financial institution presents proof of its valid security agreement or of 
10.30 	its lease agreement and the financial institution agrees not to sell the vehicle to a family or 
10.31 	household member of the violator, unless the violator is not convicted of the offense on 
10.32 	which the forfeiture is based. The financial institution shall dispose of the vehicle in a 
10.33 	commercially reasonable manner as defined in section 336.9-610.
10.34 	(b) After disposing of the forfeited vehicle, the financial institution shall reimburse 
10.35 	the appropriate agency for its seizure, storage, and forfeiture costs. The financial 
10.36 	institution may then apply the proceeds of the sale to its storage costs, to its sale 
11.1 	expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the 
11.2 	financial institution shall forward the proceeds to the state treasury, which shall credit the 
11.3 	appropriate fund as specified in subdivision 10.
11.4 		Subd. 12.Redemption requirements. (a) If an off-highway vehicle is seized by a 
11.5 	peace officer for a designated offense, the seized vehicle must be released only:
11.6 	(1) to the registered owner, a person authorized by the registered owner, a lienholder 
11.7 	of record, or a person who has purchased the vehicle from the registered owner who 
11.8 	provides proof of ownership of the vehicle;
11.9 	(2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee who 
11.10 	provides a copy of the rental or lease agreement; or
11.11 	(3) to an agent of a towing company authorized by a registered owner if the owner 
11.12 	provides proof of ownership of the vehicle.
11.13 	(b) The proof of ownership or, if applicable, the copy of the rental or lease agreement 
11.14 	required under paragraph (a) must be provided to the law enforcement agency seizing the 
11.15 	vehicle or to a person or entity designated by the law enforcement agency to receive 
11.16 	the information.
11.17 	(c) No law enforcement agency, local unit of government, or state agency is 
11.18 	responsible or financially liable for any storage fees incurred due to a seizure under this 
11.19 	section.

11.20 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to crimes 
11.21 	committed on or after that date.

11.22 	Sec. 6. Minnesota Statutes 2008, section 84.793, subdivision 1, is amended to read:
11.23 		Subdivision 1.Prohibitions on youthful operators. (a) After January 1, 1995, a 
11.24 	person less than 16 years of age operating an off-highway motorcycle on public lands 
11.25 	or waters must possess a valid off-highway motorcycle safety certificate issued by the 
11.26 	commissioner.
11.27 	(b) Except for operation on public road rights-of-way that is permitted under section 
11.28 	84.795, subdivision 1, a driver's license issued by the state or another state is required to 
11.29 	operate an off-highway motorcycle along or on a public road right-of-way. 
11.30 	(c) A person under 12 years of age may not:
11.31 	(1) make a direct crossing of a public road right-of-way;
11.32 	(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
11.33 	(3) operate an off-highway motorcycle on public lands or waters unless accompanied 
11.34 	on another off-highway motorcycle by a person 18 years of age or older or participating in 
11.35 	an event for which the commissioner has issued a special use permit.
12.1 	(d) Except for public road rights-of-way of interstate highways, a person less than 16 
12.2 	years of age may make a direct crossing of a public road right-of-way of a trunk, county 
12.3 	state-aid, or county highway only if that person is accompanied on another off-highway 
12.4 	motorcycle by a person 18 years of age or older who holds a valid driver's license.
12.5 	(e) A person less than 16 years of age may operate an off-highway motorcycle on 
12.6 	public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph 
12.7 	(a), only if that person is accompanied on another off-highway motorcycle by a person 18 
12.8 	years of age or older who holds a valid driver's license. 

12.9 	Sec. 7. Minnesota Statutes 2008, section 84.83, subdivision 3, is amended to read:
12.10 		Subd. 3.Purposes for the account. The money deposited in the account and 
12.11 	interest earned on that money may be expended only as appropriated by law for the 
12.12 	following purposes:
12.13 	(1) for a grant-in-aid program to counties and municipalities for construction and 
12.14 	maintenance of snowmobile trails, including maintenance of trails on lands and waters of 
12.15 	Voyageurs National Park,; on Lake of the Woods,; on Rainy Lake, and; on the following 
12.16 	lakes in St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and 
12.17 	Vermilion; and on the following lakes in Cook County: Devil Track and Hungry Jack;
12.18 	(2) for acquisition, development, and maintenance of state recreational snowmobile 
12.19 	trails;
12.20 	(3) for snowmobile safety programs; and
12.21 	(4) for the administration and enforcement of sections 84.81 to 84.91 and 
12.22 	appropriated grants to local law enforcement agencies.

12.23 	Sec. 8. Minnesota Statutes 2008, section 84.92, subdivision 8, is amended to read:
12.24 		Subd. 8.All-terrain vehicle or vehicle.  "All-terrain vehicle" or "vehicle" means a 
12.25 	motorized flotation-tired vehicle of not less than three low pressure tires, but not more 
12.26 	than six tires, that is limited in engine displacement of less than 800 960 cubic centimeters 
12.27 	and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

12.28 	Sec. 9. Minnesota Statutes 2008, section 84.928, subdivision 1a, is amended to read:
12.29 		Subd. 1a.Crossing a public road right-of-way. (a) An all-terrain vehicle may 
12.30 	make a direct crossing of a public road right-of-way provided:
12.31 	(1) the crossing is made at an angle of approximately 90 degrees to the direction of 
12.32 	the road and at a place where no obstruction prevents a quick and safe crossing;
13.1 	(2) the vehicle is brought to a complete stop before crossing the shoulder or 
13.2 	main-traveled way of the road;
13.3 	(3) the driver yields the right-of-way to all oncoming traffic that constitutes an 
13.4 	immediate hazard;
13.5 	(4) in crossing a divided road, the crossing is made only at an intersection of the 
13.6 	road with another public road; and
13.7 	(5) if the crossing is made between the hours of one-half hour after sunset to 
13.8 	one-half hour before sunrise or in conditions of reduced visibility, only if both front and 
13.9 	rear lights are on.
13.10 	(b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is 
13.11 	part of the main-traveled lanes of an interstate highway, or roadway shoulder or inside 
13.12 	bank of a public road right-of-way when required for the purpose of avoiding obstructions 
13.13 	to travel or environmentally sensitive areas when no other method of avoidance is 
13.14 	possible; provided the all-terrain vehicle is operated in the extreme right-hand lane, the 
13.15 	entrance to the roadway is made within 100 feet of the bridge or, obstacle, or sensitive 
13.16 	area, and the crossing is made without undue delay.
13.17 	(c) A person shall not operate an all-terrain vehicle upon a public street or highway 
13.18 	unless the vehicle is equipped with at least one headlight and one taillight, each of 
13.19 	minimum candlepower as prescribed by rules of the commissioner, and with brakes 
13.20 	conforming to standards prescribed by rule of the commissioner, and all of which are 
13.21 	subject to the approval of the commissioner of public safety.
13.22 	(d) An all-terrain vehicle may be operated upon a public road right-of-way other 
13.23 	than as provided by paragraph (b) in an emergency during the period of time when and at 
13.24 	locations where the condition of the roadway renders travel by automobile impractical.
13.25 	(e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets 
13.26 	and highways, except for those provisions relating to required equipment and except those 
13.27 	provisions which by their nature have no application.
13.28 	(f) A sled, trailer, or other device being towed by an all-terrain vehicle must be 
13.29 	equipped with reflective materials as required by rule of the commissioner.
13.30 	(g) A driver's license is not required to operate an all-terrain vehicle along or on a 
13.31 	public road right-of-way if the right-of-way encompasses a trail administered by the 
13.32 	commissioner and designated for all-terrain vehicle use or multiple use.
13.33 	(h) A road authority as defined in section 160.02, subdivision 25, may by permit 
13.34 	designate corridor access trails on public road rights-of-way for purposes of accessing 
13.35 	established all-terrain vehicle trails. A driver's license is not required to operate an 
13.36 	all-terrain vehicle on a designated corridor access trail.

14.1 	Sec. 10. Minnesota Statutes 2008, section 85.015, subdivision 2, is amended to read:
14.2 		Subd. 2.Casey Jones Trail, Murray, Redwood, and Pipestone, and Rock
14.3 	Counties. (a) The trail shall originate in Lake Shetek State Park in Murray County 
14.4 	and include the six-mile loop between Currie in Murray County and Lake Shetek State 
14.5 	Park. From there, the first half of the trail shall trail southwesterly to Slayton in Murray 
14.6 	County; thence westerly to the point of intersection with the most easterly terminus of 
14.7 	the state-owned abandoned railroad right-of-way, commonly known as the Casey Jones 
14.8 	unit; thence westerly along said Casey Jones unit to Pipestone in Pipestone County; thence 
14.9 	southwesterly to Split Rock Creek State Park in Pipestone County,; thence southeasterly 
14.10 	to Blue Mounds State Park in Rock County; thence southerly to Luverne and Schoneman 
14.11 	Park in Rock County, and there terminate. The second half of the trail shall commence 
14.12 	in Lake Shetek State Park in Murray County and trail northeasterly to Walnut Grove in 
14.13 	Redwood County; thence northeasterly to Redwood Falls in Redwood County to join with 
14.14 	the Minnesota River State Trail.
14.15 	(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail. 
14.16 	Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally 
14.17 	established, and the use thereof shall be concurrent.

14.18 	Sec. 11. Minnesota Statutes 2008, section 85.015, is amended by adding a subdivision 
14.19 	to read:
14.20 		Subd. 26.Des Moines River Valley Trail, Jackson, Cottonwood, and Murray 
14.21 	Counties. The trail shall originate in Jackson County at the Minnesota-Iowa border and 
14.22 	connect with the Dickinson Trail in Mini-Wakan State Park in Iowa. To the greatest extent 
14.23 	possible, the trail shall follow the Des Moines River Valley, extending northwesterly 
14.24 	through Jackson County to Kilen Woods State Park, through Cottonwood County, and into 
14.25 	Murray County. The trail shall terminate at Casey Jones Trail in Murray County.

14.26 	Sec. 12. Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:
14.27 		Subd. 3.Second vehicleMultiple-vehicle permits. The commissioner shall 
14.28 	prescribe and issue second vehiclemultiple-vehicle state park permits for persons who 
14.29 	own more than one motor vehicle and who request a second the permit for the second 
14.30 	vehicle additional vehicles on a form prescribed by the commissioner. The commissioner 
14.31 	may issue an applicant only one second vehicle permit.

14.32 	Sec. 13. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 
14.33 	to read:
15.1 		Subd. 15.John A. Latsch State Park. A state park permit is not required and a fee 
15.2 	may not be charged for motor vehicle entry or parking at the parking lot located adjacent 
15.3 	to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.

15.4 	Sec. 14. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 
15.5 	to read:
15.6 		Subd. 16.Greenleaf Lake State Recreation Area. A state park permit is not 
15.7 	required and a fee may not be charged for motor vehicle entry or parking at Greenleaf 
15.8 	Lake State Recreation Area.

15.9 	Sec. 15. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 
15.10 	to read:
15.11 		Subd. 17.School-sanctioned activities. A state park permit is not required and a fee 
15.12 	may not be charged for vehicles transporting K-12 students engaged in school-sanctioned 
15.13 	activities at state parks.

15.14 	Sec. 16. Minnesota Statutes 2008, section 85.055, subdivision 1, is amended to read:
15.15 		Subdivision 1.Fees. The fee for state park permits for:
15.16 	(1) an annual use of state parks is $25;
15.17 	(2) a second or subsequent vehicle state park permit is $18;
15.18 	(3) a state park permit valid for one day is $5;
15.19 	(4) a daily vehicle state park permit for groups is $3;
15.20 	(5) an annual permit for motorcycles is $20;
15.21 	(6) an employee's state park permit is without charge; and
15.22 	(7) a state park permit for disabled persons under section 85.053, subdivision 7, 
15.23 	clauses (1) and (2), is $12. 
15.24 	The fees specified in this subdivision include any sales tax required by state law.

15.25 	Sec. 17. Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision 
15.26 	to read:
15.27 		Subd. 15.State boater wayside. (a) Boater waysides may be established to provide 
15.28 	for public use.
15.29 	(b) No unit shall be authorized as a state boater wayside unless its proposed location 
15.30 	substantially satisfies the following criteria:
15.31 	(1) contains resources that are desirable for use by boaters;
15.32 	(2) is accessible by persons traveling by boat, canoe, or kayak; and
16.1 	(3) may be near, associated with, or located within a unit of the outdoor recreation 
16.2 	system under this section.
16.3 	(c) State boater waysides shall be administered by the commissioner of natural 
16.4 	resources in a manner that is consistent with the purpose of this subdivision. Facilities 
16.5 	for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be 
16.6 	provided when the commissioner determines that these activities are justifiable and 
16.7 	compatible with the resources and the natural environment.

16.8 	Sec. 18. Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:
16.9 		Subdivision 1.Secondary authorization; when permitted. A unit of the outdoor 
16.10 	recreation system may be authorized wholly or partially within the boundaries of another 
16.11 	unit only when the authorization is consistent with the purposes and objectives of the 
16.12 	respective units.and only in the instances permitted below:
16.13 	(a) The following units may be authorized wholly or partially within a state park: 
16.14 	historic site, scientific and natural area, wilderness area, wild, scenic, and recreational 
16.15 	river, trail, rest area, aquatic management area, and water access site.
16.16 	(b) The following units may be authorized wholly or partially within a state 
16.17 	recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, 
16.18 	trail, rest area, aquatic management area, wildlife management area, and water access site.
16.19 	(c) The following units may be authorized wholly or partially within a state forest: 
16.20 	state park, state recreation area, historic site, wildlife management area, scientific and 
16.21 	natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic 
16.22 	management area, and water access site.
16.23 	(d) The following units may be authorized wholly or partially within a state historic 
16.24 	site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and 
16.25 	water access site.
16.26 	(e) The following units may be authorized wholly or partially within a state wildlife 
16.27 	management area: state water access site and aquatic management area.
16.28 	(f) The following units may be authorized wholly or partially within a state wild, 
16.29 	scenic, or recreational river: state park, historic site, scientific and natural area, wilderness 
16.30 	area, trail, rest area, aquatic management area, and water access site.
16.31 	(g) The following units may be authorized wholly or partially within a state rest 
16.32 	area: historic site, trail, wild, scenic, and recreational river, aquatic management area, 
16.33 	and water access site.
17.1 	(h) The following units may be authorized wholly or partially within an aquatic 
17.2 	management area: historic site, scientific and natural area, wild, scenic, and recreational 
17.3 	river, and water access site.

17.4 	Sec. 19. Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:
17.5 		Subdivision 1.Master plan required. No construction of new facilities or other 
17.6 	development of an authorized unit, other than repairs and maintenance, shall commence 
17.7 	until the managing agency has prepared and submitted to the commissioner of natural 
17.8 	resources and the commissioner has reviewed, pursuant to this section, a master plan for 
17.9 	administration of the unit in conformity with this section. No master plan is required for 
17.10 	wildlife management areas that do not have resident managers, for water access sites, for 
17.11 	aquatic management areas, or for rest areas, or for boater waysides.

17.12 	Sec. 20. Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision 
17.13 	to read:
17.14 		Subd. 6.Law enforcement watercraft displaying emergency lights. When 
17.15 	approaching and passing a law enforcement watercraft with its emergency lights 
17.16 	activated, the operator of a watercraft must safely move the watercraft away from the law 
17.17 	enforcement watercraft and maintain a slow-no wake speed while within 150 feet of 
17.18 	the law enforcement watercraft.

17.19 	Sec. 21. Minnesota Statutes 2008, section 97A.321, is amended to read:
17.20 	97A.321 DOGS PURSUING OR KILLING BIG GAME.
17.21 		Subdivision 1.Owner responsibility; penalty amount. The owner of a dog that 
17.22 	pursues but does not kill a big game animal is subject to a civil penalty of $100 for each 
17.23 	violation. The owner of a dog that kills a big game animal is subject to a civil penalty of 
17.24 	$500 for each violation.
17.25 		Subd. 2.Appeals. Civil penalties under this section may be appealed according to 
17.26 	procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying 
17.27 	the commissioner in writing within 15 days after receipt of the citation. If a hearing 
17.28 	is not requested within the 15-day period, the civil penalty becomes a final order not 
17.29 	subject to further review.
17.30 		Subd. 3.Enforcement. Civil penalties under this section may be enforced according 
17.31 	to section 116.072, subdivisions 9 and 10.
18.1 		Subd. 4.Payment of penalty. Penalty amounts shall be remitted to the 
18.2 	commissioner within 30 days of issuance of the penalty notice and shall be deposited in 
18.3 	the game and fish fund.

18.4 	Sec. 22. [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.
18.5 	A licensed peace officer may, at any time, take any protected wild animal that is 
18.6 	posing an immediate threat to public safety. A peace officer who destroys a protected wild 
18.7 	animal under this section must protect all evidence and report the taking to a conservation 
18.8 	officer as soon as practicable, but no later than 48 hours after the animal is destroyed.

18.9 	Sec. 23. Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read:
18.10 		Subdivision 1.Membership. The Board of Water and Soil Resources is composed 
18.11 	of 12 15 appointed members knowledgeable of water and soil problems and conditions 
18.12 	within the state and five ex officio members.

18.13 	Sec. 24. Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read:
18.14 		Subd. 2.Voting members. (a) The members are:
18.15 	(1) three county commissioners;
18.16 	(2) three soil and water conservation district supervisors;
18.17 	(3) three watershed district or watershed management organization representatives;
18.18 	(4) three citizens who are not employed by, or the appointed or elected officials of, 
18.19 	a governmental office, board, or agency;
18.20 	(5) one township officer;
18.21 	(6) two elected city officials, one of whom must be from a city located in the 
18.22 	metropolitan area, as defined under section 473.121, subdivision 2;
18.23 	(5) (7) the commissioner of agriculture;
18.24 	(6) (8) the commissioner of health;
18.25 	(7) (9) the commissioner of natural resources;
18.26 	(8) (10) the commissioner of the Pollution Control Agency; and
18.27 	(9) (11) the director of the University of Minnesota Extension Service.
18.28 	(b) Members in paragraph (a), clauses (1) to (4) (6), must be distributed across 
18.29 	the state with at least three four members but not more than five six members from the 
18.30 	metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the 
18.31 	current soil and water conservation administrative regions. 
18.32 	(c) Members in paragraph (a), clauses (1) to (4) (6), are appointed by the governor. 
18.33 	In making the appointments, the governor may consider persons recommended by 
19.1 	the Association of Minnesota Counties, the Minnesota Association of Townships, the 
19.2 	League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation 
19.3 	Districts, and the Minnesota Association of Watershed Districts. The list submitted by an 
19.4 	association must contain at least three nominees for each position to be filled.
19.5 	(d) The membership terms, compensation, removal of members and filling of 
19.6 	vacancies on the board for members in paragraph (a), clauses (1) to (4) (6), are as provided 
19.7 	in section 15.0575. 

19.8 	Sec. 25. Minnesota Statutes 2008, section 103B.3355, is amended to read:
19.9 	103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC 
19.10 	VALUES.
19.11 	(a) The public values of wetlands must be determined based upon the functions of 
19.12 	wetlands for:
19.13 	(1) water quality, including filtering of pollutants to surface and groundwater, 
19.14 	utilization of nutrients that would otherwise pollute public waters, trapping of sediments, 
19.15 	shoreline protection, and utilization of the wetland as a recharge area for groundwater;
19.16 	(2) floodwater and stormwater retention, including the potential for flooding in 
19.17 	the watershed, the value of property subject to flooding, and the reduction in potential 
19.18 	flooding by the wetland;
19.19 	(3) public recreation and education, including hunting and fishing areas, wildlife 
19.20 	viewing areas, and nature areas;
19.21 	(4) commercial uses, including wild rice and cranberry growing and harvesting 
19.22 	and aquaculture;
19.23 	(5) fish, wildlife, native plant habitats;
19.24 	(6) low-flow augmentation; and
19.25 	(7) carbon sequestration; and
19.26 	(8) other public uses.
19.27 	(b) The Board of Water and Soil Resources, in consultation with the commissioners 
19.28 	of natural resources and agriculture and local government units, shall adopt rules 
19.29 	establishing:
19.30 	(1) scientific methodologies for determining the functions of wetlands; and
19.31 	(2) criteria for determining the resulting public values of wetlands.
19.32 	(c) The methodologies and criteria established under this section or other 
19.33 	methodologies and criteria that include the functions in paragraph (a) and are approved 
19.34 	by the board, in consultation with the commissioners of natural resources and agriculture 
19.35 	and local government units, must be used to determine the functions and resulting public 
20.1 	values of wetlands in the state. The functions listed in paragraph (a) are not listed in 
20.2 	order of priority.
20.3 	(d) Public value criteria established or approved by the board under this section do 
20.4 	not apply in areas subject to local comprehensive wetland protection and management 
20.5 	plans established under section 103G.2243.  
20.6 	(e) The Board of Water and Soil Resources, in consultation with the commissioners 
20.7 	of natural resources and agriculture and local government units, may identify regions of 
20.8 	the state where preservation, enhancement, restoration, and establishment of wetlands 
20.9 	would have high public value. The board, in consultation with the commissioners, may 
20.10 	identify high priority wetland regions using available information relating to the factors 
20.11 	listed in paragraph (a). The board shall notify local units of government with water 
20.12 	planning authority of these high priority regions.

20.13 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
20.14 	rulemaking that begins after that date.

20.15 	Sec. 26. Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to 
20.16 	read:
20.17 		Subd. 5.Financial assistance. A base grant may be awarded to a county that levies
20.18 	provides a match utilizing a water implementation tax or other local source. A water 
20.19 	implementation tax that a county intends to use as a match to the base grant must be levied
20.20 	at a rate, which shall be determined by the board. The minimum amount of the water 
20.21 	implementation tax shall be a tax rate times the adjusted net tax capacity of the county for 
20.22 	the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent, 
20.23 	that, when applied to the adjusted net tax capacity for all counties, raises the amount of 
20.24 	$1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised 
20.25 	by that levy the local match. If the amount necessary to implement the local water plan for 
20.26 	the county is less than $37,500, the amount of the base grant shall be the amount that, 
20.27 	when added to the levy match amount, equals the amount required to implement the plan. 
20.28 	For counties where the tax rate generates an amount equal to or greater than $18,750, the 
20.29 	base grant shall be in an amount equal to $18,750.

20.30 	Sec. 27. Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to read:
20.31 		Subd. 2.Request by district board. (a) A district board requesting funds of the 
20.32 	state board must submit an application in a form prescribed by the board containing:
20.33 	(1) a comprehensive plan;
20.34 	(2) an annual work plan; and
21.1 	(3) an application for cost-sharing funds.
21.2 	(b) The comprehensive and annual work plans must be completed as provided in 
21.3 	section 103C.331, subdivision 11. After review of the district's comprehensive plan, the 
21.4 	state board must approve the comprehensive plan with necessary amendments or reject 
21.5 	the plan.

21.6 	Sec. 28. Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read:
21.7 		Subd. 4.Cost-sharing funds. (a) The state board shall allocate at least 70 percent 
21.8 	of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality 
21.9 	problems or water quantity problems due to altered hydrology. The areas must be 
21.10 	selected based on the statewide priorities established by the state board. The allocated 
21.11 	funds must be used for conservation practices for high priority problems identified in the 
21.12 	comprehensive and annual work plans of the districts.
21.13 	(b) The remaining cost-sharing funds may be allocated to districts as follows:
21.14 	(1) for technical and administrative assistance, not more than 20 percent of the 
21.15 	funds; and
21.16 	(2) for conservation practices for lower priority erosion, sedimentation, or water 
21.17 	quality problems.

21.18 	Sec. 29. Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read:
21.19 		Subd. 5.Contracts by districts. (a) A district board may contract on a cost-share 
21.20 	basis to furnish financial aid to a land occupier or to a state agency for permanent systems 
21.21 	for erosion or sedimentation control or water quality improvement or water quantity 
21.22 	improvements that are consistent with the district's comprehensive and annual work plans.
21.23 	(b) The duration of the contract must, at a minimum, be the time required to 
21.24 	complete the planned systems. A contract must specify that the land occupier is liable for 
21.25 	monetary damages and penalties in an amount up to 150 percent of the financial assistance 
21.26 	received from the district, for failure to complete the systems or practices in a timely 
21.27 	manner or maintain the systems or practices as specified in the contract.
21.28 	(c) A contract may provide for cooperation or funding with federal agencies. A land 
21.29 	occupier or state agency may provide the cost-sharing portion of the contract through 
21.30 	services in kind.
21.31 	(d) The state board or the district board may not furnish any financial aid for 
21.32 	practices designed only to increase land productivity.
21.33 	(e) When a district board determines that long-term  maintenance of a system or 
21.34 	practice is desirable, the board may  require that maintenance be made a covenant upon 
22.1 	the land for the effective life of the practice.  A covenant under this  subdivision shall be 
22.2 	construed in the same manner as a  conservation restriction under section 84.65.

22.3 	Sec. 30. Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read:
22.4 		Subd. 6.Policies and rules. (a) The state board may adopt rules and shall adopt 
22.5 	rules policies prescribing:
22.6 	(1) procedures and criteria for allocating funds for cost-sharing contracts;
22.7 	(2) standards and guidelines for cost-sharing contracts;
22.8 	(3) the scope and content of district comprehensive plans, plan amendments, and 
22.9 	annual work plans;
22.10 	(4) standards and methods necessary to plan and implement a priority cost-sharing 
22.11 	program, including guidelines to identify high priority erosion, sedimentation, and water 
22.12 	quality problems and water quantity problems due to altered hydrology;
22.13 	(5) the share of the cost of conservation practices to be paid from cost-sharing 
22.14 	funds; and
22.15 	(6) requirements for districts to document their efforts to identify and contact land 
22.16 	occupiers with high priority erosion problems.
22.17 	(b) The rules may provide that cost-sharing may be used for farmstead windbreaks 
22.18 	and shelterbelts for the purposes of energy conservation and snow protection.

22.19 	Sec. 31. Minnesota Statutes 2008, section 103F.505, is amended to read:
22.20 	103F.505 PURPOSE AND POLICY.
22.21 	It is the purpose of sections 103F.505 to 103F.531 to keep restore certain marginal 
22.22 	agricultural land out of crop production and protect environmentally sensitive areas to 
22.23 	protect enhance soil and water quality, minimize damage to flood-prone areas, sequester 
22.24 	carbon, and support native plant, fish, and wildlife habitat habitats. It is state policy to 
22.25 	encourage the restoration of wetlands and riparian lands and promote the retirement of 
22.26 	marginal, highly erodible land, particularly land adjacent to public waters, drainage 
22.27 	systems, wetlands, and locally designated priority waters, from crop production and to 
22.28 	reestablish a cover of perennial vegetation.

22.29 	Sec. 32. Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:
22.30 		Subd. 5.Drained wetland. "Drained wetland" means a former natural wetland that 
22.31 	has been altered by draining, dredging, filling, leveling, or other manipulation sufficient 
22.32 	to render the land suitable for agricultural crop production. The alteration must have 
23.1 	occurred before December 23, 1985, and must be a legal alteration as determined by the 
23.2 	commissioner of natural resources.

23.3 	Sec. 33. Minnesota Statutes 2008, section 103F.511, is amended by adding a 
23.4 	subdivision to read:
23.5 		Subd. 8a.Reinvest in Minnesota reserve program. "Reinvest in Minnesota 
23.6 	reserve program" means the program established under section 103F.515.

23.7 	Sec. 34. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:
23.8 		Subd. 8a 8b.Riparian land. "Riparian land" means lands adjacent to public 
23.9 	waters, drainage systems, wetlands, or locally designated priority waters identified in a 
23.10 	comprehensive local water plan, as defined in section 103B.3363, subdivision 3.

23.11 	Sec. 35. Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:
23.12 		Subdivision 1.Establishment of program. The board, in consultation with the 
23.13 	commissioner of agriculture and the commissioner of natural resources, shall establish 
23.14 	and administer a conservation the reinvest in Minnesota reserve program. The board 
23.15 	shall implement sections 103F.505 to 103F.531. Selection of land for the conservation
23.16 	reinvest in Minnesota reserve program must be based on its enhancement potential for 
23.17 	fish and, wildlife production, and native plant habitats, reducing erosion, and protecting 
23.18 	water quality.

23.19 	Sec. 36. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
23.20 		Subd. 4.Nature of property rights acquired. (a) A conservation easement must 
23.21 	prohibit:
23.22 	(1) alteration of wildlife habitat and other natural features, unless specifically 
23.23 	approved by the board;
23.24 	(2) agricultural crop production and livestock grazing, unless specifically approved 
23.25 	by the board for wildlife conservation management purposes or extreme drought; and
23.26 	(3) grazing of livestock except, for agreements entered before the effective date of 
23.27 	Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the 
23.28 	board after consultation with the commissioner of natural resources, in the case of severe 
23.29 	drought, or a local emergency declared under section 12.29; and
23.30 	(4) (3) spraying with chemicals or mowing, except:
23.31 	(i) as necessary to comply with noxious weed control laws or;
23.32 	(ii) for emergency control of pests necessary to protect public health; or
24.1 	(iii) as approved by the board for conservation management purposes.
24.2 	(b) A conservation easement is subject to the terms of the agreement provided in 
24.3 	subdivision 5.
24.4 	(c) A conservation easement must allow repairs, improvements, and inspections 
24.5 	necessary to maintain public drainage systems provided the easement area is restored to 
24.6 	the condition required by the terms of the conservation easement.
24.7 	(d) Notwithstanding paragraph (a), the board must permit the harvest of native 
24.8 	grasses for use in seed production or bioenergy on wellhead protection lands eligible 
24.9 	under subdivision 2, paragraph (d).

24.10 	Sec. 37. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:
24.11 		Subd. 4.Nature of property rights acquired. (a) A conservation easement must 
24.12 	prohibit:
24.13 	(1) alteration of wildlife habitat and other natural features, unless specifically 
24.14 	approved by the board;
24.15 	(2) agricultural crop production and livestock grazing, unless specifically approved 
24.16 	by the board for wildlife conservation management purposes or extreme drought; and
24.17 	(3) grazing of livestock except, for agreements entered before the effective date of 
24.18 	Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the 
24.19 	board after consultation with the commissioner of natural resources, in the case of severe 
24.20 	drought, or a local emergency declared under section 12.29; and
24.21 	(4) spraying with chemicals or mowing, except as necessary to comply with noxious 
24.22 	weed control laws or, for emergency control of pests necessary to protect public health, or 
24.23 	as approved by the board for conservation management purposes.
24.24 	(b) A conservation easement is subject to the terms of the agreement provided in 
24.25 	subdivision 5.
24.26 	(c) A conservation easement must allow repairs, improvements, and inspections 
24.27 	necessary to maintain public drainage systems provided the easement area is restored to 
24.28 	the condition required by the terms of the conservation easement.

24.29 	Sec. 38. Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:
24.30 		Subd. 5.Agreements by landowner. The board may enroll eligible land in the 
24.31 	conservation reinvest in Minnesota reserve program by signing an agreement in recordable 
24.32 	form with a landowner in which the landowner agrees:
24.33 	(1) to convey to the state a conservation easement that is not subject to any prior 
24.34 	title, lien, or encumbrance;
25.1 	(2) to seed the land subject to the conservation easement, as specified in the 
25.2 	agreement, to establish and maintain perennial cover of either a grass-legume mixture or 
25.3 	native grasses for the term of the easement, at seeding rates determined by the board; or 
25.4 	to plant trees or carry out other long-term capital improvements approved by the board 
25.5 	for soil and water conservation or wildlife management;
25.6 	(3) to convey to the state a permanent easement for the wetland restoration;
25.7 	(4) that other land supporting natural vegetation owned or leased as part of the 
25.8 	same farm operation at the time of application, if it supports natural vegetation or and
25.9 	has not been used in agricultural crop production, will not be converted to agricultural 
25.10 	crop production or pasture; and
25.11 	(5) that the easement duration may be lengthened through mutual agreement with 
25.12 	the board in consultation with the commissioners of agriculture and natural resources 
25.13 	if they determine that the changes effectuate the purpose of the program or facilitate 
25.14 	its administration.

25.15 	Sec. 39. Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:
25.16 		Subd. 6.Payments for conservation easements and establishment of cover
25.17 	conservation practices. (a) The board must make the following shall establish rates 
25.18 	for payments to the landowner for the conservation easement and agreement: related 
25.19 	practices. The board shall consider market factors, including the township average 
25.20 	equalized estimated market value of property as established by the commissioner of 
25.21 	revenue at the time of easement application.
25.22 	(1) to establish the perennial cover or other improvements required by the agreement:
25.23 	(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost 
25.24 	not to exceed $125 per acre for limited duration easements and 100 percent of the total 
25.25 	eligible cost not to exceed $150 per acre for perpetual easements;
25.26 	(ii) for native species restoration, 75 percent of the total eligible cost not to exceed 
25.27 	$200 per acre for limited duration easements and 100 percent of the total eligible cost not 
25.28 	to exceed $300 per acre for perpetual easements; and
25.29 	(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600 
25.30 	per acre;
25.31 	(2) for the cost of planting trees required by the agreement, up to 75 percent of the 
25.32 	total eligible cost not to exceed $250 per acre for limited duration easements, and 100 
25.33 	percent of the total eligible cost not to exceed $400 per acre for perpetual easements;
26.1 	(3) for a permanent easement, 70 percent of the township average equalized 
26.2 	estimated market value of agricultural property as established by the commissioner of 
26.3 	revenue at the time of easement application;
26.4 	(4) for an easement of limited duration, 90 percent of the present value of the 
26.5 	average of the accepted bids for the federal conservation reserve program, as contained in 
26.6 	Public Law 99-198, in the relevant geographic area and on bids accepted at the time of 
26.7 	easement application; or
26.8 	(5) an alternative payment system for easements based on cash rent or a similar 
26.9 	system as may be determined by the board.
26.10 	(b) For hillside pasture conservation easements, the payments to the landowner in 
26.11 	paragraph (a) for the conservation easement and agreement must be reduced to reflect the 
26.12 	value of similar property.
26.13 	(c)(b)  The board may establish a payment system for flowage easements acquired 
26.14 	under this section.
26.15 	(d)(c)  For wetland restoration projects involving more than one conservation 
26.16 	easement, state payments for restoration costs may exceed the limits set forth in this section
26.17 	by the board for an individual easement provided the total payment for the restoration 
26.18 	project does not exceed the amount payable for the total number of acres involved.
26.19 	(e)(d)  The board may use available nonstate funds to exceed the payment limits 
26.20 	in this section.

26.21 	Sec. 40. Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:
26.22 		Subdivision 1.Cooperation. In implementing sections 103F.505 to 103F.531, the 
26.23 	board must share information and cooperate with the Department of Agriculture, the 
26.24 	Department of Natural Resources, the Pollution Control Agency, the United States Fish 
26.25 	and Wildlife Service, the Agricultural Stabilization and Conservation Service and Soil 
26.26 	Conservation Service of the United States Department of Agriculture, the Minnesota 
26.27 	Extension Service, the University of Minnesota, county boards, soil and water conservation 
26.28 	districts, watershed districts, and interested private organizations and individuals.

26.29 	Sec. 41. Minnesota Statutes 2008, section 103F.525, is amended to read:
26.30 	103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE 
26.31 	CONSERVATION PROGRAMS.
26.32 	The board may supplement payments made under federal land retirement programs 
26.33 	to the extent of available appropriations other than bond proceeds. The supplemental 
26.34 	payments must be used to establish perennial cover on land enrolled or increase payments 
27.1 	for land enrollment in programs approved by the board, including the federal conservation 
27.2 	reserve program and federal and state water bank program.

27.3 	Sec. 42. Minnesota Statutes 2008, section 103F.526, is amended to read:
27.4 	103F.526 FOOD PLOTS IN WINDBREAKS.
27.5 	The board, in cooperation with the commissioner of natural resources, may authorize 
27.6 	wildlife food plots on land with windbreaks enrolled in a conservation easement under 
27.7 	section 103F.515.

27.8 	Sec. 43. Minnesota Statutes 2008, section 103F.531, is amended to read:
27.9 	103F.531 RULEMAKING.
27.10 	The board may adopt rules or policy to implement sections 103F.505 to 103F.531. 
27.11 	The rules must include standards for tree planting so that planting does not conflict with 
27.12 	existing electrical lines, telephone lines, rights-of-way, or drainage ditches.

27.13 	Sec. 44. Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:
27.14 		Subd. 5.Release and alteration of conservation easements. Conservation 
27.15 	easements existing under this section, as of April 30, 1992, may be altered, released, 
27.16 	or terminated by the board of Water and Soil Resources after consultation with the 
27.17 	commissioners of agriculture and natural resources. The board may alter, release, or 
27.18 	terminate a conservation easement only if the board determines that the public interest and 
27.19 	general welfare are better served by the alteration, release, or termination.

27.20 	Sec. 45. Minnesota Statutes 2008, section 103G.201, is amended to read:
27.21 	103G.201 PUBLIC WATERS INVENTORY.
27.22 	(a) The commissioner shall preparemaintain a public waters inventory map of each 
27.23 	county that shows the waters of this state that are designated as public waters under the 
27.24 	public waters inventory and classification procedures prescribed under Laws 1979, chapter 
27.25 	199, and shall provide access to a copy of the maps and lists. TheAs county public waters 
27.26 	inventory map for each county must be filed with maps and lists are revised according to 
27.27 	this section, the commissioner shall send a notification or a copy of the maps and lists 
27.28 	to the auditor of theeach affected county.
27.29 	(b) The commissioner is authorized to revise the list of public waters established 
27.30 	under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously 
27.31 	identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as 
28.1 	wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify 
28.2 	public waters wetlands as public waters if:
28.3 	(1) they are assigned a shoreland management classification by the commissioner 
28.4 	under sections 103F.201 to 103F.221;
28.5 	(2) they are classified as lacustrine wetlands or deepwater habitats according to 
28.6 	Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, 
28.7 	et al., 1979 edition); or
28.8 	(3) the state or federal government has become titleholder to any of the beds or 
28.9 	shores of the public waters wetlands, subsequent to the preparation of the public waters 
28.10 	inventory map filed with the auditor of the county, pursuant to paragraph (a), and the 
28.11 	responsible state or federal agency declares that the water is necessary for the purposes 
28.12 	of the public ownership.
28.13 	(c) The commissioner must provide notice of the reclassification to the local 
28.14 	government unit, the county board, the watershed district, if one exists for the area, and 
28.15 	the soil and water conservation district. Within 60 days of receiving notice from the 
28.16 	commissioner, a party required to receive the notice may provide a resolution stating 
28.17 	objections to the reclassification. If the commissioner receives an objection from a party 
28.18 	required to receive the notice, the reclassification is not effective. If the commissioner does 
28.19 	not receive an objection from a party required to receive the notice, the reclassification 
28.20 	of a wetland under paragraph (b) is effective 60 days after the notice is received by all 
28.21 	of the parties.
28.22 	(d) The commissioner shall give priority to the reclassification of public waters 
28.23 	wetlands that are or have the potential to be affected by public works projects.
28.24 	(e) The commissioner may revise the public waters inventory map and list of each 
28.25 	county:
28.26 	(1) to reflect the changes authorized in paragraph (b); and
28.27 	(2) as needed, to:
28.28 	(i) correct errors in the original inventory;
28.29 	(ii) add or subtract trout stream tributaries within sections that contain a designated 
28.30 	trout stream following written notice to the landowner;
28.31 	(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 
28.32 	50 acres and the shoreland has been zoned for residential development; and
28.33 	(iv) add or subtract public waters that have been created or eliminated as a 
28.34 	requirement of a permit authorized by the commissioner under section 103G.245.

28.35 	Sec. 46. CONSUMPTIVE USE OF WATER.
 29.1 	Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature 
29.2 	approves of the consumptive use of water under a permit of more than 2,000,000 gallons 
29.3 	per day average in a 30-day period in St. Louis County, in connection with snowmaking, 
29.4 	subject to the commissioner of natural resources making a determination that the water 
29.5 	remaining in the basin of origin will be adequate to meet the basin's need for water and 
29.6 	approval by the commissioner of natural resources of all applicable permits.

29.7 	Sec. 47. PLANNING AND DEVELOPMENT.
 29.8 	The commissioner of natural resources shall work with Friends of the Casey Jones 
29.9 	Trail in planning and developing the extension of the Casey Jones Trail.

29.10 	Sec. 48. TRAIL PLANNING AND DEVELOPMENT.
 29.11 	The commissioner of natural resources shall work with Friends of the Jackson 
29.12 	County Trails in planning and developing the Des Moines River Valley Trail.

29.13 	Sec. 49. WILD RICE HARVEST AUTHORITY.
 29.14 	Notwithstanding Minnesota Statutes, section 84.15, subdivision 1, until December 
29.15 	31, 2009, the commissioner of natural resources may, by posting, restrict or prohibit the 
29.16 	harvesting of wild rice on public waters based on the stage of ripeness of the wild rice 
29.17 	stands in the waters.

29.18 	Sec. 50. REVISOR'S INSTRUCTION.
 29.19 	(a) The revisor of statutes shall change the term "conservation reserve program" to 
29.20 	"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections 
29.21 	84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.
29.22 	(b) In each section of Minnesota Statutes referred to in column A, the revisor of 
29.23 	statutes shall delete the reference in column B and insert the reference in column C.

29.24	Column A
	Column B
	Column C
	
29.25	84.777
	84.805
	84.804
	
29.26	84.777
	84.929
	84.928
	
29.27	84.787, subd. 1
	84.796
	84.795
	
29.28	84.788, subd. 9
	84.796
	84.795
	
29.29	84.791, subd. 4
	84.796
	84.795
	
29.30	84.794, subd. 2
	84.796
	84.795
	
29.31	84.795, subd. 8
	84.796
	84.795
	
29.32	84.797, subd. 1
	84.805
	84.804
	
29.33	84.798, subd. 8
	84.805
	84.804
	
29.34	84.804, subd. 6
	84.805
	84.804
	
30.1	84.92, subd. 1
	84.929
	84.928
	
30.2	84.922, subd. 9
	84.929
	84.928
	
30.3	84.925, subd. 3
	84.929
	84.928
	
30.4	84.9256, subd. 4
	84.929
	84.928
	
30.5	84.927, subd. 2
	84.929
	84.928
	
30.6	84.928, subd. 1
	84.929
	84.928
	
30.7	84.928, subd. 6
	84.929
	84.928

30.8 	Sec. 51. APPROPRIATION.
 30.9 	$20,000 is appropriated from the natural resources fund to the commissioner of 
30.10 	natural resources for the start-up costs of the off-highway vehicle administrative forfeiture 
30.11 	processes. Of this amount, $15,000 is from the all-terrain vehicle account; $3,000 is from 
30.12 	the off-highway motorcycle account; and $2,000 is from the off-road vehicle account. 
30.13 	This is a onetime appropriation.

30.14 	Sec. 52.  REPEALER.
 30.15 	(a) Minnesota Statutes 2008, sections 84.796; 84.805; 84.929; 85.0505, subdivision 
30.16 	2; 103B.101, subdivision 11; 103F.511, subdivision 4; and 103F.521, subdivision 2, are 
30.17 	repealed.
30.18 	(b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230; 
30.19 	8400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530; and 8400.3560, are repealed.

30.20 	ARTICLE 2
30.21 	GAME AND FISH POLICY

30.22 	Section 1. Minnesota Statutes 2008, section 13.7931, is amended by adding a 
30.23 	subdivision to read:
30.24 		Subd. 6.Electronic licensing system data. Data on individuals created, collected, 
30.25 	stored, or maintained by the department for the purposes of obtaining a noncommercial 
30.26 	game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker; 
30.27 	registering a recreational motor vehicle; or any other electronic licensing transaction are 
30.28 	classified under section 84.0874.

30.29 	EFFECTIVE DATE. This section is effective March 1, 2010.

30.30 	Sec. 2. Minnesota Statutes 2008, section 17.4981, is amended to read:
30.31 	17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC 
30.32 	FARMS.
31.1 	(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life 
31.2 	is not wildlife. Aquatic farms must be licensed and given classifications to prevent or 
31.3 	minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to: 
31.4 	(1) prevent public aquatic life from entering an aquatic farm;
31.5 	(2) prevent release of nonindigenous or exotic species into public waters without 
31.6 	approval of the commissioner;
31.7 	(3) protect against release of disease pathogens to public waters;
31.8 	(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
31.9 	(5) protect private aquatic life from unauthorized taking or harvest.
31.10 	(b) Private aquatic life that is legally acquired and possessed is an article of interstate 
31.11 	commerce and may be restricted only as necessary to protect state fish and water resources.
31.12 	(c) The commissioner of natural resources shall establish license and other fees as 
31.13 	provided in section 16A.1285, subdivision 2, that would make aquaculture licensing 
31.14 	and enforcement self-sustaining. Notwithstanding section 16A.1283, the commissioner 
31.15 	may, by written order published in the State Register, establish the fees required by this 
31.16 	section. The fees are not subject to the rulemaking provisions of chapter 14, and section 
31.17 	14.386 does not apply. The commissioner shall develop best management practices for 
31.18 	aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for 
31.19 	aquaculture, including, but not limited to, fish farming in man-made ponds.

31.20 	Sec. 3. Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read:
31.21 		Subd. 3.Inspection and additional fees. Notwithstanding section 16A.1283, the 
31.22 	commissioner may, by written order published in the State Register, establish fees for the 
31.23 	services listed in clauses (1) to (3) and the additional fee required under subdivision 2, 
31.24 	paragraph (a). The fees must be set in an amount that does not recover significantly more 
31.25 	or less than the cost of providing the service. The fees are not subject to the rulemaking 
31.26 	provisions of chapter 14 and section 14.386 does not apply. The services covered under 
31.27 	this provision include:
31.28 	(1) initial inspection of each water to be licensed;
31.29 	(2) fish health inspection and certification, including initial tissue sample collection, 
31.30 	basic fish health assessment, viral pathogen testing, and bacteriological testing; and
31.31 	(3) initial inspection for containment and quarantine facility inspections.

31.32 	Sec. 4. [84.0874] ELECTRONIC LICENSING SYSTEM DATA.
31.33 	 The following data created, collected, stored, or maintained by the department for 
31.34 	purposes of obtaining a noncommercial game and fish license, cross-country ski pass, 
32.1 	horse trail pass, or snowmobile trail sticker; registering a recreational motor vehicle; or 
32.2 	any other electronic licensing transaction are private data on individuals as defined in 
32.3 	section 13.02, subdivision 12: name, addresses, driver's license number, and date of 
32.4 	birth. The data may be disclosed for law enforcement purposes. The data, other than the 
32.5 	driver's license number, may be disclosed to a government entity and for natural resources 
32.6 	management purposes, including recruitment, retention, and training certification and 
32.7 	verification.

32.8 	EFFECTIVE DATE. This section is effective March 1, 2010.

32.9 	Sec. 5. Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read:
32.10 		Subd. 11.Refunds. The commissioner may issue a refund on a registration, not 
32.11 	including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027, 
32.12 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
32.13 	months 60 days of the original registration, the registration is not used or transferred, and:
32.14 	(1) the off-highway motorcycle was registered incorrectly by the commissioner 
32.15 	or the deputy registrar; or
32.16 	(2) the off-highway motorcycle was registered twice, once by the dealer and once by 
32.17 	the customer.

32.18 	Sec. 6. Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read:
32.19 		Subd. 10.Refunds. The commissioner may issue a refund on a registration, not 
32.20 	including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027, 
32.21 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
32.22 	months 60 days of the original registration and the vehicle was registered incorrectly by 
32.23 	the commissioner or the deputy registrar., the registration is not used or transferred, and:
32.24 	(1) the off-road vehicle was registered incorrectly; or
32.25 	(2) the off-road vehicle was registered twice, once by the dealer and once by the 
32.26 	customer.

32.27 	Sec. 7. Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read:
32.28 		Subd. 11.Refunds. The commissioner may issue a refund on a registration, not 
32.29 	including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, 
32.30 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
32.31 	months 60 days of the original registration, the registration is not used or transferred, and:
32.32 	(1) the snowmobile was registered incorrectly by the commissioner or the deputy 
32.33 	registrar; or
33.1 	(2) the snowmobile was registered twice, once by the dealer and once by the 
33.2 	customer.

33.3 	Sec. 8. Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read:
33.4 		Subd. 12.Refunds. The commissioner may issue a refund on a registration, not 
33.5 	including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, 
33.6 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
33.7 	months 60 days of the original registration, the registration is not used or transferred, and:
33.8 	(1) the vehicle was registered incorrectly by the commissioner or the deputy 
33.9 	registrar; or
33.10 	(2) the vehicle was registered twice, once by the dealer and once by the customer.

33.11 	Sec. 9. Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read:
33.12 		Subd. 11.Refunds. The commissioner may issue a refund on a license or title, not 
33.13 	including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15, 
33.14 	paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request 
33.15 	is received within 12 months 60 days of the original license or title, the license or title 
33.16 	is not used or transferred, and:
33.17 	(1) the watercraft was licensed or titled incorrectly by the commissioner or the 
33.18 	deputy registrar;
33.19 	(2) the customer was incorrectly charged a title fee; or
33.20 	(3) the watercraft was licensed or titled twice, once by the dealer and once by the 
33.21 	customer.

33.22 	Sec. 10. Minnesota Statutes 2008, section 97A.015, is amended by adding a 
33.23 	subdivision to read:
33.24 		Subd. 3b.Bow fishing. "Bow fishing" means taking rough fish by archery where 
33.25 	the arrows are tethered or controlled by an attached line.

33.26 	Sec. 11. Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read:
33.27 		Subd. 2.Summary of fish and game laws. (a) The commissioner shall prepare a 
33.28 	summary of the hunting and fishing laws and rules and deliver a sufficient supply to 
33.29 	county auditors license vendors to furnish one copy to each person obtaining a hunting, 
33.30 	fishing, or trapping license.
33.31 	(b) At the beginning of the summary, under the heading "Trespass," the 
33.32 	commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945, 
34.1 	state that conservation officers and peace officers must enforce the trespass laws, and 
34.2 	state the penalties for trespassing. 
34.3 	(c) In the summary the commissioner shall, under the heading "Duty to Render Aid," 
34.4 	summarize the requirements under section 609.662 and state the penalties for failure to 
34.5 	render aid to a person injured by gunshot. 

34.6 	Sec. 12. Minnesota Statutes 2008, section 97A.075, subdivision 1, is amended to read:
34.7 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this 
34.8 	subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, 
34.9 	clauses (5), (6), (7), (11), (13), (14), and (15), (16), and (17), and 3, clauses (2), (3), (4), 
34.10 	(9) (10), (11), and (12), and (13), and licenses issued under section 97B.301, subdivision 4. 
34.11 	(b) $2 from each annual deer license and $2 annually from the lifetime fish and 
34.12 	wildlife trust fund, established in section 97A.4742, for each license issued under section 
34.13 	97A.473, subdivision 4, shall be credited to the deer management account and shall be 
34.14 	used for deer habitat improvement or deer management programs. 
34.15 	(c) $1 from each annual deer license and each bear license and $1 annually from 
34.16 	the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license 
34.17 	issued under section 97A.473, subdivision 4, shall be credited to the deer and bear 
34.18 	management account and shall be used for deer and bear management programs, including 
34.19 	a computerized licensing system. 
34.20 	(d) Fifty cents from each deer license is credited to the emergency deer feeding 
34.21 	and wild cervidae health management account and is appropriated for emergency deer 
34.22 	feeding and wild cervidae health management. Money appropriated for emergency 
34.23 	deer feeding and wild cervidae health management is available until expended. When 
34.24 	the unencumbered balance in the appropriation for emergency deer feeding and wild 
34.25 	cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first 
34.26 	time, $750,000 is canceled to the unappropriated balance of the game and fish fund. 
34.27 	The commissioner must inform the legislative chairs of the natural resources finance 
34.28 	committees every two years on how the money for emergency deer feeding and wild 
34.29 	cervidae health management has been spent. 
34.30 	Thereafter, when the unencumbered balance in the appropriation for emergency deer 
34.31 	feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal 
34.32 	year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer 
34.33 	and bear management programs and computerized licensing.

34.34 	Sec. 13. Minnesota Statutes 2008, section 97A.075, subdivision 5, is amended to read:
35.1 		Subd. 5.Turkey account. (a) $4.50 from each turkey license sold, except youth 
35.2 	licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7),
35.3 	must be credited to the wild turkey management account. Money in the account may be 
35.4 	used only for:
35.5 	(1) the development, restoration, and maintenance of suitable habitat for wild 
35.6 	turkeys on public and private land including forest stand improvement and establishment 
35.7 	of nesting cover, winter roost area, and reliable food sources;
35.8 	(2) acquisitions of, or easements on, critical wild turkey habitat;
35.9 	(3) reimbursement of expenditures to provide wild turkey habitat on public and 
35.10 	private land;
35.11 	(4) trapping and transplantation of wild turkeys; and
35.12 	(5) the promotion of turkey habitat development and maintenance, population 
35.13 	surveys and monitoring, and research.
35.14 	(b) Money in the account may not be used for:
35.15 	(1) costs unless they are directly related to a specific parcel of land under paragraph 
35.16 	(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4), 
35.17 	or to specific promotional or evaluative activities under paragraph (a), clause (5); or
35.18 	(2) any permanent personnel costs.

35.19 	Sec. 14. Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read:
35.20 		Subd. 2.Waterfowl feeding and resting areas. The commissioner may, by rule, 
35.21 	designate any part of a lake as a migratory feeding and resting area. Before designation, 
35.22 	the commissioner must receive a petition signed by at least ten local resident licensed 
35.23 	hunters describing the area of a lake that is a substantial feeding or resting area for 
35.24 	migratory waterfowl, and find that the statements in the petition are correct, and that 
35.25 	adequate, free public access to the lake exists near the designated area. The commissioner 
35.26 	shall post the area as a migratory waterfowl feeding and resting area. Except as authorized 
35.27 	in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl 
35.28 	feeding and resting area, during a period when hunting of migratory waterfowl is allowed, 
35.29 	with watercraft or aircraft propelled by a motor, other than an electric motor of less than 
35.30 	30 pounds thrust with battery power of 12 volts or less. The commissioner may, by rule, 
35.31 	further restrict the use of electric motors in migratory waterfowl feeding and resting areas.

35.32 	Sec. 15. Minnesota Statutes 2008, section 97A.137, is amended by adding a 
35.33 	subdivision to read:
36.1 		Subd. 4.Exemption from certain local ordinances. (a) Except as provided in 
36.2 	paragraphs (c) and (d), wildlife management areas that are established according to section 
36.3 	86A.05, subdivision 8; designated under section 97A.133 or 97A.145; and 160 contiguous 
36.4 	acres or larger are exempt from local ordinances that limit the taking of game and fish or 
36.5 	vegetation management in the unit as authorized by state law.
36.6 	(b) Except as provided in paragraphs (c) and (d), wildlife management areas that 
36.7 	are established according to section 86A.05, subdivision 8; designated under section 
36.8 	97A.133 or 97A.145; and at least 40 contiguous acres and less than 160 contiguous acres 
36.9 	are exempt from local ordinances that:
36.10 	(1) restrict trapping;
36.11 	(2) restrict the discharge of archery equipment;
36.12 	(3) restrict the discharge of shotguns with shot sizes of F or .22 inch diameter or 
36.13 	smaller shot;
36.14 	(4) restrict noise;
36.15 	(5) require dogs on a leash; or
36.16 	(6) would in any manner restrict the management of vegetation in the unit as 
36.17 	authorized by state law.

36.18 	Sec. 16. Minnesota Statutes 2008, section 97A.137, is amended by adding a 
36.19 	subdivision to read:
36.20 		Subd. 5.Portable stands. Prior to the Saturday on or nearest September 16, a 
36.21 	portable stand may be left overnight in a wildlife management area by a person with a 
36.22 	valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged 
36.23 	and registered as prescribed under section 97B.425. Any person leaving a portable stand 
36.24 	overnight under this subdivision must affix the person's name and address to the stand in 
36.25 	such a manner that it can be read from the ground.

36.26 	Sec. 17. Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to read:
36.27 		Subd. 2.Shining. A person that violates section 97B.081, subdivision 1, relating to 
36.28 	the use of an artificial light to locate wild animals while in possession of a firearm, bow, or 
36.29 	other implement capable of killing big game is guilty of a gross misdemeanor.  

36.30 	Sec. 18. Minnesota Statutes 2008, section 97A.405, subdivision 4, is amended to read:
36.31 		Subd. 4.Replacement licenses. (a) The commissioner may permit licensed deer 
36.32 	hunters to change zone, license, or season options. The commissioner may issue a 
36.33 	replacement license if the applicant submits the original deer license and unused tags that 
37.1 	are being replaced and the applicant pays any increase in cost between the original and 
37.2 	the replacement license. A refund of the difference in fees may be issued when a person 
37.3 	changes from a regular deer license to a youth deer license. When a person submits both 
37.4 	an archery and a firearms license for replacement, the commissioner may apply the value 
37.5 	of both licenses towards the replacement license fee.
37.6 	(b) A replacement license may be issued only if the applicant has not used any 
37.7 	tag from the original license or licenses and meets the conditions of paragraph (c). The 
37.8 	original license or licenses and all unused tags for the licenses being replaced must be 
37.9 	submitted to the issuing agent at the time the replacement license is issued.
37.10 	(c) A replacement license may be issued under the following conditions, or as 
37.11 	otherwise prescribed by rule of the commissioner:
37.12 	(1) when the season for the license being surrendered has not yet opened; or
37.13 	(2) when the person is upgrading from a regular firearms or archery deer license to 
37.14 	an all season deer license;
37.15 	(3) when the person is upgrading from a regular firearms license to a multizone 
37.16 	deer license; or
37.17 	(4) when the person is changing from a regular firearms deer license to a youth 
37.18 	deer license.
37.19 	(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 
37.20 	immediately upon issuance if the license being surrendered is valid at that time.

37.21 	Sec. 19. Minnesota Statutes 2008, section 97A.421, subdivision 1, is amended to read:
37.22 		Subdivision 1.General. (a) The annual license of a person convicted of a violation 
37.23 	of the game and fish laws relating to the license or wild animals covered by the license 
37.24 	is void when:
37.25 	(1) a second conviction occurs within three years under a license to trap fur-bearing 
37.26 	animals, take small game or to take fish by angling or spearing;
37.27 	(2) a third conviction occurs within one year under a minnow dealer's license;
37.28 	(3) a second conviction occurs within three years for violations of section 97A.425
37.29 	that do not involve falsifications or intentional omissions of information required to be 
37.30 	recorded, or attempts to conceal unlawful acts within the records;  
37.31 	(4) two or more misdemeanor convictions occur within a three-year period under a 
37.32 	private fish hatchery license;
37.33 	(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is 
37.34 	for a violation of section 97A.425 not described in clause (3); or  
38.1 	(6) the conviction is related to assisting a person in the illegal taking, transportation, 
38.2 	or possession of wild animals, when acting as a hunting or angling guide.
38.3 	(b) Except for big game licenses and as otherwise provided in this section, for one 
38.4 	year after the conviction the person may not obtain the kind of license or take wild 
38.5 	animals under a lifetime license, issued under section 97A.473 or 97A.474, relating to 
38.6 	the game and fish law violation.  

38.7 	Sec. 20. Minnesota Statutes 2008, section 97A.441, subdivision 7, is amended to read:
38.8 		Subd. 7.Owners or tenants of agricultural land. (a) The commissioner may 
38.9 	issue, without a fee, a license to take an antlerless deer to a resident who is an owner or 
38.10 	tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, as 
38.11 	defined in section 97B.001, in deer permit areas that have deer archery licenses to take 
38.12 	additional deer under section 97B.301, subdivision 4. A person may receive only one 
38.13 	license per year under this subdivision. For properties with co-owners or cotenants, only 
38.14 	one co-owner or cotenant may receive a license under this subdivision per year. The 
38.15 	license issued under this subdivision is restricted to land leased for agricultural purposes 
38.16 	or owned by the holder of the license within the permit area where the qualifying land 
38.17 	is located. The holder of the license may transfer the license to the holder's spouse or 
38.18 	dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 
38.19 	2, the holder of the license may purchase an additional license for taking deer and may 
38.20 	take an additional deer under that license.
38.21 	(b) A person who obtains a license under paragraph (a) must allow public deer 
38.22 	hunting on their land during that deer hunting season, with the exception of the first 
38.23 	Saturday and Sunday during the deer hunting season applicable to the license issued under 
38.24 	section 97A.475, subdivision 2, clauses (4) and (13) clause (5).

38.25 	Sec. 21. Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read:
38.26 		Subdivision 1.Angling; Take a Kid Fishing Weekends. A resident over age 18 age 
38.27 	16 years or older may take fish by angling without an angling or fish house license during 
38.28 	one three-day consecutive period of the open water angling season and one three-day 
38.29 	consecutive period of the ice angling season designated by rule of the commissioner 
38.30 	if accompanied by a child who is under age 16. The commissioner shall publicize the 
38.31 	three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and 
38.32 	"Take a Kid Ice Fishing Weekend" for the ice angling season.

39.1 	Sec. 22. Minnesota Statutes 2008, section 97A.445, is amended by adding a 
39.2 	subdivision to read:
39.3 		Subd. 1a.Angling in a state park. A resident may take fish by angling without 
39.4 	an angling license when shore fishing or wading on state-owned land within a state park. 
39.5 	When angling from a boat or float, this subdivision applies only to those water bodies 
39.6 	completely encompassed within the statutory boundary of the state park. The exemption 
39.7 	from an angling license does not apply to waters where a trout stamp is required.

39.8 	Sec. 23. Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read:
39.9 		Subd. 2.Residents under age 16; fishing. (a) A resident under the age of 16 years 
39.10 	may take fish without a license.
39.11 	(b) A resident under the age of 16 may net ciscoes and whitefish for personal 
39.12 	consumption without the license required under section 97A.475, subdivision 13. A 
39.13 	resident netting ciscoes and whitefish under this paragraph must follow all other applicable 
39.14 	requirements for netting ciscoes and whitefish for personal consumption.

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

39.16 	Sec. 24. Minnesota Statutes 2008, section 97A.451, is amended by adding a 
39.17 	subdivision to read:
39.18 		Subd. 8.Residents 90 years of age or older; fishing. A resident age 90 or older 
39.19 	may take fish without a license.

39.20 	Sec. 25. Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read:
39.21 		Subd. 1b.Residents discharged from active service. (a) A resident who has served 
39.22 	at any time during the preceding 24 months in federal active service, as defined in section 
39.23 	190.05, subdivision 5c, outside the United States as a member of the National Guard, or as 
39.24 	a reserve component or active duty member of the United States armed forces and has 
39.25 	been discharged from active service may take small game and fish without a license if the 
39.26 	resident possesses official military discharge papers. The resident must obtain the seals, 
39.27 	tags, and coupons required of a licensee, which must be furnished without charge.
39.28 	(b) The commissioner shall issue, without fee, a deer license, valid for a deer of 
39.29 	either sex, to a resident who has served at any time during the preceding 24 months in 
39.30 	federal active service, as defined in section 190.05, subdivision 5c, outside the United 
39.31 	States as a member of the National Guard, or as a reserve component or active duty 
39.32 	member of the United States armed forces and has been discharged from active service. 
39.33 	Eligibility under this paragraph is limited to one license per resident.

40.1 	Sec. 26. Minnesota Statutes 2008, section 97A.473, subdivision 1, is amended to read:
40.2 		Subdivision 1.Resident lifetime licenses authorized. (a) The commissioner may 
40.3 	issue a lifetime angling license, a lifetime spearing license, a lifetime angling and spearing 
40.4 	license, a lifetime small game hunting license, a lifetime firearm or archery deer hunting 
40.5 	license, or a lifetime sporting license or a lifetime sporting with spearing option license to 
40.6 	a person who is a resident of the state for at least one year or who is under age 21 and the 
40.7 	child of a person who is a resident of the state for at least one year. The license fees paid 
40.8 	for a lifetime license are nonrefundable.
40.9 	(b) The commissioner may require the holder of a lifetime license issued under this 
40.10 	section to notify the department each year that the license is used, by:
40.11 	(1) telephone or Internet notification, as specified by the commissioner;
40.12 	(2) the purchase of stamps for the license; or
40.13 	(3) registration and tag issuance, in the case of the resident lifetime deer license.

40.14 	Sec. 27. Minnesota Statutes 2008, section 97A.473, is amended by adding a 
40.15 	subdivision to read:
40.16 		Subd. 2a.Lifetime spearing license; fee. (a) A resident lifetime spearing license 
40.17 	authorizes a person to take fish by spearing in the state. The license authorizes those 
40.18 	activities authorized by the annual resident spearing license.
40.19 	(b) The fees for a resident lifetime spearing license are:
40.20 	(1) age 3 and under, $258;
40.21 	(2) age 4 to age 15, $320;
40.22 	(3) age 16 to age 50, $372; and
40.23 	(4) age 51 and over, $173.

40.24 	Sec. 28. Minnesota Statutes 2008, section 97A.473, is amended by adding a 
40.25 	subdivision to read:
40.26 		Subd. 2b.Lifetime angling and spearing license; fee. (a) A resident lifetime 
40.27 	angling and spearing license authorizes a person to take fish by angling or spearing in the 
40.28 	state. The license authorizes those activities authorized by the annual resident angling 
40.29 	and spearing licenses.
40.30 	(b) The fees for a resident lifetime angling and spearing license are:
40.31 	(1) age 3 and under, $485;
40.32 	(2) age 4 to age 15, $620;
40.33 	(3) age 16 to age 50, $755; and
40.34 	(4) age 51 and over, $376.

41.1 	Sec. 29. Minnesota Statutes 2008, section 97A.473, is amended by adding a 
41.2 	subdivision to read:
41.3 		Subd. 5a.Lifetime sporting with spearing option license; fee. (a) A resident 
41.4 	lifetime sporting with spearing option license authorizes a person to take fish by angling 
41.5 	or spearing and hunt and trap small game in the state. The license authorizes those 
41.6 	activities authorized by the annual resident angling, spearing, resident small game hunting, 
41.7 	and resident trapping licenses. The license does not include a trout and salmon stamp 
41.8 	validation, a turkey stamp validation, a walleye stamp validation, or any other hunting 
41.9 	stamps required by law.
41.10 	(b) The fees for a resident lifetime sporting with spearing option license are:
41.11 	(1) age 3 and under, $615;
41.12 	(2) age 4 to age 15, $800;
41.13 	(3) age 16 to age 50, $985; and
41.14 	(4) age 51 and over, $586.

41.15 	Sec. 30. Minnesota Statutes 2008, section 97A.4742, subdivision 1, is amended to read:
41.16 		Subdivision 1.Establishment; purpose. The lifetime fish and wildlife trust fund 
41.17 	is established as a fund in the state treasury. All money received from the issuance of 
41.18 	lifetime angling, spearing, angling and spearing, small game hunting, deer hunting, and
41.19 	sporting, and sporting with spearing option licenses and earnings on the fund shall be 
41.20 	credited to the lifetime fish and wildlife trust fund.

41.21 	Sec. 31. Minnesota Statutes 2008, section 97A.475, subdivision 2, is amended to read:
41.22 		Subd. 2.Resident hunting. Fees for the following licenses, to be issued to residents 
41.23 	only, are:
41.24 	(1) for persons age 18 or over and under age 65 to take small game, $12.50;
41.25 	(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
41.26 	(3) for persons age 18 or over to take turkey, $23;
41.27 	(4) for persons under age 18 to take turkey, $12;
41.28 	(5) for persons age 18 or over to take deer with firearms during the regular firearms 
41.29 	season, $26;
41.30 	(6) for persons age 18 or over to take deer by archery, $26;
41.31 	(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 
41.32 	season, $26;
41.33 	(8) to take moose, for a party of not more than six persons, $310;
41.34 	(9) to take bear, $38;
42.1 	(10) to take elk, for a party of not more than two persons, $250;
42.2 	(11) multizone license to take antlered deer in more than one zone, $52;
42.3 	(12) to take Canada geese during a special season, $4;
42.4 	(13) all season license to take three deer throughout the state in any open deer 
42.5 	season, except as restricted under section 97B.305, $78;
42.6 	(14) (12) to take prairie chickens, $20;
42.7 	(15) (13) for persons under age 18 to take deer with firearms during the regular 
42.8 	firearms season, $13; 
42.9 	(16) (14) for persons under age 18 to take deer by archery, $13; and
42.10 	(17) (15) for persons under age 18 to take deer by muzzleloader during the 
42.11 	muzzleloader season, $13.

42.12 	Sec. 32. Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read:
42.13 		Subd. 3.Nonresident hunting. (a) Fees for the following licenses, to be issued 
42.14 	to nonresidents, are:
42.15 	(1) for persons age 18 or over to take small game, $73;
42.16 	(2) for persons age 18 or over to take deer with firearms during the regular firearms 
42.17 	season, $135;
42.18 	(3) for persons age 18 or over to take deer by archery, $135;
42.19 	(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 
42.20 	season, $135;
42.21 	(5) to take bear, $195;
42.22 	(6) for persons age 18 and older to take turkey, $78;
42.23 	(7) for persons under age 18 to take turkey, $12;
42.24 	(8) to take raccoon or bobcat, $155;
42.25 	(9) multizone license to take antlered deer in more than one zone, $270;
42.26 	(10) to take Canada geese during a special season, $4;
42.27 	(11)(10)  for persons under age 18 to take deer with firearms during the regular 
42.28 	firearms season in any open season option or time period, $13; 
42.29 	(12)(11)  for persons under age 18 to take deer by archery, $13; and
42.30 	(13)(12)  for persons under age 18 to take deer during the muzzleloader season, $13.
42.31 	(b) A $5 surcharge shall be added to nonresident hunting licenses issued under 
42.32 	paragraph (a), clauses (1) to (9)(8). An additional commission may not be assessed 
42.33 	on this surcharge.

42.34 	Sec. 33. Minnesota Statutes 2008, section 97A.475, subdivision 7, is amended to read:
43.1 		Subd. 7.Nonresident fishing. (a) Fees for the following licenses, to be issued 
43.2 	to nonresidents, are:
43.3 	(1) to take fish by angling, $37.50;
43.4 	(2) to take fish by angling limited to seven consecutive days selected by the licensee, 
43.5 	$26.50;
43.6 	(3) to take fish by angling for a 72-hour period selected by the licensee, $22;
43.7 	(4) to take fish by angling for a combined license for a family for one or both parents 
43.8 	and dependent children under the age of 16, $50.50;
43.9 	(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
43.10 	(6) to take fish by angling for a combined license for a married couple, limited to 14 
43.11 	consecutive days selected by one of the licensees, $38.50.; and
43.12 	(7) to take fish by spearing from a dark house, $37.50.
43.13 	(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 
43.14 	issued under paragraph (a), clause (5). An additional commission may not be assessed 
43.15 	on this surcharge.

43.16 	Sec. 34. Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read:
43.17 		Subd. 11.Fish houses and, dark houses, and shelters; residents. Fees for the 
43.18 	following licenses are:
43.19 	(1) annual for a fish house or, dark house, or shelter that is not rented, $11.50; 
43.20 	(2) annual for a fish house or, dark house, or shelter that is rented, $26;
43.21 	(3) three-year for a fish house or, dark house, or shelter that is not rented, $34.50; and
43.22 	(4) three-year for a fish house or, dark house, or shelter that is rented, $78.

43.23 	Sec. 35. Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read:
43.24 		Subd. 12.Fish houses, dark houses, and shelters; nonresident. Fees for fish 
43.25 	house, dark house, and shelter licenses for a nonresident are:
43.26 	(1) annual, $33; 
43.27 	(2) seven consecutive days, $19; and
43.28 	(3) three-year, $99.

43.29 	Sec. 36. Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read:
43.30 		Subd. 29.Private fish hatcheries. The fees for the following licenses to be issued 
43.31 	to residents and nonresidents are:
43.32 	(1) for a private fish hatchery, with annual sales under $200, $70;
44.1 	(2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base 
44.2 	license. The commissioner must establish an additional fee based on the acreage of the 
44.3 	operation. Notwithstanding section 16A.1283, the commissioner may, by written order 
44.4 	published in the State Register, establish the additional fee required by this subdivision. 
44.5 	The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 
44.6 	does not apply; and
44.7 	(3) to take sucker eggs from public waters for a private fish hatchery, $400, plus 
44.8 	$6 for each quart in excess of 100 quarts.

44.9 	Sec. 37. Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read:
44.10 		Subdivision 1.Residents Generally. A residentperson may transport wild animals 
44.11 	within the state by common carrier without being in the vehicle if the residentperson 
44.12 	has the license required to take the animals and they are shipped to the resident.The 
44.13 	wild animals that may be transported by common carrier are: person or to a licensed 
44.14 	taxidermist, tanner, or fur buyer.
44.15 	(1) deer, bear, elk, and moose;
44.16 	(2) undressed game birds; and
44.17 	(3) fish.

44.18 	Sec. 38. Minnesota Statutes 2008, section 97B.035, subdivision 2, is amended to read:
44.19 		Subd. 2.Possession of crossbows. A person may not possess a crossbow outdoors
44.20 	or in a motor vehicle during the open season for any game, unless the crossbow is unstrung, 
44.21 	and in a case or in a closed trunk of a motor vehiclenot armed with a bolt or arrow.

44.22 	Sec. 39. Minnesota Statutes 2008, section 97B.045, subdivision 2, is amended to read:
44.23 		Subd. 2.Exception for disabled persons. The restrictions in subdivision 1 do 
44.24 	not apply to a disabled person if:
44.25 	(1) the person possesses a permit under section 97B.055, subdivision 3; and
44.26 	(2) the person is participating in a hunt sponsored by a nonprofit organization under a 
44.27 	permit from the commissioner or is hunting on property owned or leased by the person; and
44.28 	(3) (2) the firearm is not loaded in the chamber until the vehicle is stationary, or is a 
44.29 	hinge action firearm with the action open until the vehicle is stationary.

44.30 	Sec. 40. Minnesota Statutes 2008, section 97B.045, is amended by adding a 
44.31 	subdivision to read:
45.1 		Subd. 3.Exceptions; hunting and shooting ranges. (a) Notwithstanding 
45.2 	provisions to the contrary under this chapter, a person may transport an unloaded, uncased 
45.3 	firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a 
45.4 	shooting range, as defined under section 87A.01, subdivision 3, where the person has 
45.5 	received permission from the lawful owner or possessor to discharge firearms; lawfully 
45.6 	hunting on private or public land; or travelling to or from a site the person intends to hunt 
45.7 	lawfully that day or has hunted lawfully that day, unless:
45.8 	(1) within Anoka, Hennepin, or Ramsey county;
45.9 	(2) within an area where the discharge of a firearm has been prohibited under section 
45.10 	471.633;
45.11 	(3) within the boundaries of a home rule charter or statutory city with a population 
45.12 	of 2,500 or more;
45.13 	(4) on school grounds; or
45.14 	(5) otherwise restricted under section 97A.091, 97B.081, or 97B.086.
45.15 	(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired 
45.16 	by the use of a single hand and with an overall length less than 26 inches, or having a 
45.17 	barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel 
45.18 	of a length less than 16 inches in the case of a rifle:
45.19 	(1) from which may be fired or ejected one or more solid projectiles by means 
45.20 	of a cartridge or shell or by the action of an explosive or the igniting of flammable or 
45.21 	explosive substances; or
45.22 	(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or 
45.23 	other gas, or vapor.
45.24 	Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less, 
45.25 	in diameter and commonly known as a "BB gun," a scuba gun, a stud gun, or nail gun 
45.26 	used in the construction industry or children's pop guns or toys.

45.27 	Sec. 41. Minnesota Statutes 2008, section 97B.051, is amended to read:
45.28 	97B.051 TRANSPORTATION OF ARCHERY BOWS.
45.29 	Except as specified under section 97B.055, subdivision 2, a person may not transport 
45.30 	an archery bow in a motor vehicle unless the bow is: not armed with a bolt or arrow.
45.31 	(1) unstrung;
45.32 	(2) completely contained in a case; or
45.33 	(3) in the closed trunk or rear-most enclosed portion of a motor vehicle that is not 
45.34 	accessible from the passenger compartment.

46.1 	Sec. 42. Minnesota Statutes 2008, section 97B.055, subdivision 3, is amended to read:
46.2 		Subd. 3.Hunting from vehicle by disabled hunters. (a) The commissioner may 
46.3 	issue a special permit, without a fee, to discharge a firearm or bow and arrow from a 
46.4 	stationary motor vehicle to a person who obtains the required licenses and who has a 
46.5 	permanent physical disability that is more substantial than discomfort from walking. The 
46.6 	permit recipient must be:
46.7 	(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or 
46.8 	other mechanical support or prosthetic device; or
46.9 	(2) unable to walk any distance because of a permanent lung, heart, or other internal 
46.10 	disease that requires the person to use supplemental oxygen to assist breathing.
46.11 	(b) The permanent physical disability must be established by medical evidence 
46.12 	verified in writing by a licensed physician or chiropractor. The commissioner may 
46.13 	request additional information from the physician or chiropractor if needed to verify the 
46.14 	applicant's eligibility for the permit. Notwithstanding section 97A.418, the commissioner 
46.15 	may, in consultation with appropriate advocacy groups, establish reasonable minimum 
46.16 	standards for permits to be issued under this section. In addition to providing the medical 
46.17 	evidence of a permanent disability, the applicant must possess a valid disability parking 
46.18 	certificate authorized by section 169.345 or license plates issued under section 168.021.  
46.19 	(c) A person issued a special permit under this subdivision and hunting deer may 
46.20 	take a deer of either sex, except in those antlerless permit areas and seasons where no 
46.21 	antlerless permits are offered. This subdivision does not authorize another member of a 
46.22 	party to take an antlerless deer under section 97B.301, subdivision 3.  
46.23 	(d) A permit issued under this subdivision is valid for five years.
46.24 	(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 
46.25 	this section for cause, including a violation of the game and fish laws or rules.
46.26 	(f) A person who knowingly makes a false application or assists another in making a 
46.27 	false application for a permit under this section is guilty of a misdemeanor. A physician or 
46.28 	chiropractor who fraudulently certifies to the commissioner that a person is permanently 
46.29 	disabled as described in this section is guilty of a misdemeanor.
46.30 	(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for 
46.31 	the entire life of the applicant if the commissioner determines that there is no chance 
46.32 	that an applicant will become ineligible for a permit under this section and the applicant 
46.33 	requests a lifetime permit.

46.34 	Sec. 43. Minnesota Statutes 2008, section 97B.081, is amended to read:
46.35 	97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.
47.1 		Subdivision 1.With firearms and bows implements to take wild animals. (a)
47.2 	Except as provided in subdivision 3, a person may not cast the rays of a spotlight, 
47.3 	headlight, or other artificial light on a highway, or in a field, woodland, or forest, to spot, 
47.4 	locate, or take a wild animal, except while taking raccoons in accordance with section 
47.5 	97B.621, subdivision 3, or tending traps in accordance with section 97B.931, while 
47.6 	having in possession, either individually or as one of a group of persons, a firearm, bow, 
47.7 	or other implement that could be used to kill take big game, small game, or unprotected 
47.8 	wild animals. 
47.9 	(b) This subdivision does not apply to a firearm that is:
47.10 	(1) unloaded;
47.11 	(2) in a gun case expressly made to contain a firearm that fully encloses the firearm 
47.12 	by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of 
47.13 	the firearm exposed; and
47.14 	(3) in the closed trunk of a motor vehicle.
47.15 	(c) This subdivision does not apply to a bow that is:
47.16 	(1) completely encased or unstrung; and
47.17 	(2) in the closed trunk of a motor vehicle.
47.18 	(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm 
47.19 	or bow must be placed in the rearmost location of the vehicle.
47.20 	(e) This subdivision does not apply to persons taking raccoons under section 
47.21 	97B.621, subdivision 3. 
47.22 	(f) This subdivision does not apply to a person hunting fox or coyote from January 1 
47.23 	to March 15 while using a handheld artificial light, provided that the person:
47.24 	(1) is on foot;
47.25 	(2) is using a shotgun;
47.26 	(3) is not within a public road right-of-way;
47.27 	(4) is using a handheld or electronic calling device; and
47.28 	(5) is not within 200 feet of a motor vehicle.
47.29 		Subd. 2.Without firearms implements to take wild animals. (a) Between the 
47.30 	hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31, Except as provided 
47.31 	in subdivision 3, from two hours after sunset until sunrise, a person may not cast the rays 
47.32 	of a spotlight, headlight, or other artificial light on a highway, or in a field, woodland, 
47.33 	or forest to spot, or locate, or take a wild animal except to take raccoons under section 
47.34 	97B.621, subdivision 3, or to tend traps under section 97B.931. 
47.35 	(b) Between one-half hour after sunset until sunrise, Except as provided in 
47.36 	subdivision 3, a person may not cast the rays of a spotlight, headlight, or other artificial 
48.1 	light to spot, locate, or take a wild animal on fenced, agricultural land containing 
48.2 	livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs 
48.3 	prohibiting the shining of lights. The signs must:
48.4 	(1) display reflectorized letters that are at least two inches in height and state "no 
48.5 	shining" or similar terms; and
48.6 	(2) be placed at intervals of 1,000 feet or less along the boundary of the area.
48.7 	(c) It is not a violation of paragraph (a) or (b) for a person to carry out any 
48.8 	agricultural, occupational, or recreational practice, including snowmobiling that is not 
48.9 	related to spotting, locating, or taking a wild animal.
48.10 	(d) Between the hours of 6:00 p.m. and 6:00 a.m. (c) Except as provided in 
48.11 	subdivision 3, a person may not project a spotlight or handheld cast an artificial light onto 
48.12 	residential property or building sites from a moving motor vehicle being operated on 
48.13 	land, except for the following purposes:
48.14 	(1) safety;
48.15 	(2) emergency response;
48.16 	(3) normal vehicle operations; or
48.17 	(4) performing an occupational duty.
48.18 	(d) Except as provided in subdivision 3, a person may not at any time cast the rays of 
48.19 	a spotlight, headlight, or other artificial light onto property posted with signs prohibiting 
48.20 	the shining of lights onto the property. When signs are posted, the signs shall display 
48.21 	letters that are at least two inches in height and state "no shining" or similar terms and 
48.22 	shall be placed at intervals of 500 feet or less along the boundary of the property.
48.23 		Subd. 3.Exceptions. (a) It is not a violation of this section for a person to:
48.24 	(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons 
48.25 	according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
48.26 	(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial 
48.27 	light, provided that the person is:
48.28 	(i) on foot;
48.29 	(ii) using a shotgun;
48.30 	(iii) not within a public road right-of-way;
48.31 	(iv) using a handheld or electronic calling device; and 
48.32 	(v) not within 200 feet of a motor vehicle; or
48.33 	(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game 
48.34 	animals, provided that the person is:
48.35 	(i) on foot; and
48.36 	(ii) not in possession of a firearm or bow.
49.1 	(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, 
49.2 	headlight, or other artificial light to:
49.3 	(1) carry out any agricultural, safety, emergency response, normal vehicle operation, 
49.4 	or occupational-related activities that do not involve taking wild animals; or
49.5 	(2) carry out outdoor recreation as defined in section 97B.001 that is not related to 
49.6 	spotting, locating, or taking a wild animal.

49.7 	Sec. 44. Minnesota Statutes 2008, section 97B.086, is amended to read:
49.8 	97B.086 POSSESSION OF NIGHT VISION EQUIPMENT.
49.9 	(a) A person may not possess night vision goggle equipment while taking wild 
49.10 	animals or while having in possession, either individually or as one of a group of persons, 
49.11 	a firearm, bow, or other implement that could be used to take wild animals.
49.12 	(b) This section does not apply to a firearm that is:
49.13 	(1) unloaded;
49.14 	(2) in a gun case expressly made to contain a firearm that fully encloses the firearm 
49.15 	by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of 
49.16 	the firearm exposed; and
49.17 	(3) in the closed trunk of a motor vehicle.
49.18 	(c) This section does not apply to a bow that is:
49.19 	(1) completely encased or unstrung; and
49.20 	(2) in the closed trunk of a motor vehicle.
49.21 	(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm 
49.22 	or bow must be placed in the rearmost location of the vehicle.
49.23 	(e) This section does not apply to night vision goggle equipment possessed by peace 
49.24 	officers or military personnel while exercising their duties.

49.25 	Sec. 45. Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read:
49.26 		Subdivision 1.Establishment; requirements. The commissioner may establish 
49.27 	criteria, special seasons, and limits for persons who have a physical disability to take big 
49.28 	game and small game with firearms and by archery in designated areas. A person hunting 
49.29 	under this section who has a physical disability must have a verified statement of the 
49.30 	disability by a licensed physician and must be participating in a program for physically 
49.31 	disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 
49.32 	2. Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt 
49.33 	participants to shoot from a stationary motor vehicle. A license is not required for a person 
49.34 	to assist a physically disabled person hunting during a special season under this section.

50.1 	Sec. 46. Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read:
50.2 		Subd. 3.Definition. For purposes of this section, "bait or feed" includes grains, 
50.3 	fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer 
50.4 	and that has been placed by a person. Liquid scents, salt, and minerals, and bird feeders 
50.5 	containing grains or nuts that are at least six feet above the ground are not bait or feed. 
50.6 	Food that has not been placed by a person and resulting from normal or accepted farming, 
50.7 	forest management, wildlife food plantings, orchard management, or other similar land 
50.8 	management activities is not bait or feed.

50.9 	Sec. 47. Minnesota Statutes 2008, section 97B.651, is amended to read:
50.10 	97B.651 UNPROTECTED MAMMALS AND BIRDS.
50.11 		Subdivision 1.Taking unprotected mammals and birds. Mammals that are 
50.12 	unprotected wild animals and unprotected birds may be taken at any time and in any 
50.13 	manner, except with artificial lights, or by using a motor vehicle in violation of section 
50.14 	97B.091. Poison may not be used to take unprotected mammals or unprotected birds 
50.15 	unless the safety of humans and domestic livestock is ensured. Unprotected mammals and 
50.16 	unprotected birds may be possessed, bought, sold, or transported in any quantity, except 
50.17 	importation or exportation is restricted as provided in subdivision 2. 
50.18 		Subd. 2.Importing and exporting live coyotes. A person may not export a live 
50.19 	coyote out of the state or import a live coyote into the state unless authorized under a 
50.20 	permit from the commissioner.

50.21 	Sec. 48. Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read:
50.22 		Subd. 2.Hours for placing decoys. Except as provided in subdivisions 3 and 4, a 
50.23 	person may not place decoys in public waters or on public lands more than one hour two 
50.24 	hours before lawful shooting hours for waterfowl.

50.25 	Sec. 49. Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read:
50.26 		Subd. 3.Restrictions on leaving decoys unattended. During the open season for 
50.27 	waterfowl, a person may not leave decoys in public waters between sunset and one hour
50.28 	two hours before lawful shooting hours or leave decoys unattended during other times for 
50.29 	more than four three consecutive hours unless:
50.30 	(1) the decoys are in waters adjacent to private land under the control of the hunter; 
50.31 	and
50.32 	(2) there is not natural vegetation growing in water sufficient to partially conceal 
50.33 	a hunter.

51.1 	Sec. 50. Minnesota Statutes 2008, section 97B.931, subdivision 1, is amended to read:
51.2 		Subdivision 1.Restrictions. A person may not tend a trap set for wild animals 
51.3 	between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot 
51.4 	may use a portable artificial light to tend traps. While using a light in the field, the person 
51.5 	may not possess or use a firearm other than a handgun or rifle capable of firing only 
51.6 	rimfire cartridges of .17 or .22 caliber including .22 magnum.

51.7 	Sec. 51. Minnesota Statutes 2008, section 97C.081, subdivision 2, is amended to read:
51.8 		Subd. 2.Contests without a permit. A person may conduct a fishing contest 
51.9 	without a permit from the commissioner provided:
51.10 	(1) the following criteria are met:
51.11 	(i) there are 30 participants 25 boats or less for open water contests and 150 
51.12 	participants or less for ice fishing contests;
51.13 	(ii) the entry fee is $25 per person or less;
51.14 	(iii) the total prize value is $25,000 or less; and
51.15 	(iv) the contest is not limited to trout species only;
51.16 	(2) the following criteria are met:
51.17 	(i) the contest is not limited to specifically named waters; and
51.18 	(ii) the contest is not limited to trout species only; or
51.19 	(3) all the contest participants are age 18 years or under;
51.20 	(4) the contest is limited to rough fish; or
51.21 	(5) the total prize value is $500 or less.

51.22 	Sec. 52. Minnesota Statutes 2008, section 97C.081, subdivision 3, is amended to read:
51.23 		Subd. 3.Contests requiring a permit. (a) A person must have a permit from the 
51.24 	commissioner to conduct a fishing contest that does not meet the criteria in subdivision 
51.25 	2. The commissioner shall charge a fee for the permit that recovers the costs of issuing 
51.26 	the permit and of monitoring the activities allowed by the permit. The commissioner 
51.27 	may waive the fee under this subdivision for a charitable organization. Notwithstanding 
51.28 	section 16A.1283, the commissioner may, by written order published in the State Register, 
51.29 	establish contest permit fees. The fees are not subject to the rulemaking provisions of 
51.30 	chapter 14 and section 14.386 does not apply.
51.31 	(b) If entry fees are over $25 per person, or total prizes are valued at more than 
51.32 	$25,000, and if the applicant has either:
51.33 	(1) not previously conducted a fishing contest requiring a permit under this 
51.34 	subdivision; or
52.1 	(2) ever failed to make required prize awards in a fishing contest conducted by 
52.2 	the applicant, the commissioner may require the applicant to furnish the commissioner 
52.3 	evidence of financial responsibility in the form of a surety bond or bank letter of credit in 
52.4 	the amount of $25,000.
52.5 	(c) The permit fee for any individual contest may not exceed the following amounts:
52.6 	(1) $120 $60 for an open water contest not exceeding 100 participants 50 boats and 
52.7 	without off-site weigh-in;
52.8 	(2) $400 $200 for an open water contest with more than 100 participants 50 boats
52.9 	and without off-site weigh-in;
52.10 	(3) $500 $250 for an open water contest not exceeding 100 participants 50 boats
52.11 	with off-site weigh-in;
52.12 	(4) $1,000 $500 for an open water contest with more than 100 participants 50 boats
52.13 	with off-site weigh-in; or
52.14 	(5) $120 for an ice fishing contest with more than 150 participants.

52.15 	Sec. 53. Minnesota Statutes 2008, section 97C.081, subdivision 4, is amended to read:
52.16 		Subd. 4.Restrictions. (a) The commissioner may by rule establish restrictions on 
52.17 	fishing contests to protect fish and fish habitat, to restrict activities during high use periods, 
52.18 	to restrict activities that affect research or management work, to restrict the number of 
52.19 	boats, and for the safety of contest participants.
52.20 	(b) By March 1, 2011, the commissioner shall develop a best practices certification 
52.21 	program for fishing contest organizers to ensure the proper handling and release of fish.

52.22 	Sec. 54. Minnesota Statutes 2008, section 97C.081, subdivision 6, is amended to read:
52.23 		Subd. 6.Permit application process. (a) Beginning August 1 each year, the 
52.24 	commissioner shall accept permit applications for fishing contests to be held in the 
52.25 	following year.
52.26 	(b) If the number of permit applications received by the commissioner from August 
52.27 	1 through the last Friday in September exceeds the limits specified in subdivisions 7 and 8, 
52.28 	the commissioner shall notify the affected applicants that their requested locations and 
52.29 	time period are subject to a drawing. After notification, the commissioner shall allow 
52.30 	the affected applicants a minimum of seven days to change the location or time period 
52.31 	requested on their applications, provided that the change is not to a location or time period 
52.32 	for which applications are already at or above the limits specified in subdivisions 7 and 8.
52.33 	(c) After the applicants have been given at least seven days to change their 
52.34 	applications, the commissioner shall conduct a drawing for all locations and time periods 
53.1 	for which applications exceed limits. First preference in the drawings shall be given 
53.2 	to applicants for established or traditional fishing contests, and second preference to 
53.3 	applicants for contests that are not established as traditional fishing contests based on the 
53.4 	number of times they have been unsuccessful in previous drawings. Except for applicants 
53.5 	of established or traditional fishing contests, an applicant who is successful in a drawing 
53.6 	loses all accumulated preference. "Established or traditional fishing contest" means a 
53.7 	fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of 
53.8 	five years from 1996 to 2000 for the same lake and time period. Beginning with 2001, 
53.9 	established or traditional fishing contests must continue to be conducted at least four out 
53.10 	of five years for the same lake and time period to remain established or traditional.
53.11 	(d) The commissioner has until November 7 to approve or deny permit applications 
53.12 	that are submitted by 4:30 p.m. on the last Friday in September. The commissioner 
53.13 	may approve a permit application that is received after 4:30 p.m. on the last Friday 
53.14 	in September if approving the application would not result in exceeding the limits in 
53.15 	subdivisions 7 and 8.
53.16 	(e) The commissioner shall develop an online Web-based fishing contest permit 
53.17 	application process.

53.18 	Sec. 55. Minnesota Statutes 2008, section 97C.081, subdivision 9, is amended to read:
53.19 		Subd. 9.Permit restrictions. (a) The commissioner may require fishing contest 
53.20 	permittees to limit prefishing to week days only as a condition of a fishing contest permit. 
53.21 	The commissioner may require proof from permittees that prefishing restrictions on the 
53.22 	permit are communicated to fishing contest participants and enforced.
53.23 	(b) The commissioner may require permit restrictions on the hours that a permitted 
53.24 	fishing contest is conducted, including, but not limited to, starting and ending times.
53.25 	(c) The commissioner may require permit restrictions on the number of parking 
53.26 	spaces that may be used on a state-owned public water access site. The commissioner may 
53.27 	require proof from permittees that parking restrictions on the permit are communicated to 
53.28 	fishing contest participants and enforced.
53.29 	(d) To prevent undue mortality of released fish, the commissioner may require 
53.30 	restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny 
53.31 	permits requesting an off-site weigh-in or live release. The commissioner may allow for 
53.32 	live release weigh-ins at public accesses.
53.33 	(e) A person may not transfer a fishing contest permit to another person.
53.34 	(f) Failure to comply with fishing contest permit restrictions may be considered 
53.35 	grounds for denial of future permit applications.

54.1 	Sec. 56. Minnesota Statutes 2008, section 97C.335, is amended to read:
54.2 	97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
54.3 	(a) A person may not use artificial lights to lure or attract fish or to see fish in the 
54.4 	water while spearing, except that while angling or spearing, a person may:
54.5 	(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or
54.6 	(2) use a lighted decoy for spearing.
54.7 	Any(b) A battery that is used in lighted fishing lures cannot must not contain any 
54.8 	intentionally introduced mercury.
54.9 	(c) The restrictions in paragraph (a) do not apply to bow fishing.

54.10 	Sec. 57. Minnesota Statutes 2008, section 97C.345, subdivision 2, is amended to read:
54.11 		Subd. 2.Possession. (a) Except as specifically authorized, a person may not possess 
54.12 	a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any 
54.13 	waters. Possession includes personal possession and in a vehicle.
54.14 	(b) A person may possess spears, dip nets, bows and arrows, and spear guns allowed 
54.15 	under section 97C.381 on or near waters between sunrise and sunset from May 1 to the 
54.16 	last Sunday in February, or as otherwise prescribed by the commissioner.

54.17 	Sec. 58. [97C.346] PROHIBITION ON RETURNING CERTAIN NETTED 
54.18 	ROUGH FISH TO WATERS.
54.19 	A person may not release carp or buffalo taken by netting back into the water.

54.20 	Sec. 59. Minnesota Statutes 2008, section 97C.355, subdivision 2, is amended to read:
54.21 		Subd. 2.License required. A person may not leave a dark house or, fish house, or 
54.22 	shelter unattended on the ice at any time between midnight and one hour before sunrise 
54.23 	unless the house or shelter is licensed and has a the license tag attached to the exterior in a 
54.24 	readily visible location, except as provided in this subdivision. The commissioner must 
54.25 	issue a tag with a dark house or, fish house, or shelter license, marked with a number to 
54.26 	correspond with the license and the year of issue. A dark house or, fish house, or shelter
54.27 	license is not required of a resident on boundary waters where the adjacent state does not 
54.28 	charge a fee for the same activity.

54.29 	Sec. 60. Minnesota Statutes 2008, section 97C.371, is amended by adding a 
54.30 	subdivision to read:
54.31 		Subd. 5.Nonresidents. Nonresidents may spear from a fish house or dark house.

55.1 	Sec. 61. Minnesota Statutes 2008, section 97C.375, is amended to read:
55.2 	97C.375 TAKING ROUGH FISH BY SPEARING OR ARCHERY.
55.3 	A resident or nonresident may take rough fish by spearing or archery during the 
55.4 	times, in waters, and in the manner prescribed by the commissioner.

55.5 	Sec. 62. [97C.376] BOW FISHING.
55.6 		Subdivision 1.Season. The bow fishing season for residents and nonresidents is 
55.7 	from May 1 to the last Sunday in February at any time of the day.
55.8 		Subd. 2.Possession of bows and arrows. A person may possess bows and arrows 
55.9 	for the purposes of bow fishing on or within 100 feet of waters at any time from May 1 to 
55.10 	the last Sunday in February, subject to local ordinances. A person must take reasonable 
55.11 	measures to retrieve arrows and wounded fish.
55.12 		Subd. 3.Nighttime restrictions on motors. From sunset to sunrise, a person bow 
55.13 	fishing with the assistance of a gasoline-powered motor must use a four-stroke engine 
55.14 	powered generator. The noise limits for total noise while bow fishing from sunset to 
55.15 	sunrise shall not exceed a noise level of 65 decibels on the A scale measured at a distance 
55.16 	of 50 feet from the motorboat or equivalent noise levels at other distances as specified 
55.17 	by the commissioner in a pass-by test or 67 decibels on the A scale measured at idle in a 
55.18 	stationary test at least four feet above the water and at least four feet behind the transom 
55.19 	of the motorboat being tested. The noise levels under section 86B.321 apply to persons 
55.20 	traveling to and from bow fishing sites from sunset to sunrise.
55.21 		Subd. 4.Nighttime structure and campground setback requirements. A person 
55.22 	shall not discharge an arrow while bow fishing within 150 feet of an occupied structure 
55.23 	or within 300 feet of a campsite from sunset to sunrise.
55.24 		Subd. 5.Prohibition on returning rough fish to waters. Rough fish taken by bow 
55.25 	fishing shall not be returned to the water and rough fish may not be left on the banks 
55.26 	of any water of the state.

55.27 	Sec. 63. Minnesota Statutes 2008, section 97C.395, subdivision 1, is amended to read:
55.28 		Subdivision 1.Dates for certain species. (a) The open seasons to take fish by 
55.29 	angling are as follows:
55.30 	(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and 
55.31 	smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend 
55.32 	to the last Sunday in February;
55.33 	(2) for lake trout, from January 1 to October 31;
56.1 	(3) for the winter season for lake trout on all lakes located outside or partially within 
56.2 	the Boundary Waters Canoe Area, from January 15 to March 31;
56.3 	(4) for the winter season for lake trout on all lakes located entirely within the 
56.4 	Boundary Waters Canoe Area, from January 1 to March 31;
56.5 	(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to 
56.6 	October 31 as prescribed by the commissioner by rule except as provided in section 
56.7 	97C.415, subdivision 2; 
56.8 	(5) (6) for the winter season for brown trout, brook trout, rainbow trout, and splake 
56.9 	on all lakes, from January 15 to March 31; and
56.10 	(6) (7) for salmon, as prescribed by the commissioner by rule.
56.11 	(b) The commissioner shall close the season in areas of the state where fish are 
56.12 	spawning and closing the season will protect the resource.

56.13 	Sec. 64. Laws 2008, chapter 368, article 2, section 25, the effective date, is amended to 
56.14 	read:

56.15 	EFFECTIVE DATE. The amendments to paragraph (a) are effective March 1, 
56.16 	2009 2010.

56.17 	EFFECTIVE DATE. This section is effective retroactively from March 1, 2009.

56.18 	Sec. 65. ELK MANAGEMENT PLAN.
 56.19 	Within 180 days of the effective date of this section, the commissioner of natural 
56.20 	resources shall:
56.21 	(1) develop an elk management plan consistent with the requirements under 
56.22 	Minnesota Statutes, section 97B.516;
56.23 	(2) present the elk management plan to the Kittson, Marshall, and Roseau County 
56.24 	Boards; and
56.25 	(3) begin implementing the plan.

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

56.27 	Sec. 66. RULEMAKING.
 56.28 	(a) The commissioner of natural resources shall adopt or amend rules to establish 
56.29 	minimum size limits for muskellunge on inland waters consistent with the provisions 
56.30 	of this section. The commissioner must:
56.31 	(1) establish a 48-inch statewide minimum size restriction for muskellunge and 
56.32 	muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause 
57.1 	(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota, 
57.2 	Hennepin, Ramsey, Scott, and Washington Counties; and
57.3 	(2) establish a 40-inch minimum size restriction for muskellunge-northern pike 
57.4 	hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and 
57.5 	Washington Counties:

57.6		LAKE
	COUNTY
	
57.7		Bryant
	Hennepin
	
57.8		Bush
	Hennepin
	
57.9		Calhoun
	Hennepin
	
57.10		Cedar
	Hennepin
	
57.11		Cedar
	Scott
	
57.12		Clear
	Washington
	
57.13		Crystal
	Dakota
	
57.14		Crystal
	Hennepin
	
57.15		Eagle
	Carver
	
57.16		Elmo
	Washington
	
57.17		Gervais
	Ramsey
	
57.18		Island
	Ramsey
	
57.19		Isles
	Hennepin
	
57.20		Johanna
	Ramsey
	
57.21		Nokomis
	Hennepin
	
57.22		Orchard
	Dakota
	
57.23		Phalen
	Ramsey
	
57.24		Pierson
	Carver
	
57.25		Silver
	Ramsey
	
57.26		Wasserman
	Carver
	
57.27		Weaver
	Hennepin
	
57.28 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
57.29 	section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 
57.30 	14.386, does not apply except as provided in Minnesota Statutes, section 14.388.

57.31 	Sec. 67. TEMPORARY WARNING REQUIREMENTS; SHINING WITHOUT 
57.32 	IMPLEMENTS TO TAKE WILD ANIMALS.
 57.33 	A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081, 
57.34 	subdivision 2, shall not result in a penalty, but is punishable only by a warning.

57.35 	Sec. 68. ZONE 3 DEER SEASON AND RESTRICTIONS; 2009.
 57.36 	For the 2009 deer season, notwithstanding rules of the commissioner of natural 
57.37 	resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner 
57.38 	shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November 
58.1 	6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20. 
58.2 	During the last two days of the 2009 early A season in Zone 3, a person may not take 
58.3 	antlered deer unless the deer has at least four points on one side, or the person has taken an 
58.4 	antlerless deer prior to taking the antlered deer during the early A season in Zone 3. Party 
58.5 	hunting for antlered deer under Minnesota Statutes, section 97B.301, subdivision 3, is not 
58.6 	allowed in the last two days of the 2009 early A season in Zone 3. Zone 3 is defined in 
58.7 	Minnesota Rules, part 6232.1400, subpart 3.

58.8 	Sec. 69. APPROPRIATION.
 58.9 	$15,000 in fiscal year 2010 is appropriated from the game and fish fund to the 
58.10 	commissioner for the development of an on-line fishing contest permit application process. 
58.11 	This is a onetime appropriation.

58.12 	Sec. 70. LET'S GO FISHING; APPROPRIATION.
 58.13 	(a) $150,000 in fiscal year 2010 and $150,000 in fiscal year 2011 are appropriated 
58.14 	from the game and fish fund to the commissioner of natural resources for grants to Let's 
58.15 	Go Fishing of Minnesota to provide community outreach to senior citizens, youth, 
58.16 	and veterans and for the costs associated with the establishment and recruitment of 
58.17 	new chapters. The grants must be matched with cash or in-kind contributions from 
58.18 	nonstate sources. It is a condition of acceptance of grants under this section that Let's Go 
58.19 	Fishing of Minnesota must submit a work program and annual progress reports in the 
58.20 	form and manner determined by the commissioner of natural resources to the house of 
58.21 	representatives and senate committees having budgetary oversight.
58.22 	(b) The work program must include measurable outcomes and a plan for measuring 
58.23 	and evaluating the results. The measurement and evaluation of outcomes must be 
58.24 	supported with electronic data, including names of volunteers and guests, served in a 
58.25 	meaningful format with each reimbursement request. For the purposes of this paragraph, 
58.26 	"measurable outcomes" mean outcomes, indicators, or other performance measures that 
58.27 	may be quantified or otherwise measured in order to measure the effectiveness of a project 
58.28 	or program in meeting its intended goal or purpose.
58.29 	(c) This appropriation may not be used to reimburse costs for lobbying or fundraising 
58.30 	activities. Funds may be used, as approved in the work program, to reimburse salaries 
58.31 	of individuals assigned responsibility for creating fundraising plans to be followed by 
58.32 	chapters, but not for direct participation by Let's Go Fishing staff in any fundraising 
58.33 	activity or costs associated with such activity. Administrative costs of delivering the 
58.34 	program may not exceed 2.5 percent of the grant.
59.1 	(d) All reimbursed costs must comply with the Department of Administration's 
59.2 	Office of Grant Management policies as described in Minnesota Statutes, section 16B.98. 
59.3 	Written contracts must be developed for all financial-related activity, such as rent, leases, 
59.4 	sponsorships, manufacturer, agreements, in excess of $500 as prescribed in state policy.
59.5 	(e) The work program must identify capital expenditures and leases over $2,000 and 
59.6 	annual reports must describe the use of that capital equipment throughout its useful life.
59.7 	(f) The commissioner must approve the work program before making a grant to Let's 
59.8 	Go Fishing of Minnesota. This is a onetime appropriation.

59.9 	Sec. 71.  REPEALER.
 59.10 	Minnesota Statutes 2008, sections 97A.525, subdivision 2; 97B.301, subdivisions 7 
59.11 	and 8; and 97C.405, are repealed.

59.12 	ARTICLE 3
59.13 	STATE LAND ADMINISTRATION

59.14 	Section 1. Minnesota Statutes 2008, section 84.0273, is amended to read:
59.15 	84.0273 ESTABLISHMENT OF BOUNDARY LINES RELATING TO 
59.16 	CERTAIN STATE LANDHOLDINGS.
59.17 	(a) In order to resolve boundary line issues affecting the ownership interests of the 
59.18 	state and adjacent landowners, the commissioner of natural resources may, in the name 
59.19 	of the state upon terms the commissioner deems appropriate, convey, by a boundary line 
59.20 	agreement, quitclaim deed, or management agreement in such form as the attorney general 
59.21 	approves, such rights, titles, and interests of the state in state lands for such rights, titles 
59.22 	and interests in adjacent lands as are necessary for the purpose of establishing boundaries. 
59.23 	A notice of the proposed conveyance and a brief statement of the reason therefor shall be 
59.24 	published once in the State Register by the commissioner between 15 and 30 days prior 
59.25 	to conveyance. The provisions of this sectionparagraph are not intended to replace or 
59.26 	supersede laws relating to land exchange or disposal of surplus state property.
59.27 	(b) In order to resolve trespass issues affecting the ownership interests of the state 
59.28 	and adjacent landowners, the commissioner of natural resources, in the name of the state, 
59.29 	may sell surplus lands not needed for natural resource purposes at private sale to adjoining 
59.30 	property owners and leaseholders. The conveyance must be by quitclaim in a form 
59.31 	approved by the attorney general for a consideration not less than the value determined 
59.32 	according to section 94.10, subdivision 1.
59.33 	(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of 
59.34 	natural resources, except school trust land as defined in section 92.025. For acquired lands, 
60.1 	the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding 
60.2 	the offering to public entities, public sale, and related notice and publication requirements 
60.3 	of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may 
60.4 	sell the surplus lands as provided in paragraph (b) notwithstanding the classification and 
60.5 	public sale provisions of chapters 84A and 282.

60.6 	Sec. 2. [84.0277] CAMP RIPLEY BUFFER EASEMENTS.
60.7 		Subdivision 1.Acquisition authorized. The commissioner may acquire, from 
60.8 	willing sellers, perpetual conservation easements on behalf of the state and federal 
60.9 	government consistent with Camp Ripley's Army compatible use buffer project. This 
60.10 	project is geographically defined as a three-mile zone around Camp Ripley in central 
60.11 	Minnesota.
60.12 		Subd. 2.Payments; terms. Notwithstanding sections 84.0272, subdivision 1, 
60.13 	and 84.0274, subdivision 5, paragraph (b), the commissioner may make payments to a 
60.14 	landowner under this subdivision to acquire a perpetual conservation easement according 
60.15 	to subdivision 1. The onetime payment may be based on the following:
60.16 	(1) if the easement prohibits the construction of any new buildings or permanent 
60.17 	structures upon the land, the commissioner may pay 60 percent of the most recent assessed 
60.18 	market value of the land as determined by the county assessor of the county in which the 
60.19 	land is located; or
60.20 	(2) if the easement prohibits the construction of any new buildings or permanent 
60.21 	structures upon the land and grants the public the right to access the land for natural 
60.22 	resource-based outdoor recreation, the commissioner may pay 70 percent of the most 
60.23 	recent assessed market value of the land as determined by the county assessor of the 
60.24 	county in which the land is located.

60.25 	Sec. 3. Minnesota Statutes 2008, section 85.0115, is amended to read:
60.26 	85.0115 NOTICE OF ADDITIONS AND DELETIONS.
60.27 	(a) The commissioner of natural resources shall publish a notice and description of 
60.28 	proposed additions to and deletions from legislatively designated boundaries of state parks 
60.29 	in a legal newspaper of general circulation in each county that is affected, and shall mail a 
60.30 	copy of such notice and description to the chair of the affected county board or boards 
60.31 	and to each affected landowner.
60.32 	(b) When an addition to a legislatively designated boundary of a state park is 
60.33 	proposed, the affected county board or boards or an affected city or township board may 
60.34 	petition the commissioner of natural resources to attend a public hearing to discuss the 
61.1 	proposed addition. The petition must be signed by the majority of the board members and 
61.2 	include the time, date, and reason for the hearing, and be submitted to the commissioner 
61.3 	of natural resources 30 days prior to the public hearing. The commissioner of natural 
61.4 	resources or the commissioner's designee shall attend the public hearing when petitioned 
61.5 	under this section.

61.6 	Sec. 4. Minnesota Statutes 2008, section 85.015, subdivision 13, is amended to read:
61.7 		Subd. 13.Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton, 
61.8 	Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St. 
61.9 	Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to 
61.10 	McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in 
61.11 	Itasca County and there terminate;
61.12 	(2) The NorthshoreC. J. Ramstad/Northshore Trail shall originate in Duluth in 
61.13 	St. Louis County and extend northeasterly to Two Harbors in Lake County, thence 
61.14 	northeasterly to Grand Marais in Cook County, thence northeasterly to the international 
61.15 	boundary in the vicinity of the north shore of Lake Superior, and there terminate;
61.16 	(3) The Grand Marais to International Falls Trail shall originate in Grand Marais 
61.17 	in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, 
61.18 	to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to 
61.19 	Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. 
61.20 	Louis County to International Falls in Koochiching County, and there terminate.
61.21 	(b) The trails shall be developed primarily for riding and hiking.
61.22 	(c) In addition to the authority granted in subdivision 1, lands and interests in lands 
61.23 	for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring 
61.24 	any land or interest in land by eminent domain the commissioner of administration shall 
61.25 	obtain the approval of the governor. The governor shall consult with the Legislative 
61.26 	Advisory Commission before granting approval. Recommendations of the Legislative 
61.27 	Advisory Commission shall be advisory only. Failure or refusal of the commission to 
61.28 	make a recommendation shall be deemed a negative recommendation.

61.29 	Sec. 5. Minnesota Statutes 2008, section 103F.321, is amended by adding a subdivision 
61.30 	to read:
61.31 		Subd. 3.Home-based business; conditional use. A local unit of government may 
61.32 	issue a conditional use permit in a wild and scenic river district designated pursuant to 
61.33 	sections 103F.301 to 103F.351 to a home-based business that:
61.34 	(1) is located on property that includes the primary residence of the business owner;
62.1 	(2) is conducted within the primary residence or residential accessory structure 
62.2 	and the residence and accessory structures were constructed prior to the effective date 
62.3 	of this section;
62.4 	(3) does not necessitate creation of additional impervious surface for vehicular 
62.5 	parking on the property;
62.6 	(4) satisfies all other requirements in a conditional use permit issued by the local 
62.7 	unit of government; and
62.8 	(5) satisfies all other state and local requirements applicable to the type of business.

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

62.10 	Sec. 6. Minnesota Statutes 2008, section 282.04, subdivision 1, is amended to read:
62.11 		Subdivision 1.Timber sales; land leases and uses. (a) The county auditor may 
62.12 	sell timber upon any tract that may be approved by the natural resources commissioner. 
62.13 	The sale of timber shall be made for cash at not less than the appraised value determined 
62.14 	by the county board to the highest bidder after not less than one week's published notice 
62.15 	in an official paper within the county. Any timber offered at the public sale and not sold 
62.16 	may thereafter be sold at private sale by the county auditor at not less than the appraised 
62.17 	value thereof, until the time as the county board may withdraw the timber from sale. The 
62.18 	appraised value of the timber and the forestry practices to be followed in the cutting of 
62.19 	said timber shall be approved by the commissioner of natural resources.
62.20 	(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 
62.21 	made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 
62.22 	sales, the down payment shall be no less than 15 percent of the appraised value, and the 
62.23 	balance shall be paid prior to entry. In the case of auction sales that are partitioned and 
62.24 	sold as a single sale with predetermined cutting blocks, the down payment shall be no less 
62.25 	than 15 percent of the appraised price of the entire timber sale which may be held until the 
62.26 	satisfactory completion of the sale or applied in whole or in part to the final cutting block. 
62.27 	The value of each separate block must be paid in full before any cutting may begin in that 
62.28 	block. With the permission of the county contract administrator the purchaser may enter 
62.29 	unpaid blocks and cut necessary timber incidental to developing logging roads as may 
62.30 	be needed to log other blocks provided that no timber may be removed from an unpaid 
62.31 	block until separately scaled and paid for. If payment is provided as specified in this 
62.32 	paragraph as security under paragraph (a) and no cutting has taken place on the contract, 
62.33 	the county auditor may credit the security provided, less any down payment required for 
62.34 	an auction sale under this paragraph, to any other contract issued to the contract holder 
62.35 	by the county under this chapter to which the contract holder requests in writing that it 
63.1 	be credited, provided the request and transfer is made within the same calendar year as 
63.2 	the security was received.
63.3 	(c) The county board may sell any timber, including biomass, as appraised or scaled. 
63.4 	Any parcels of land from which timber is to be sold by scale of cut products shall be so 
63.5 	designated in the published notice of sale under paragraph (a), in which case the notice 
63.6 	shall contain a description of the parcels, a statement of the estimated quantity of each 
63.7 	species of timber, and the appraised price of each species of timber for 1,000 feet, per cord 
63.8 	or per piece, as the case may be. In those cases any bids offered over and above the 
63.9 	appraised prices shall be by percentage, the percent bid to be added to the appraised price 
63.10 	of each of the different species of timber advertised on the land. The purchaser of timber 
63.11 	from the parcels shall pay in cash at the time of sale at the rate bid for all of the timber 
63.12 	shown in the notice of sale as estimated to be standing on the land, and in addition shall 
63.13 	pay at the same rate for any additional amounts which the final scale shows to have been 
63.14 	cut or was available for cutting on the land at the time of sale under the terms of the sale. 
63.15 	Where the final scale of cut products shows that less timber was cut or was available 
63.16 	for cutting under terms of the sale than was originally paid for, the excess payment 
63.17 	shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be 
63.18 	audited and allowed by the county board as in case of other claims against the county. No 
63.19 	timber, except hardwood pulpwood, may be removed from the parcels of land or other 
63.20 	designated landings until scaled by a person or persons designated by the county board 
63.21 	and approved by the commissioner of natural resources. Landings other than the parcel 
63.22 	of land from which timber is cut may be designated for scaling by the county board by 
63.23 	written agreement with the purchaser of the timber. The county board may, by written 
63.24 	agreement with the purchaser and with a consumer designated by the purchaser when the 
63.25 	timber is sold by the county auditor, and with the approval of the commissioner of natural 
63.26 	resources, accept the consumer's scale of cut products delivered at the consumer's landing. 
63.27 	No timber shall be removed until fully paid for in cash. Small amounts of timber not 
63.28 	exceeding $3,000 in appraised valuation may be sold for not less than the full appraised 
63.29 	value at private sale to individual persons without first publishing notice of sale or calling 
63.30 	for bids, provided that in case of a sale involving a total appraised value of more than $200 
63.31 	the sale shall be made subject to final settlement on the basis of a scale of cut products in 
63.32 	the manner above provided and not more than two of the sales, directly or indirectly to any 
63.33 	individual shall be in effect at one time.
63.34 	(d) As directed by the county board, the county auditor may lease tax-forfeited land 
63.35 	to individuals, corporations or organized subdivisions of the state at public or private sale, 
63.36 	and at the prices and under the terms as the county board may prescribe, for use as cottage 
64.1 	and camp sites and for agricultural purposes and for the purpose of taking and removing of 
64.2 	hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 
64.3 	sites and other temporary uses provided that no leases shall be for a period to exceed ten 
64.4 	years; provided, further that any leases involving a consideration of more than $12,000 per 
64.5 	year, except to an organized subdivision of the state shall first be offered at public sale in 
64.6 	the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 
64.7 	remain subject to the lease for not to exceed one year from the beginning of the term of the 
64.8 	lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 
64.9 	shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 
64.10 	audited and allowed by the county board as in case of other claims against the county.
64.11 	(e) As directed by the county board, the county auditor may lease tax-forfeited land 
64.12 	to individuals, corporations, or organized subdivisions of the state at public or private sale, 
64.13 	at the prices and under the terms as the county board may prescribe, for the purpose 
64.14 	of taking and removing for use for road construction and other purposes tax-forfeited 
64.15 	stockpiled iron-bearing material. The county auditor must determine that the material is 
64.16 	needed and suitable for use in the construction or maintenance of a road, tailings basin, 
64.17 	settling basin, dike, dam, bank fill, or other works on public or private property, and 
64.18 	that the use would be in the best interests of the public. No lease shall exceed ten years. 
64.19 	The use of a stockpile for these purposes must first be approved by the commissioner of 
64.20 	natural resources. The request shall be deemed approved unless the requesting county 
64.21 	is notified to the contrary by the commissioner of natural resources within six months 
64.22 	after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 
64.23 	been approved, the county may continue to lease it for these purposes until approval is 
64.24 	withdrawn by the commissioner of natural resources.
64.25 	(f) The county auditor, with the approval of the county board is authorized to grant 
64.26 	permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 
64.27 	tailings, or waste products from mines or ore milling plants, or to use for facilities needed 
64.28 	to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed 
64.29 	for a mining operation, upon the conditions and for the consideration and for the period 
64.30 	of time, not exceeding 15 25 years, as the county board may determine. The permits, 
64.31 	licenses, or leases are subject to approval by the commissioner of natural resources.
64.32 	(g) Any person who removes any timber from tax-forfeited land before said 
64.33 	timber has been scaled and fully paid for as provided in this subdivision is guilty of a 
64.34 	misdemeanor.
64.35 	(h) The county auditor may, with the approval of the county board, and without first 
64.36 	offering at public sale, grant leases, for a term not exceeding 25 years, for the removal 
65.1 	of peat and for the production or removal of farm-grown closed-loop biomass as defined 
65.2 	in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited 
65.3 	lands upon the terms and conditions as the county board may prescribe. Any lease for 
65.4 	the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops 
65.5 	from tax-forfeited lands must first be reviewed and approved by the commissioner of 
65.6 	natural resources if the lease covers 320 or more acres. No lease for the removal of 
65.7 	peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by 
65.8 	the county auditor pursuant to this section without first holding a public hearing on the 
65.9 	auditor's intention to lease. One printed notice in a legal newspaper in the county at least 
65.10 	ten days before the hearing, and posted notice in the courthouse at least 20 days before 
65.11 	the hearing shall be given of the hearing.
65.12 	(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 
65.13 	County auditor may, at the discretion of the county board, sell timber to the party who 
65.14 	bids the highest price for all the several kinds of timber, as provided for sales by the 
65.15 	commissioner of natural resources under section 90.14. Bids offered over and above the 
65.16 	appraised price need not be applied proportionately to the appraised price of each of 
65.17 	the different species of timber.
65.18 	(j) In lieu of any payment or deposit required in paragraph (b), as directed by the 
65.19 	county board and under terms set by the county board, the county auditor may accept an 
65.20 	irrevocable bank letter of credit in the amount equal to the amount otherwise determined 
65.21 	in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, 
65.22 	at the written request of the purchaser, the county may periodically allow the bank letter 
65.23 	of credit to be reduced by an amount proportionate to the value of timber that has been 
65.24 	harvested and for which the county has received payment. The remaining amount of 
65.25 	the bank letter of credit after a reduction under this paragraph must not be less than 20 
65.26 	percent of the value of the timber purchased. If an irrevocable bank letter of credit or 
65.27 	cash deposit is provided for the down payment required in paragraph (b), and no cutting 
65.28 	of timber has taken place on the contract for which a letter of credit has been provided, 
65.29 	the county may allow the transfer of the letter of credit to any other contract issued to the 
65.30 	contract holder by the county under this chapter to which the contract holder requests in 
65.31 	writing that it be credited.

65.32 	Sec. 7. Laws 1996, chapter 407, section 32, subdivision 3, is amended to read:
65.33 		Subd. 3.Acquisition and management. The commissioner of natural resources is 
65.34 	authorized to acquire by gift, lease, or purchase the lands for the Iron Range off-highway 
65.35 	vehicle recreation area. Any lease with local government units shall be for at least ten 
66.1 	years and may be paid up front at the request of either party. The commissioner shall 
66.2 	manage the unit as a state recreation area as provided by Minnesota Statutes, section 
66.3 	86A.05, subdivision 3. The commissioner or the commissioner's designee in the trails and 
66.4 	waterways division of the department of natural resources shall develop and manage the 
66.5 	area for off-highway vehicle recreational use.

66.6 	Sec. 8. Laws 2008, chapter 368, article 1, section 21, subdivision 4, is amended to read:
66.7 		Subd. 4.[85.012] [Subd. 38.] Lake Shetek State Park, Murray County. The 
66.8 	following areas are deleted from Lake Shetek State Park:
66.9 	(1) Blocks 3 and 4 of Forman Acres according to the plat on file and of record in the 
66.10 	Office of the Recorder for Murray County;
66.11 	(2) the Hudson Acres subdivision according to the plat on file and of record in the 
66.12 	Office of the Recorder for Murray County; and
66.13 	(3) that part of Government Lot 6 and, that part of Government Lot 7, and that part 
66.14 	of Government Lot 8 of Section 6, Township 107 North, Range 40 West, and that part of 
66.15 	Government Lot 1 and that part of Government Lot 2 of Section 7, Township 107 North, 
66.16 	Range 40 West, Murray County, Minnesota, described as follows:
66.17 	Commencing at the East Quarter Corner of said Section 6; thence on a bearing based 
66.18 	on the 1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees 
66.19 	22 minutes 05 seconds East 1405.16 17 minutes 23 seconds East 1247.75 feet along the 
66.20 	east line of said Section 6; thence North 89 degrees 07 minutes 01 second West 1942.39
66.21 	South 88 degrees 39 minutes 00 seconds West 1942.74 feet; thence South 03 degrees 33 
66.22 	minutes 00 seconds West 94.92 feet to the northeast corner of Block 5 of FORMAN 
66.23 	ACRES, according to the recorded plat thereof on file and of record in the Murray County 
66.24 	Recorder's Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along 
66.25 	the easterly line of said Block 5 and along the easterly line of the Private Roadway of 
66.26 	FORMAN ACRES to the southeasterly corner of said Private Roadway and the POINT 
66.27 	OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along 
66.28 	the southerly line of said Private Roadway to an angle point on said line and an existing 
66.29 	1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06 
66.30 	feet along the southerly line of said Private Roadway to an angle point on said line and 
66.31 	an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds West 
66.32 	279.60 feet along the southerly line of said Private Roadway to an angle point on said line; 
66.33 	thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly line 
66.34 	of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR 
66.35 	LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 470.40 
67.1 	feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 feet to 
67.2 	a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR 
67.3 	MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line of 
67.4 	Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT 1, OF 
67.5 	SEC 7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of record 
67.6 	in the Murray County Recorder's Office and a DNR MON; thence South 14 degrees 28 
67.7 	minutes 55 seconds West 71.98 feet along the east line of said Lot A to the northerly most 
67.8 	corner of Lot 36 of HUDSON ACRES, according to the record plat thereof on file and of 
67.9 	record in the Murray County Recorder's Office and an existing steel fence post; thence 
67.10 	South 51 degrees 37 minutes 05 seconds East 418.97 feet along the northeasterly line of 
67.11 	said Lot 36 and along the northeasterly line of Lots 35, 34, 33, 32 of HUDSON ACRES to 
67.12 	an existing 1 inch inside diameter iron pipe marking the easterly most corner of Lot 32 
67.13 	and the most northerly corner of Lot 31A of HUDSON ACRES; thence South 48 degrees 
67.14 	33 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot 31A to an 
67.15 	existing 1 1/2 inch inside diameter iron pipe marking the easterly most corner thereof and 
67.16 	the most northerly corner of Lot 31 of HUDSON ACRES; thence South 33 degrees 53 
67.17 	minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31 and along 
67.18 	the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 1 1/2 inch 
67.19 	inside diameter iron pipe marking the easterly most corner of said Lot 29 and the most 
67.20 	northerly corner of Lot 28 of HUDSONS HUDSON ACRES; thence South 45 degrees 23 
67.21 	minutes 54 seconds East 375.07 feet along the northeasterly line of said Lot 28 and along 
67.22 	the northeasterly line of Lots 27, 26, 25, 24 of HUDSON ACRES to an existing 1 1/2 inch 
67.23 	inside diameter iron pipe marking the easterly most corner of said Lot 24 and the most 
67.24 	northerly corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes 
67.25 	53 seconds East 226.80 feet along the northeasterly line of said Lot 23 and along the 
67.26 	northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 1 1/2 inch inside 
67.27 	diameter iron pipe marking the easterly most corner of said Lot 21 and the most northerly 
67.28 	corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds 
67.29 	East 524.75 feet along the northeasterly line of said Lot 20 and along the northeasterly 
67.30 	line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to an existing 1 1/2 inch inside 
67.31 	diameter iron pipe marking the easterly most corner of said Lot 14 and the most northerly 
67.32 	corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes 43 seconds 
67.33 	East 225.11 feet along the northeasterly line of said Lot 13 and along the northeasterly 
67.34 	line of Lots 12 and 11 of HUDSON ACRES to an existing 1 1/2 inch inside diameter iron 
67.35 	pipe marking the easterly most corner of said Lot 11 and the northwest corner of Lot 10 
67.36 	of HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet 
68.1 	along the north line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON 
68.2 	ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the northeast corner 
68.3 	of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84 
68.4 	degrees 07 minutes 37 seconds East 525.01 feet along the north line of said Lot 7 and 
68.5 	along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to an existing 1 1/2 inch 
68.6 	inside diameter iron pipe marking the northeast corner of said Lot 1 of HUDSON ACRES; 
68.7 	thence southeasterly, easterly and northerly along a non-tangential curve concave to the 
68.8 	north having a radius of 50.00 feet, central angle 138 degrees 41 minutes 58 seconds 42 
68.9 	minutes 00 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 
68.10 	seconds East; thence continuing northwesterly and westerly along the previously described 
68.11 	curve concave to the south having a radius of 50.00 feet, central angle 138 degrees 42 
68.12 	minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 
68.13 	seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not 
68.14 	tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 
68.15 	seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds 
68.16 	West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 
68.17 	530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 
68.18 	feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet to 
68.19 	a DNR MON; thence North 33 degrees 53 minutes 32 30 seconds West 226.66 feet to a 
68.20 	DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR 
68.21 	MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; 
68.22 	thence North 24 degrees 09 minutes 58 57 seconds East 257.86 feet to a DNR MON; 
68.23 	thence North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence 
68.24 	North 76 degrees 04 minutes 53 52 seconds East 715.53 feet to a DNR MON; thence 
68.25 	North 33 degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 
68.26 	64 degrees 28 minutes 25 26 seconds East 84.97 feet to a DNR MON; thence South 82 
68.27 	degrees 15 minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 
68.28 	45 minutes 07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres.

68.29 	Sec. 9. Laws 2008, chapter 368, article 1, section 21, subdivision 5, is amended to read:
68.30 		Subd. 5.[85.012] [Subd. 44a.] Moose Lake State Park, Carlton County. The 
68.31 	following areas are deleted from Moose Lake State Park, all in Township 46 North, Range 
68.32 	19 West, Carlton County:
68.33 	(1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter 
68.34 	of Section 28;
69.1 	(2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter 
69.2 	of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the 
69.3 	centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a 
69.4 	100.00-foot wide strip for access and also subject to highway and road easements;
69.5 	(3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter 
69.6 	of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the 
69.7 	centerline of State Trunk Highway 73, and subject to taking for highway purposes of a 
69.8 	road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County 
69.9 	Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at 
69.10 	the northerly line of State Trunk Highway 73, and subject to highway and road easements;
69.11 	(4) Parcel G: that part of Government Lot 1 2 of Section 28, which lies northerly 
69.12 	of the westerly extension of the northerly line of the Southwest Quarter of the Northeast 
69.13 	Quarter of said Section 28, and southerly of the westerly extension of the northerly line of 
69.14 	the South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28;
69.15 	(5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast 
69.16 	Quarter of Section 28;
69.17 	(6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except 
69.18 	the West 660.00 feet of said Southwest Quarter; and
69.19 	(7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28, 
69.20 	described as follows: Commencing at the northwest corner of said North One-Half of the 
69.21 	Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north 
69.22 	line of said North One-Half of the Southeast Quarter a distance of 660.01 feet to the east 
69.23 	line of the West 660.00 feet of said North One-Half of the Southeast Quarter and the actual 
69.24 	point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along 
69.25 	the north line of said North One-Half of the Southeast Quarter a distance of 657.40 feet to 
69.26 	the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28; 
69.27 	thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North 
69.28 	One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way 
69.29 	of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate 
69.30 	Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast, 
69.31 	having a radius of 1,0 54.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and 
69.32 	a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees 
69.33 	44 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35 
69.34 	a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73; 
69.35 	thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on 
69.36 	a nontangential curve, concave to the south, having a radius of 1, 984.88 feet, a central 
70.1 	angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39 
70.2 	minutes 40 seconds West to the east line of the West 660.00 feet of said North One-Half of 
70.3 	the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of 
70.4 	1, 305.90 feet, more or less, to the point of beginning and there terminating.

70.5 	Sec. 10. ADDITIONS TO STATE PARKS.
 70.6 		Subdivision 1.[85.012] [Subd. 18.] Fort Snelling State Park, Ramsey, Hennepin 
70.7 	and Dakota Counties. The following area is added to Fort Snelling State Park, Hennepin 
70.8 	County: that part of Section 20, Township 29 North, Range 23 West, described as follows: 
70.9 	From monument number 2, located on the westerly extension of the south boundary 
70.10 	of the U.S. Department of the Interior, Bureau of Mines; thence South 89 degrees 52 
70.11 	minutes 00 seconds East along said south boundary of the Bureau of Mines, 478.97 feet to 
70.12 	reference point 1 on the easterly right-of-line of Trunk Highway No. 55 and the point of 
70.13 	beginning; thence South 48 degrees 48 minutes 53 seconds East, 458.74 feet along the 
70.14 	easterly right-of-way line of said Trunk Highway No. 55; thence North 23 degrees 48 
70.15 	minutes 00 seconds East, 329.00 feet to the south boundary of the Bureau of Mines; thence 
70.16 	North 89 degrees 52 minutes 00 seconds West, 478.07 feet along said south boundary of 
70.17 	the Bureau of Mines to the point of beginning.
70.18 		Subd. 2.[85.012] [Subd. 42.] Mille Lacs Kathio State Park, Mille Lacs County.
 70.19 	The following areas are added to Mille Lacs Kathio State Park, Mille Lacs County:
70.20 	(1) Government Lot 4 of the Northwest Quarter of the Northwest Quarter; all 
70.21 	in Section 25, Township 42, Range 27, less a tract to highway described as follows: 
70.22 	Commencing at a point approximately 270.0 feet East of the southwest corner of 
70.23 	Government Lot 4, Section 25, Township 42 North, Range 27 West, Engineers Station 
70.24 	71+00; thence North 26 degrees 56 minutes West to the west line of Section 25 at 
70.25 	Engineers Station 77+07.4 a distance of 607.4 feet and there terminating. The above 
70.26 	describes the center line of an 82.5-foot right-of-way for the reconstruction of County 
70.27 	State-Aid Highway No. 26 and contains 0.23 acres in addition to the present 66-foot 
70.28 	right-of-way, Mille Lacs County, Minnesota;
70.29 	(2) Government Lot 5, Section 25, Township 42, Range 27;
70.30 	(3) that part of Government Lot 1, Section 26, Township 42 North, Range 27 
70.31 	West, Mille Lacs County, Minnesota, EXCEPT that part of Government Lot 1, Section 
70.32 	26, Township 42 North, Range 27 West, Mille Lacs County, Minnesota, described as 
70.33 	follows: Beginning at the northeast corner of said Government Lot 1; thence North 89 
70.34 	degrees 09 minutes 54 seconds West, bearing based on Mille Lacs County Coordinate 
70.35 	System, along the north line of said Government Lot 1 a distance of 665.82 feet to a 
71.1 	3/4 inch iron rod with survey cap stamped "MN DNR LS 16098" (DNR monument); 
71.2 	thence South 00 degrees 00 minutes 00 seconds West a distance of 241.73 feet to a DNR 
71.3 	monument; thence continuing South 00 degrees 00 minutes 00 seconds West a distance of 
71.4 	42.18 feet to a P.K. nail in the centerline of County Road 26; thence southeasterly along 
71.5 	the centerline of County Road 26 a distance of 860 feet, more or less, to the east line of 
71.6 	said Government Lot 1; thence North 00 degrees 22 minutes 38 seconds East along the 
71.7 	east line of said Government Lot 1 a distance of 763 feet, more or less, to the point of 
71.8 	beginning, containing 6.6 acres, more or less. AND EXCEPT, that part of Government 
71.9 	Lot 1, Section 26, Township 42 North, Range 27 West, described as follows: Commencing 
71.10 	at a point where the west line of the Northwest Quarter of the Northwest Quarter, Section 
71.11 	25, Township 42, Range 27, intersects the meander line of lake commonly known and 
71.12 	designated as "Warren Lake"; thence North along the west line of said forty a distance 
71.13 	of 20 rods; thence West at right angles to the meander line of said Warren Lake; thence 
71.14 	in a southeasterly direction to the point of beginning; and
71.15 	(4) Government Lot 2, Section 26, Township 42 North, Range 27 West, Mille Lacs 
71.16 	County, Minnesota.

71.17 	Sec. 11. DELETIONS FROM STATE PARKS.
 71.18 		Subdivision 1.[85.012] [Subd. 21.] Lake Bemidji State Park, Beltrami County.
 71.19 	The following area is deleted from Lake Bemidji State Park, all in Beltrami County: that 
71.20 	part of Government Lot 5, Section 24, Township 147 North, Range 33 West, Beltrami 
71.21 	County, Minnesota described as follows: Commencing at the most easterly corner of Lot 
71.22 	2, Block 1, Shady Cove, according to the recorded plat thereof; thence northeasterly 
71.23 	along the northeasterly extension of the line between Lots 1 and 2, Block 1 in said plat, 
71.24 	a distance of 66.00 feet, to the point of beginning of the land to be described; thence 
71.25 	continuing along last described course a distance of 150.00 feet; thence deflecting to the 
71.26 	left 90 degrees 00 minutes 00 seconds, a distance of 607.70 feet; thence westerly along a 
71.27 	line perpendicular to the westerly boundary of said Government Lot 5 to the west line of 
71.28 	said Government Lot 5; thence South along the westerly boundary of said Government 
71.29 	Lot 5 to intersect a line 66.00 feet northeasterly of, as measured at a right angle to and 
71.30 	parallel with the northeasterly line of Block 1, said Shady Cove; thence southeasterly 
71.31 	along said parallel line to the point of beginning.
71.32 		Subd. 2.[85.012] [Subd. 24a.] Great River Bluffs State Park, Winona County.
 71.33 	The following areas are deleted from Great River Bluffs State Park, Winona County:
71.34 	(1) beginning at a point 200 feet West from the southeast corner of Lot 2, Section 26, 
71.35 	Township 106 North, Range 5 West; thence West on lot line between Lots 2 and 3, 380 
72.1 	feet; thence North 58 degrees East, 320 feet; thence South 32 degrees East, 205 feet to 
72.2 	place of beginning, containing 85/100 of an acre, more or less, Winona County, Minnesota;
72.3 	(2) commencing at a point 200 feet West from the northeast corner of Lot 3, Section 
72.4 	26, Township 106 North, Range 5 West; thence South 33 degrees East 300 feet; thence 
72.5 	South 58 degrees West 290 feet; thence North 32 degrees West, 490 feet to the lot line 
72.6 	between Lots 2 and 3; thence East 350 feet to the place of beginning, containing 3 acres, 
72.7 	more or less, Winona County, Minnesota;
72.8 	(3) that part of the recorded plat of East Richmond, Winona County, Minnesota, 
72.9 	lying within Section 27, Township 106 North, Range 5 West, that lies northwesterly of the 
72.10 	southeasterly line of Jefferson Street, as dedicated in said plat and that lies southwesterly 
72.11 	of the southwesterly right-of-way line of U.S. Highway No. 61;
72.12 	(4) Lots 7 and 8, Block B, of Fern Glen Acres, the same being located upon and 
72.13 	forming a part of Government Lot 1, Section 35; Lot 9 in Block B of Fern Glen Acres, 
72.14 	township of Richmond, according to the recorded plat thereof; beginning at the southeast 
72.15 	corner of Lot 9, Block B, Fern Glen Acres, South 33 degrees East 140 feet; thence South 
72.16 	70 degrees West 208 feet; thence North 33 degrees West 140 feet to the southwest line of 
72.17 	Lot 9, Block B, Fern Glen Acres; thence North 57 degrees East on the southwest line of 
72.18 	Lot 9, Block B, Fern Glen Acres, to place of beginning, all in Government Lot 1, Section 
72.19 	35, Township 106 North, Range 5 West, containing 3/4 acre more or less;
72.20 	(5) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona 
72.21 	County, Minnesota, which is more particularly bounded and described as follows, to wit: 
72.22 	Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen Acres; 
72.23 	thence in a northeasterly direction and along the southerly line of said Lot 9 for a distance 
72.24 	of 36.0 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of 107.81 feet 
72.25 	to an iron pipe which marks the point of beginning; thence continue in a southeasterly 
72.26 	direction along the last described course for a distance of 73.78 feet; thence deflect to 
72.27 	the left 9 degrees 04 minutes, for a distance of 32.62 feet; thence deflect to the right 90 
72.28 	degrees 00 minutes, for a distance of 73.23 feet; thence deflect to the right 89 degrees 20 
72.29 	minutes, for a distance of 104.04 feet; thence deflect to the right 9 degrees 44 minutes, for 
72.30 	a distance of 35.00 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of 
72.31 	64.75 feet; thence deflect to the right on a curve (Delta angle 90 degrees 00 minutes, radius 
72.32 	20.00 minutes) for an arc distance of 31.42 feet, more or less, to the point of beginning;
72.33 	(6) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona 
72.34 	County, Minnesota, which is more particularly bounded and described as follows: 
72.35 	Commencing at the southwest corner of Lot 9 of Block "B" of Fern Glen Acres; thence in 
72.36 	a northeasterly direction along the southerly line of said Lot 9, a distance of 56.00 feet; 
73.1 	thence at a deflection angle to the right of 90 degrees 00 minutes a distance of 180.00 feet 
73.2 	to an iron pipe monument which marks the point of beginning; thence at a deflection angle 
73.3 	to the left of 80 degrees 56 minutes 00 seconds a distance of 113.20 feet to the southerly 
73.4 	right-of-way of U.S. Highway No. 61; thence at a deflection angle to the right of 84 
73.5 	degrees 18 minutes 00 seconds and southeasterly along the southerly right-of-way line of 
73.6 	said U.S. Highway No. 61 a distance of 147.73 feet; thence at a deflection angle to the 
73.7 	right of 87 degrees 12 minutes 30 seconds a distance of 193.87 feet; thence at a deflection 
73.8 	angle to the right of 88 degrees 45 minutes 30 seconds a distance of 132.18 feet; thence at 
73.9 	a deflection angle to the right of 90 degrees 40 minutes 00 seconds a distance of 93.23 
73.10 	feet; thence at a deflection angle to the left of 90 degrees 00 minutes 00 seconds a distance 
73.11 	of 30.35 feet, more or less, to the point of beginning;
73.12 	(7) that part of Government Lot 1, Section 35, Township 106 North, Range 5 West, 
73.13 	Winona County, Minnesota, which is more particularly bounded and described as follows: 
73.14 	Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen 
73.15 	Acres; thence in a northeasterly direction along the southerly line of said Lot 9 a distance 
73.16 	of 56.00 feet; thence at a deflection angle to the right of 90 degrees 00 minutes a distance 
73.17 	of 180.00 feet; thence at a deflection angle to the left of 9 degrees 04 minutes 00 seconds a 
73.18 	distance of 164.29 feet to an iron pipe monument which marks the point of beginning; 
73.19 	thence at a deflection angle to the left of 89 degrees 25 minutes 30 seconds a distance 
73.20 	of 102.19 feet to the southerly right-of-way line of U.S. Highway No. 61; thence at a 
73.21 	deflection angle to the right of 92 degrees 47 minutes 30 seconds and southeasterly along 
73.22 	the southerly right-of-way line of said U.S. highway a distance of 85.10 feet; thence at a 
73.23 	deflection angle to the right of 87 degrees 12 minutes 30 seconds a distance of 187.89 feet; 
73.24 	thence at a deflection angle to the right of 88 degrees 45 minutes 30 seconds a distance of 
73.25 	85.02 feet; thence at a deflection angle to the right of 91 degrees 14 minutes 30 seconds a 
73.26 	distance of 91.68 feet, more or less, to the point of beginning;
73.27 	(8) that part of Government Lots 1 and 2, Section 35, Township 106, Range 5, 
73.28 	Winona County, Minnesota, described as follows: Commencing at the southwest corner of 
73.29 	Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees 
73.30 	East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an iron 
73.31 	pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe and the 
73.32 	point of beginning; thence South 48 degrees 30 minutes 30 seconds West 107.35 feet to 
73.33 	an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 12.11 
73.34 	feet; thence South 40 degrees 29 minutes 30 seconds East 100.7 feet; thence North 48 
73.35 	degrees 30 minutes 30 seconds East 17.83 feet to an iron pipe; thence continuing North 
73.36 	48 degrees 30 minutes 30 seconds East 111.83 feet to an iron pipe; thence continuing 
74.1 	North 48 degrees 30 minutes 30 seconds East 70.61 feet to an iron pipe at a point on the 
74.2 	southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence along 
74.3 	said southerly boundary line a chord distance of 100.7 feet on a bearing North 40 degrees 
74.4 	29 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 minutes 30 
74.5 	seconds West 80.54 feet to the point of beginning;
74.6 	(9) that part of Government Lots 1 and 2, Section 35, Township 106 North, Range 5 
74.7 	West, Winona County, Minnesota, described as follows: Commencing at the southwest 
74.8 	corner of Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 
74.9 	57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 
74.10 	feet to an iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron 
74.11 	pipe; thence South 46 degrees 06 minutes 30 seconds East 101.05 feet to an iron pipe being 
74.12 	the point of beginning; thence South 48 degrees 30 minutes 30 seconds West 111.83 feet to 
74.13 	an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 17.56 feet; 
74.14 	thence South 41 degrees 53 minutes East 192.4 feet; thence North 48 degrees 30 minutes 
74.15 	30 seconds East 94.05 feet to an iron pipe; thence continuing North 48 degrees 30 minutes 
74.16 	30 seconds East 105.95 feet to an iron pipe at a point on the southerly boundary line of 
74.17 	U.S. Highway No. 61 right-of-way; thence along said southerly boundary line a chord 
74.18 	distance of 192.4 feet on a bearing of North 41 degrees 53 minutes West to an iron pipe; 
74.19 	thence South 48 degrees 30 minutes 30 seconds West 70.61 feet to the point of beginning;
74.20 	(10) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, 
74.21 	Winona County, Minnesota described as follows: Commencing at the southwest corner of 
74.22 	Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees 
74.23 	East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an 
74.24 	iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet; thence South 46 
74.25 	degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe, the point of beginning; 
74.26 	thence North 48 degrees 30 minutes 30 seconds East 52.45 feet to an iron pipe at a point 
74.27 	on the southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence 
74.28 	along said southerly boundary line a chord distance of 76.80 feet on a bearing of North 
74.29 	43 degrees 09 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 
74.30 	minutes 30 seconds West 105.95 feet to an iron pipe; thence continuing South 48 degrees 
74.31 	30 minutes 30 seconds West 94.05 feet; thence South 43 degrees 09 minutes 30 seconds 
74.32 	East 76.80 feet; thence North 48 degrees 30 minutes 30 seconds East 55.93 feet to an iron 
74.33 	pipe; thence continuing North 48 degrees 30 minutes 30 seconds East 91.62 feet to the 
74.34 	point of beginning;
74.35 	(11) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, 
74.36 	Winona County, Minnesota described as follows: Commencing at the southwest corner of 
75.1 	Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 
75.2 	57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 
75.3 	feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe; 
75.4 	thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe which is 
75.5 	the point of beginning; thence South 48 degrees 30 minutes 30 seconds West and along the 
75.6 	south line of the property heretofore conveyed by Deed in Book 237 of Deeds on Page 
75.7 	693, for a distance of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East 
75.8 	127.91 feet; thence North 43 degrees 53 minutes 30 seconds East and along the northerly 
75.9 	line of the property heretofore conveyed by Deed to Vincent Zanon in Book 252 of Deeds 
75.10 	on page 663, for a distance of 200 feet, more or less, to the southerly right-of-way line of 
75.11 	U.S. Highway No. 61; thence North 44 degrees 38 minutes 48 seconds West and along 
75.12 	said southerly right-of-way line of U.S. Highway No. 61 for a distance of 111.94 feet to an 
75.13 	iron pipe in place at the southeast corner of the property heretofore conveyed by Deed in 
75.14 	Book 237 of Deeds on page 693; thence South 48 degrees 30 minutes 30 seconds West 
75.15 	52.45 feet, more or less, to the point of beginning;
75.16 	(12) that part of Government Lot 2, Section 35, Township 106 North, Range 5 
75.17 	West, Winona County, Minnesota, described as follows: Commencing at the southwest 
75.18 	corner of Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; 
75.19 	thence North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds 
75.20 	East 217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to 
75.21 	an iron pipe; thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron 
75.22 	pipe; thence South 48 degrees 30 minutes 30 seconds West and along the south line of the 
75.23 	property heretofore conveyed by Deed in Book 237 of Deeds on page 693, for a distance 
75.24 	of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East 127.91 feet to the 
75.25 	point of beginning; thence continuing South 44 degrees 33 minutes 19 seconds East 112 
75.26 	feet; thence North 43 degrees 53 minutes 30 seconds East and along the north line of the 
75.27 	property heretofore conveyed by Deed in Book 240 of Deeds on page 367, for a distance 
75.28 	of 200 feet to the southerly right-of-way line of U.S. Highway No. 61; thence North 44 
75.29 	degrees 38 minutes 48 seconds West and along the said southerly right-of-way line of 
75.30 	U.S. Highway No. 61 for a distance of 112 feet; thence South 43 degrees 53 minutes 30 
75.31 	seconds West for a distance of 200 feet, more or less, to the point of beginning; and
75.32 	(13) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, 
75.33 	Winona County, Minnesota, described as follows: Commencing at the southwest corner 
75.34 	of Lot 8, Block "B" of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence 
75.35 	North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 
75.36 	217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron 
76.1 	pipe; thence South 46 degrees 06 minutes 30 seconds East 599.10 feet to an iron pipe, the 
76.2 	point of beginning; thence North 43 degrees 53 minutes 30 seconds East 46.54 feet to a 
76.3 	point on the southerly boundary line of Trunk Highway No. 61 right-of-way; thence along 
76.4 	said southerly boundary line a chord distance of 73.05 feet, bearing South 46 degrees 00 
76.5 	minutes East; thence continuing along said southerly boundary line South 43 degrees 33 
76.6 	minutes West 10.0 feet; thence continuing along said southerly boundary line a chord 
76.7 	distance of 28.50 feet bearing South 46 degrees 30 minutes East; thence South 45 degrees 
76.8 	00 minutes West 41.95 feet to an iron pipe in place; thence South 33 degrees 32 minutes 
76.9 	West 255.0 feet; thence North 43 degrees 30 minutes 22 seconds West 146.84 feet; thence 
76.10 	North 43 degrees 53 minutes 30 seconds East 184.1 feet to an iron pipe; thence North 43 
76.11 	degrees 53 minutes 30 seconds East 65.9 feet to the point of beginning.

76.12 	Sec. 12. WIND ENERGY LEASE.
 76.13 	By August 30, 2009, the commissioner of natural resources must enter a 30-year 
76.14 	lease of state land, according to Minnesota Statutes, section 92.502, paragraph (b), with 
76.15 	the Mountain Iron Economic Development Authority for installation of up to four wind 
76.16 	turbines and access roads. The land covered by the lease is located in St. Louis County 
76.17 	and is described as: the South Half of Section 16, Township 59 North, Range 15 West.

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

76.19 	Sec. 13. LAKE VERMILION EASEMENTS.
 76.20 	By July 30, 2009, the commissioner of natural resources shall grant easements 
76.21 	across state land administered by the commissioner to private landowners on Bass Bay on 
76.22 	the north shore of Lake Vermilion to access Mud Creek Road (County Highway 408). 
76.23 	Prior to granting an easement under this section, the commissioner shall comply with 
76.24 	any applicable environmental review requirements in effect on the effective date of this 
76.25 	section. If the commissioner has already prepared an environmental assessment worksheet 
76.26 	for a proposed easement to which this section applies, further environmental review is 
76.27 	not required by this section. A landowner granted an easement under this section shall 
76.28 	grant a reciprocal easement to the state.

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

76.30 	Sec. 14. VETERANS CEMETERY.
 77.1 	The commissioner of natural resources shall work with the commissioner of 
77.2 	veterans affairs to locate sites throughout the state that would be appropriate for a new 
77.3 	veterans cemetery.

77.4 	Sec. 15. SIGNS.
 77.5 	The commissioner of natural resources shall adopt a suitable marking design to 
77.6 	mark the C. J. Ramstad/Northshore Trail and shall erect the appropriate signs after the 
77.7 	commissioner has been assured of the availability of funds from nonstate sources sufficient 
77.8 	to pay all costs related to designing, erecting, and maintaining the signs.

77.9 	ARTICLE 4
77.10 	LAND SALES

77.11 	Section 1. Laws 2007, chapter 131, article 2, section 38, is amended to read:
77.12 	Sec. 38. PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND 
77.13 	BORDERING PUBLIC WATER; WASHINGTON COUNTY.
 77.14 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
77.15 	commissioner of natural resources may sell by public or private sale the surplus land 
77.16 	bordering public water that is described in paragraph (c).
77.17 	(b) The conveyance must be in a form approved by the attorney general. The 
77.18 	attorney general may make necessary changes to the legal description to correct errors 
77.19 	and ensure accuracy. If sold by private sale, the commissioner may only sell the land to a 
77.20 	governmental subdivision of the state. If sold by private sale, the conveyance may be for 
77.21 	less than the value of the land as determined by the commissioner, but the conveyance 
77.22 	must provide that the land be used for the public and reverts to the state if the governmental 
77.23 	subdivision fails to provide for public use or abandons the public use of the land.
77.24 	(c) The land that may be sold is located in Washington County and is described as 
77.25 	follows, Parcels A and B containing altogether 31.55 acres, more or less:
77.26 	(1) Parcel A: all that part of the North Half of the Southeast Quarter, Section 
77.27 	30, Township 30 North, Range 20 West, bounded by the following described lines: 
77.28 	commencing at the east quarter corner of said Section 30; thence on an assumed bearing 
77.29 	of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west 
77.30 	quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13 
77.31 	minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence 
77.32 	South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 
77.33 	line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet 
78.1 	on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes 
78.2 	26 seconds East, 1378.11 feet to the point of beginning; and 
78.3 	(2) Parcel B: all that part of the North Half of the Southeast Quarter, Section 
78.4 	30, Township 30 North, Range 20 West, bounded by the following described lines: 
78.5 	commencing at the east quarter corner of said Section 30; thence on an assumed bearing 
78.6 	of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter 
78.7 	line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26 
78.8 	seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence 
78.9 	North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line; 
78.10 	thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02 
78.11 	degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes 19 
78.12 	seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30; 
78.13 	thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west 
78.14 	quarter line to the point of beginning. 
78.15 	(d) The land borders Long Lake and is not contiguous to other state lands. The 
78.16 	land was donated to the state with the understanding that the land would be used as a 
78.17 	wildlife sanctuary. The Department of Natural Resources has determined that the land is 
78.18 	not needed for natural resource purposes.

78.19 	Sec. 2. Laws 2008, chapter 368, article 1, section 34, is amended to read:
78.20 	Sec. 34. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN 
78.21 	COUNTY.
 78.22 	(a) Notwithstanding Minnesota Statutes, sections 94.09and 94.10 to 94.16, the 
78.23 	commissioner of natural resources may sell by private sale shall sell to the city of Wayzata 
78.24 	the surplus land that is described in paragraph (c) upon verification that the city has 
78.25 	acquired the adjacent parcel, currently occupied by a gas station.
78.26 	(b) The conveyance must be in a form approved by the attorney general. The 
78.27 	attorney general may make necessary changes to the legal description to correct errors and 
78.28 	ensure accuracy. The commissioner may sell the land described in paragraph (c) to the 
78.29 	city of Wayzata, for less than the value of the land as determined by the commissioner up 
78.30 	to $75,000 plus transaction costs, but the conveyance must provide that the land described 
78.31 	in paragraph (c) be used for the a public road and reverts to the state if the city of Wayzata 
78.32 	fails to provide for public use of the land as a road or abandons the public use of the land.
78.33 	(c) The land that may be sold is located in Hennepin County and is described as: 
78.34 	Tract F, Registered Land Survey No. 1168.
79.1 	(d) The Department of Natural Resources has determined that the state's land 
79.2 	management interests would best be served if the land was conveyed to the city of 
79.3 	Wayzata.

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

79.5 	Sec. 3. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
79.6 	WATER; AITKIN COUNTY.
 79.7 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
79.8 	resources may sell by public sale the surplus land bordering public water that is described 
79.9 	in paragraph (c).
79.10 	(b) The conveyance must be in a form approved by the attorney general. The 
79.11 	attorney general may make necessary changes to the legal description to correct errors 
79.12 	and ensure accuracy.
79.13 	(c) The land that may be sold is located in Aitkin County and is described as:
79.14 	(1) parts of Government Lot 3, Section 33, and the Southeast Quarter of the 
79.15 	Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, Aitkin County, 
79.16 	Minnesota, described as follows:
79.17 	Commencing at the north quarter corner of said Section 33; thence South 88 degrees 
79.18 	07 minutes 19 seconds West, assumed bearing, along the northerly line of said 
79.19 	Government Lot 3, a distance of 1020.00 feet to the point of beginning of the tract to 
79.20 	herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 feet; 
79.21 	thence South 88 degrees 07 minutes 19 seconds West 300 feet; thence South 1 degree 
79.22 	52 minutes 41 seconds East 660.00 feet to the northerly line of said Government Lot 
79.23 	3; thence South 88 degrees 07 minutes 19 seconds West 15.08 feet to the northwest 
79.24 	corner of said Government Lot 3; thence South 1 degree 08 minutes 57 seconds East 
79.25 	326.00 feet, more or less, to the shoreline of Big Sandy Lake Reservoir; thence 
79.26 	easterly along the said shoreline to a point which bears South 1 degree 52 minutes 
79.27 	41 seconds East from the point of beginning; thence North 1 degree 52 minutes 41 
79.28 	seconds West 330.00 feet, more or less, to the point of beginning of the tract to 
79.29 	herein be described and there terminating, containing 3.89 acres, more or less; and
79.30 	(2) those parts of Government Lot 3, Section 33 and the Southeast Quarter of the 
79.31 	Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, described 
79.32 	as follows:
79.33 	Commencing at the north quarter corner of said Section 33; thence South 88 degrees 
79.34 	07 minutes 19 seconds West, assumed bearing, along the northerly line of said 
79.35 	Government Lot 3, a distance of 920.00 feet to the point of beginning of the tract 
80.1 	to herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 
80.2 	feet; thence South 88 degrees 07 minutes 19 seconds West 100.00 feet; thence South 
80.3 	1 degree 52 minutes 41 seconds East 990.00 feet, more or less, to the shoreline of 
80.4 	Big Sandy Lake Reservoir; thence easterly along the said shoreline to a point which 
80.5 	bears South 1 degree 52 minutes 41 seconds East from the point of beginning; thence 
80.6 	North 1 degree 52 minutes 41 seconds West 341.60 feet, more or less, to the point of 
80.7 	beginning of the tract to herein be described and there terminating.
80.8 	(d) The land borders Big Sandy Lake. The Department of Natural Resources has 
80.9 	determined that the land is not needed for natural resource purposes.

80.10 	Sec. 4. PRIVATE SALE OF SURPLUS STATE LAND; ANOKA COUNTY.
 80.11 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
80.12 	of natural resources may sell by private sale to the city of Ham Lake the surplus land 
80.13 	that is described in paragraph (c).
80.14 	(b) The conveyance must be in a form approved by the attorney general. The 
80.15 	attorney general may make necessary changes to the legal description to correct errors 
80.16 	and ensure accuracy.
80.17 	(c) The land that may be sold is located in Anoka County and is described as:
80.18 	That part of Government Lot 1, Section 20, Township 32 North, Range 23 West, 
80.19 	described as follows: beginning at the quarter corner on the east line of Section 
80.20 	20, thence northerly along the east line of said Section 20, a distance of 1,250 
80.21 	feet; thence westerly and parallel to the east and west quarter line of Section 20, a 
80.22 	distance of 400 feet; thence southerly and parallel to the east line of Section 20, a 
80.23 	distance of 750 feet; thence westerly and parallel to the east and west quarter line 
80.24 	of Section 20, a distance of 750 feet; thence southerly and parallel to the east line 
80.25 	of Section 20, a distance of 500 feet, to the east and west quarter line of Section 
80.26 	20; thence easterly along the quarter line a distance of 1,150 feet to the point of 
80.27 	beginning, containing 20 acres, more or less.
80.28 	(d) The city of Ham Lake currently leases the state land for a hiking trail in 
80.29 	connection with Anoka County's management of adjacent public lands used for a 
80.30 	county park. The Department of Natural Resources has determined that the state's land 
80.31 	management interests would best be served if the land was conveyed to the city of Ham 
80.32 	Lake.
80.33 	(e) The city will use the land for the purpose of a public park.

81.1 	Sec. 5. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
81.2 	WATER; BELTRAMI COUNTY.
 81.3 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
81.4 	resources may sell by public sale the surplus land bordering public water that is described 
81.5 	in paragraph (c).
81.6 	(b) The conveyance must be in a form approved by the attorney general. The 
81.7 	attorney general may make necessary changes to the legal description to correct errors 
81.8 	and ensure accuracy.
81.9 	(c) The land that may be sold is located in Beltrami County and is described as: 
81.10 	Government Lot 7, Section 25, Township 149 North, Range 33 West, containing 22 acres, 
81.11 	more or less.
81.12 	(d) The land borders Bass Lake. The Department of Natural Resources has 
81.13 	determined that the land is not needed for natural resource purposes.

81.14 	Sec. 6. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
81.15 	WATER; BELTRAMI COUNTY.
 81.16 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
81.17 	resources may sell by public sale the surplus land bordering public water that is described 
81.18 	in paragraph (c).
81.19 	(b) The conveyance must be in a form approved by the attorney general. The 
81.20 	attorney general may make necessary changes to the legal description to correct errors 
81.21 	and ensure accuracy.
81.22 	(c) The land that may be sold is located in Beltrami County and is described as: the 
81.23 	West Half of the Northwest Quarter, Section 29, Township 147 North, Range 34 West, 
81.24 	containing 80 acres, more or less.
81.25 	(d) The land borders Grant Creek. The Department of Natural Resources has 
81.26 	determined that the land is not needed for natural resource purposes.

81.27 	Sec. 7. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
81.28 	WATER; CASS COUNTY.
 81.29 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
81.30 	resources may sell by public sale the surplus land bordering public water that is described 
81.31 	in paragraph (c).
81.32 	(b) The conveyance must be in a form approved by the attorney general. The 
81.33 	attorney general may make necessary changes to the legal description to correct errors 
81.34 	and ensure accuracy.
82.1 	(c) The land that may be sold is located in Cass County and is described as: Lot 21 
82.2 	of Longwood Point, according to the map or plat thereof on file and of record in the Office 
82.3 	of the County Recorder in and for Cass County, Minnesota, in Section 5, Township 139 
82.4 	North, Range 26 West, containing 3.03 acres, more or less.
82.5 	(d) The land borders Washburn Lake. The Department of Natural Resources has 
82.6 	determined that the land is not needed for natural resource purposes.

82.7 	Sec. 8. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
82.8 	WATER; CASS COUNTY.
 82.9 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
82.10 	resources may sell by public sale the surplus land bordering public water that is described 
82.11 	in paragraph (c).
82.12 	(b) The conveyance must be in a form approved by the attorney general. The 
82.13 	attorney general may make necessary changes to the legal description to correct errors 
82.14 	and ensure accuracy.
82.15 	(c) The land that may be sold is located in Cass County and is described as: 
82.16 	Government Lots 5 and 6, Section 3, Township 141 North, Range 27 West, containing 
82.17 	81.15 acres, more or less.
82.18 	(d) The land borders Mable Lake and is not contiguous to other state lands. The 
82.19 	Department of Natural Resources has determined that the land is not needed for natural 
82.20 	resource purposes.

82.21 	Sec. 9. PRIVATE SALE OF SURPLUS LAND; CLEARWATER COUNTY.
 82.22 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
82.23 	of natural resources may sell by private sale the surplus land that is described in paragraph 
82.24 	(c).
82.25 	(b) The conveyance must be in a form approved by the attorney general. The 
82.26 	attorney general may make necessary changes to the legal description to correct errors and 
82.27 	ensure accuracy. The commissioner may sell the land to the White Earth Band of Ojibwe 
82.28 	for less than the value of the land as determined by the commissioner, but the conveyance 
82.29 	must provide that the land be used for the public and reverts to the state if the band fails 
82.30 	to provide for public use or abandons the public use of the land. The conveyance may 
82.31 	reserve an easement for ingress and egress.
82.32 	(c) The land that may be sold is located in Clearwater County and is described as: 
82.33 	the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145 
82.34 	North, Range 38 West, containing 6.89 acres, more or less.
83.1 	(d) The Department of Natural Resources has determined that the land and building 
83.2 	are no longer needed for natural resource purposes.

83.3 	Sec. 10. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
83.4 	WATER; CROW WING COUNTY.
 83.5 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
83.6 	resources may sell by public sale the surplus land bordering public water that is described 
83.7 	in paragraph (c).
83.8 	(b) The conveyance must be in a form approved by the attorney general. The 
83.9 	attorney general may make necessary changes to the legal description to correct errors 
83.10 	and ensure accuracy.
83.11 	(c) The land that may be sold is located in Crow Wing County and is described as:
83.12 	(1) Government Lot 3, Section 9, Township 136 North, Range 28 West, containing 
83.13 	39.25 acres, more or less; and
83.14 	(2) Government Lot 2, Section 9, Township 136 North, Range 28 West, containing 
83.15 	25.3 acres, more or less.
83.16 	(d) The land borders Shaffer Lake and is not contiguous to other state lands. The 
83.17 	Department of Natural Resources has determined that the land is not needed for natural 
83.18 	resource purposes.

83.19 	Sec. 11. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
83.20 	WATER; CROW WING COUNTY.
 83.21 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
83.22 	resources may sell by public sale the surplus land bordering public water that is described 
83.23 	in paragraph (c).
83.24 	(b) The conveyance must be in a form approved by the attorney general. The 
83.25 	attorney general may make necessary changes to the legal description to correct errors 
83.26 	and ensure accuracy.
83.27 	(c) The land that may be sold is located in Crow Wing County and is described 
83.28 	as: the North 1,000 feet of Government Lot 3, Section 25, Township 136 North, Range 
83.29 	27 West, excepting that portion which lies North and East of F.A.S #11, containing 32 
83.30 	acres, more or less.
83.31 	(d) The land borders the Pine River. The Department of Natural Resources has 
83.32 	determined that the land is not needed for natural resource purposes.

84.1 	Sec. 12. CITY OF EAGAN; AUTHORITY TO EXCHANGE LAND; DAKOTA 
84.2 	COUNTY.
 84.3 	The portion of land conveyed to the city of Eagan under Laws 1995, chapter 159, 
84.4 	now described as Parcel No. 10-30601-090-00, Outlot I, Gopher Eagan Industrial Park 2nd 
84.5 	Addition, may be used for a colocation facility that provides secured space for public and 
84.6 	private Internet and telecommunications network equipment and servers, notwithstanding 
84.7 	the provision that the land reverts to the state if it is not used for public park or open space 
84.8 	purposes. The commissioner of revenue is authorized to issue a state deed that provides 
84.9 	for the land described above to be used for this purpose. The colocation facility must not 
84.10 	be used by the municipality to provide voice, video, or Internet access services to the 
84.11 	residents or businesses located in the city of Eagan. Nothing in this section is intended to 
84.12 	restrict or limit the city of Eagan from communicating with its residents and businesses 
84.13 	regarding governmental information and providing for the delivery of electronic services. 

84.14 	Sec. 13. PRIVATE SALE OF SURPLUS LAND; FILLMORE COUNTY.
 84.15 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
84.16 	of natural resources may sell by private sale the surplus land that is described in paragraph 
84.17 	(c).
84.18 	(b) The conveyance must be in a form approved by the attorney general. The 
84.19 	attorney general may make necessary changes to the legal description to correct errors 
84.20 	and ensure accuracy.
84.21 	(c) The land that may be sold is located in Fillmore County and is described as:
84.22 	That part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 
84.23 	103 North, Range 10 West, described as follows: commencing at the northeast 
84.24 	corner of the North Half of the Northwest Quarter of said Section 2; thence on 
84.25 	an assumed bearing of South 89 degrees 22 minutes 48 seconds West, along the 
84.26 	north line of said North Half of the Northwest Quarter, 500.09 feet; thence South 
84.27 	33 degrees 21 minutes 11 seconds West, 1,520.38 feet; thence North 00 degrees 
84.28 	37 minutes 12 seconds West, 540.85 feet; thence south 89 degrees 22 minutes 48 
84.29 	seconds West, 630.00 feet to the point of beginning of the land to be described; 
84.30 	thence North 00 degrees 37 minutes 12 seconds West, 551.74 feet to the center line 
84.31 	of Goodview Drive; thence North 89 degrees 03 minutes 27 seconds West, along 
84.32 	said center line 77.26 feet; thence South 89 degrees 52 minutes 18 seconds West, 
84.33 	along said center line, 162.78 feet; thence South 25 degrees 32 minutes 45 seconds 
84.34 	West, 82.13 feet; thence South 20 degrees 17 minutes 19 seconds West, 169.57 
84.35 	feet; thence South 18 degrees 48 minutes 07 seconds West, 143.54 feet; thence 
85.1 	South 26 degrees 31 minutes 49 seconds West, 211.00 feet; thence North 89 degrees 
85.2 	22 minutes 48 seconds East, 480.75 feet to the point of beginning. Subject to the 
85.3 	right-of-way of said Goodview Drive. Containing 4.53 acres, more or less.
85.4 	(d) The sale would be to the Eagle Bluff Environmental Learning Center for 
85.5 	installation of a geothermal heating system for the center's adjacent educational facilities. 
85.6 	The Department of Natural Resources has determined that the land is not needed for 
85.7 	natural resource purposes.

85.8 	Sec. 14. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
85.9 	WATER; HENNEPIN COUNTY.
 85.10 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
85.11 	commissioner of natural resources may sell by private sale to the city of St. Louis Park the 
85.12 	surplus land that is described in paragraph (c).
85.13 	(b) The conveyance must be in a form approved by the attorney general. The 
85.14 	attorney general may make necessary changes to the legal description to correct errors and 
85.15 	ensure accuracy. The commissioner may sell to the city of St. Louis Park for less than the 
85.16 	value of the land as determined by the commissioner, but the conveyance must provide 
85.17 	that the land described in paragraph (c) be used for the public and reverts to the state if the 
85.18 	city of St. Louis Park fails to provide for public use or abandons the public use of the land.
85.19 	(c) The land that may be sold is located in Hennepin County and is described as:
85.20 	A strip of land 130 feet wide in the Southeast Quarter of the Northwest Quarter of 
85.21 	Section 20, Township 117 North, Range 21 West, the center line of which strip 
85.22 	has its beginning at a point on the west boundary of said Southeast Quarter of the 
85.23 	Northwest Quarter, and 753.8 feet distant from the south boundary line of said 
85.24 	Southeast Quarter of the Northwest Quarter, and continued thence east on a line 
85.25 	parallel with the south boundary line of said Southeast Quarter of the Northwest 
85.26 	Quarter for a distance of 1,012 feet, containing 3.02 acres, more or less.
85.27 	(d) The land is adjacent to Minnehaha Creek and adjacent to other lands managed 
85.28 	by the city of St. Louis Park. The Department of Natural Resources has determined that 
85.29 	the state's land management interest would best be served if the land were conveyed to 
85.30 	the city of St. Louis Park.

85.31 	Sec. 15. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
85.32 	WATER; HUBBARD COUNTY.
 86.1 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
86.2 	resources may sell by public sale the surplus land bordering public water that is described 
86.3 	in paragraph (c).
86.4 	(b) The conveyance must be in a form approved by the attorney general. The 
86.5 	attorney general may make necessary changes to the legal description to correct errors 
86.6 	and ensure accuracy.
86.7 	(c) The land that may be sold is located in Hubbard County and is described as: those 
86.8 	parts of Government Lot 4 and the Southwest Quarter of the Southwest Quarter, Section 
86.9 	16, Township 143 North, Range 34 West, Hubbard County, Minnesota, lying southerly 
86.10 	and easterly of Minnesota Department of Transportation Right-of-Way Plat Numbered 
86.11 	29-18 and Minnesota Department of Transportation Right-of-Way Plat Numbered 29-2 
86.12 	as the same is on file and of record in the Office of the County Recorder for Hubbard 
86.13 	County, Minnesota, and lying westerly of the East 600 feet of said Government Lot 4, 
86.14 	containing 14.6 acres, more or less.
86.15 	(d) The land borders Lake Paine. The Department of Natural Resources has 
86.16 	determined that the land is not needed for natural resource purposes.

86.17 	Sec. 16. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
86.18 	WATER; ITASCA COUNTY.
 86.19 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
86.20 	resources may sell by public sale the surplus land bordering public water that is described 
86.21 	in paragraph (c).
86.22 	(b) The conveyance must be in a form approved by the attorney general. The 
86.23 	attorney general may make necessary changes to the legal description to correct errors 
86.24 	and ensure accuracy.
86.25 	(c) The land that may be sold is located in Itasca County and is described as: Lot 
86.26 	23, Eagle Point Plat, Section 11, Township 59 North, Range 25 West, containing 0.31 
86.27 	acres, more or less.
86.28 	(d) The land borders Eagle Lake and is not contiguous to other state lands. The 
86.29 	Department of Natural Resources has determined that the land is not needed for natural 
86.30 	resource purposes.

86.31 	Sec. 17. APPORTIONMENT OF PROCEEDS; TAX-FORFEITED LANDS; 
86.32 	ITASCA COUNTY.
 86.33 	Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other 
86.34 	law relating to the apportionment of proceeds from the sale of tax-forfeited land, Itasca 
87.1 	County may deposit proceeds from the sale of tax-forfeited lands into a tax-forfeited 
87.2 	land replacement trust fund created in Laws 2006, chapter 236, article 1, section 43, as 
87.3 	amended by Laws 2008, chapter 368, article 1, section 18. The principal and interest from 
87.4 	these proceeds may be spent only on the purchase of lands to replace the tax-forfeited 
87.5 	lands sold to Minnesota Steel Industries or for lands better suited for retention by Itasca 
87.6 	County. Lands purchased with the land replacement fund must:
87.7 	(1) become subject to a trust in favor of the governmental subdivision wherein they 
87.8 	lie and all laws related to tax-forfeited lands; and
87.9 	(2) be for forest management purposes and dedicated as memorial forest under 
87.10 	Minnesota Statutes, section 459.06, subdivision 2.

87.11 	Sec. 18. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
87.12 	WATER; KITTSON COUNTY.
 87.13 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
87.14 	Kittson County  may sell the tax-forfeited land bordering public water that is described in 
87.15 	paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
87.16 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
87.17 	general may make changes to the land description to correct errors and ensure accuracy.
87.18 	(c) The land to be sold is located in Kittson County and is described as: that certain 
87.19 	parcel situate in the Southwest Quarter of Section 10; Township 163 North, Range 48 
87.20 	West, described as follows: beginning at the southeast corner of said Southwest Quarter 
87.21 	of said Section 10; thence West along the south boundary line of said Southwest Quarter 
87.22 	a distance of 1,900 feet; thence North and parallel to the east boundary line of said 
87.23 	Southwest Quarter a distance of 1,050 feet; thence East and parallel to the south boundary 
87.24 	line of said Southwest Quarter a distance of 750 feet; thence southeasterly in a straight 
87.25 	line to the point of beginning.

87.26 	Sec. 19. PRIVATE SALE OF SURPLUS STATE LAND; MURRAY COUNTY.
 87.27 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
87.28 	of natural resources may sell by private sale to the township of Murray the surplus land 
87.29 	that is described in paragraph (c).
87.30 	(b) The conveyance must be in a form approved by the attorney general and may be 
87.31 	for consideration less than the appraised value of the land. The attorney general may make 
87.32 	necessary changes to the legal description to correct errors and ensure accuracy.
87.33 	(c) The land to be sold is located in Murray County and is described as: that part of 
87.34 	Government Lot 6, that part of Government Lot 7, and that part of Government Lot 8 of 
88.1 	Section 6, Township 107 North, Range 40 West, and that part of Government Lot 1 and 
88.2 	that part of Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray 
88.3 	County, Minnesota, described as follows: Commencing at the east quarter corner of said 
88.4 	Section 6; thence on a bearing based on the 1983 Murray County Coordinate System (1996 
88.5 	Adjustment), of South 00 degrees 17 minutes 23 seconds East 1247.75 feet along the east 
88.6 	line of said Section 6; thence South 88 degrees 39 minutes 00 seconds West 1942.74 feet; 
88.7 	thence South 03 degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of 
88.8 	Block 5 of FORMAN ACRES, according to the recorded plat thereof on file and of record 
88.9 	in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00 seconds 
88.10 	West 525.30 feet along the easterly line of said Block 5 and along the easterly line of the 
88.11 	private roadway of FORMAN ACRES to the southeasterly corner of said private roadway 
88.12 	and the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 
88.13 	796.30 feet along the southerly line of said private roadway to an angle point on said line 
88.14 	and an existing 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds 
88.15 	West 100.06 feet along the southerly line of said private roadway to an angle point on said 
88.16 	line and an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds 
88.17 	West 279.60 feet along the southerly line of said private roadway to an angle point on said 
88.18 	line; thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly 
88.19 	line of said private roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN 
88.20 	DNR LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 
88.21 	470.40 feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 
88.22 	feet to a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to 
88.23 	a DNR MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east 
88.24 	line of Lot A of Lot 1 of LOT A OF GOVERNMENT LOT 8, OF SECTION 6 AND LOT 
88.25 	A OF GOVERNMENT LOT 1, OF SECTION 7, TOWNSHIP 107, RANGE 40, according 
88.26 	to the recorded plat thereof on file and of record in the Murray County Recorder's Office 
88.27 	and a DNR MON; thence South 14 degrees 28 minutes 55 seconds West 71.98 feet along 
88.28 	the east line of said Lot A to the northerly most corner of Lot 36 of HUDSON ACRES, 
88.29 	according to the record plat thereof on file and of record in the Murray County Recorder's 
88.30 	Office and an existing steel fence post; thence South 51 degrees 37 minutes 05 seconds 
88.31 	East 418.97 feet along the northeasterly line of said Lot 36 and along the northeasterly line 
88.32 	of Lots 35, 34, 33, 32 of HUDSON ACRES to an existing 1-inch inside diameter iron 
88.33 	pipe marking the easterly most corner of Lot 32 and the most northerly corner of Lot 31A 
88.34 	of HUDSON ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26 feet 
88.35 	along the northeasterly line of said Lot 31A to an existing 1 1/2-inch inside diameter iron 
88.36 	pipe marking the easterly most corner thereof and the most northerly corner of Lot 31 of 
89.1 	HUDSON ACRES; thence South 33 degrees 53 minute 30 seconds East 224.96 feet along 
89.2 	the northeasterly line of said Lot 31 and along the northeasterly line of Lots 30 and 29 of 
89.3 	HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly 
89.4 	most corner of said Lot 29 and the most northerly corner of Lot 28 of HUDSON ACRES; 
89.5 	thence South 45 degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly 
89.6 	line of said Lot 28 and along the northeasterly line of Lots 27, 26, 25, 24 of HUDSON 
89.7 	ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most 
89.8 	corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON ACRES; 
89.9 	thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the northeasterly 
89.10 	line of said Lot 23 and along the northeasterly line of Lots 22 and 21 of HUDSON ACRES 
89.11 	to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said 
89.12 	Lot 21 and the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39 
89.13 	degrees 49 minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20 
89.14 	and along the northeasterly line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to 
89.15 	an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said 
89.16 	Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55 
89.17 	degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly line of said Lot 13 
89.18 	and along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing 1 
89.19 	1/2-inch inside diameter iron pipe marking the easterly most corner of said Lot 11 and the 
89.20 	northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees 03 minutes 
89.21 	49 seconds East 224.90 feet along the north line of said Lot 10 and along the north line 
89.22 	of Lots 9 and 8 of HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe 
89.23 	marking the northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON 
89.24 	ACRES; thence North 84 degrees 07 minutes 37 seconds East 525.01 feet along the north 
89.25 	line of said Lot 7 and along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to 
89.26 	an existing 1 1/2-inch inside diameter iron pipe marking the northeast corner of said Lot 1 
89.27 	of HUDSON ACRES; thence southeasterly, easterly, and northerly along a nontangential 
89.28 	curve concave to the North having a radius of 50.00 feet, central angle 138 degrees 42 
89.29 	minutes 00 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 
89.30 	seconds East; thence continuing northwesterly and westerly along the previously described 
89.31 	curve concave to the South having a radius of 50.00 feet, central angle 138 degrees 42 
89.32 	minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 
89.33 	seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not 
89.34 	tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 
89.35 	seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds 
89.36 	West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 
90.1 	530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 
90.2 	feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet 
90.3 	to a DNR MON; thence North 33 degrees 53 minutes 30 seconds West 226.66 feet to a 
90.4 	DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR 
90.5 	MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; 
90.6 	thence North 24 degrees 09 minutes 57 seconds East 257.86 feet to a DNR MON; thence 
90.7 	North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North 
90.8 	76 degrees 04 minutes 52 seconds East 715.53 feet to a DNR MON; thence North 33 
90.9 	degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 
90.10 	28 minutes 26 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 
90.11 	minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes 
90.12 	07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres.
90.13 	(d) The Department of Natural Resources has determined that the state's land 
90.14 	management interests would best be served if the lands were conveyed to the township 
90.15 	of Murray.

90.16 	Sec. 20. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC 
90.17 	WATER; RED LAKE COUNTY.
 90.18 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
90.19 	and the public sale provisions of Minnesota Statutes, chapter 282, Red Lake County may 
90.20 	convey to the city of Red Lake Falls for no consideration the tax-forfeited land bordering 
90.21 	public water that is described in paragraph (c).
90.22 	(b) The conveyance must be in a form approved by the attorney general and provide 
90.23 	that the land reverts to the state if the city of Red Lake Falls fails to provide for the public 
90.24 	use described in paragraph (d) or abandons the public use of the land. The attorney general 
90.25 	may make necessary changes to the legal description to correct errors and ensure accuracy.
90.26 	(c) The land that may be conveyed is located in Red Lake County and is described as 
90.27 	follows: all that part of Block 5 which lies North of Block 6 and West of a line which 
90.28 	is a projection northerly of the west line of Lot 11 of said Block 6, all in Mill Reserve 
90.29 	Addition, containing approximately 500 feet frontage on the Clearwater River.
90.30 	(d) The city will use the land to establish a public park.

90.31 	Sec. 21. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
90.32 	WATER; ST. LOUIS COUNTY.
 91.1 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
91.2 	resources may sell by public sale the surplus land bordering public water that is described 
91.3 	in paragraph (c).
91.4 	(b) The conveyance must be in a form approved by the attorney general. The 
91.5 	attorney general may make necessary changes to the legal description to correct errors 
91.6 	and ensure accuracy.
91.7 	(c) The land that may be sold is located in St. Louis County and is described as: 
91.8 	Government Lot 4, Section 36, Township 58 North, Range 16 West, St. Louis County, 
91.9 	Minnesota, EXCEPTING therefrom that part platted as SILVER LAKE SHORES 
91.10 	according to the plat on file and of record in the Office of the Recorder for St. Louis 
91.11 	County, Minnesota, containing 7.88 acres, more or less.
91.12 	(d) The land borders Silver Lake and is not contiguous to other state lands. The 
91.13 	Department of Natural Resources has determined that the land is not needed for natural 
91.14 	resource purposes.

91.15 	Sec. 22. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
91.16 	WATER; ST. LOUIS COUNTY.
 91.17 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
91.18 	resources may sell by public sale the surplus land bordering public water that is described 
91.19 	in paragraph (c).
91.20 	(b) The conveyance must be in a form approved by the attorney general. The 
91.21 	attorney general may make necessary changes to the legal description to correct errors 
91.22 	and ensure accuracy. The commissioner may not sell any part of the land described in 
91.23 	paragraph (c) that is being used for airport purposes by the city of Eveleth or is proposed 
91.24 	to be used for airport purposes by the city of Eveleth.
91.25 	(c) The land that may be sold is located in St. Louis County and is described as: 
91.26 	the Northeast Quarter of the Northwest Quarter, Section 16, Township 57 North, Range 
91.27 	17 West, St. Louis County, Minnesota, except that part of the North 10 feet thereof lying 
91.28 	East of St. Mary's Lake and also except that part lying East of County State-Aid Highway 
91.29 	132, containing 26.5 acres, more or less.
91.30 	(d) The land borders St. Mary's Lake and is not contiguous to other state lands. The 
91.31 	Department of Natural Resources has determined that the land is not needed for natural 
91.32 	resource purposes.

91.33 	Sec. 23. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
 92.1 	(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, 
92.2 	or other law to the contrary, St. Louis County shall sell by private sale the tax-forfeited 
92.3 	land described in paragraph (c) to the nearest private landowner who has owned proximate 
92.4 	land for at least 70 years.
92.5 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
92.6 	general may make changes to the land description to correct errors and ensure accuracy.
92.7 	(c) The land to be sold is located in St. Louis County and is described as: Lots 150 
92.8 	and 151, NE NA MIK KA TA, town of Breitung, Section 6, Township 62 North, Range 
92.9 	15 West.
92.10 	(d) The county has determined that the county's land management interests would 
92.11 	best be served if the lands were returned to private ownership.

92.12 	Sec. 24. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
92.13 	WATER; ST. LOUIS COUNTY.
 92.14 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
92.15 	St. Louis County may sell the tax-forfeited land bordering public water that is described 
92.16 	in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
92.17 	(b) The conveyances must be in a form approved by the attorney general. The 
92.18 	attorney general may make changes to the land description to correct errors and ensure 
92.19 	accuracy. The conveyances must include any easements or deed restrictions specified in 
92.20 	paragraph (c).
92.21 	(c) The lands to be sold are located in St. Louis County and are described as:
92.22 	(1) the East Half of the East Half of the Southwest Quarter of the Southwest Quarter, 
92.23 	Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, 
92.24 	for no consideration, an easement to the state that is 75 feet in width on each side of the 
92.25 	centerline of East Branch Chester Creek, to provide riparian protection and angler access;
92.26 	(2) the East Half of the East Half of the Southeast Quarter of the Southwest Quarter, 
92.27 	Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, 
92.28 	for no consideration, an easement to the state that is 75 feet in width on each side of the 
92.29 	centerline of East Branch Chester Creek, to provide riparian protection and angler access;
92.30 	(3) the West Half of the East Half of the Southeast Quarter of the Southwest Quarter, 
92.31 	Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, 
92.32 	for no consideration, an easement to the state that is 75 feet in width on each side of the 
92.33 	centerline of East Branch Chester Creek, to provide riparian protection and angler access;
93.1 	(4) the West Half of the East Half of the Northwest Quarter of the Southwest Quarter 
93.2 	and the West Half of the East Half of the Southwest Quarter of the Southwest Quarter, 
93.3 	Section 4, Township 51 North, Range 17 West;
93.4 	(5) all that part or strip lying North of the Savanna River, about 3 to 4 acres of the 
93.5 	Southeast Quarter of the Northeast Quarter, Section 7, Township 51 North, Range 20 West;
93.6 	(6) Government Lot 1, Section 18, Township 53 North, Range 18 West;
93.7 	(7) the Southwest Quarter of the Southeast Quarter, Section 34, Township 53 North, 
93.8 	Range 19 West;
93.9 	(8) Lot 2, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54 
93.10 	North, Range 16 West;
93.11 	(9) Lot 4, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54 
93.12 	North, Range 16 West;
93.13 	(10) Lots 1, 2, 3, and 4, 1st Addition to Strand Lake, Section 20, Township 54 
93.14 	North, Range 16 West;
93.15 	(11) the Southeast Quarter of the Southwest Quarter, Section 1, Township 55 North, 
93.16 	Range 20 East. Conveyance of this land must provide, for no consideration, an easement 
93.17 	to the state that is 75 feet in width on each side of the centerline of East Swan River, to 
93.18 	provide riparian protection and angler access;
93.19 	(12) that part of the Northeast Quarter of the Northwest Quarter beginning at the 
93.20 	intersection of the east line of Highway 4 with the north line of the Northeast Quarter of 
93.21 	the Northwest Quarter; thence South 500 feet; thence East 350 feet; thence North 500 feet; 
93.22 	thence West 350 feet to the point of beginning, Section 19, Township 57 North, Range 
93.23 	15 West. Conveyance of this land must provide, for no consideration, an easement to the 
93.24 	state that is 75 feet in width on each side of the centerline of the unnamed stream, to 
93.25 	provide riparian protection and angler access. Where there is less than 75 feet from the 
93.26 	centerline of the stream channel to the north property line, the easement shall be granted to 
93.27 	the north property line;
93.28 	(13) the West Half of Lot 1, Section 22, Township 58 North, Range 16 West. 
93.29 	Conveyance of this land must provide, for no consideration, a 33-foot road easement to the 
93.30 	state for access to Black Lake. The conveyance must include a deed restriction prohibiting 
93.31 	buildings, structures, tree cutting, removal of vegetation, and shoreland alterations across 
93.32 	a 75-foot strip from the ordinary high water mark, except a 15-foot strip is allowed for 
93.33 	lake access and a dock; and
93.34 	(14) the South Half of the Northwest Quarter of the Northwest Quarter, except the 
93.35 	North Half of the Southwest Quarter, Section 32, Township 62 North, Range 18 West. 
93.36 	Conveyance of this land must provide, for no consideration, an easement to the state 
94.1 	that is 105 feet in width on each side of the centerline of Rice River, to provide riparian 
94.2 	protection and angler access.
94.3 	(d) The county has determined that the county's land management interests would 
94.4 	best be served if the lands were returned to private ownership.

94.5 	Sec. 25. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
94.6 	WATER; ST. LOUIS COUNTY.
 94.7 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 
94.8 	1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County 
94.9 	shall sell by private sale the tax-forfeited land bordering public water that is described in 
94.10 	paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
94.11 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
94.12 	general may make changes to the land description to correct errors and ensure accuracy.
94.13 	(c) The land to be sold is located in St. Louis County and is described as: the 
94.14 	easterly 200 feet of the Northwest Quarter of the Southeast Quarter, Section 21, Township 
94.15 	58 North, Range 15 West, except that part North of the St. Louis River.
94.16 	(d) The county shall sell the land to the adjoining landowner to remedy an 
94.17 	inadvertent trespass.

94.18 	Sec. 26. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 
94.19 	WATER; ST. LOUIS COUNTY.
 94.20 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 
94.21 	1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County 
94.22 	may sell by private sale the tax-forfeited land bordering public water that is described in 
94.23 	paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
94.24 	(b) The conveyances must be in a form approved by the attorney general. The 
94.25 	attorney general may make changes to the land description to correct errors and ensure 
94.26 	accuracy. The conveyances must include any easements or deed restrictions specified in 
94.27 	paragraph (c).
94.28 	(c) The lands to be sold are located in St. Louis County and are described as:
94.29 	(1) an undivided 1369/68040 interest, Lot 8, Section 16, Township 50 North, Range 
94.30 	17 West;
94.31 	(2) an undivided 1470/10080 interest, Lot 5, Section 17, Township 50 North, Range 
94.32 	17 West;
94.33 	(3) an undivided 23/288 interest, Northeast Quarter of the Northeast Quarter, Section 
94.34 	21, Township 50 North, Range 17 West;
95.1 	(4) an undivided 23/288 interest, Northwest Quarter of the Northeast Quarter, 
95.2 	Section 21, Township 50 North, Range 17 West; and 
95.3 	(5) that part of Lot 7 beginning at a point 530 feet East of the southwest corner; 
95.4 	thence North 30 degrees East 208 feet; thence North 55 degrees East 198 feet; thence 10 
95.5 	feet more or less on the same line to the waters edge; thence South along the waters 
95.6 	edge to the south boundary line of Lot 7; thence 10 feet West; thence West on the same 
95.7 	line 198 feet to the point of beginning, Section 5, Township 62 North, Range 16 West. 
95.8 	The conveyance must include a deed restriction prohibiting buildings, structures, tree 
95.9 	cutting, removal of vegetation, and shoreland alterations across a 75-foot strip from the 
95.10 	ordinary high water mark.
95.11 	(d) The county has determined that the county's land management interests would 
95.12 	best be served if the lands were returned to private ownership.

95.13 	Sec. 27. PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND 
95.14 	BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
 95.15 	(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 
95.16 	and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may 
95.17 	sell by public or private sale the tax-forfeited land bordering public water that is described 
95.18 	in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
95.19 	(b) The conveyance must be in a form approved by the attorney general. The attorney 
95.20 	general may make changes to the land description to correct errors and ensure accuracy.
95.21 	(c) The land to be sold is located in St. Louis County and is described as: Lot 5, 
95.22 	Block 1, Williams Lakeview, town of Great Scott, Section 34, Township 60 North, Range 
95.23 	19 West.
95.24 	(d) The county has determined that the county's land management interests would 
95.25 	best be served if the lands were returned to private ownership.

95.26 	Sec. 28. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 
95.27 	WATER; SHERBURNE COUNTY.
 95.28 	(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 
95.29 	resources may sell by public sale the surplus land bordering public water that is described 
95.30 	in paragraph (c).
95.31 	(b) The conveyance must be in a form approved by the attorney general. The 
95.32 	attorney general may make necessary changes to the legal description to correct errors 
95.33 	and ensure accuracy.
96.1 	(c) The land that may be sold is located in Sherburne County and is described as: the 
96.2 	Northeast Quarter of the Southwest Quarter, Section 16, Township 33 North, Range 27 
96.3 	West, containing 40 acres, more or less.
96.4 	(d) The land borders Elk River and is not contiguous to other state lands. The 
96.5 	Department of Natural Resources has determined that the land is not needed for natural 
96.6 	resource purposes.

96.7 	Sec. 29. PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; 
96.8 	TODD COUNTY.
 96.9 	(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 
96.10 	commissioner of natural resources may sell by private sale the surplus land that is 
96.11 	described in paragraph (c). Notwithstanding Minnesota Statutes, section 97A.135, 
96.12 	subdivision 2a, the surplus land described in paragraph (c) is vacated from the Grey 
96.13 	Eagle Wildlife Management Area upon sale.
96.14 	(b) The conveyance must be in a form approved by the attorney general. The 
96.15 	attorney general may make necessary changes to the legal description to correct errors 
96.16 	and ensure accuracy.
96.17 	(c) The land that may be sold is located in Todd County and is described as: the 
96.18 	East 50.00 feet of the South 165.00 feet of Government Lot 3, Section 16, Township 127 
96.19 	North, Range 33 West, Todd County, Minnesota, containing 0.19 acres, more or less.
96.20 	(d) The sale would resolve an unintentional trespass by the adjacent owner. While 
96.21 	Lot 3 of Section 16, Township 127 North, Range 33 West, borders Bunker Lake, the 
96.22 	portion of Lot 3 to be sold does not border public waters. The Department of Natural 
96.23 	Resources has determined that the land is not needed for natural resource purposes.

96.24 	Sec. 30. PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON 
96.25 	COUNTY.
 96.26 	(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
96.27 	of natural resources may sell by private sale to Afton Alps the surplus land that is 
96.28 	described in paragraph (c).
96.29 	(b) The conveyance must be in a form approved by the attorney general and may be 
96.30 	for consideration less than the appraised value of the land. The attorney general may make 
96.31 	necessary changes to the legal description to correct errors and ensure accuracy.
96.32 	(c) The land to be sold is located in Washington County and is described as:
96.33 	(1) that part of the Southwest Quarter of the Southeast Quarter of Section 3, 
96.34 	Township 27, Range 20, Washington County, Minnesota that lies South of the North 800 
97.1 	feet thereof and North of the following described line: Commencing at a point 800 feet 
97.2 	South of the northwest corner of said Southwest Quarter of the Southeast Quarter; thence 
97.3 	154 feet East; thence 228 feet East; thence South 430 feet; thence East 930.58 feet; thence 
97.4 	North 430 feet, to the point of beginning of the line to be described; thence West to the 
97.5 	point of commencement and said line there terminating; and
97.6 	(2) that part of the North 208 feet of the South 866 feet of the East 208 feet of 
97.7 	the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 20, 
97.8 	Washington County, Minnesota that lies northwesterly of the following described line: 
97.9 	Commencing at the northwest corner of the Southeast Quarter of the Southeast Quarter of 
97.10 	said Section 3; thence South along the west line of said Southeast Quarter of the Southeast 
97.11 	Quarter, a distance of 900 feet; thence easterly, at a right angle, a distance of 660 feet, to 
97.12 	the point of beginning of the line to be described; thence northeasterly to a point on the 
97.13 	east line of said Southeast Quarter of the Southeast Quarter distant 275 feet South of the 
97.14 	northeast corner thereof, and said line there terminating.
97.15 	(d) The Department of Natural Resources has determined that the state's land 
97.16 	management interests would best be served if the land were conveyed to the adjacent 
97.17 	landowner.

97.18 	Sec. 31. EFFECTIVE DATE.
 97.19 	Sections 1 to 30 are effective the day following final enactment.

97.20 	ARTICLE 5
97.21 	FOREST AND TIMBER MANAGEMENT

97.22 	Section 1. APPRAISED VALUE TIMBER SALES; FISCAL YEARS 2010 AND 
97.23 	2011.
 97.24 	(a) During fiscal years 2010 and 2011, the commissioner of natural resources shall 
97.25 	increase the amount of timber products sold from state lands under permits based solely 
97.26 	on the appraiser's estimate of the timber volume described in the permit, as provided in 
97.27 	Minnesota Statutes, section 90.14, paragraph (c).
97.28 	(b) The commissioner shall evaluate sales of timber under paragraph (a) and other 
97.29 	methods used to sell cut forest products from state lands to identify the method, or 
97.30 	combination of methods, that is most efficient and effective in protecting the fiduciary 
97.31 	interest of the state, including the permanent school fund.
97.32 	(c) By January 15, 2011, the commissioner shall report to the house and senate 
97.33 	natural resources policy and finance committees and divisions on the findings of the 
97.34 	evaluation process completed under paragraph (b).

98.1 	Sec. 2. FOREST MANAGEMENT LEASE-PILOT PROJECT.
 98.2 	(a) Notwithstanding the permit procedures of Minnesota Statutes, chapter 90, the 
98.3 	commissioner of natural resources may lease up to 10,000 acres of state-owned forest 
98.4 	lands for forest management purposes for a term not to exceed 21 years. No person or 
98.5 	entity may lease more than 3,000 acres. The lease shall provide:
98.6 	(1) that the lessee must comply with timber harvesting and forest management 
98.7 	guidelines developed under Minnesota Statutes, section 89A.05, and landscape-level plans 
98.8 	under Minnesota Statutes, section 89A.06, that have been adopted by the Minnesota Forest 
98.9 	Resources Council, and in effect at the time of any management activity; and 
98.10 	(2) for public access for hunting, fishing, and motorized and nonmotorized recreation 
98.11 	to the leased land that is the same as would be available under state management.
98.12 	(b) For the purposes of this section, the term "state-owned forest lands" may include 
98.13 	school trust lands as defined in Minnesota Statutes, section 92.025, or university land 
98.14 	granted to the state by Acts of Congress.
98.15 	(c) By December 15, 2009, the commissioner of natural resources shall provide 
98.16 	a report to the house and senate natural resources policy and finance committees and 
98.17 	divisions on the pilot project. The report will detail a plan for the implementation of the 
98.18 	pilot project with a starting date that is no later than July 1, 2010.
98.19 	(d) Upon implementation of the pilot project, the commissioner shall provide an 
98.20 	annual report to the house and senate natural resources policy and finance committees and 
98.21 	divisions on the progress of the project, including the acres leased, a breakdown of the 
98.22 	types of forest land, and amounts harvested by species. The report shall include a net 
98.23 	revenue analysis comparing the lease revenue with the estimated net revenue that would 
98.24 	be obtained through state management and silvicultural practices cost savings the state 
98.25 	realizes through leasing.
98.26 	(e) Nothing in this section supersedes the duties of the commissioner of natural 
98.27 	resources to properly manage forest lands under the authority of the commissioner, as 
98.28 	defined in Minnesota Statutes, section 89.001, subdivision 13.