HF 1237

2nd Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:27 p.m.

1.1A bill for an act 1.2relating to natural resources; modifying wild rice season; modifying certain 1.3definitions; modifying state park permit requirements; modifying authority 1.4to establish secondary units; eliminating liquor service at John A. Latsch 1.5State Park; extending the Casey Jones Trail; establishing a new state trail; 1.6providing for establishment of boater waysides; modifying watercraft operation 1.7requirements; providing for appeals and enforcement of certain civil penalties; 1.8providing for taking wild animals to protect public safety; modifying Board 1.9of Water and Soil Resources membership; modifying local water program; 1.10modifying Reinvest in Minnesota Resources Law; modifying certain easement 1.11authority; providing for notice of changes to public waters inventory; modifying 1.12cost-share program; providing certain exemptions from local ordinances; 1.13approving the consumptive use of water for certain uses; authorizing expedited 1.14rulemaking; modifying refund provisions; modifying publication requirements; 1.15modifying restrictions in migratory feeding and resting areas; providing certain 1.16exemptions from local law; modifying wild animal and fish taking, possession, 1.17and licensing requirements; authorizing certain fees; modifying certain fees; 1.18modifying restrictions and conforming penalties on shining artificial lights; 1.19modifying Wild and Scenic Rivers Act; eliminating Lessard Outdoor Heritage 1.20Council; authorizing acquisition of certain easements; modifying management 1.21authority for and apportionment of proceeds from the sale of tax-forfeited lands; 1.22adding to and deleting from certain state parks; authorizing public and private 1.23sales of state land; modifying previous land descriptions; requiring increase 1.24in appraised estimates for timber sales; requiring forest lease pilot project; 1.25requiring rulemaking; appropriating money;amending Minnesota Statutes 2008, 1.26sections 13.7931, by adding a subdivision; 17.4981; 17.4988, subdivision 1.273; 84.02; 84.027, subdivision 13; 84.0273; 84.105; 84.66, subdivision 2; 1.2884.788, subdivision 11; 84.798, subdivision 10; 84.82, subdivision 11; 84.922, 1.29subdivision 12; 84.928, subdivision 1a; 85.015, subdivision 2, by adding a 1.30subdivision; 85.053, subdivision 3; 85.054, by adding subdivisions; 85.055, 1.31subdivision 1; 86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, 1.32subdivision 1; 86B.311, by adding a subdivision; 86B.415, subdivision 11; 1.3397A.015, by adding a subdivision; 97A.051, subdivision 2; 97A.075, subdivision 1.345; 97A.095, subdivision 2; 97A.137, by adding a subdivision; 97A.321; 97A.331, 1.35subdivision 2; 97A.445, subdivision 1, by adding a subdivision; 97A.451, 1.36subdivision 2, by adding a subdivision; 97A.465, subdivisions 1b, 5; 97A.473, 1.37subdivision 1, by adding subdivisions; 97A.4742, subdivision 1; 97A.475, 1.38subdivisions 3, 7, 11, 12, 29; 97A.525, subdivision 1; 97B.081; 97B.086; 1.3997B.111, subdivision 1; 97B.328, subdivision 3; 97B.651; 97B.811, subdivisions 2.12, 3; 97C.081, subdivisions 2, 3, 4, 6, 9; 97C.335; 97C.345, subdivision 2; 2.297C.371, by adding a subdivision; 97C.375; 103B.101, subdivisions 1, 2; 2.3103B.3355; 103B.3369, subdivision 5; 103C.501, subdivisions 2, 4, 5, 6; 2.4103F.321, by adding a subdivision; 103F.505; 103F.511, subdivisions 5, 8a, by 2.5adding a subdivision; 103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 2.61; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 282.04, 2.7subdivision 1; Laws 2007, chapter 131, article 2, section 38; Laws 2008, chapter 2.8368, article 1, sections 21, subdivisions 4, 5; 34; proposing coding for new law in 2.9Minnesota Statutes, chapters 84; 97B; 97C; repealing Minnesota Statutes 2008, 2.10sections 84.796; 84.805; 84.929; 85.0505, subdivision 2; 97A.056, subdivision 2.112; 97A.525, subdivision 2; 97C.405; 103B.101, subdivision 11; 103F.511, 2.12subdivision 4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3130; 2.138400.3160; 8400.3200; 8400.3230; 8400.3330; 8400.3360; 8400.3390; 2.148400.3500; 8400.3530; 8400.3560. 2.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.16ARTICLE 1 2.17NATURAL RESOURCE POLICY 2.18    Section 1. Minnesota Statutes 2008, section 84.02, is amended to read: 2.1984.02 DEFINITIONS new text begin NATIVE PRAIRIE AND GRASSLAND RESTORATION new text end 2.20 new text begin RESTRICTIONS; STATE MONEY new text end . 2.21    Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this 2.22section shall have the meanings given them. 2.23    Subd. 2. Best management practice for native prairie restoration. "Best 2.24management practice for native prairie restoration" means using seeds collected from a 2.25native prairie within the same county or within 25 miles of the county's border, but not 2.26across the boundary of an ecotype region. 2.27    Subd. 3. Created grassland. "Created grassland" means a restoration using seeds 2.28or plants with origins outside of the state of Minnesota. 2.29    Subd. 4. Ecotype region. "Ecotype region" means the following ecological 2.30subsections and counties based on the Department of Natural Resources map, "County 2.31Landscape Groupings Based on Ecological Subsections," dated February 15, 2007. 2.32 Ecotype Region Counties or portions thereof: 2.33 2.34 2.35 Rochester Plateau, Blufflands, and Oak Savanna Houston, Winona, Fillmore, Wabasha, Goodhue, Mower, Freeborn, Steele, Olmsted, Rice, Waseca, Dakota, Dodge 2.36 2.37 2.38 Anoka Sand Plain, Big Woods, and St. Paul Baldwin Plains and Moraines Anoka, Hennepin, Ramsey, Washington, Chisago, Scott, Carver, McLeod, Wright, Benton, Isanti, Le Sueur, Sherburne 2.39 2.40 Inner Coteau and Coteau Moraines Lincoln, Lyon, Pipestone, Rock, Murray, Nobles, Jackson, Cottonwood 2.41 Red River Prairie (South) Traverse, Wilkin, Clay, Becker 3.1 3.2 3.3 Red River Prairie (North) and Aspen Parklands Kittson, Roseau, Red Lake, Pennington, Marshall, Clearwater, Mahnomen, Polk, Norman 3.4 3.5 3.6 Minnesota River Prairie (North) Big Stone, Pope, Stevens, Grant, Swift, Chippewa, Meeker, Kandiyohi, Renville, Lac qui Parle, Yellow Medicine 3.7 3.8 Minnesota River Prairie (South) Nicollet, Redwood, Brown, Watonwan, Martin, Faribault, Blue Earth, Sibley 3.9 3.10 Hardwood Hills Douglas, Morrison, Otter Tail, Stearns, Todd 3.11    Subd. 5. Native prairie. "Native prairie" means land that has never been plowed 3.12where native prairie vegetation originating from the site currently predominates or, if 3.13disturbed, is predominantly covered with native prairie vegetation that originated from the 3.14site. Unbroken pasture land used for livestock grazing can be considered native prairie if it 3.15has predominantly native vegetation originating from the site and conservation practices 3.16have maintained biological diversity. 3.17    Subd. 6. Native prairie species of a local ecotype. "Native prairie species of a local 3.18ecotype" means a genetically differentiated population of a species that has at least one 3.19trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted 3.20to local environmental conditions, notably plant competitors, pathogens, pollinators, soil 3.21microorganisms, growing season length, climate, hydrology, and soil. 3.22    Subd. 7. Restored native prairie. "Restored native prairie" means a restoration 3.23using at least 25 representative and biologically diverse native prairie plant species of a 3.24local ecotype originating in the same county as the restoration site or within 25 miles of 3.25the county's border, but not across the boundary of an ecotype region. 3.26    Subd. 8. Restored prairie. "Restored prairie" means a restoration using at least 3.2725 representative and biologically diverse native prairie plant species originating from 3.28the same ecotype region in which the restoration occurs. 3.29     new text begin Subd. 9. new text end new text begin Restorations with state money. new text end new text begin To the extent possible, a person new text end 3.30 new text begin conducting native prairie or grassland restoration with state money must plant vegetation new text end 3.31 new text begin or sow seed only of ecotypes native to Minnesota, and preferably of the local ecotype, new text end 3.32 new text begin using a high diversity of species originating from as close to the restoration site as new text end 3.33 new text begin possible, and protect existing native prairies from genetic contamination. new text end 3.34    Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 13, is amended to read: 3.35    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may 3.36adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized 3.37under: 4.1(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and 4.2areas, to select hunters for areas, to provide for tagging and registration of game and fish, to 4.3prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife 4.4disease, new text begin to open or close bodies of water or portions of bodies of water for night bow new text end 4.5 new text begin fishing, new text end and to prohibit or allow importation, transportation, or possession of a wild animal; 4.6(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng 4.7roots and wild rice and to restrict or prohibit harvesting in designated areas; and 4.8(3) section 84D.12 to designate prohibited invasive species, regulated invasive 4.9species, unregulated nonnative species, and infested waters. 4.10(b) If conditions exist that do not allow the commissioner to comply with sections 4.1197A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision 4.12by submitting the rule to the attorney general for review under section 97A.0455, 4.13publishing a notice in the State Register and filing the rule with the secretary of state and 4.14the Legislative Coordinating Commission, and complying with section 97A.0459, and 4.15including a statement of the emergency conditions and a copy of the rule in the notice. new text begin The new text end 4.16 new text begin emergency conditions for opening a water body or portion of a water body for night bow new text end 4.17 new text begin fishing under this section may include the need to temporarily open the area to evaluate new text end 4.18 new text begin compatibility of the activity on that body of water prior to permanent rulemaking. new text end The 4.19notice may be published after it is received from the attorney general or five business days 4.20after it is submitted to the attorney general, whichever is earlier. 4.21(c) Rules adopted under paragraph (b) are effective upon publishing in the State 4.22Register and may be effective up to seven days before publishing and filing under 4.23paragraph (b), if: 4.24(1) the commissioner of natural resources determines that an emergency exists; 4.25(2) the attorney general approves the rule; and 4.26(3) for a rule that affects more than three counties the commissioner publishes the 4.27rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a 4.28rule that affects three or fewer counties the commissioner publishes the rule once in a legal 4.29newspaper in each of the affected counties. 4.30(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause 4.31(3), may not be effective earlier than seven days after publication. 4.32(e) A rule published under paragraph (c), clause (3), may be effective the day the 4.33rule is published if the commissioner gives notice and holds a public hearing on the rule 4.34within 15 days before publication. 5.1(f) The commissioner shall attempt to notify persons or groups of persons affected 5.2by rules adopted under paragraphs (b) and (c) by public announcements, posting, and 5.3other appropriate means as determined by the commissioner. 5.4(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is 5.5effective for the period stated in the notice but not longer than 18 months after the rule is 5.6adopted. 5.7    Sec. 3. Minnesota Statutes 2008, section 84.105, is amended to read: 5.884.105 WILD RICE SEASON. 5.9Ripe wild rice may be harvested from July new text begin August new text end 15 to September 30. 5.10    Sec. 4. Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read: 5.11    Subd. 2. Definitions. For the purpose of this section, the following terms have 5.12the meanings given: 5.13    (1) "forest land" has the meaning given under section 89.001, subdivision 4; 5.14    (2) "forest resources" has the meaning given under section 89.001, subdivision 8; 5.15    (3) "guidelines" has the meaning given under section 89A.01, subdivision 8; 5.16    (4) "riparian land" has the meaning given under section 103F.511, subdivision 8a new text begin new text end 5.17 new text begin 8b new text end ; and 5.18    (5) "working forest land" means land that provides a broad range of goods and 5.19services, including forest products, recreation, fish and wildlife habitat, clean air and 5.20water, and carbon sequestration. 5.21    Sec. 5. new text begin [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES. new text end 5.22     new text begin (a) Except as provided in paragraph (b), a person who violates a provision of new text end 5.23 new text begin sections new text end new text begin ; new text end new text begin ; new text end new text begin to new text end new text begin ; new text end new text begin to new text end new text begin ; new text end new text begin ; or new text end new text begin to new text end new text begin or new text end 5.24 new text begin rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor. new text end 5.25     new text begin (b) A person is guilty of a gross misdemeanor if the person violates section 84.773, new text end 5.26 new text begin subdivision 2, clause (2), and the person recklessly upsets the natural and ecological new text end 5.27 new text begin balance of a wetland or public waters wetland. new text end 5.28     new text begin (c) A person is prohibited from operating an off-highway vehicle for a period of new text end 5.29 new text begin one year if the person is: new text end 5.30 new text begin (1) convicted of a gross misdemeanor under paragraph (b); new text end 5.31     new text begin (2) convicted of or subject to a final order under section 84.775 for a violation of new text end 5.32 new text begin the prohibition on the intentional operation on unfrozen public water, in a state park, in new text end 6.1 new text begin a scientific and natural area, or in a wildlife management area under section 84.773, new text end 6.2 new text begin subdivision 1, clause (3); new text end 6.3     new text begin (3) convicted of or is subject to a final order under section 84.775 for a violation of new text end 6.4 new text begin the prohibition on the willful, wanton, or reckless disregard for the safety of persons or new text end 6.5 new text begin property under section new text end new text begin , subdivision 2, clause (1); or new text end 6.6 new text begin (4) convicted of or subject to a final order under section 84.775 for a violation of new text end 6.7 new text begin the prohibition on carelessly upsetting the natural and ecological balance of a wetland or new text end 6.8 new text begin public waters wetland under section 84.773, subdivision 2, clause (2). new text end 6.9 new text begin The commissioner shall notify the person of the time period during which the person new text end 6.10 new text begin is prohibited from operating an off-highway vehicle. new text end 6.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to crimes new text end 6.12 new text begin committed on or after that date. new text end 6.13    Sec. 6. new text begin [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE. new text end 6.14     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) As used in this section, the following terms have new text end 6.15 new text begin the meanings given them. new text end 6.16     new text begin (b) "Appropriate agency" means a law enforcement agency that has the authority new text end 6.17 new text begin to make an arrest for a violation of a designated offense. new text end 6.18     new text begin (c) "Claimant" means an owner of an off-highway vehicle or a person claiming a new text end 6.19 new text begin leasehold or security interest in an off-highway vehicle. new text end 6.20     new text begin (d) "Designated offense" means a second gross misdemeanor violation under section new text end 6.21 new text begin , paragraph (b). new text end 6.22     new text begin (e) "Family or household member" means: new text end 6.23     new text begin (1) a parent, stepparent, or guardian; new text end 6.24     new text begin (2) any of the following persons related by blood, marriage, or adoption: brother, new text end 6.25 new text begin sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, new text end 6.26 new text begin great-grandparent, great-uncle, or great-aunt; or new text end 6.27     new text begin (3) persons residing together or persons who regularly associate and communicate new text end 6.28 new text begin with one another outside of a workplace setting. new text end 6.29     new text begin (f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle that new text end 6.30 new text begin is stolen or taken in violation of the law. new text end 6.31     new text begin (g) "Owner" means a person legally entitled to possession, use, and control of an new text end 6.32 new text begin off-highway vehicle, including a lessee of an off-highway vehicle if the lease agreement new text end 6.33 new text begin has a term of 180 days or more. There is a rebuttable presumption that a person registered new text end 6.34 new text begin as the owner of an off-highway vehicle according to the records of the Department of new text end 6.35 new text begin Public Safety or the Department of Natural Resources is the legal owner. For purposes new text end 7.1 new text begin of this section, if an off-highway vehicle is owned jointly by two or more people, each new text end 7.2 new text begin owner's interest extends to the whole of the vehicle and is not subject to apportionment. new text end 7.3     new text begin (h) "Prosecuting authority" means the attorney in the jurisdiction in which the new text end 7.4 new text begin designated offense occurred, or a designee, who is responsible for prosecuting violations of new text end 7.5 new text begin a designated offense. If a state agency initiated the forfeiture and the attorney responsible new text end 7.6 new text begin for prosecuting the designated offense declines to pursue forfeiture, the attorney general's new text end 7.7 new text begin office, or its designee, may initiate forfeiture under this section. new text end 7.8     new text begin (i) "Security interest" means a bona fide security interest perfected according to new text end 7.9 new text begin section new text end new text begin 168A.17, subdivision 2 new text end new text begin , based on a loan or other financing that, if an off-highway new text end 7.10 new text begin vehicle is required to be registered under chapter 168, is listed on the vehicle's title. new text end 7.11     new text begin Subd. 2. new text end new text begin Seizure. new text end new text begin (a) An off-highway vehicle subject to forfeiture under this new text end 7.12 new text begin section may be seized by the appropriate agency upon process issued by any court having new text end 7.13 new text begin jurisdiction over the vehicle. new text end 7.14     new text begin (b) Property may be seized without process if: new text end 7.15     new text begin (1) the seizure is incident to a lawful arrest or a lawful search; new text end 7.16     new text begin (2) the vehicle subject to seizure has been the subject of a prior judgment in favor of new text end 7.17 new text begin the state in a criminal injunction or forfeiture proceeding under this section; or new text end 7.18     new text begin (3) the appropriate agency has probable cause to believe that the delay occasioned by new text end 7.19 new text begin the necessity to obtain process would result in the removal or destruction of the vehicle. new text end 7.20 new text begin If property is seized without process under this clause, the prosecuting authority must new text end 7.21 new text begin institute a forfeiture action under this section as soon as is reasonably possible by serving new text end 7.22 new text begin a notice of seizure and intent to forfeit at the address of the owner as listed in the records new text end 7.23 new text begin of the Department of Public Safety or Department of Natural Resources. new text end 7.24     new text begin Subd. 3. new text end new text begin Right to possession vests immediately; custody. new text end new text begin All right, title, and new text end 7.25 new text begin interest in an off-highway vehicle subject to forfeiture under this section vests in the new text end 7.26 new text begin appropriate agency upon commission of the conduct resulting in the designated offense new text end 7.27 new text begin giving rise to the forfeiture. Any vehicle seized under this section is not subject to new text end 7.28 new text begin replevin, but is deemed to be in the custody of the appropriate agency subject to the orders new text end 7.29 new text begin and decrees of the court having jurisdiction over the forfeiture proceedings. When an new text end 7.30 new text begin off-highway vehicle is seized under this section, the appropriate agency may: new text end 7.31     new text begin (1) place the vehicle under seal; new text end 7.32     new text begin (2) remove the vehicle to a place designated by the agency; new text end 7.33     new text begin (3) place a disabling device on the vehicle; and new text end 7.34     new text begin (4) take other steps reasonable and necessary to secure the vehicle and prevent waste. new text end 7.35     new text begin Subd. 4. new text end new text begin Bond by owner for possession. new text end new text begin If the owner of an off-highway vehicle new text end 7.36 new text begin that has been seized under this section seeks possession of the vehicle before the forfeiture new text end 8.1 new text begin action is determined, the owner may, subject to the approval of the appropriate agency, new text end 8.2 new text begin give security or post bond payable to the appropriate agency in an amount equal to the new text end 8.3 new text begin retail value of the seized vehicle. On posting the security or bond, the seized vehicle may new text end 8.4 new text begin be returned to the owner. The forfeiture action must proceed against the security as if it new text end 8.5 new text begin were the seized vehicle. new text end 8.6     new text begin Subd. 5. new text end new text begin Evidence. new text end new text begin Certified copies of court records and off-highway vehicle and new text end 8.7 new text begin driver's records concerning prior incidents are admissible as substantive evidence where new text end 8.8 new text begin necessary to prove the commission of a designated offense. new text end 8.9     new text begin Subd. 6. new text end new text begin Vehicle subject to forfeiture. new text end new text begin An off-highway vehicle is subject to new text end 8.10 new text begin forfeiture under this section if it was used in the commission of a designated offense. new text end 8.11     new text begin Subd. 7. new text end new text begin Presumptions; limitations on vehicle forfeiture. new text end new text begin (a) An off-highway new text end 8.12 new text begin vehicle is presumed subject to forfeiture under this section if the driver: new text end 8.13     new text begin (1) is convicted of the designated offense upon which the forfeiture is based; or new text end 8.14     new text begin (2) fails to appear for a scheduled court appearance with respect to the designated new text end 8.15 new text begin offense charged and fails to voluntarily surrender within 48 hours after the time required new text end 8.16 new text begin for appearance. new text end 8.17     new text begin (b) An off-highway vehicle encumbered by a security interest perfected according new text end 8.18 new text begin to section new text end new text begin 168A.17, subdivision 2 new text end new text begin , or subject to a lease that has a term of 180 days or new text end 8.19 new text begin more, is subject to the interest of the secured party or lessor unless the party or lessor had new text end 8.20 new text begin knowledge of or consented to the act upon which the forfeiture is based. However, when new text end 8.21 new text begin the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan new text end 8.22 new text begin balance, the appropriate agency shall remit all proceeds of the sale to the secured party new text end 8.23 new text begin after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the new text end 8.24 new text begin vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner new text end 8.25 new text begin consistent with section 336.9-610, the agency is not liable to the secured party for any new text end 8.26 new text begin amount owed on the loan in excess of the sale proceeds. The validity and amount of a new text end 8.27 new text begin nonperfected security interest must be established by its holder by clear and convincing new text end 8.28 new text begin evidence. new text end 8.29     new text begin (c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an new text end 8.30 new text begin off-highway vehicle is not subject to forfeiture based solely on the secured party's or new text end 8.31 new text begin lessor's knowledge of the act or omission upon which the forfeiture is based if the secured new text end 8.32 new text begin party or lessor demonstrates by clear and convincing evidence that the party or lessor took new text end 8.33 new text begin reasonable steps to terminate use of the vehicle by the offender. new text end 8.34     new text begin (d) An off-highway vehicle is not subject to forfeiture under this section if its owner new text end 8.35 new text begin can demonstrate by clear and convincing evidence that the owner did not have actual new text end 8.36 new text begin or constructive knowledge that the vehicle would be used or operated in any manner new text end 9.1 new text begin contrary to law or that the owner took reasonable steps to prevent use of the vehicle by new text end 9.2 new text begin the offender. If the offender is a family or household member of the owner and has three new text end 9.3 new text begin or more prior off-highway vehicle convictions, the owner is presumed to know of any new text end 9.4 new text begin vehicle use by the offender that is contrary to law. new text end 9.5     new text begin Subd. 8. new text end new text begin Administrative forfeiture procedure. new text end new text begin (a) An off-highway vehicle used to new text end 9.6 new text begin commit a designated offense is subject to administrative forfeiture under this subdivision. new text end 9.7     new text begin (b) When an off-highway vehicle is seized under subdivision 2, or within a new text end 9.8 new text begin reasonable time after seizure, the appropriate agency shall serve the driver or operator new text end 9.9 new text begin of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, new text end 9.10 new text begin when an off-highway vehicle is seized under subdivision 2, or within a reasonable time new text end 9.11 new text begin after that, all persons known to have an ownership, possessory, or security interest in the new text end 9.12 new text begin vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those new text end 9.13 new text begin vehicles required to be registered under chapter 168, the notification to a person known to new text end 9.14 new text begin have a security interest in the vehicle is required only if the vehicle is registered under new text end 9.15 new text begin chapter 168 and the interest is listed on the vehicle's title. Notice mailed by certified mail new text end 9.16 new text begin to the address shown in Department of Public Safety records is sufficient notice to the new text end 9.17 new text begin registered owner of the vehicle. For off-highway vehicles not required to be registered new text end 9.18 new text begin under chapter 168, notice mailed by certified mail to the address shown in the applicable new text end 9.19 new text begin filing or registration for the vehicle is sufficient notice to a person known to have an new text end 9.20 new text begin ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given new text end 9.21 new text begin in the manner provided by law for service of a summons in a civil action. new text end 9.22     new text begin (c) The notice must be in writing and contain: new text end 9.23     new text begin (1) a description of the vehicle seized; new text end 9.24     new text begin (2) the date of the seizure; and new text end 9.25     new text begin (3) notice of the right to obtain judicial review of the forfeiture and of the procedure new text end 9.26 new text begin for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially, new text end 9.27 new text begin the following language must appear conspicuously: "IF YOU DO NOT DEMAND new text end 9.28 new text begin JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, new text end 9.29 new text begin SECTION new text end new text begin , SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL new text end 9.30 new text begin DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU new text end 9.31 new text begin MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO new text end 9.32 new text begin PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE new text end 9.33 new text begin TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY new text end 9.34 new text begin FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY new text end 9.35 new text begin THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS new text end 9.36 new text begin THAN $500." new text end 10.1     new text begin (d) Within 30 days following service of a notice of seizure and forfeiture under this new text end 10.2 new text begin subdivision, a claimant may file a demand for a judicial determination of the forfeiture. new text end 10.3 new text begin The demand must be in the form of a civil complaint and must be filed with the court new text end 10.4 new text begin administrator in the county in which the seizure occurred, together with proof of service of new text end 10.5 new text begin a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture new text end 10.6 new text begin and the standard filing fee for civil actions unless the petitioner has the right to sue in new text end 10.7 new text begin forma pauperis under section new text end new text begin . If the value of the seized property is $7,500 or less, new text end 10.8 new text begin the claimant may file an action in conciliation court for recovery of the seized vehicle. A new text end 10.9 new text begin copy of the conciliation court statement of claim must be served personally or by mail on new text end 10.10 new text begin the prosecuting authority having jurisdiction over the forfeiture within 30 days following new text end 10.11 new text begin service of the notice of seizure and forfeiture under this subdivision. If the value of the new text end 10.12 new text begin seized property is less than $500, the claimant does not have to pay the conciliation court new text end 10.13 new text begin filing fee. No responsive pleading is required of the prosecuting authority and no court new text end 10.14 new text begin fees may be charged for the prosecuting authority's appearance in the matter. Pleadings, new text end 10.15 new text begin filings, and methods of service are governed by the Rules of Civil Procedure. new text end 10.16     new text begin (e) The complaint must be captioned in the name of the claimant as plaintiff and new text end 10.17 new text begin the seized vehicle as defendant and must state with specificity the grounds on which the new text end 10.18 new text begin claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle new text end 10.19 new text begin seized, and any affirmative defenses the claimant may have. Notwithstanding any law to new text end 10.20 new text begin the contrary, an action for the return of an off-highway vehicle seized under this section new text end 10.21 new text begin may not be maintained by or on behalf of any person who has been served with a notice of new text end 10.22 new text begin seizure and forfeiture unless the person has complied with this subdivision. new text end 10.23     new text begin (f) If the claimant makes a timely demand for a judicial determination under this new text end 10.24 new text begin subdivision, the forfeiture proceedings must be conducted according to subdivision 9. new text end 10.25     new text begin Subd. 9. new text end new text begin Judicial forfeiture procedure. new text end new text begin (a) This subdivision governs judicial new text end 10.26 new text begin determinations of the forfeiture of an off-highway vehicle used to commit a designated new text end 10.27 new text begin offense. An action for forfeiture is a civil in rem action and is independent of any criminal new text end 10.28 new text begin prosecution. All proceedings are governed by the Rules of Civil Procedure. new text end 10.29     new text begin (b) If no demand for judicial determination of the forfeiture is pending, the new text end 10.30 new text begin prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a new text end 10.31 new text begin separate complaint against the vehicle, describing it, specifying that it was used in the new text end 10.32 new text begin commission of a designated offense, and specifying the time and place of its unlawful use. new text end 10.33     new text begin (c) The prosecuting authority may file an answer to a properly served demand new text end 10.34 new text begin for judicial determination, including an affirmative counterclaim for forfeiture. The new text end 10.35 new text begin prosecuting authority is not required to file an answer. new text end 11.1     new text begin (d) A judicial determination under this subdivision must not precede adjudication in new text end 11.2 new text begin the criminal prosecution of the designated offense without the consent of the prosecuting new text end 11.3 new text begin authority. The district court administrator shall schedule the hearing as soon as practicable new text end 11.4 new text begin after adjudication in the criminal prosecution. The district court administrator shall new text end 11.5 new text begin establish procedures to ensure efficient compliance with this subdivision. The hearing is new text end 11.6 new text begin to the court without a jury. new text end 11.7     new text begin (e) There is a presumption that an off-highway vehicle seized under this section is new text end 11.8 new text begin subject to forfeiture if the prosecuting authority establishes that the vehicle was used in new text end 11.9 new text begin the commission of a designated offense. A claimant bears the burden of proving any new text end 11.10 new text begin affirmative defense raised. new text end 11.11     new text begin (f) If the forfeiture is based on the commission of a designated offense and the person new text end 11.12 new text begin charged with the designated offense appears in court as required and is not convicted of new text end 11.13 new text begin the offense, the court shall order the property returned to the person legally entitled to it new text end 11.14 new text begin upon that person's compliance with the redemption requirements of subdivision 12. new text end 11.15     new text begin (g) If the lawful ownership of the vehicle used in the commission of a designated new text end 11.16 new text begin offense can be determined and the owner makes the demonstration required under new text end 11.17 new text begin subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's new text end 11.18 new text begin compliance with the redemption requirements of subdivision 12. new text end 11.19     new text begin (h) If the court orders the return of a seized vehicle under this subdivision, it must new text end 11.20 new text begin order that filing fees be reimbursed to the person who filed the demand for judicial new text end 11.21 new text begin determination. In addition, the court may order sanctions under section new text end new text begin . Any new text end 11.22 new text begin reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law new text end 11.23 new text begin enforcement agency and prosecuting authority involved and in the same proportion as new text end 11.24 new text begin distributed under subdivision 10, paragraph (b). new text end 11.25     new text begin Subd. 10. new text end new text begin Disposition of forfeited vehicle. new text end new text begin (a) If the vehicle is administratively new text end 11.26 new text begin forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is new text end 11.27 new text begin subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall: new text end 11.28     new text begin (1) sell the vehicle and distribute the proceeds under paragraph (b); or new text end 11.29     new text begin (2) keep the vehicle for official use. If the agency keeps a forfeited off-highway new text end 11.30 new text begin vehicle for official use, the agency shall make reasonable efforts to ensure that the new text end 11.31 new text begin off-highway vehicle is available for use by the agency's officers who participate in new text end 11.32 new text begin off-highway vehicle enforcement or education programs. new text end 11.33     new text begin (b) The proceeds from the sale of forfeited vehicles, after payment of seizure, new text end 11.34 new text begin towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the new text end 11.35 new text begin property, must be distributed as follows: new text end 12.1     new text begin (1) 70 percent of the proceeds must be forwarded to the appropriate agency for new text end 12.2 new text begin deposit as a supplement to the state or local agency's operating fund or similar fund for use new text end 12.3 new text begin in purchasing equipment for off-highway vehicle enforcement, training, and education; and new text end 12.4     new text begin (2) 30 percent of the money or proceeds must be forwarded to the prosecuting new text end 12.5 new text begin authority that handled the forfeiture for deposit as a supplement to its operating fund or new text end 12.6 new text begin similar fund for prosecutorial purposes. new text end 12.7     new text begin Subd. 11. new text end new text begin Sale of forfeited vehicle by secured party. new text end new text begin (a) A financial institution new text end 12.8 new text begin with a valid security interest in or a valid lease covering a forfeited off-highway vehicle new text end 12.9 new text begin may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate new text end 12.10 new text begin agency disposing of the vehicle under subdivision 10. A financial institution wishing to new text end 12.11 new text begin dispose of an off-highway vehicle under this subdivision shall notify the appropriate new text end 12.12 new text begin agency of its intent, in writing, within 30 days after receiving notice of the seizure and new text end 12.13 new text begin forfeiture. The appropriate agency shall release the vehicle to the financial institution or new text end 12.14 new text begin its agent after the financial institution presents proof of its valid security agreement or of new text end 12.15 new text begin its lease agreement and the financial institution agrees not to sell the vehicle to a family or new text end 12.16 new text begin household member of the violator, unless the violator is not convicted of the offense on new text end 12.17 new text begin which the forfeiture is based. The financial institution shall dispose of the vehicle in a new text end 12.18 new text begin commercially reasonable manner as defined in section new text end new text begin . new text end 12.19     new text begin (b) After disposing of the forfeited vehicle, the financial institution shall reimburse new text end 12.20 new text begin the appropriate agency for its seizure, storage, and forfeiture costs. The financial new text end 12.21 new text begin institution may then apply the proceeds of the sale to its storage costs, to its sale new text end 12.22 new text begin expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the new text end 12.23 new text begin financial institution shall forward the proceeds to the state treasury, which shall credit the new text end 12.24 new text begin appropriate fund as specified in subdivision 10. new text end 12.25     new text begin Subd. 12. new text end new text begin Redemption requirements. new text end new text begin (a) If an off-highway vehicle is seized by a new text end 12.26 new text begin peace officer for a designated offense, the seized vehicle must be released only: new text end 12.27     new text begin (1) to the registered owner, a person authorized by the registered owner, a lienholder new text end 12.28 new text begin of record, or a person who has purchased the vehicle from the registered owner who new text end 12.29 new text begin provides proof of ownership of the vehicle; new text end 12.30     new text begin (2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee who new text end 12.31 new text begin provides a copy of the rental or lease agreement; or new text end 12.32     new text begin (3) to an agent of a towing company authorized by a registered owner if the owner new text end 12.33 new text begin provides proof of ownership of the vehicle. new text end 12.34     new text begin (b) The proof of ownership or, if applicable, the copy of the rental or lease agreement new text end 12.35 new text begin required under paragraph (a) must be provided to the law enforcement agency seizing the new text end 13.1 new text begin vehicle or to a person or entity designated by the law enforcement agency to receive new text end 13.2 new text begin the information. new text end 13.3     new text begin (c) No law enforcement agency, local unit of government, or state agency is new text end 13.4 new text begin responsible or financially liable for any storage fees incurred due to a seizure under this new text end 13.5 new text begin section. new text end 13.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to crimes new text end 13.7 new text begin committed on or after that date. new text end 13.8    Sec. 7. Minnesota Statutes 2008, section 84.928, subdivision 1a, is amended to read: 13.9    Subd. 1a. Crossing a public road right-of-way. (a) An all-terrain vehicle may 13.10make a direct crossing of a public road right-of-way provided: 13.11(1) the crossing is made at an angle of approximately 90 degrees to the direction of 13.12the road and at a place where no obstruction prevents a quick and safe crossing; 13.13(2) the vehicle is brought to a complete stop before crossing the shoulder or 13.14main-traveled way of the road; 13.15(3) the driver yields the right-of-way to all oncoming traffic that constitutes an 13.16immediate hazard; 13.17(4) in crossing a divided road, the crossing is made only at an intersection of the 13.18road with another public road; and 13.19(5) if the crossing is made between the hours of one-half hour after sunset to 13.20one-half hour before sunrise or in conditions of reduced visibility, only if both front and 13.21rear lights are on. 13.22(b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is 13.23part of the main-traveled lanes of an interstate highway, or roadway shoulder or inside 13.24bank of a public road right-of-way when required for the purpose of avoiding obstructions 13.25to travel new text begin or environmentally sensitive areas new text end when no other method of avoidance is 13.26possible; provided the all-terrain vehicle is operated in the extreme right-hand lane, the 13.27entrance to the roadway is made within 100 feet of the bridge or new text begin , new text end obstacle, new text begin or sensitive new text end 13.28 new text begin area, new text end and the crossing is made without undue delay. 13.29(c) A person shall not operate an all-terrain vehicle upon a public street or highway 13.30unless the vehicle is equipped with at least one headlight and one taillight, each of 13.31minimum candlepower as prescribed by rules of the commissioner, and with brakes 13.32conforming to standards prescribed by rule of the commissioner, and all of which are 13.33subject to the approval of the commissioner of public safety. 14.1(d) An all-terrain vehicle may be operated upon a public road right-of-way other 14.2than as provided by paragraph (b) in an emergency during the period of time when and at 14.3locations where the condition of the roadway renders travel by automobile impractical. 14.4(e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets 14.5and highways, except for those provisions relating to required equipment and except those 14.6provisions which by their nature have no application. 14.7(f) A sled, trailer, or other device being towed by an all-terrain vehicle must be 14.8equipped with reflective materials as required by rule of the commissioner. 14.9(g) A driver's license is not required to operate an all-terrain vehicle along or on a 14.10public road right-of-way if the right-of-way encompasses a trail administered by the 14.11commissioner and designated for all-terrain vehicle use or multiple use. 14.12(h) A road authority as defined in section 160.02, subdivision 25, may by permit 14.13designate corridor access trails on public road rights-of-way for purposes of accessing 14.14established all-terrain vehicle trails. A driver's license is not required to operate an 14.15all-terrain vehicle on a designated corridor access trail. 14.16    Sec. 8. Minnesota Statutes 2008, section 85.015, subdivision 2, is amended to read: 14.17    Subd. 2. Casey Jones Trail, Murray, Redwood, and Pipestone new text begin , and Rock new text end 14.18Counties. (a) The trail shall originate in Lake Shetek State Park in Murray County 14.19and include the six-mile loop between Currie in Murray County and Lake Shetek State 14.20Park. From there, the first half of the trail shall trail southwesterly to Slayton in Murray 14.21County; thence westerly to the point of intersection with the most easterly terminus of 14.22the state-owned abandoned railroad right-of-way, commonly known as the Casey Jones 14.23unit; thence westerly along said Casey Jones unit to Pipestone in Pipestone County; thence 14.24southwesterly to Split Rock Creek State Park in Pipestone County, new text begin ; thence southeasterly new text end 14.25 new text begin to Blue Mounds State Park in Rock County; thence southerly to Luverne and Schoneman new text end 14.26 new text begin Park in Rock County, new text end and there terminate. The second half of the trail shall commence 14.27in Lake Shetek State Park in Murray County and trail northeasterly to Walnut Grove in 14.28Redwood County; thence northeasterly to Redwood Falls in Redwood County to join with 14.29the Minnesota River State Trail. 14.30(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail. 14.31Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally 14.32established, and the use thereof shall be concurrent. 14.33    Sec. 9. Minnesota Statutes 2008, section 85.015, is amended by adding a subdivision 14.34to read: 15.1     new text begin Subd. 26. new text end new text begin Des Moines River Valley Trail, Jackson, Cottonwood, and Murray new text end 15.2 new text begin Counties. new text end new text begin The trail shall originate in Jackson County at the Minnesota-Iowa border and new text end 15.3 new text begin connect with the Dickinson Trail in Mini-Wakan State Park in Iowa. To the greatest extent new text end 15.4 new text begin possible, the trail shall follow the Des Moines River Valley, extending northwesterly new text end 15.5 new text begin through Jackson County to Kilen Woods State Park, through Cottonwood County, and into new text end 15.6 new text begin Murray County. The trail shall terminate at Casey Jones Trail in Murray County. new text end 15.7    Sec. 10. Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read: 15.8    Subd. 3. Second vehicle new text begin Multiple-vehicle new text end permits. The commissioner shall 15.9prescribe and issue second vehicle new text begin multiple-vehicle new text end state park permits for persons who 15.10own more than one motor vehicle and who request a second new text begin the new text end permit for the second 15.11vehicle new text begin additional vehicles new text end on a form prescribed by the commissioner. The commissioner 15.12may issue an applicant only one second vehicle permit. 15.13    Sec. 11. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 15.14to read: 15.15     new text begin Subd. 15. new text end new text begin John A. Latsch State Park. new text end new text begin A state park permit is not required and a fee new text end 15.16 new text begin may not be charged for motor vehicle entry or parking at the parking lot located adjacent new text end 15.17 new text begin to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park. new text end 15.18    Sec. 12. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 15.19to read: 15.20     new text begin Subd. 16. new text end new text begin Greenleaf Lake State Recreation Area. new text end new text begin A state park permit is not new text end 15.21 new text begin required and a fee may not be charged for motor vehicle entry or parking at Greenleaf new text end 15.22 new text begin Lake State Recreation Area. new text end 15.23    Sec. 13. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 15.24to read: 15.25     new text begin Subd. 17. new text end new text begin School-sanctioned activities. new text end new text begin A state park permit is not required and a new text end 15.26 new text begin fee may not be charged for vehicles transporting K-12 students engaged in school district new text end 15.27 new text begin sanctioned activities at state parks. new text end 15.28    Sec. 14. Minnesota Statutes 2008, section 85.055, subdivision 1, is amended to read: 15.29    Subdivision 1. Fees. The fee for state park permits for: 15.30(1) an annual use of state parks is $25; 15.31(2) a second new text begin or subsequent new text end vehicle state park permit is $18; 16.1(3) a state park permit valid for one day is $5; 16.2(4) a daily vehicle state park permit for groups is $3; 16.3(5) an annual permit for motorcycles is $20; 16.4(6) an employee's state park permit is without charge; and 16.5(7) a state park permit for disabled persons under section 85.053, subdivision 7, 16.6clauses (1) and (2), is $12. 16.7The fees specified in this subdivision include any sales tax required by state law. 16.8    Sec. 15. Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision 16.9to read: 16.10     new text begin Subd. 15. new text end new text begin State boater wayside. new text end new text begin (a) Boater waysides may be established to provide new text end 16.11 new text begin for public use. new text end 16.12 new text begin (b) No unit shall be authorized as a state boater wayside unless its proposed location new text end 16.13 new text begin substantially satisfies the following criteria: new text end 16.14 new text begin (1) contains resources that are desirable for use by boaters; new text end 16.15 new text begin (2) is accessible by persons traveling by boat, canoe, or kayak; and new text end 16.16 new text begin (3) may be near, associated with, or located within a unit of the outdoor recreation new text end 16.17 new text begin system under this section. new text end 16.18 new text begin (c) State boater waysides shall be administered by the commissioner of natural new text end 16.19 new text begin resources in a manner that is consistent with the purpose of this subdivision. Facilities new text end 16.20 new text begin for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be new text end 16.21 new text begin provided when the commissioner determines that these activities are justifiable and new text end 16.22 new text begin compatible with the resources and the natural environment. new text end 16.23    Sec. 16. Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read: 16.24    Subdivision 1. Secondary authorization; when permitted. A unit of the outdoor 16.25recreation system may be authorized wholly or partially within the boundaries of another 16.26unit only when the authorization is consistent with the purposes and objectives of the 16.27respective units and only in the instances permitted below: 16.28    (a) The following units may be authorized wholly or partially within a state park: 16.29historic site, scientific and natural area, wilderness area, wild, scenic, and recreational 16.30river, trail, rest area, aquatic management area, and water access site. 16.31    (b) The following units may be authorized wholly or partially within a state 16.32recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, 16.33trail, rest area, aquatic management area, wildlife management area, and water access site. 17.1    (c) The following units may be authorized wholly or partially within a state forest: 17.2state park, state recreation area, historic site, wildlife management area, scientific and 17.3natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic 17.4management area, and water access site. 17.5    (d) The following units may be authorized wholly or partially within a state historic 17.6site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and 17.7water access site. 17.8    (e) The following units may be authorized wholly or partially within a state wildlife 17.9management area: state water access site and aquatic management area. 17.10    (f) The following units may be authorized wholly or partially within a state wild, 17.11scenic, or recreational river: state park, historic site, scientific and natural area, wilderness 17.12area, trail, rest area, aquatic management area, and water access site. 17.13    (g) The following units may be authorized wholly or partially within a state rest 17.14area: historic site, trail, wild, scenic, and recreational river, aquatic management area, 17.15and water access site. 17.16    (h) The following units may be authorized wholly or partially within an aquatic 17.17management area: historic site, scientific and natural area, wild, scenic, and recreational 17.18river, and water access site. 17.19    Sec. 17. Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read: 17.20    Subdivision 1. Master plan required. No construction of new facilities or other 17.21development of an authorized unit, other than repairs and maintenance, shall commence 17.22until the managing agency has prepared and submitted to the commissioner of natural 17.23resources and the commissioner has reviewed, pursuant to this section, a master plan for 17.24administration of the unit in conformity with this section. No master plan is required for 17.25wildlife management areas that do not have resident managers, for water access sites, for 17.26aquatic management areas, or for rest areas new text begin , or for boater waysides new text end . 17.27    Sec. 18. Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision 17.28to read: 17.29     new text begin Subd. 6. new text end new text begin Law enforcement watercraft displaying emergency lights. new text end new text begin When new text end 17.30 new text begin approaching and passing a law enforcement watercraft with its emergency lights new text end 17.31 new text begin activated, the operator of a watercraft must safely move the watercraft away from the law new text end 17.32 new text begin enforcement watercraft and maintain a slow-no wake speed while within 150 feet of new text end 17.33 new text begin the law enforcement watercraft. new text end 18.1    Sec. 19. Minnesota Statutes 2008, section 97A.321, is amended to read: 18.297A.321 DOGS PURSUING OR KILLING BIG GAME. 18.3     new text begin Subdivision 1. new text end new text begin Owner responsibility; penalty amount. new text end The owner of a dog that 18.4pursues but does not kill a big game animal is subject to a civil penalty of $100 for each 18.5violation. The owner of a dog that kills a big game animal is subject to a civil penalty of 18.6$500 for each violation. 18.7     new text begin Subd. 2. new text end new text begin Appeals. new text end new text begin Civil penalties under this section may be appealed according to new text end 18.8 new text begin procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying new text end 18.9 new text begin the commissioner in writing within 15 days after receipt of the citation. If a hearing new text end 18.10 new text begin is not requested within the 15-day period, the civil penalty becomes a final order not new text end 18.11 new text begin subject to further review. new text end 18.12     new text begin Subd. 3. new text end new text begin Enforcement. new text end new text begin Civil penalties under this section may be enforced according new text end 18.13 new text begin to section 116.072, subdivisions 9 and 10. new text end 18.14     new text begin Subd. 4. new text end new text begin Payment of penalty. new text end new text begin Penalty amounts shall be remitted to the new text end 18.15 new text begin commissioner within 30 days of issuance of the penalty notice and shall be deposited in new text end 18.16 new text begin the game and fish fund. new text end 18.17    Sec. 20. new text begin [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY. new text end 18.18 new text begin A licensed peace officer may, at any time, take a protected wild animal that is posing new text end 18.19 new text begin an immediate threat to public safety. A peace officer who destroys a protected wild animal new text end 18.20 new text begin under this section must report the taking to a conservation officer as soon as practicable, new text end 18.21 new text begin but no later than 48 hours after the animal is destroyed. new text end 18.22    Sec. 21. Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read: 18.23    Subdivision 1. Membership. The Board of Water and Soil Resources is composed 18.24of 12 new text begin 15 appointed new text end members knowledgeable of water and soil problems and conditions 18.25within the state and five ex officio members. 18.26    Sec. 22. Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read: 18.27    Subd. 2. Voting members. (a) The members are: 18.28(1) three county commissioners; 18.29(2) three soil and water conservation district supervisors; 18.30(3) three watershed district or watershed management organization representatives; 18.31(4) three citizens who are not employed by, or the appointed or elected officials of, 18.32a governmental office, board, or agency; 18.33 new text begin (5) one township officer; new text end 19.1 new text begin (6) two elected city officials, one of whom must be from a city located in the new text end 19.2 new text begin metropolitan area, as defined under section 473.121, subdivision 2; new text end 19.3(5) new text begin (7) new text end the commissioner of agriculture; 19.4(6) new text begin (8) new text end the commissioner of health; 19.5(7) new text begin (9) new text end the commissioner of natural resources; 19.6(8) new text begin (10) new text end the commissioner of the Pollution Control Agency; and 19.7(9) new text begin (11) new text end the director of the University of Minnesota Extension Service. 19.8(b) Members in paragraph (a), clauses (1) to (4) new text begin (6) new text end , must be distributed across 19.9the state with at least three new text begin four new text end members but not more than five new text begin six new text end members from the 19.10metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the 19.11current soil and water conservation administrative regions. 19.12(c) Members in paragraph (a), clauses (1) to (4) new text begin (6) new text end , are appointed by the governor. 19.13In making the appointments, the governor may consider persons recommended by 19.14the Association of Minnesota Counties, new text begin the Minnesota Association of Townships, the new text end 19.15 new text begin League of Minnesota Cities, new text end the Minnesota Association of Soil and Water Conservation 19.16Districts, and the Minnesota Association of Watershed Districts. The list submitted by an 19.17association must contain at least three nominees for each position to be filled. 19.18(d) The membership terms, compensation, removal of members and filling of 19.19vacancies on the board for members in paragraph (a), clauses (1) to (4) new text begin (6) new text end , are as provided 19.20in section 15.0575. 19.21    Sec. 23. Minnesota Statutes 2008, section 103B.3355, is amended to read: 19.22103B.3355 WETLAND FUNCTIONS FOR DETERMINING PUBLIC 19.23VALUES. 19.24(a) The public values of wetlands must be determined based upon the functions of 19.25wetlands for: 19.26(1) water quality, including filtering of pollutants to surface and groundwater, 19.27utilization of nutrients that would otherwise pollute public waters, trapping of sediments, 19.28shoreline protection, and utilization of the wetland as a recharge area for groundwater; 19.29(2) floodwater and stormwater retention, including the potential for flooding in 19.30the watershed, the value of property subject to flooding, and the reduction in potential 19.31flooding by the wetland; 19.32(3) public recreation and education, including hunting and fishing areas, wildlife 19.33viewing areas, and nature areas; 19.34(4) commercial uses, including wild rice and cranberry growing and harvesting 19.35and aquaculture; 20.1(5) fish, wildlife, native plant habitats; 20.2(6) low-flow augmentation; and 20.3(7) new text begin carbon sequestration; and new text end 20.4 new text begin (8) new text end other public uses. 20.5(b) The Board of Water and Soil Resources, in consultation with the commissioners 20.6of natural resources and agriculture and local government units, shall adopt rules 20.7establishing: 20.8(1) scientific methodologies for determining the functions of wetlands; and 20.9(2) criteria for determining the resulting public values of wetlands. 20.10(c) The methodologies and criteria established under this section or other 20.11methodologies and criteria that include the functions in paragraph (a) and are approved 20.12by the board, in consultation with the commissioners of natural resources and agriculture 20.13and local government units, must be used to determine the functions and resulting public 20.14values of wetlands in the state. The functions listed in paragraph (a) are not listed in 20.15order of priority. 20.16(d) Public value criteria established or approved by the board under this section do 20.17not apply in areas subject to local comprehensive wetland protection and management 20.18plans established under section 103G.2243. 20.19(e) The Board of Water and Soil Resources, in consultation with the commissioners 20.20of natural resources and agriculture and local government units, may identify regions of 20.21the state where preservation, enhancement, restoration, and establishment of wetlands 20.22would have high public value. The board, in consultation with the commissioners, may 20.23identify high priority wetland regions using available information relating to the factors 20.24listed in paragraph (a). The board shall notify local units of government with water 20.25planning authority of these high priority regions. 20.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 20.27 new text begin rulemaking that begins after that date. new text end 20.28    Sec. 24. Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to 20.29read: 20.30    Subd. 5. Financial assistance. A base grant may be awarded to a county that levies new text begin new text end 20.31 new text begin provides a match utilizing a water implementation tax or other local source. new text end A water 20.32implementation tax new text begin that a county intends to use as a match to the base grant must be levied new text end 20.33at a rate, which shall be determined by the board. The minimum amount of the water 20.34implementation tax shall be a tax rate times the adjusted net tax capacity of the county for 20.35the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent, 21.1that, when applied to the adjusted net tax capacity for all counties, raises the amount of 21.2$1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised 21.3by that levy new text begin the local match new text end . If the amount necessary to implement the local water plan for 21.4the county is less than $37,500, the amount of the base grant shall be the amount that, 21.5when added to the levy new text begin match new text end amount, equals the amount required to implement the plan. 21.6For counties where the tax rate generates an amount equal to or greater than $18,750, the 21.7base grant shall be in an amount equal to $18,750. 21.8    Sec. 25. Minnesota Statutes 2008, section 103C.501, subdivision 2, is amended to read: 21.9    Subd. 2. Request by district board. (a) A district board requesting funds of the 21.10state board must submit an application in a form prescribed by the board containing: 21.11(1) a comprehensive plan; 21.12(2) an annual work plan; and 21.13(3) an application for cost-sharing funds. 21.14(b) The comprehensive and annual work plans must be completed as provided in 21.15section 103C.331, subdivision 11. After review of the district's comprehensive plan, the 21.16state board must approve the comprehensive plan with necessary amendments or reject 21.17the plan. 21.18    Sec. 26. Minnesota Statutes 2008, section 103C.501, subdivision 4, is amended to read: 21.19    Subd. 4. Cost-sharing funds. (a) The state board shall allocate at least 70 percent 21.20of cost-sharing funds to areas with high priority erosion, sedimentation, or water quality 21.21problems new text begin or water quantity problems due to altered hydrology new text end . The areas must be 21.22selected based on the statewide priorities established by the state board. The allocated 21.23funds must be used for conservation practices for high priority problems identified in the 21.24comprehensive and annual work plans of the districts. 21.25(b) The remaining cost-sharing funds may be allocated to districts as follows: 21.26(1) for technical and administrative assistance, not more than 20 percent of the 21.27funds; and 21.28(2) for conservation practices for lower priority erosion, sedimentation, or water 21.29quality problems. 21.30    Sec. 27. Minnesota Statutes 2008, section 103C.501, subdivision 5, is amended to read: 21.31    Subd. 5. Contracts by districts. (a) A district board may contract on a cost-share 21.32basis to furnish financial aid to a land occupier or to a state agency for permanent systems 22.1for erosion or sedimentation control or water quality improvement new text begin or water quantity new text end 22.2 new text begin improvements new text end that are consistent with the district's comprehensive and annual work plans. 22.3(b) The duration of the contract must, at a minimum, be the time required to 22.4complete the planned systems. A contract must specify that the land occupier is liable for 22.5monetary damages and penalties in an amount up to 150 percent of the financial assistance 22.6received from the district, for failure to complete the systems or practices in a timely 22.7manner or maintain the systems or practices as specified in the contract. 22.8(c) A contract may provide for cooperation or funding with federal agencies. A land 22.9occupier or state agency may provide the cost-sharing portion of the contract through 22.10services in kind. 22.11(d) The state board or the district board may not furnish any financial aid for 22.12practices designed only to increase land productivity. 22.13(e) When a district board determines that long-term maintenance of a system or 22.14practice is desirable, the board may require that maintenance be made a covenant upon 22.15the land for the effective life of the practice. A covenant under this subdivision shall be 22.16construed in the same manner as a conservation restriction under section 84.65. 22.17    Sec. 28. Minnesota Statutes 2008, section 103C.501, subdivision 6, is amended to read: 22.18    Subd. 6. new text begin Policies and new text end rules. (a) The state board new text begin may adopt rules and new text end shall adopt 22.19rules new text begin policies new text end prescribing: 22.20(1) procedures and criteria for allocating funds for cost-sharing contracts; 22.21(2) standards and guidelines for cost-sharing contracts; 22.22(3) the scope and content of district comprehensive plans, plan amendments, and 22.23annual work plans; 22.24(4) standards and methods necessary to plan and implement a priority cost-sharing 22.25program, including guidelines to identify high priority erosion, sedimentation, and water 22.26quality problems new text begin and water quantity problems due to altered hydrology new text end ; 22.27(5) the share of the cost of conservation practices to be paid from cost-sharing 22.28funds; and 22.29(6) requirements for districts to document their efforts to identify and contact land 22.30occupiers with high priority erosion problems. 22.31(b) The rules may provide that cost-sharing may be used for farmstead windbreaks 22.32and shelterbelts for the purposes of energy conservation and snow protection. 22.33 new text begin (c) The board may establish alternative practices to those defined in section 84.02 new text end 22.34 new text begin for restoration or establishment of native prairie, grasslands, shorelands, riparian buffers, new text end 23.1 new text begin or wetlands based on soil type, seed availability, adjacent land uses, project or practice new text end 23.2 new text begin purpose, or other site-specific factors. new text end 23.3    Sec. 29. Minnesota Statutes 2008, section 103F.505, is amended to read: 23.4103F.505 PURPOSE AND POLICY. 23.5It is the purpose of sections 103F.505 to 103F.531 to keep new text begin restore new text end certain marginal 23.6agricultural land out of crop production new text begin and protect environmentally sensitive areas new text end to 23.7protect new text begin enhance new text end soil and water quality new text begin , minimize damage to flood-prone areas, sequester new text end 23.8 new text begin carbon, new text end and support new text begin native plant, new text end fish new text begin , new text end and wildlife habitat new text begin habitats new text end . It is state policy to 23.9encourage the new text begin restoration of wetlands and riparian lands and promote the new text end retirement of 23.10marginal, highly erodible land, particularly land adjacent to public waters, drainage 23.11systems, wetlands, and locally designated priority waters, from crop production and to 23.12reestablish a cover of perennial vegetation. 23.13    Sec. 30. Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read: 23.14    Subd. 5. Drained wetland. "Drained wetland" means a former natural wetland that 23.15has been altered by draining, dredging, filling, leveling, or other manipulation sufficient 23.16to render the land suitable for agricultural crop production. The alteration must have 23.17occurred before December 23, 1985, and must be a legal alteration as determined by the 23.18commissioner of natural resources. 23.19    Sec. 31. Minnesota Statutes 2008, section 103F.511, is amended by adding a 23.20subdivision to read: 23.21     new text begin Subd. 8a. new text end new text begin Reinvest in Minnesota reserve program. new text end new text begin "Reinvest in Minnesota new text end 23.22 new text begin reserve program" means the program established under section 103F.515. new text end 23.23    Sec. 32. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read: 23.24    Subd. 8a new text begin 8b new text end . Riparian land. "Riparian land" means lands adjacent to public 23.25waters, drainage systems, wetlands, or locally designated priority waters identified in a 23.26comprehensive local water plan, as defined in section 103B.3363, subdivision 3. 23.27    Sec. 33. Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read: 23.28    Subdivision 1. Establishment of program. The board, in consultation with the 23.29commissioner of agriculture and the commissioner of natural resources, shall establish 23.30and administer a conservation new text begin the reinvest in Minnesota new text end reserve program. The board 23.31shall implement sections 103F.505 to 103F.531. Selection of land for the conservation new text begin new text end 24.1 new text begin reinvest in Minnesota new text end reserve program must be based on its new text begin enhancement new text end potential for 24.2fish and new text begin , new text end wildlife production new text begin , and native plant habitats new text end , reducing erosion, and protecting 24.3water quality. 24.4    Sec. 34. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read: 24.5    Subd. 2. Eligible land. (a) Land may be placed in the conservation new text begin reinvest in new text end 24.6 new text begin Minnesota new text end reserve program if the land meets the requirements of paragraphs (b) and 24.7(c) new text begin , or paragraph (d) new text end . 24.8(b) Land is eligible if the land: 24.9(1) is marginal agricultural land; 24.10(2) is adjacent to marginal agricultural land and is either beneficial to resource 24.11protection or necessary for efficient recording of the land description; 24.12(3) consists of a drained wetland; 24.13(4) is land that with a windbreak new text begin or water quality improvement practice new text end would be 24.14beneficial to resource protection; 24.15(5) is land in a sensitive groundwater area; 24.16(6) is riparian land; 24.17(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to 24.18four new text begin eight new text end acres of cropland or one acre of noncropland for each acre of wetland restored; 24.19(8) is a woodlot on agricultural land; 24.20(9) is abandoned building site on agricultural land, provided that funds are not used 24.21for compensation of the value of the buildings; or 24.22(10) is land on a hillside used for pasture. 24.23(c) Eligible land under paragraph (a) must: 24.24(1) be owned by the landowner, or a parent or other blood relative of the landowner, 24.25for at least one year before the date of application; 24.26(2) be at least five acres in size, except for a drained wetland area, riparian area, 24.27windbreak, woodlot, or abandoned building site, or be a whole field as defined by the 24.28United States Agricultural Stabilization and Conservation Services; 24.29(3) not be set aside, enrolled or diverted under another federal or state government 24.30program unless enrollment in the conservation new text begin reinvest in Minnesota new text end reserve program 24.31would provide additional conservation benefits or a longer term of enrollment than under 24.32the current federal or state program; and 24.33(4) have been in agricultural crop production for at least two of the last five 24.34years before the date of application new text begin , new text end except drained wetlands, riparian lands, woodlots, 25.1abandoned building sites, new text begin environmentally sensitive areas, new text end or land on a hillside used 25.2for pasture. 25.3(d) In selecting drained wetlands for enrollment in the program, the highest priority 25.4must be given to wetlands with a cropping history during the period 1976 to 1985 new text begin Land is new text end 25.5 new text begin eligible if the land is a wellhead protection area as defined in section 103I.005, subdivision new text end 25.6 new text begin 24, and has a wellhead protection plan approved by the commissioner of health new text end . 25.7(e) In selecting land for enrollment in the program, highest priority must be given to 25.8permanent easements that are consistent with the purposes stated in section 103F.505. 25.9    Sec. 35. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read: 25.10    Subd. 4. Nature of property rights acquired. (a) A conservation easement must 25.11prohibit: 25.12(1) alteration of wildlife habitat and other natural features, unless specifically 25.13approved by the board; 25.14(2) agricultural crop production new text begin and livestock grazing new text end , unless specifically approved 25.15by the board for wildlife new text begin conservation new text end management purposes new text begin or extreme drought new text end ; new text begin and new text end 25.16(3) grazing of livestock except, for agreements entered before the effective date of 25.17Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the 25.18board after consultation with the commissioner of natural resources, in the case of severe 25.19drought, or a local emergency declared under section ; and 25.20(4) spraying with chemicals or mowing, except as necessary to comply with noxious 25.21weed control laws or new text begin , for new text end emergency control of pests necessary to protect public health new text begin , or new text end 25.22 new text begin as approved by the board for conservation management purposes new text end . 25.23(b) A conservation easement is subject to the terms of the agreement provided in 25.24subdivision 5. 25.25(c) A conservation easement must allow repairs, improvements, and inspections 25.26necessary to maintain public drainage systems provided the easement area is restored to 25.27the condition required by the terms of the conservation easement. 25.28    Sec. 36. Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read: 25.29    Subd. 5. Agreements by landowner. The board may enroll eligible land in the 25.30conservation new text begin reinvest in Minnesota new text end reserve program by signing an agreement in recordable 25.31form with a landowner in which the landowner agrees: 25.32(1) to convey to the state a conservation easement that is not subject to any prior 25.33title, lien, or encumbrance; 26.1(2) to seed the land subject to the conservation easement, as specified in the 26.2agreement, to establish and maintain perennial cover of either a grass-legume mixture or 26.3native grasses for the term of the easement, at seeding rates determined by the board; or 26.4to plant trees or carry out other long-term capital improvements approved by the board 26.5for soil and water conservation or wildlife management; 26.6(3) to convey to the state a permanent easement for the wetland restoration; 26.7(4) that other land supporting natural vegetation owned or leased as part of the 26.8same farm operation at the time of application, if it supports natural vegetation or new text begin and new text end 26.9has not been used in agricultural crop production, will not be converted to agricultural 26.10crop production or pasture; and 26.11(5) that the easement duration may be lengthened through mutual agreement with 26.12the board in consultation with the commissioners of agriculture and natural resources 26.13if they determine that the changes effectuate the purpose of the program or facilitate 26.14its administration. 26.15    Sec. 37. Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read: 26.16    Subd. 6. Payments for conservation easements and establishment of cover new text begin new text end 26.17 new text begin conservation practices new text end . (a) The board must make the following new text begin shall establish rates new text end 26.18 new text begin for new text end payments to the landowner for the conservation easement and agreement: new text begin related new text end 26.19 new text begin practices. The board shall consider market factors, including the township average new text end 26.20 new text begin equalized estimated market value of property as established by the commissioner of new text end 26.21 new text begin revenue at the time of easement application. new text end 26.22(1) to establish the perennial cover or other improvements required by the agreement: 26.23(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost 26.24not to exceed $125 per acre for limited duration easements and 100 percent of the total 26.25eligible cost not to exceed $150 per acre for perpetual easements; 26.26(ii) for native species restoration, 75 percent of the total eligible cost not to exceed 26.27$200 per acre for limited duration easements and 100 percent of the total eligible cost not 26.28to exceed $300 per acre for perpetual easements; and 26.29(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600 26.30per acre; 26.31(2) for the cost of planting trees required by the agreement, up to 75 percent of the 26.32total eligible cost not to exceed $250 per acre for limited duration easements, and 100 26.33percent of the total eligible cost not to exceed $400 per acre for perpetual easements; 27.1(3) for a permanent easement, 70 percent of the township average equalized 27.2estimated market value of agricultural property as established by the commissioner of 27.3revenue at the time of easement application; 27.4(4) for an easement of limited duration, 90 percent of the present value of the 27.5average of the accepted bids for the federal conservation reserve program, as contained in 27.6Public Law 99-198, in the relevant geographic area and on bids accepted at the time of 27.7easement application; or 27.8(5) an alternative payment system for easements based on cash rent or a similar 27.9system as may be determined by the board. 27.10(b) For hillside pasture conservation easements, the payments to the landowner in 27.11paragraph (a) for the conservation easement and agreement must be reduced to reflect the 27.12value of similar property. 27.13 new text begin (b) The board may establish alternative practices to those defined in section 84.02 for new text end 27.14 new text begin restoration of native prairie, grasslands, or wetlands based on soil type, seed availability, new text end 27.15 new text begin adjacent land uses, or other site-specific factors. new text end 27.16(c) The board may establish a payment system for flowage easements acquired 27.17under this section. 27.18(d) For wetland restoration projects involving more than one conservation easement, 27.19state payments for restoration costs may exceed the limits set forth in this section new text begin by the new text end 27.20 new text begin board new text end for an individual easement provided the total payment for the restoration project 27.21does not exceed the amount payable for the total number of acres involved. 27.22(e) The board may use available nonstate funds to exceed the payment limits in 27.23this section. 27.24    Sec. 38. Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read: 27.25    Subdivision 1. Cooperation. In implementing sections 103F.505 to 103F.531, the 27.26board must share information and cooperate with the Department of Agriculture, the 27.27Department of Natural Resources, the Pollution Control Agency, the United States Fish 27.28and Wildlife Service, the Agricultural Stabilization and Conservation Service and Soil 27.29Conservation Service of the United States Department of Agriculture, the Minnesota 27.30Extension Service, the University of Minnesota, county boards, new text begin soil and water conservation new text end 27.31 new text begin districts, watershed districts, new text end and interested private organizations and individuals. 27.32    Sec. 39. Minnesota Statutes 2008, section 103F.525, is amended to read: 27.33103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE 27.34CONSERVATION PROGRAMS. 28.1The board may supplement payments made under federal land retirement programs 28.2to the extent of available appropriations other than bond proceeds. The supplemental 28.3payments must be used to establish perennial cover on land enrolled or increase payments 28.4for land enrollment in programs approved by the board, including the federal conservation 28.5reserve program and federal and state water bank program. 28.6    Sec. 40. Minnesota Statutes 2008, section 103F.526, is amended to read: 28.7103F.526 FOOD PLOTS IN WINDBREAKS. 28.8The board, in cooperation with the commissioner of natural resources, may authorize 28.9wildlife food plots on land with windbreaks new text begin enrolled in a conservation easement under new text end 28.10 new text begin section 103F.515 new text end . 28.11    Sec. 41. Minnesota Statutes 2008, section 103F.531, is amended to read: 28.12103F.531 RULEMAKING. 28.13The board may adopt rules new text begin or policy new text end to implement sections 103F.505 to 103F.531. 28.14The rules must include standards for tree planting so that planting does not conflict with 28.15existing electrical lines, telephone lines, rights-of-way, or drainage ditches. 28.16    Sec. 42. Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read: 28.17    Subd. 5. Release and alteration of conservation easements. Conservation 28.18easements existing under this section, as of April 30, 1992, may be altered, released, 28.19or terminated by the board of Water and Soil Resources after consultation with the 28.20commissioners of agriculture and natural resources. The board may alter, release, or 28.21terminate a conservation easement only if the board determines that the public interest and 28.22general welfare are better served by the alteration, release, or termination. 28.23    Sec. 43. Minnesota Statutes 2008, section 103G.201, is amended to read: 28.24103G.201 PUBLIC WATERS INVENTORY. 28.25(a) The commissioner shall prepare new text begin maintain new text end a public waters inventory map of each 28.26county that shows the waters of this state that are designated as public waters under the 28.27public waters inventory and classification procedures prescribed under Laws 1979, chapter 28.28199 new text begin , and shall provide access to a copy of the maps and lists new text end . The new text begin As county new text end public waters 28.29inventory map for each county must be filed with new text begin maps and lists are revised according to new text end 28.30 new text begin this section, the commissioner shall send a notification or a copy of the maps and lists new text end 28.31 new text begin to new text end the auditor of the new text begin each affected new text end county. 29.1(b) The commissioner is authorized to revise the list of public waters established 29.2under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously 29.3identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as 29.4wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify 29.5public waters wetlands as public waters if: 29.6(1) they are assigned a shoreland management classification by the commissioner 29.7under sections 103F.201 to 103F.221; 29.8(2) they are classified as lacustrine wetlands or deepwater habitats according to 29.9Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, 29.10et al., 1979 edition); or 29.11(3) the state or federal government has become titleholder to any of the beds or 29.12shores of the public waters wetlands, subsequent to the preparation of the public waters 29.13inventory map filed with the auditor of the county, pursuant to paragraph (a), and the 29.14responsible state or federal agency declares that the water is necessary for the purposes 29.15of the public ownership. 29.16(c) The commissioner must provide notice of the reclassification to the local 29.17government unit, the county board, the watershed district, if one exists for the area, and 29.18the soil and water conservation district. Within 60 days of receiving notice from the 29.19commissioner, a party required to receive the notice may provide a resolution stating 29.20objections to the reclassification. If the commissioner receives an objection from a party 29.21required to receive the notice, the reclassification is not effective. If the commissioner does 29.22not receive an objection from a party required to receive the notice, the reclassification 29.23of a wetland under paragraph (b) is effective 60 days after the notice is received by all 29.24of the parties. 29.25(d) The commissioner shall give priority to the reclassification of public waters 29.26wetlands that are or have the potential to be affected by public works projects. 29.27(e) The commissioner may revise the public waters inventory map and list of each 29.28county: 29.29(1) to reflect the changes authorized in paragraph (b); and 29.30(2) as needed, to: 29.31(i) correct errors in the original inventory; 29.32(ii) add or subtract trout stream tributaries within sections that contain a designated 29.33trout stream following written notice to the landowner; 29.34(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 29.3550 acres and the shoreland has been zoned for residential development; and 30.1(iv) add or subtract public waters that have been created or eliminated as a 30.2requirement of a permit authorized by the commissioner under section 103G.245. 30.3    Sec. 44. new text begin CONSUMPTIVE USE OF WATER. new text end 30.4 new text begin Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature new text end 30.5 new text begin approves of the consumptive use of water under a permit of more than 2,000,000 gallons new text end 30.6 new text begin per day average in a 30-day period in St. Louis County, in connection with snowmaking, new text end 30.7 new text begin subject to the commissioner of natural resources making a determination that the water new text end 30.8 new text begin remaining in the basin of origin will be adequate to meet the basin's need for water and new text end 30.9 new text begin approval by the commissioner of natural resources of all applicable permits. new text end 30.10    Sec. 45. new text begin PLANNING AND DEVELOPMENT. new text end 30.11 new text begin The commissioner of natural resources shall work with Friends of the Casey Jones new text end 30.12 new text begin Trail in planning and developing the extension of the Casey Jones Trail. new text end 30.13    Sec. 46. new text begin TRAIL PLANNING AND DEVELOPMENT. new text end 30.14 new text begin The commissioner of natural resources shall work with Friends of the Jackson new text end 30.15 new text begin County Trails in planning and developing the Des Moines River Valley Trail. new text end 30.16    Sec. 47. new text begin APPROPRIATION. new text end 30.17 new text begin $20,000 is appropriated from the natural resources fund to the commissioner of new text end 30.18 new text begin natural resources for the start-up costs of the off-highway vehicle administrative forfeiture new text end 30.19 new text begin processes. Of this amount, $15,000 is from the all-terrain vehicle account; $3,000 is from new text end 30.20 new text begin the off-highway motorcycle account; and $2,000 is from the off-road vehicle account. new text end 30.21 new text begin This is a onetime appropriation. new text end 30.22    Sec. 48. new text begin REVISOR'S INSTRUCTION. new text end 30.23 new text begin (a) The revisor of statutes shall change the term "conservation reserve program" to new text end 30.24 new text begin "reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections new text end 30.25 new text begin 84.95, subdivision 2; 92.70, subdivision 1; and 103H.105. new text end 30.26 new text begin (b) In each section of Minnesota Statutes referred to in column A, the revisor of new text end 30.27 new text begin statutes shall delete the reference in column B and insert the reference in column C. new text end 30.28 new text begin Column A new text end new text begin Column B new text end new text begin Column C new text end 30.29 new text begin 84.777 new text end new text begin 84.805 new text end new text begin 84.804 new text end 30.30 new text begin 84.777 new text end new text begin 84.929 new text end new text begin 84.928 new text end 30.31 new text begin 84.787, subd. 1 new text end new text begin 84.796 new text end new text begin 84.795 new text end 30.32 new text begin 84.788, subd. 9 new text end new text begin 84.796 new text end new text begin 84.795 new text end 31.1 new text begin 84.791, subd. 4 new text end new text begin 84.796 new text end new text begin 84.795 new text end 31.2 new text begin 84.794, subd. 2 new text end new text begin 84.796 new text end new text begin 84.795 new text end 31.3 new text begin 84.795, subd. 8 new text end new text begin 84.796 new text end new text begin 84.795 new text end 31.4 new text begin 84.797, subd. 1 new text end new text begin 84.805 new text end new text begin 84.804 new text end 31.5 new text begin 84.798, subd. 8 new text end new text begin 84.805 new text end new text begin 84.804 new text end 31.6 new text begin 84.804, subd. 6 new text end new text begin 84.805 new text end new text begin 84.804 new text end 31.7 new text begin 84.92, subd. 1 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.8 new text begin 84.922, subd. 9 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.9 new text begin 84.925, subd. 3 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.10 new text begin 84.9256, subd. 4 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.11 new text begin 84.927, subd. 2 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.12 new text begin 84.928, subd. 1 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.13 new text begin 84.928, subd. 6 new text end new text begin 84.929 new text end new text begin 84.928 new text end 31.14    Sec. 49. new text begin REPEALER. new text end 31.15 new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 84.796; 84.805; 84.929; 85.0505, subdivision new text end 31.16 new text begin 2; 103B.101, subdivision 11; 103F.511, subdivision 4; and 103F.521, subdivision 2, new text end new text begin are new text end 31.17 new text begin repealed. new text end 31.18 new text begin (b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230; new text end 31.19 new text begin 8400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530; and 8400.3560, new text end new text begin are repealed. new text end 31.20ARTICLE 2 31.21GAME AND FISH 31.22    Section 1. Minnesota Statutes 2008, section 13.7931, is amended by adding a 31.23subdivision to read: 31.24     new text begin Subd. 6. new text end new text begin Electronic licensing system data. new text end new text begin Data on individuals created, collected, new text end 31.25 new text begin stored, or maintained by the department for the purposes of obtaining a noncommercial new text end 31.26 new text begin game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker; new text end 31.27 new text begin registering a recreational motor vehicle; or any other electronic licensing transaction are new text end 31.28 new text begin classified under section 84.0874. new text end 31.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2010. new text end 31.30    Sec. 2. Minnesota Statutes 2008, section 17.4981, is amended to read: 31.3117.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC 31.32FARMS. 32.1    (a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life 32.2is not wildlife. Aquatic farms must be licensed and given classifications to prevent or 32.3minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to: 32.4    (1) prevent public aquatic life from entering an aquatic farm; 32.5    (2) prevent release of nonindigenous or exotic species into public waters without 32.6approval of the commissioner; 32.7    (3) protect against release of disease pathogens to public waters; 32.8    (4) protect existing natural aquatic habitats and the wildlife dependent on them; and 32.9    (5) protect private aquatic life from unauthorized taking or harvest. 32.10    (b) Private aquatic life that is legally acquired and possessed is an article of interstate 32.11commerce and may be restricted only as necessary to protect state fish and water resources. 32.12    (c) The commissioner of natural resources shall establish license and other fees as 32.13provided in section 16A.1285, subdivision 2, that would make aquaculture licensing 32.14and enforcement self-sustaining. new text begin Notwithstanding section 16A.1283, the commissioner new text end 32.15 new text begin may, by written order published in the State Register, establish the fees required by this new text end 32.16 new text begin section. The fees are not subject to the rulemaking provisions of chapter 14 and section new text end 32.17 new text begin 14.386 does not apply. new text end The commissioner shall develop best management practices for 32.18aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for 32.19aquaculture, including, but not limited to, fish farming in man-made ponds. 32.20    Sec. 3. Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read: 32.21    Subd. 3. Inspection new text begin and additional new text end fees. new text begin Notwithstanding section 16A.1283, new text end the 32.22commissioner may, by written order published in the State Register, establish fees for the 32.23services listed in clauses (1) to (3) new text begin and the additional fee required under subdivision 2, new text end 32.24 new text begin paragraph (a) new text end . The fees must be set in an amount that does not recover significantly more 32.25or less than the cost of providing the service. The fees are not subject to the rulemaking 32.26provisions of chapter 14 and section 14.386 does not apply. The services covered under 32.27this provision include: 32.28    (1) initial inspection of each water to be licensed; 32.29    (2) fish health inspection and certification, including initial tissue sample collection, 32.30basic fish health assessment, viral pathogen testing, and bacteriological testing; and 32.31    (3) initial inspection for containment and quarantine facility inspections. 32.32    Sec. 4. new text begin [84.0874] ELECTRONIC LICENSING SYSTEM DATA. new text end 32.33 new text begin The following data created, collected, stored, or maintained by the department for new text end 32.34 new text begin purposes of obtaining a noncommercial game and fish license, cross-country ski pass, new text end 33.1 new text begin horse trail pass, or snowmobile trail sticker; registering a recreational motor vehicle; or new text end 33.2 new text begin any other electronic licensing transaction are private data on individuals as defined in new text end 33.3 new text begin section 13.02, subdivision 12: name, addresses, driver's license number, and date of new text end 33.4 new text begin birth. The data may be disclosed for law enforcement purposes. The data, other than the new text end 33.5 new text begin driver's license number, may be disclosed to a government entity and for natural resources new text end 33.6 new text begin management purposes, including recruitment, retention, and training certification and new text end 33.7 new text begin verification. new text end 33.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2010. new text end 33.9    Sec. 5. Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read: 33.10    Subd. 11. Refunds. The commissioner may issue a refund on a registration, not 33.11including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027, 33.12subdivision 15 , paragraph (a), clause (3), if the refund request is received within 12 33.13months new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and: 33.14(1) the off-highway motorcycle was registered incorrectly by the commissioner 33.15or the deputy registrar; or 33.16(2) the off-highway motorcycle was registered twice, once by the dealer and once by 33.17the customer. 33.18    Sec. 6. Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read: 33.19    Subd. 10. Refunds. The commissioner may issue a refund on a registration, not 33.20including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027, 33.21subdivision 15 , paragraph (a), clause (3), if the refund request is received within 12 33.22months new text begin 60 days new text end of the original registration and the vehicle was registered incorrectly by 33.23the commissioner or the deputy registrar new text begin , the registration is not used or transferred, and: new text end 33.24 new text begin (1) the off-road vehicle was registered incorrectly; or new text end 33.25 new text begin (2) the off-road vehicle was registered twice, once by the dealer and once by the new text end 33.26 new text begin customer new text end . 33.27    Sec. 7. Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read: 33.28    Subd. 11. Refunds. The commissioner may issue a refund on a registration, not 33.29including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, 33.30subdivision 15 , paragraph (a), clause (3), if the refund request is received within 12 33.31months new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and: 33.32(1) the snowmobile was registered incorrectly by the commissioner or the deputy 33.33registrar; or 34.1(2) the snowmobile was registered twice, once by the dealer and once by the 34.2customer. 34.3    Sec. 8. Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read: 34.4    Subd. 12. Refunds. The commissioner may issue a refund on a registration, not 34.5including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, 34.6subdivision 15 , paragraph (a), clause (3), if the refund request is received within 12 34.7months new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and: 34.8(1) the vehicle was registered incorrectly by the commissioner or the deputy 34.9registrar; or 34.10(2) the vehicle was registered twice, once by the dealer and once by the customer. 34.11    Sec. 9. Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read: 34.12    Subd. 11. Refunds. The commissioner may issue a refund on a license or title, not 34.13including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15, 34.14paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request 34.15is received within 12 months new text begin 60 days new text end of the original license or title new text begin , the license or title new text end 34.16 new text begin is not used or transferred, new text end and: 34.17(1) the watercraft was licensed or titled incorrectly by the commissioner or the 34.18deputy registrar; 34.19(2) the customer was incorrectly charged a title fee; or 34.20(3) the watercraft was licensed or titled twice, once by the dealer and once by the 34.21customer. 34.22    Sec. 10. Minnesota Statutes 2008, section 97A.015, is amended by adding a 34.23subdivision to read: 34.24     new text begin Subd. 3b. new text end new text begin Bow fishing. new text end new text begin "Bow fishing" means taking rough fish by archery where new text end 34.25 new text begin the arrows are tethered or controlled by an attached line. new text end 34.26    Sec. 11. Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read: 34.27    Subd. 2. Summary of fish and game laws. (a) The commissioner shall prepare a 34.28summary of the hunting and fishing laws and rules and deliver a sufficient supply to 34.29county auditors new text begin license vendors new text end to furnish one copy to each person obtaining a hunting, 34.30fishing, or trapping license. 34.31(b) At the beginning of the summary, under the heading "Trespass," the 34.32commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945, 35.1state that conservation officers and peace officers must enforce the trespass laws, and 35.2state the penalties for trespassing. 35.3(c) In the summary the commissioner shall, under the heading "Duty to Render Aid," 35.4summarize the requirements under section 609.662 and state the penalties for failure to 35.5render aid to a person injured by gunshot. 35.6    Sec. 12. Minnesota Statutes 2008, section 97A.075, subdivision 5, is amended to read: 35.7    Subd. 5. Turkey account. (a) $4.50 from each turkey license sold new text begin , except youth new text end 35.8 new text begin licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7), new text end 35.9must be credited to the wild turkey management account. Money in the account may be 35.10used only for: 35.11    (1) the development, restoration, and maintenance of suitable habitat for wild 35.12turkeys on public and private land including forest stand improvement and establishment 35.13of nesting cover, winter roost area, and reliable food sources; 35.14    (2) acquisitions of, or easements on, critical wild turkey habitat; 35.15    (3) reimbursement of expenditures to provide wild turkey habitat on public and 35.16private land; 35.17    (4) trapping and transplantation of wild turkeys; and 35.18    (5) the promotion of turkey habitat development and maintenance, population 35.19surveys and monitoring, and research. 35.20    (b) Money in the account may not be used for: 35.21    (1) costs unless they are directly related to a specific parcel of land under paragraph 35.22(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4), 35.23or to specific promotional or evaluative activities under paragraph (a), clause (5); or 35.24    (2) any permanent personnel costs. 35.25    Sec. 13. Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read: 35.26    Subd. 2. Waterfowl feeding and resting areas. The commissioner may, by rule, 35.27designate any part of a lake as a migratory feeding and resting area. Before designation, 35.28the commissioner must receive a petition signed by at least ten local resident licensed 35.29hunters describing the area of a lake that is a substantial feeding or resting area for 35.30migratory waterfowl, and find that the statements in the petition are correct, and that 35.31adequate, free public access to the lake exists near the designated area. The commissioner 35.32shall post the area as a migratory waterfowl feeding and resting area. Except as authorized 35.33in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl 35.34feeding and resting area, during a period when hunting of migratory waterfowl is allowed, 36.1with watercraft or aircraft propelled by a motor, other than an electric motor of less than 36.230 pounds thrust new text begin with battery power of 12 volts or less new text end . The commissioner may, by rule, 36.3further restrict the use of electric motors in migratory waterfowl feeding and resting areas. 36.4    Sec. 14. Minnesota Statutes 2008, section 97A.137, is amended by adding a 36.5subdivision to read: 36.6     new text begin Subd. 4. new text end new text begin Exemption from certain local ordinances. new text end new text begin (a) Except as provided in new text end 36.7 new text begin paragraphs (c) and (d), wildlife management areas that are established according to section new text end 36.8 new text begin 86A.05, subdivision 8; designated under section 97A.133 or 97A.145; and 160 contiguous new text end 36.9 new text begin acres or larger are exempt from local ordinances that limit the taking of game and fish or new text end 36.10 new text begin vegetation management in the unit as authorized by state law. new text end 36.11 new text begin (b) Except as provided in paragraphs (c) and (d), wildlife management areas that new text end 36.12 new text begin are established according to section 86A.05, subdivision 8; designated under section new text end 36.13 new text begin 97A.133 or 97A.145; and at least 40 contiguous acres and less than 160 contiguous acres new text end 36.14 new text begin are exempt from local ordinances that: new text end 36.15 new text begin (1) restrict trapping; new text end 36.16 new text begin (2) restrict the discharge of archery equipment; new text end 36.17 new text begin (3) restrict the discharge of shotguns with shot sizes of F or .22 inch diameter or new text end 36.18 new text begin smaller shot; new text end 36.19 new text begin (4) restrict noise; new text end 36.20 new text begin (5) require dogs on a leash; or new text end 36.21 new text begin (6) would in any manner restrict the management of vegetation in the unit as new text end 36.22 new text begin authorized by state law. new text end 36.23 new text begin (c) This subdivision does not apply to wildlife management area restrictions that, new text end 36.24 new text begin prior to May 1, 2009, were adopted under rules of the commissioner or local ordinances. new text end 36.25 new text begin (d) When a local unit of government is able to demonstrate a significant public new text end 36.26 new text begin safety issue that is not adequately addressed by rules of the commissioner or state posting new text end 36.27 new text begin of the wildlife management area, the local government may file an appeal with the new text end 36.28 new text begin commissioner. If the commissioner agrees with the appeal, the commissioner shall amend new text end 36.29 new text begin the commissioner's rules to the extent needed to resolve the public safety issue. The new text end 36.30 new text begin commissioner may use the expedited rulemaking procedure in section 84.027, subdivision new text end 36.31 new text begin 13, to resolve the public safety issue. new text end 36.32    Sec. 15. Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to read: 37.1    Subd. 2. Shining. A person that violates section 97B.081, new text begin subdivision 1, new text end relating to 37.2the use of an artificial light to locate wild animals while in possession of a firearm, bow, or 37.3other implement capable of killing big game is guilty of a gross misdemeanor. 37.4    Sec. 16. Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read: 37.5    Subdivision 1. Angling; Take a Kid Fishing Weekends. A resident over age 18 new text begin age new text end 37.6 new text begin 16 years or older new text end may take fish by angling without an angling or fish house license during 37.7one three-day consecutive period of the open water angling season and one three-day 37.8consecutive period of the ice angling season designated by rule of the commissioner 37.9if accompanied by a child who is under age 16. The commissioner shall publicize the 37.10three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and 37.11"Take a Kid Ice Fishing Weekend" for the ice angling season. 37.12    Sec. 17. Minnesota Statutes 2008, section 97A.445, is amended by adding a 37.13subdivision to read: 37.14     new text begin Subd. 1a. new text end new text begin Angling in a state park. new text end new text begin A resident may take fish by angling without new text end 37.15 new text begin an angling license when shore fishing or wading on state-owned land within a state park. new text end 37.16 new text begin When angling from a boat or float, this subdivision applies only to those water bodies new text end 37.17 new text begin completely encompassed within the statutory boundary of the state park. The exemption new text end 37.18 new text begin from an angling license does not apply to waters where a trout stamp is required. new text end 37.19    Sec. 18. Minnesota Statutes 2008, section 97A.451, is amended by adding a 37.20subdivision to read: 37.21     new text begin Subd. 1a. new text end new text begin Angling; residents 90 years of age or older. new text end new text begin A resident who is 90 years new text end 37.22 new text begin of age or older may take fish without a license. new text end 37.23    Sec. 19. Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read: 37.24    Subd. 2. Residents under age 16; fishing. A resident under the age of 16 years 37.25may take fish without a license. new text begin A person authorized to issue licenses must issue a license new text end 37.26 new text begin to a resident under the age of 16 without a fee to net ciscoes and whitefish for personal new text end 37.27 new text begin consumption under section 97A.475, subdivision 13. new text end 37.28    Sec. 20. Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read: 37.29    Subd. 1b. Residents discharged from active service. (a) A resident who has served 37.30at any time during the preceding 24 months in federal active service, as defined in section 37.31190.05, subdivision 5c , outside the United States as a member of the National Guard, or as 38.1a reserve component or active duty member of the United States armed forces and has 38.2been discharged from active service may take small game and fish without a license if the 38.3resident possesses official military discharge papers. The resident must obtain the seals, 38.4tags, and coupons required of a licensee, which must be furnished without charge. 38.5    (b) The commissioner shall issue, without fee, a deer license new text begin and an either-sex deer new text end 38.6 new text begin permit new text end to a resident who has served at any time during the preceding 24 months in federal 38.7active service, as defined in section 190.05, subdivision 5c, outside the United States as a 38.8member of the National Guard, or as a reserve component or active duty member of the 38.9United States armed forces and has been discharged from active service. Eligibility under 38.10this paragraph is limited to one license new text begin and one permit new text end per resident. 38.11    Sec. 21. Minnesota Statutes 2008, section 97A.465, subdivision 5, is amended to read: 38.12    Subd. 5. Preference to service members. (a) For purposes of this subdivision: 38.13(1) "qualified service member or veteran" means a Minnesota resident who new text begin : new text end 38.14 new text begin (i) new text end is currently serving, or has served at any time during the past 24 months, in active 38.15service as a member of the United States armed forces, including the National Guard or 38.16other military reserves new text begin ; new text end 38.17 new text begin (ii) has received a Purple Heart medal for qualifying military service, as shown by new text end 38.18 new text begin official military records; or new text end 38.19 new text begin (iii) has a service-connected disability rated at 70 percent or more as defined by the new text end 38.20 new text begin United States Veterans Administration new text end ; and 38.21(2) "active service" means service defined under section 190.05, subdivision 5b or 5c. 38.22(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or 38.23administrative rules, the commissioner may new text begin shall new text end give first preference to qualified service 38.24members or veterans in any drawing or lottery involving the selection of applicants for 38.25hunting or fishing licenses, permits, and special permits. This subdivision does not 38.26apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the 38.27commissioner under this subdivision are not rules under the Administrative Procedure Act 38.28and section 14.386 does not apply. 38.29    Sec. 22. Minnesota Statutes 2008, section 97A.473, subdivision 1, is amended to read: 38.30    Subdivision 1. Resident lifetime licenses authorized. (a) The commissioner may 38.31issue a lifetime angling license, new text begin a lifetime spearing license, a lifetime angling and spearing new text end 38.32 new text begin license, new text end a lifetime small game hunting license, a lifetime firearm or archery deer hunting 38.33license, or a lifetime sporting license new text begin or a lifetime sporting with spearing option license new text end to 38.34a person who is a resident of the state for at least one year or who is under age 21 and the 39.1child of a person who is a resident of the state for at least one year. The license fees paid 39.2for a lifetime license are nonrefundable. 39.3(b) The commissioner may require the holder of a lifetime license issued under this 39.4section to notify the department each year that the license is used, by: 39.5(1) telephone or Internet notification, as specified by the commissioner; 39.6(2) the purchase of stamps for the license; or 39.7(3) registration and tag issuance, in the case of the resident lifetime deer license. 39.8    Sec. 23. Minnesota Statutes 2008, section 97A.473, is amended by adding a 39.9subdivision to read: 39.10     new text begin Subd. 2a. new text end new text begin Lifetime spearing license; fee. new text end new text begin (a) A resident lifetime spearing license new text end 39.11 new text begin authorizes a person to take fish by spearing in the state. The license authorizes those new text end 39.12 new text begin activities authorized by the annual resident spearing license. new text end 39.13     new text begin (b) The fees for a resident lifetime spearing license are: new text end 39.14     new text begin (1) age 3 and under, $258; new text end 39.15     new text begin (2) age 4 to age 15, $320; new text end 39.16     new text begin (3) age 16 to age 50, $372; and new text end 39.17     new text begin (4) age 51 and over, $173. new text end 39.18    Sec. 24. Minnesota Statutes 2008, section 97A.473, is amended by adding a 39.19subdivision to read: 39.20     new text begin Subd. 2b. new text end new text begin Lifetime angling and spearing license; fee. new text end new text begin (a) A resident lifetime new text end 39.21 new text begin angling and spearing license authorizes a person to take fish by angling or spearing in the new text end 39.22 new text begin state. The license authorizes those activities authorized by the annual resident angling new text end 39.23 new text begin and spearing licenses. new text end 39.24     new text begin (b) The fees for a resident lifetime angling and spearing license are: new text end 39.25     new text begin (1) age 3 and under, $485; new text end 39.26     new text begin (2) age 4 to age 15, $620; new text end 39.27     new text begin (3) age 16 to age 50, $755; and new text end 39.28     new text begin (4) age 51 and over, $376. new text end 39.29    Sec. 25. Minnesota Statutes 2008, section 97A.473, is amended by adding a 39.30subdivision to read: 39.31     new text begin Subd. 5a. new text end new text begin Lifetime sporting with spearing option license; fee. new text end new text begin (a) A resident new text end 39.32 new text begin lifetime sporting with spearing option license authorizes a person to take fish by angling new text end 39.33 new text begin or spearing and hunt and trap small game in the state. The license authorizes those new text end 40.1 new text begin activities authorized by the annual resident angling, spearing, resident small game hunting, new text end 40.2 new text begin and resident trapping licenses. The license does not include a trout and salmon stamp new text end 40.3 new text begin validation, a turkey stamp validation, a walleye stamp validation, or any other hunting new text end 40.4 new text begin stamps required by law. new text end 40.5 new text begin (b) The fees for a resident lifetime sporting license are: new text end 40.6 new text begin (1) age 3 and under, $615; new text end 40.7 new text begin (2) age 4 to age 15, $800; new text end 40.8 new text begin (3) age 16 to age 50, $985; and new text end 40.9 new text begin (4) age 51 and over, $586. new text end 40.10    Sec. 26. Minnesota Statutes 2008, section 97A.4742, subdivision 1, is amended to read: 40.11    Subdivision 1. Establishment; purpose. The lifetime fish and wildlife trust fund 40.12is established as a fund in the state treasury. All money received from the issuance of 40.13lifetime angling, new text begin spearing, angling and spearing, new text end small game hunting, deer hunting, and 40.14sporting new text begin , and sporting with spearing option new text end licenses and earnings on the fund shall be 40.15credited to the lifetime fish and wildlife trust fund. 40.16    Sec. 27. Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read: 40.17    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued 40.18to nonresidents, are: 40.19    (1) for persons age 18 or over to take small game, $73; 40.20    (2) for persons age 18 or over to take deer with firearms during the regular firearms 40.21season, $135; 40.22    (3) for persons age 18 new text begin or over new text end to take deer by archery, $135; 40.23    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 40.24season, $135; 40.25    (5) to take bear, $195; 40.26    (6) for persons age 18 and older to take turkey, $78; 40.27    (7) for persons under age 18 to take turkey, $12; 40.28    (8) to take raccoon or bobcat, $155; 40.29    (9) multizone license to take antlered deer in more than one zone, $270; 40.30    (10) to take Canada geese during a special season, $4; 40.31    (11) for persons under age 18 to take deer with firearms during the regular firearms 40.32season in any open season option or time period, $13; 40.33    (12) for persons under age 18 to take deer by archery, $13; and 40.34    (13) for persons under age 18 to take deer during the muzzleloader season, $13. 41.1    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under 41.2paragraph (a), clauses (1) to (9). An additional commission may not be assessed on this 41.3surcharge. 41.4    Sec. 28. Minnesota Statutes 2008, section 97A.475, subdivision 7, is amended to read: 41.5    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued 41.6to nonresidents, are: 41.7    (1) to take fish by angling, $37.50; 41.8    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 41.9$26.50; 41.10    (3) to take fish by angling for a 72-hour period selected by the licensee, $22; 41.11    (4) to take fish by angling for a combined license for a family for one or both parents 41.12and dependent children under the age of 16, $50.50; 41.13    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and 41.14    (6) to take fish by angling for a combined license for a married couple, limited to 14 41.15consecutive days selected by one of the licensees, $38.50 new text begin ; and new text end 41.16 new text begin (7) to take fish by spearing from a dark house, $37.50 new text end . 41.17    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 41.18issued under paragraph (a), clause (5). An additional commission may not be assessed 41.19on this surcharge. 41.20    Sec. 29. Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read: 41.21    Subd. 11. Fish houses and new text begin , new text end dark houses new text begin , and shelters new text end ; residents. Fees for the 41.22following licenses are: 41.23    (1) annual for a fish house or new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $11.50; 41.24    (2) annual for a fish house or new text begin , new text end dark house new text begin , or shelter new text end that is rented, $26; 41.25    (3) three-year for a fish house or new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $34.50; and 41.26    (4) three-year for a fish house or new text begin , new text end dark house new text begin , or shelter new text end that is rented, $78. 41.27    Sec. 30. Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read: 41.28    Subd. 12. Fish houses new text begin and shelters new text end ; nonresident. Fees for fish house new text begin and shelter new text end 41.29licenses for a nonresident are: 41.30    (1) annual, $33; 41.31    (2) seven consecutive days, $19; and 41.32    (3) three-year, $99. 42.1    Sec. 31. Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read: 42.2    Subd. 29. Private fish hatcheries. The fees for the following licenses to be issued 42.3to residents and nonresidents are: 42.4    (1) for a private fish hatchery, with annual sales under $200, $70; 42.5    (2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base 42.6license. The commissioner must establish an additional fee based on the acreage of the 42.7operation new text begin . Notwithstanding section 16A.1283, the commissioner may, by written order new text end 42.8 new text begin published in the State Register, establish the additional fee required by this subdivision. new text end 42.9 new text begin The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 new text end 42.10 new text begin does not apply new text end ; and 42.11    (3) to take sucker eggs from public waters for a private fish hatchery, $400, plus 42.12$6 for each quart in excess of 100 quarts. 42.13    Sec. 32. Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read: 42.14    Subdivision 1. Residents new text begin Generally new text end . A resident new text begin person new text end may transport wild animals 42.15within the state by common carrier without being in the vehicle if the resident new text begin person new text end has 42.16the license required to take the animals and they are shipped to the resident new text begin person or to a new text end 42.17 new text begin licensed taxidermist, tanner, or fur buyer new text end . The wild animals that may be transported 42.18by common carrier are: 42.19(1) deer, bear, elk, and moose; 42.20(2) undressed game birds; and 42.21(3) fish. 42.22    Sec. 33. Minnesota Statutes 2008, section 97B.081, is amended to read: 42.2397B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS. 42.24    Subdivision 1. With firearms and bows new text begin implements to take wild animals new text end . (a) new text begin new text end 42.25 new text begin Except as provided in subdivision 3, new text end a person may not cast the rays of a spotlight, 42.26headlight, or other artificial light on a highway, or in a field, woodland, or forest, to spot, 42.27locate, or take a wild animal, except while taking raccoons in accordance with section 42.2897B.621, subdivision 3, or tending traps in accordance with section , while 42.29having in possession, either individually or as one of a group of persons, a firearm, bow, 42.30or other implement that could be used to kill new text begin take new text end big game new text begin , small game, or unprotected new text end 42.31 new text begin wild animals new text end . 42.32(b) This subdivision does not apply to a firearm that is: 42.33(1) unloaded; 43.1(2) in a gun case expressly made to contain a firearm that fully encloses the firearm 43.2by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of 43.3the firearm exposed; and 43.4(3) in the closed trunk of a motor vehicle. 43.5(c) This subdivision does not apply to a bow that is: 43.6(1) completely encased or unstrung; and 43.7(2) in the closed trunk of a motor vehicle. 43.8(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm 43.9or bow must be placed in the rearmost location of the vehicle. 43.10(e) This subdivision does not apply to persons taking raccoons under section 43.1197B.621, subdivision 3. 43.12(f) This subdivision does not apply to a person hunting fox or coyote from January 1 43.13to March 15 while using a handheld artificial light, provided that the person: 43.14(1) is on foot; 43.15(2) is using a shotgun; 43.16(3) is not within a public road right-of-way; 43.17(4) is using a handheld or electronic calling device; and 43.18(5) is not within 200 feet of a motor vehicle. 43.19    Subd. 2. Without firearms new text begin implements to take wild animals new text end . (a) Between the 43.20hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31, new text begin Except as provided new text end 43.21 new text begin in subdivision 3, from two hours after sunset until sunrise, new text end a person may not cast the rays 43.22of a spotlight, headlight, or other artificial light new text begin on a highway, or new text end in a field, woodland, 43.23or forest to spot, new text begin or new text end locate, or take a wild animal except to take raccoons under section 43.2497B.621, subdivision 3, or to tend traps under section . 43.25(b) Between one-half hour after sunset until sunrise, new text begin Except as provided in new text end 43.26 new text begin subdivision 3, new text end a person may not cast the rays of a spotlight, headlight, or other artificial 43.27light to spot, locate, or take a wild animal on fenced, agricultural land containing 43.28livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs 43.29prohibiting the shining of lights. The signs must: 43.30(1) display reflectorized letters that are at least two inches in height and state "no 43.31shining" or similar terms; and 43.32(2) be placed at intervals of 1,000 feet or less along the boundary of the area. 43.33(c) It is not a violation of paragraph (a) or (b) for a person to carry out any 43.34agricultural, occupational, or recreational practice, including snowmobiling that is not 43.35related to spotting, locating, or taking a wild animal. 44.1(d) Between the hours of 6:00 p.m. and 6:00 a.m. new text begin (c) Except as provided in new text end 44.2 new text begin subdivision 3 new text end , a person may not project a spotlight or handheld new text begin cast an artificial new text end light onto 44.3residential property or building sites from a moving motor vehicle being operated on 44.4land, except for the following purposes: 44.5(1) safety; 44.6(2) emergency response; 44.7(3) normal vehicle operations; or 44.8(4) performing an occupational duty. 44.9 new text begin (d) Except as provided in subdivision 3, a person may not at any time cast the rays of new text end 44.10 new text begin a spotlight, headlight, or other artificial light onto property posted with signs prohibiting new text end 44.11 new text begin the shining of lights onto the property. When signs are posted, the signs shall display new text end 44.12 new text begin letters that are at least two inches in height and state "no shining" or similar terms and new text end 44.13 new text begin shall be placed at intervals of 500 feet or less along the boundary of the property. new text end 44.14     new text begin Subd. 3. new text end new text begin Exceptions. new text end new text begin (a) It is not a violation of this section for a person to: new text end 44.15 new text begin (1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons new text end 44.16 new text begin according to section 97B.621, subdivision 3, or tend traps according to section 97B.931; new text end 44.17 new text begin (2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial new text end 44.18 new text begin light, provided that the person is: new text end 44.19 new text begin (i) on foot; new text end 44.20 new text begin (ii) using a shotgun; new text end 44.21 new text begin (iii) not within a public road right-of-way; new text end 44.22 new text begin (iv) using a handheld or electronic calling device; and new text end 44.23 new text begin (v) not within 200 feet of a motor vehicle; or new text end 44.24 new text begin (3) cast the rays of a handheld artificial light to retrieve wounded or dead big game new text end 44.25 new text begin animals, provided that the person is: new text end 44.26 new text begin (i) on foot; and new text end 44.27 new text begin (ii) not in possession of a firearm or bow. new text end 44.28 new text begin (b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, new text end 44.29 new text begin headlight, or other artificial light to: new text end 44.30 new text begin (1) carry out any agricultural, safety, emergency response, normal vehicle operation, new text end 44.31 new text begin or occupational-related activities that do not involve taking wild animals; or new text end 44.32 new text begin (2) carry out outdoor recreation as defined in section 97B.001 that is not related to new text end 44.33 new text begin spotting, locating, or taking a wild animal. new text end 44.34    Sec. 34. Minnesota Statutes 2008, section 97B.086, is amended to read: 44.3597B.086 POSSESSION OF NIGHT VISION EQUIPMENT. 45.1    (a) A person may not possess night vision goggle equipment while taking wild 45.2animals or while having in possession, either individually or as one of a group of persons, 45.3a firearm, bow, or other implement that could be used to take wild animals. 45.4    (b) This section does not apply to a firearm that is: 45.5    (1) unloaded; 45.6    (2) in a gun case expressly made to contain a firearm that fully encloses the firearm 45.7by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of 45.8the firearm exposed; and 45.9    (3) in the closed trunk of a motor vehicle. 45.10    (c) This section does not apply to a bow that is: 45.11    (1) completely encased or unstrung; and 45.12    (2) in the closed trunk of a motor vehicle. 45.13    (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm 45.14or bow must be placed in the rearmost location of the vehicle. 45.15    (e) This section does not apply to night vision goggle equipment possessed by peace 45.16officers or military personnel while exercising their duties. 45.17    Sec. 35. Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read: 45.18    Subdivision 1. Establishment; requirements. The commissioner may establish 45.19criteria, special seasons, and limits for persons who have a physical disability to take big 45.20game and small game with firearms and by archery in designated areas. A person hunting 45.21under this section who has a physical disability must have a verified statement of the 45.22disability by a licensed physician and must be participating in a program for physically 45.23disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 45.242. new text begin Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt new text end 45.25 new text begin participants to shoot from a stationary motor vehicle. new text end A license is not required for a person 45.26to assist a physically disabled person hunting during a special season under this section. 45.27    Sec. 36. Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read: 45.28    Subd. 3. Definition. For purposes of this section, "bait or feed" includes grains, 45.29fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer 45.30and that has been placed by a person. Liquid scents, salt, new text begin and new text end minerals, and bird feeders 45.31containing grains or nuts that are at least six feet above the ground are not bait or feed. 45.32 new text begin Unharvested new text end food resulting from normal or accepted farming, forest management, wildlife 45.33food plantings, orchard management, or other similar land management activities is not 45.34bait or feed. 46.1    Sec. 37. Minnesota Statutes 2008, section 97B.651, is amended to read: 46.297B.651 UNPROTECTED MAMMALS AND BIRDS. 46.3     new text begin Subdivision 1. new text end new text begin Taking unprotected mammals and birds. new text end Mammals that are 46.4unprotected wild animals and unprotected birds may be taken at any time and in any 46.5manner, except with artificial lights, or by using a motor vehicle in violation of section 46.697B.091 . Poison may not be used to take unprotected mammals or unprotected birds 46.7unless the safety of humans and domestic livestock is ensured. Unprotected mammals and 46.8unprotected birds may be possessed, bought, sold, or transported in any quantity new text begin , except new text end 46.9 new text begin importation or exportation is restricted as provided in subdivision 2 new text end . 46.10     new text begin Subd. 2. new text end new text begin Importing and exporting live coyotes. new text end new text begin A person may not export a live new text end 46.11 new text begin coyote out of the state or import a live coyote into the state unless authorized under a new text end 46.12 new text begin permit from the commissioner. new text end 46.13    Sec. 38. Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read: 46.14    Subd. 2. Hours for placing decoys. Except as provided in subdivisions 3 and 4, a 46.15person may not place decoys in public waters or on public lands more than one hour new text begin two new text end 46.16 new text begin hours new text end before lawful shooting hours for waterfowl. 46.17    Sec. 39. Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read: 46.18    Subd. 3. Restrictions on leaving decoys unattended. During the open season for 46.19waterfowl, a person may not leave decoys in public waters between sunset and one hour new text begin new text end 46.20 new text begin two hours new text end before lawful shooting hours or leave decoys unattended during other times for 46.21more than four new text begin three new text end consecutive hours unless: 46.22(1) the decoys are in waters adjacent to private land under the control of the hunter; 46.23and 46.24(2) there is not natural vegetation growing in water sufficient to partially conceal 46.25a hunter. 46.26    Sec. 40. Minnesota Statutes 2008, section 97C.081, subdivision 2, is amended to read: 46.27    Subd. 2. Contests without a permit. A person may conduct a fishing contest 46.28without a permit from the commissioner provided: 46.29(1) the following criteria are met: 46.30(i) there are 30 participants new text begin 25 boats new text end or less for open water contests and 150 46.31participants or less for ice fishing contests; 46.32(ii) the entry fee is $25 per person or less; 46.33(iii) the total prize value is $25,000 or less; and 47.1(iv) the contest is not limited to trout species only; 47.2(2) the following criteria are met: 47.3(i) the contest is not limited to specifically named waters; and 47.4(ii) the contest is not limited to trout species only; or 47.5(3) all the contest participants are age 18 years or under new text begin ; new text end 47.6 new text begin (4) the contest is limited to rough fish; or new text end 47.7 new text begin (5) the total prize value is $500 or less new text end . 47.8    Sec. 41. Minnesota Statutes 2008, section 97C.081, subdivision 3, is amended to read: 47.9    Subd. 3. Contests requiring a permit. (a) A person must have a permit from the 47.10commissioner to conduct a fishing contest that does not meet the criteria in subdivision 47.112. The commissioner shall charge a fee for the permit that recovers the costs of issuing 47.12the permit and of monitoring the activities allowed by the permit. The commissioner 47.13may waive the fee under this subdivision for a charitable organization. Notwithstanding 47.14section 16A.1283, the commissioner may, by written order published in the State Register, 47.15establish contest permit fees. The fees are not subject to the rulemaking provisions of 47.16chapter 14 and section 14.386 does not apply. 47.17    (b) If entry fees are over $25 per person, or total prizes are valued at more than 47.18$25,000, and if the applicant has either: 47.19    (1) not previously conducted a fishing contest requiring a permit under this 47.20subdivision; or 47.21    (2) ever failed to make required prize awards in a fishing contest conducted by 47.22the applicant, the commissioner may require the applicant to furnish the commissioner 47.23evidence of financial responsibility in the form of a surety bond or bank letter of credit in 47.24the amount of $25,000. 47.25    (c) The permit fee for any individual contest may not exceed the following amounts: 47.26    (1) $120 new text begin $60 new text end for an open water contest not exceeding 100 participants new text begin 50 boats new text end and 47.27without off-site weigh-in; 47.28    (2) $400 new text begin $200 new text end for an open water contest with more than 100 participants new text begin 50 boats new text end 47.29and without off-site weigh-in; 47.30    (3) $500 new text begin $250 new text end for an open water contest not exceeding 100 participants new text begin 50 boats new text end 47.31with off-site weigh-in; 47.32    (4) $1,000 new text begin $500 new text end for an open water contest with more than 100 participants new text begin 50 boats new text end 47.33with off-site weigh-in; or 47.34    (5) $120 for an ice fishing contest with more than 150 participants. 48.1    Sec. 42. Minnesota Statutes 2008, section 97C.081, subdivision 4, is amended to read: 48.2    Subd. 4. Restrictions. new text begin (a) new text end The commissioner may by rule establish restrictions on 48.3fishing contests to protect fish and fish habitat, to restrict activities during high use periods, 48.4to restrict activities that affect research or management work, to restrict the number of 48.5boats, and for the safety of contest participants. 48.6 new text begin (b) By March 1, 2011, the commissioner shall develop a best practices certification new text end 48.7 new text begin program for fishing contest organizers to ensure the proper handling and release of fish. new text end 48.8    Sec. 43. Minnesota Statutes 2008, section 97C.081, subdivision 6, is amended to read: 48.9    Subd. 6. Permit application process. (a) Beginning August 1 each year, the 48.10commissioner shall accept permit applications for fishing contests to be held in the 48.11following year. 48.12(b) If the number of permit applications received by the commissioner from August 48.131 through the last Friday in September exceeds the limits specified in subdivisions 7 and 8, 48.14the commissioner shall notify the affected applicants that their requested locations and 48.15time period are subject to a drawing. After notification, the commissioner shall allow 48.16the affected applicants a minimum of seven days to change the location or time period 48.17requested on their applications, provided that the change is not to a location or time period 48.18for which applications are already at or above the limits specified in subdivisions 7 and 8. 48.19(c) After the applicants have been given at least seven days to change their 48.20applications, the commissioner shall conduct a drawing for all locations and time periods 48.21for which applications exceed limits. First preference in the drawings shall be given 48.22to applicants for established or traditional fishing contests, and second preference to 48.23applicants for contests that are not established as traditional fishing contests based on the 48.24number of times they have been unsuccessful in previous drawings. Except for applicants 48.25of established or traditional fishing contests, an applicant who is successful in a drawing 48.26loses all accumulated preference. "Established or traditional fishing contest" means a 48.27fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of 48.28five years from 1996 to 2000 for the same lake and time period. Beginning with 2001, 48.29established or traditional fishing contests must continue to be conducted at least four out 48.30of five years for the same lake and time period to remain established or traditional. 48.31(d) The commissioner has until November 7 to approve or deny permit applications 48.32that are submitted by 4:30 p.m. on the last Friday in September. The commissioner 48.33may approve a permit application that is received after 4:30 p.m. on the last Friday 48.34in September if approving the application would not result in exceeding the limits in 48.35subdivisions 7 and 8. 49.1 new text begin (e) The commissioner shall develop an online Web-based fishing contest permit new text end 49.2 new text begin application process. new text end 49.3    Sec. 44. Minnesota Statutes 2008, section 97C.081, subdivision 9, is amended to read: 49.4    Subd. 9. Permit restrictions. (a) The commissioner may require fishing contest 49.5permittees to limit prefishing to week days only as a condition of a fishing contest permit. 49.6The commissioner may require proof from permittees that prefishing restrictions on the 49.7permit are communicated to fishing contest participants and enforced. 49.8(b) The commissioner may require permit restrictions on the hours that a permitted 49.9fishing contest is conducted, including, but not limited to, starting and ending times. 49.10(c) The commissioner may require permit restrictions on the number of parking 49.11spaces that may be used on a state-owned public water access site. The commissioner may 49.12require proof from permittees that parking restrictions on the permit are communicated to 49.13fishing contest participants and enforced. 49.14(d) To prevent undue mortality of released fish, the commissioner may require 49.15restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny 49.16permits requesting an off-site weigh-in or live release. new text begin The commissioner may allow for new text end 49.17 new text begin live release weigh-ins at public accesses. new text end 49.18(e) A person may not transfer a fishing contest permit to another person. 49.19(f) Failure to comply with fishing contest permit restrictions may be considered 49.20grounds for denial of future permit applications. 49.21    Sec. 45. Minnesota Statutes 2008, section 97C.335, is amended to read: 49.2297C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED. 49.23     new text begin (a) new text end A person may not use artificial lights to lure or attract fish or to see fish in the 49.24water while spearing, except that while angling or spearing, a person may: 49.25    (1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or 49.26    (2) use a lighted decoy for spearing. 49.27    Any new text begin (b) A new text end battery that is used in lighted fishing lures cannot new text begin must not new text end contain any 49.28intentionally introduced mercury. 49.29 new text begin (c) The restrictions in paragraph (a) do not apply to bow fishing. new text end 49.30    Sec. 46. Minnesota Statutes 2008, section 97C.345, subdivision 2, is amended to read: 49.31    Subd. 2. Possession. (a) Except as specifically authorized, a person may not possess 49.32a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any 49.33waters. Possession includes personal possession and in a vehicle. 50.1(b) A person may possess spears, dip nets, bows and arrows, and spear guns allowed 50.2under section 97C.381 on or near waters between sunrise and sunset from May 1 to the 50.3last Sunday in February, or as otherwise prescribed by the commissioner. 50.4    Sec. 47. Minnesota Statutes 2008, section 97C.371, is amended by adding a 50.5subdivision to read: 50.6     new text begin Subd. 5. new text end new text begin Nonresidents. new text end new text begin Nonresidents may spear from a fish house or dark house. new text end 50.7    Sec. 48. Minnesota Statutes 2008, section 97C.375, is amended to read: 50.897C.375 TAKING ROUGH FISH BY SPEARING OR ARCHERY. 50.9A resident or nonresident may take rough fish by spearing or archery during the 50.10times, in waters, and in the manner prescribed by the commissioner. 50.11    Sec. 49. new text begin [97C.376] BOW FISHING. new text end 50.12     new text begin Subdivision 1. new text end new text begin Season. new text end new text begin The bow fishing season for residents and nonresidents is new text end 50.13 new text begin from May 1 to the last Sunday in February at any time of the day. new text end 50.14     new text begin Subd. 2. new text end new text begin Possession of bows and arrows. new text end new text begin A person may possess bows and arrows new text end 50.15 new text begin for the purposes of bow fishing on or within 100 feet of waters at any time from May 1 to new text end 50.16 new text begin the last Sunday in February, subject to local ordinances. A person must take reasonable new text end 50.17 new text begin measures to retrieve arrows and wounded fish. new text end 50.18     new text begin Subd. 3. new text end new text begin Nighttime restrictions on motors. new text end new text begin From sunset to sunrise, a person bow new text end 50.19 new text begin fishing with a gasoline-powered motor must use a four-stroke engine. The noise limits new text end 50.20 new text begin for total noise while bow fishing from sunset to sunrise shall not exceed a noise level new text end 50.21 new text begin of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or new text end 50.22 new text begin equivalent noise levels at other distances as specified by the commissioner in a pass-by new text end 50.23 new text begin test or 67 decibels on the A scale measured at idle in a stationary test at least four feet new text end 50.24 new text begin above the water and at least four feet behind the transom of the motorboat being tested. new text end 50.25 new text begin The noise levels under section 86B.321 apply to persons traveling to and from bow fishing new text end 50.26 new text begin sites from sunset to sunrise. new text end 50.27     new text begin Subd. 4. new text end new text begin Nighttime structure and campground setback requirements. new text end new text begin A person new text end 50.28 new text begin shall not discharge an arrow while bow fishing within 150 feet of an occupied structure new text end 50.29 new text begin or within 300 feet of a campsite from sunset to sunrise. new text end 50.30     new text begin Subd. 5. new text end new text begin Prohibition on returning rough fish to waters. new text end new text begin Rough fish taken by bow new text end 50.31 new text begin fishing shall not be returned to the water and rough fish may not be left on the banks new text end 50.32 new text begin of any water of the state. new text end 51.1    Sec. 50. new text begin RULEMAKING. new text end 51.2 new text begin (a) The commissioner of natural resources shall adopt or amend rules to establish new text end 51.3 new text begin minimum size limits for muskellunge on inland waters consistent with the provisions new text end 51.4 new text begin of this section. The commissioner must: new text end 51.5 new text begin (1) establish a 48-inch statewide minimum size restriction for muskellunge and new text end 51.6 new text begin muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause new text end 51.7 new text begin (2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota, new text end 51.8 new text begin Hennepin, Ramsey, Scott, and Washington Counties; and new text end 51.9 new text begin (2) establish a 40-inch minimum size restriction for muskellunge-northern pike new text end 51.10 new text begin hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and new text end 51.11 new text begin Washington Counties: new text end 51.12 new text begin LAKE new text end new text begin COUNTY new text end 51.13 new text begin Bryant new text end new text begin Hennepin new text end 51.14 new text begin Bush new text end new text begin Hennepin new text end 51.15 new text begin Calhoun new text end new text begin Hennepin new text end 51.16 new text begin Cedar new text end new text begin Hennepin new text end 51.17 new text begin Cedar new text end new text begin Scott new text end 51.18 new text begin Clear new text end new text begin Washington new text end 51.19 new text begin Crystal new text end new text begin Dakota new text end 51.20 new text begin Crystal new text end new text begin Hennepin new text end 51.21 new text begin Eagle new text end new text begin Carver new text end 51.22 new text begin Elmo new text end new text begin Washington new text end 51.23 new text begin Gervais new text end new text begin Ramsey new text end 51.24 new text begin Island new text end new text begin Ramsey new text end 51.25 new text begin Isles new text end new text begin Hennepin new text end 51.26 new text begin Johanna new text end new text begin Ramsey new text end 51.27 new text begin Nokomis new text end new text begin Hennepin new text end 51.28 new text begin Orchard new text end new text begin Dakota new text end 51.29 new text begin Phalen new text end new text begin Ramsey new text end 51.30 new text begin Pierson new text end new text begin Carver new text end 51.31 new text begin Silver new text end new text begin Ramsey new text end 51.32 new text begin Wasserman new text end new text begin Carver new text end 51.33 new text begin Weaver new text end new text begin Hennepin new text end 51.34 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 51.35 new text begin section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section new text end 51.36 new text begin 14.386, does not apply except as provided in Minnesota Statutes, section 14.388. new text end 51.37    Sec. 51. new text begin TEMPORARY WARNING REQUIREMENTS; SHINING WITHOUT new text end 51.38 new text begin IMPLEMENTS TO TAKE WILD ANIMALS. new text end 52.1 new text begin A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081, new text end 52.2 new text begin subdivision 2, shall not result in a penalty, but is punishable only by a warning. new text end 52.3    Sec. 52. new text begin ZONE 3 DEER SEASON AND RESTRICTIONS; 2009. new text end 52.4 new text begin For the 2009 deer season, notwithstanding rules of the commissioner of natural new text end 52.5 new text begin resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner new text end 52.6 new text begin shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November new text end 52.7 new text begin 6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20. new text end 52.8 new text begin During the last two days of the 2009 early A season in Zone 3, a person may not take new text end 52.9 new text begin antlered deer unless the deer has at least four points on one side, or the person has taken an new text end 52.10 new text begin antlerless deer prior to taking the antlered deer during the early A season in Zone 3. Party new text end 52.11 new text begin hunting for antlered deer under Minnesota Statutes, section 97B.301, subdivision 3, is not new text end 52.12 new text begin allowed in the last two days of the 2009 early A season in Zone 3. Zone 3 is defined in new text end 52.13 new text begin Minnesota Rules, part 6232.1400, subpart 3. new text end 52.14    Sec. 53. new text begin TEMPORARY WINTER IMPORTATION OF GOLDEN SHINER new text end 52.15 new text begin MINNOWS. new text end 52.16 new text begin (a) Notwithstanding Minnesota Statutes, section 97C.515, from December 1 to new text end 52.17 new text begin the last Sunday in February, a Minnesota resident with a valid importation license may new text end 52.18 new text begin procure and transport directly to Minnesota farm-raised golden shiners from a certified new text end 52.19 new text begin fish farm for the purpose of a resale transaction. new text end 52.20 new text begin (b) This section expires on February 28, 2011. new text end 52.21    Sec. 54. new text begin APPROPRIATION. new text end 52.22 new text begin $15,000 in fiscal year 2010 is appropriated from the game and fish fund to the new text end 52.23 new text begin commissioner for the development of an on-line fishing contest permit application process. new text end 52.24 new text begin This is a onetime appropriation. new text end 52.25    Sec. 55. new text begin REPEALER. new text end 52.26 new text begin Minnesota Statutes 2008, sections 97A.525, subdivision 2; and 97C.405, new text end new text begin are new text end 52.27 new text begin repealed. new text end 53.1ARTICLE 3 53.2STATE LAND ADMINISTRATION 53.3    Section 1. Minnesota Statutes 2008, section 84.0273, is amended to read: 53.484.0273 ESTABLISHMENT OF BOUNDARY LINES RELATING TO 53.5CERTAIN STATE LANDHOLDINGS. 53.6 new text begin (a) new text end In order to resolve boundary line issues affecting the ownership interests of the 53.7state and adjacent landowners, the commissioner of natural resources may, in the name 53.8of the state upon terms the commissioner deems appropriate, convey, by a boundary line 53.9agreement, quitclaim deed, or management agreement in such form as the attorney general 53.10approves, such rights, titles, and interests of the state in state lands for such rights, titles 53.11and interests in adjacent lands as are necessary for the purpose of establishing boundaries. 53.12A notice of the proposed conveyance and a brief statement of the reason therefor shall be 53.13published once in the State Register by the commissioner between 15 and 30 days prior 53.14to conveyance. The provisions of this section new text begin paragraph new text end are not intended to replace or 53.15supersede laws relating to land exchange or disposal of surplus state property. 53.16 new text begin (b) In order to resolve trespass issues affecting the ownership interests of the state new text end 53.17 new text begin and adjacent landowners, the commissioner of natural resources, in the name of the state, new text end 53.18 new text begin may sell surplus lands not needed for natural resource purposes at private sale to adjoining new text end 53.19 new text begin property owners and leaseholders. The conveyance must be by quitclaim in a form new text end 53.20 new text begin approved by the attorney general for a consideration not less than the value determined new text end 53.21 new text begin according to section 94.10, subdivision 1. new text end 53.22 new text begin (c) Paragraph (b) applies to all state-owned lands managed by the commissioner of new text end 53.23 new text begin natural resources, except school trust land as defined in section 92.025. For acquired lands, new text end 53.24 new text begin the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding new text end 53.25 new text begin the offering to public entities, public sale, and related notice and publication requirements new text end 53.26 new text begin of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may new text end 53.27 new text begin sell the surplus lands as provided in paragraph (b) notwithstanding the classification and new text end 53.28 new text begin public sale provisions of chapters 84A and 282. new text end 53.29    Sec. 2. Minnesota Statutes 2008, section 103F.321, is amended by adding a subdivision 53.30to read: 53.31     new text begin Subd. 3. new text end new text begin Home-based business; conditional use. new text end new text begin A local unit of government may new text end 53.32 new text begin issue a conditional use permit in a wild and scenic river district designated pursuant to new text end 53.33 new text begin sections 103F.301 to 103F.351 to a home-based business that: new text end 53.34 new text begin (1) is located on property that includes the primary residence of the business owner; new text end 54.1 new text begin (2) is conducted within the primary residence or residential accessory structure new text end 54.2 new text begin and the residence and accessory structures were constructed prior to the effective date new text end 54.3 new text begin of this section; new text end 54.4 new text begin (3) does not necessitate creation of additional impervious surface for vehicular new text end 54.5 new text begin parking on the property; new text end 54.6 new text begin (4) satisfies all other requirements in a conditional use permit issued by the local new text end 54.7 new text begin unit of government; and new text end 54.8 new text begin (5) satisfies all other state and local requirements applicable to the type of business. new text end 54.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 54.10    Sec. 3. Minnesota Statutes 2008, section 282.04, subdivision 1, is amended to read: 54.11    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may 54.12sell timber upon any tract that may be approved by the natural resources commissioner. 54.13The sale of timber shall be made for cash at not less than the appraised value determined 54.14by the county board to the highest bidder after not less than one week's published notice 54.15in an official paper within the county. Any timber offered at the public sale and not sold 54.16may thereafter be sold at private sale by the county auditor at not less than the appraised 54.17value thereof, until the time as the county board may withdraw the timber from sale. The 54.18appraised value of the timber and the forestry practices to be followed in the cutting of 54.19said timber shall be approved by the commissioner of natural resources. 54.20    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 54.21made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 54.22sales, the down payment shall be no less than 15 percent of the appraised value, and the 54.23balance shall be paid prior to entry. In the case of auction sales that are partitioned and 54.24sold as a single sale with predetermined cutting blocks, the down payment shall be no less 54.25than 15 percent of the appraised price of the entire timber sale which may be held until the 54.26satisfactory completion of the sale or applied in whole or in part to the final cutting block. 54.27The value of each separate block must be paid in full before any cutting may begin in that 54.28block. With the permission of the county contract administrator the purchaser may enter 54.29unpaid blocks and cut necessary timber incidental to developing logging roads as may 54.30be needed to log other blocks provided that no timber may be removed from an unpaid 54.31block until separately scaled and paid for. If payment is provided as specified in this 54.32paragraph as security under paragraph (a) and no cutting has taken place on the contract, 54.33the county auditor may credit the security provided, less any down payment required for 54.34an auction sale under this paragraph, to any other contract issued to the contract holder 54.35by the county under this chapter to which the contract holder requests in writing that it 55.1be credited, provided the request and transfer is made within the same calendar year as 55.2the security was received. 55.3    (c) The county board may sell any timber, including biomass, as appraised or scaled. 55.4Any parcels of land from which timber is to be sold by scale of cut products shall be so 55.5designated in the published notice of sale under paragraph (a), in which case the notice 55.6shall contain a description of the parcels, a statement of the estimated quantity of each 55.7species of timber, and the appraised price of each species of timber for 1,000 feet, per cord 55.8or per piece, as the case may be. In those cases any bids offered over and above the 55.9appraised prices shall be by percentage, the percent bid to be added to the appraised price 55.10of each of the different species of timber advertised on the land. The purchaser of timber 55.11from the parcels shall pay in cash at the time of sale at the rate bid for all of the timber 55.12shown in the notice of sale as estimated to be standing on the land, and in addition shall 55.13pay at the same rate for any additional amounts which the final scale shows to have been 55.14cut or was available for cutting on the land at the time of sale under the terms of the sale. 55.15Where the final scale of cut products shows that less timber was cut or was available 55.16for cutting under terms of the sale than was originally paid for, the excess payment 55.17shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be 55.18audited and allowed by the county board as in case of other claims against the county. No 55.19timber, except hardwood pulpwood, may be removed from the parcels of land or other 55.20designated landings until scaled by a person or persons designated by the county board 55.21and approved by the commissioner of natural resources. Landings other than the parcel 55.22of land from which timber is cut may be designated for scaling by the county board by 55.23written agreement with the purchaser of the timber. The county board may, by written 55.24agreement with the purchaser and with a consumer designated by the purchaser when the 55.25timber is sold by the county auditor, and with the approval of the commissioner of natural 55.26resources, accept the consumer's scale of cut products delivered at the consumer's landing. 55.27No timber shall be removed until fully paid for in cash. Small amounts of timber not 55.28exceeding $3,000 in appraised valuation may be sold for not less than the full appraised 55.29value at private sale to individual persons without first publishing notice of sale or calling 55.30for bids, provided that in case of a sale involving a total appraised value of more than $200 55.31the sale shall be made subject to final settlement on the basis of a scale of cut products in 55.32the manner above provided and not more than two of the sales, directly or indirectly to any 55.33individual shall be in effect at one time. 55.34    (d) As directed by the county board, the county auditor may lease tax-forfeited land 55.35to individuals, corporations or organized subdivisions of the state at public or private sale, 55.36and at the prices and under the terms as the county board may prescribe, for use as cottage 56.1and camp sites and for agricultural purposes and for the purpose of taking and removing of 56.2hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 56.3sites and other temporary uses provided that no leases shall be for a period to exceed ten 56.4years; provided, further that any leases involving a consideration of more than $12,000 per 56.5year, except to an organized subdivision of the state shall first be offered at public sale in 56.6the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 56.7remain subject to the lease for not to exceed one year from the beginning of the term of the 56.8lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 56.9shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 56.10audited and allowed by the county board as in case of other claims against the county. 56.11    (e) As directed by the county board, the county auditor may lease tax-forfeited land 56.12to individuals, corporations, or organized subdivisions of the state at public or private sale, 56.13at the prices and under the terms as the county board may prescribe, for the purpose 56.14of taking and removing for use for road construction and other purposes tax-forfeited 56.15stockpiled iron-bearing material. The county auditor must determine that the material is 56.16needed and suitable for use in the construction or maintenance of a road, tailings basin, 56.17settling basin, dike, dam, bank fill, or other works on public or private property, and 56.18that the use would be in the best interests of the public. No lease shall exceed ten years. 56.19The use of a stockpile for these purposes must first be approved by the commissioner of 56.20natural resources. The request shall be deemed approved unless the requesting county 56.21is notified to the contrary by the commissioner of natural resources within six months 56.22after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 56.23been approved, the county may continue to lease it for these purposes until approval is 56.24withdrawn by the commissioner of natural resources. 56.25    (f) The county auditor, with the approval of the county board is authorized to grant 56.26permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 56.27tailings, or waste products from mines or ore milling plants, new text begin or to use for facilities needed new text end 56.28 new text begin to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed new text end 56.29 new text begin for a mining operation, new text end upon the conditions and for the consideration and for the period 56.30of time, not exceeding 15 new text begin 25 new text end years, as the county board may determine. The permits, 56.31licenses, or leases are subject to approval by the commissioner of natural resources. 56.32    (g) Any person who removes any timber from tax-forfeited land before said 56.33timber has been scaled and fully paid for as provided in this subdivision is guilty of a 56.34misdemeanor. 56.35    (h) The county auditor may, with the approval of the county board, and without first 56.36offering at public sale, grant leases, for a term not exceeding 25 years, for the removal 57.1of peat and for the production or removal of farm-grown closed-loop biomass as defined 57.2in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited 57.3lands upon the terms and conditions as the county board may prescribe. Any lease for 57.4the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops 57.5from tax-forfeited lands must first be reviewed and approved by the commissioner of 57.6natural resources if the lease covers 320 or more acres. No lease for the removal of 57.7peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by 57.8the county auditor pursuant to this section without first holding a public hearing on the 57.9auditor's intention to lease. One printed notice in a legal newspaper in the county at least 57.10ten days before the hearing, and posted notice in the courthouse at least 20 days before 57.11the hearing shall be given of the hearing. 57.12    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 57.13County auditor may, at the discretion of the county board, sell timber to the party who 57.14bids the highest price for all the several kinds of timber, as provided for sales by the 57.15commissioner of natural resources under section 90.14. Bids offered over and above the 57.16appraised price need not be applied proportionately to the appraised price of each of 57.17the different species of timber. 57.18    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the 57.19county board and under terms set by the county board, the county auditor may accept an 57.20irrevocable bank letter of credit in the amount equal to the amount otherwise determined 57.21in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, 57.22at the written request of the purchaser, the county may periodically allow the bank letter 57.23of credit to be reduced by an amount proportionate to the value of timber that has been 57.24harvested and for which the county has received payment. The remaining amount of 57.25the bank letter of credit after a reduction under this paragraph must not be less than 20 57.26percent of the value of the timber purchased. If an irrevocable bank letter of credit or 57.27cash deposit is provided for the down payment required in paragraph (b), and no cutting 57.28of timber has taken place on the contract for which a letter of credit has been provided, 57.29the county may allow the transfer of the letter of credit to any other contract issued to the 57.30contract holder by the county under this chapter to which the contract holder requests in 57.31writing that it be credited. 57.32    Sec. 4. Laws 2008, chapter 368, article 1, section 21, subdivision 4, is amended to read: 57.33    Subd. 4. [85.012] [Subd. 38.] Lake Shetek State Park, Murray County. The 57.34following areas are deleted from Lake Shetek State Park: 58.1    (1) Blocks 3 and 4 of Forman Acres according to the plat on file and of record in the 58.2Office of the Recorder for Murray County; 58.3    (2) the Hudson Acres subdivision according to the plat on file and of record in the 58.4Office of the Recorder for Murray County; and 58.5    (3) that part of Government Lot 6 and new text begin , new text end that part of Government Lot 7 new text begin , and that part new text end 58.6 new text begin of Government Lot 8 new text end of Section 6, Township 107 North, Range 40 West, and that part of 58.7Government Lot 1 and that part of Government Lot 2 of Section 7, Township 107 North, 58.8Range 40 West, Murray County, Minnesota, described as follows: 58.9    Commencing at the East Quarter Corner of said Section 6; thence on a bearing based 58.10on the 1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees 58.1122 minutes 05 seconds East 1405.16 new text begin 17 minutes 23 seconds East 1247.75 new text end feet along the 58.12east line of said Section 6; thence North 89 degrees 07 minutes 01 second West 1942.39 new text begin new text end 58.13 new text begin South 88 degrees 39 minutes 00 seconds West 1942.74 new text end feet; thence South 03 degrees 33 58.14minutes 00 seconds West 94.92 feet to the northeast corner of Block 5 of FORMAN 58.15ACRES, according to the recorded plat thereof on file and of record in the Murray County 58.16Recorder's Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along 58.17the easterly line of said Block 5 and along the easterly line of the Private Roadway of 58.18FORMAN ACRES to the southeasterly corner of said Private Roadway and the POINT 58.19OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along 58.20the southerly line of said Private Roadway to an angle point on said line and an existing 58.211/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06 58.22feet along the southerly line of said Private Roadway to an angle point on said line and 58.23an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds West 58.24279.60 feet along the southerly line of said Private Roadway to an angle point on said line; 58.25thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly line 58.26of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR 58.27LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 470.40 58.28feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 feet to 58.29a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR 58.30MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line of 58.31Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT 1, OF 58.32SEC 7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of record 58.33in the Murray County Recorder's Office and a DNR MON; thence South 14 degrees 28 58.34minutes 55 seconds West 71.98 feet along the east line of said Lot A to the northerly most 58.35corner of Lot 36 of HUDSON ACRES, according to the record plat thereof on file and of 58.36record in the Murray County Recorder's Office and an existing steel fence post; thence 59.1South 51 degrees 37 minutes 05 seconds East 418.97 feet along the northeasterly line of 59.2said Lot 36 and along the northeasterly line of Lots 35, 34, 33, 32 of HUDSON ACRES to 59.3an existing 1 inch inside diameter iron pipe marking the easterly most corner of Lot 32 59.4and the most northerly corner of Lot 31A of HUDSON ACRES; thence South 48 degrees 59.533 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot 31A to an 59.6existing 1 1/2 inch inside diameter iron pipe marking the easterly most corner thereof and 59.7the most northerly corner of Lot 31 of HUDSON ACRES; thence South 33 degrees 53 59.8minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31 and along 59.9the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 1 1/2 inch 59.10inside diameter iron pipe marking the easterly most corner of said Lot 29 and the most 59.11northerly corner of Lot 28 of HUDSONS new text begin HUDSON new text end ACRES; thence South 45 degrees 23 59.12minutes 54 seconds East 375.07 feet along the northeasterly line of said Lot 28 and along 59.13the northeasterly line of Lots 27, 26, 25, 24 of HUDSON ACRES to an existing 1 1/2 inch 59.14inside diameter iron pipe marking the easterly most corner of said Lot 24 and the most 59.15northerly corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes 59.1653 seconds East 226.80 feet along the northeasterly line of said Lot 23 and along the 59.17northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 1 1/2 inch inside 59.18diameter iron pipe marking the easterly most corner of said Lot 21 and the most northerly 59.19corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds 59.20East 524.75 feet along the northeasterly line of said Lot 20 and along the northeasterly 59.21line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to an existing 1 1/2 inch inside 59.22diameter iron pipe marking the easterly most corner of said Lot 14 and the most northerly 59.23corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes 43 seconds 59.24East 225.11 feet along the northeasterly line of said Lot 13 and along the northeasterly 59.25line of Lots 12 and 11 of HUDSON ACRES to an existing 1 1/2 inch inside diameter iron 59.26pipe marking the easterly most corner of said Lot 11 and the northwest corner of Lot 10 59.27of HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet 59.28along the north line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON 59.29ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the northeast corner 59.30of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84 59.31degrees 07 minutes 37 seconds East 525.01 feet along the north line of said Lot 7 and 59.32along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to an existing 1 1/2 inch 59.33inside diameter iron pipe marking the northeast corner of said Lot 1 of HUDSON ACRES; 59.34thence southeasterly, easterly and northerly along a non-tangential curve concave to the 59.35north having a radius of 50.00 feet, central angle 138 degrees 41 minutes 58 seconds new text begin 42 new text end 59.36 new text begin minutes 00 seconds new text end , a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 60.1seconds East; thence continuing northwesterly and westerly along the previously described 60.2curve concave to the south having a radius of 50.00 feet, central angle 138 degrees 42 60.3minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 60.4seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not 60.5tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 60.6seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds 60.7West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 60.8530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 60.9feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet to 60.10a DNR MON; thence North 33 degrees 53 minutes 32 new text begin 30 new text end seconds West 226.66 feet to a 60.11DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR 60.12MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; 60.13thence North 24 degrees 09 minutes 58 new text begin 57 new text end seconds East 257.86 feet to a DNR MON; 60.14thence North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence 60.15North 76 degrees 04 minutes 53 new text begin 52 new text end seconds East 715.53 feet to a DNR MON; thence 60.16North 33 degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 60.1764 degrees 28 minutes 25 new text begin 26 new text end seconds East 84.97 feet to a DNR MON; thence South 82 60.18degrees 15 minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 60.1945 minutes 07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres. 60.20    Sec. 5. Laws 2008, chapter 368, article 1, section 21, subdivision 5, is amended to read: 60.21    Subd. 5. [85.012] [Subd. 44a.] Moose Lake State Park, Carlton County. The 60.22following areas are deleted from Moose Lake State Park, all in Township 46 North, Range 60.2319 West, Carlton County: 60.24    (1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter 60.25of Section 28; 60.26    (2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter 60.27of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the 60.28centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a 60.29100.00-foot wide strip for access and also subject to highway and road easements; 60.30    (3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter 60.31of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the 60.32centerline of State Trunk Highway 73, and subject to taking for highway purposes of a 60.33road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County 60.34Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at 60.35the northerly line of State Trunk Highway 73, and subject to highway and road easements; 61.1    (4) Parcel G: that part of Government Lot 1 new text begin 2 new text end of Section 28, which lies northerly 61.2of the westerly extension of the northerly line of the Southwest Quarter of the Northeast 61.3Quarter of said Section 28, and southerly of the westerly extension of the northerly line of 61.4the South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28; 61.5    (5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast 61.6Quarter of Section 28; 61.7    (6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except 61.8the West 660.00 feet of said Southwest Quarter; and 61.9    (7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28, 61.10described as follows: Commencing at the northwest corner of said North One-Half of the 61.11Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north 61.12line of said North One-Half of the Southeast Quarter a distance of 660.01 feet to the east 61.13line of the West 660.00 feet of said North One-Half of the Southeast Quarter and the actual 61.14point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along 61.15the north line of said North One-Half of the Southeast Quarter a distance of 657.40 feet to 61.16the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28; 61.17thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North 61.18One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way 61.19of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate 61.20Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast, 61.21having a radius of 1,0 54.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and 61.22a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees 61.2344 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35 61.24a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73; 61.25thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on 61.26a nontangential curve, concave to the south, having a radius of 1, 984.88 feet, a central 61.27angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39 61.28minutes 40 seconds West to the east line of the West 660.00 feet of said North One-Half of 61.29the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of 61.301, 305.90 feet, more or less, to the point of beginning and there terminating. 61.31    Sec. 6. new text begin ADDITIONS TO STATE PARKS. new text end 61.32     new text begin Subdivision 1. new text end new text begin [85.012] [Subd. 18.] Fort Snelling State Park, Ramsey, Hennepin new text end 61.33 new text begin and Dakota Counties. new text end new text begin The following area is added to Fort Snelling State Park, Hennepin new text end 61.34 new text begin County: that part of Section 20, Township 29 North, Range 23 West, described as follows: new text end 61.35 new text begin From monument number 2, located on the westerly extension of the south boundary new text end 62.1 new text begin of the U.S. Department of the Interior, Bureau of Mines; thence South 89 degrees 52 new text end 62.2 new text begin minutes 00 seconds East along said south boundary of the Bureau of Mines, 478.97 feet to new text end 62.3 new text begin reference point 1 on the easterly right-of-line of Trunk Highway No. 55 and the point of new text end 62.4 new text begin beginning; thence South 48 degrees 48 minutes 53 seconds East, 458.74 feet along the new text end 62.5 new text begin easterly right-of-way line of said Trunk Highway No. 55; thence North 23 degrees 48 new text end 62.6 new text begin minutes 00 seconds East, 329.00 feet to the south boundary of the Bureau of Mines; thence new text end 62.7 new text begin North 89 degrees 52 minutes 00 seconds West, 478.07 feet along said south boundary of new text end 62.8 new text begin the Bureau of Mines to the point of beginning. new text end 62.9     new text begin Subd. 2. new text end new text begin [85.012] [Subd. 42.] Mille Lacs Kathio State Park, Mille Lacs County. new text end 62.10 new text begin The following areas are added to Mille Lacs Kathio State Park, Mille Lacs County: new text end 62.11 new text begin (1) Government Lot 4 of the Northwest Quarter of the Northwest Quarter; all new text end 62.12 new text begin in Section 25, Township 42, Range 27, less a tract to highway described as follows: new text end 62.13 new text begin Commencing at a point approximately 270.0 feet East of the southwest corner of new text end 62.14 new text begin Government Lot 4, Section 25, Township 42 North, Range 27 West, Engineers Station new text end 62.15 new text begin 71+00; thence North 26 degrees 56 minutes West to the west line of Section 25 at new text end 62.16 new text begin Engineers Station 77+07.4 a distance of 607.4 feet and there terminating. The above new text end 62.17 new text begin describes the center line of an 82.5-foot right-of-way for the reconstruction of County new text end 62.18 new text begin State-Aid Highway No. 26 and contains 0.23 acres in addition to the present 66-foot new text end 62.19 new text begin right-of-way, Mille Lacs County, Minnesota; new text end 62.20 new text begin (2) Government Lot 5, Section 25, Township 42, Range 27; new text end 62.21 new text begin (3) that part of Government Lot 1, Section 26, Township 42 North, Range 27 new text end 62.22 new text begin West, Mille Lacs County, Minnesota, EXCEPT that part of Government Lot 1, Section new text end 62.23 new text begin 26, Township 42 North, Range 27 West, Mille Lacs County, Minnesota, described as new text end 62.24 new text begin follows: Beginning at the northeast corner of said Government Lot 1; thence North 89 new text end 62.25 new text begin degrees 09 minutes 54 seconds West, bearing based on Mille Lacs County Coordinate new text end 62.26 new text begin System, along the north line of said Government Lot 1 a distance of 665.82 feet to a new text end 62.27 new text begin 3/4 inch iron rod with survey cap stamped "MN DNR LS 16098" (DNR monument); new text end 62.28 new text begin thence South 00 degrees 00 minutes 00 seconds West a distance of 241.73 feet to a DNR new text end 62.29 new text begin monument; thence continuing South 00 degrees 00 minutes 00 seconds West a distance of new text end 62.30 new text begin 42.18 feet to a P.K. nail in the centerline of County Road 26; thence southeasterly along new text end 62.31 new text begin the centerline of County Road 26 a distance of 860 feet, more or less, to the east line of new text end 62.32 new text begin said Government Lot 1; thence North 00 degrees 22 minutes 38 seconds East along the new text end 62.33 new text begin east line of said Government Lot 1 a distance of 763 feet, more or less, to the point of new text end 62.34 new text begin beginning, containing 6.6 acres, more or less. AND EXCEPT, that part of Government new text end 62.35 new text begin Lot 1, Section 26, Township 42 North, Range 27 West, described as follows: Commencing new text end 62.36 new text begin at a point where the west line of the Northwest Quarter of the Northwest Quarter, Section new text end 63.1 new text begin 25, Township 42, Range 27, intersects the meander line of lake commonly known and new text end 63.2 new text begin designated as "Warren Lake"; thence North along the west line of said forty a distance new text end 63.3 new text begin of 20 rods; thence West at right angles to the meander line of said Warren Lake; thence new text end 63.4 new text begin in a southeasterly direction to the point of beginning; and new text end 63.5 new text begin (4) Government Lot 2, Section 26, Township 42 North, Range 27 West, Mille Lacs new text end 63.6 new text begin County, Minnesota. new text end 63.7    Sec. 7. new text begin DELETIONS FROM STATE PARKS. new text end 63.8     new text begin Subdivision 1. new text end new text begin [85.012] [Subd. 21.] Lake Bemidji State Park, Beltrami County. new text end 63.9 new text begin The following area is deleted from Lake Bemidji State Park, all in Beltrami County: that new text end 63.10 new text begin part of Government Lot 5, Section 24, Township 147 North, Range 33 West, Beltrami new text end 63.11 new text begin County, Minnesota described as follows: Commencing at the most easterly corner of Lot new text end 63.12 new text begin 2, Block 1, Shady Cove, according to the recorded plat thereof; thence northeasterly new text end 63.13 new text begin along the northeasterly extension of the line between Lots 1 and 2, Block 1 in said plat, new text end 63.14 new text begin a distance of 66.00 feet, to the point of beginning of the land to be described; thence new text end 63.15 new text begin continuing along last described course a distance of 150.00 feet; thence deflecting to the new text end 63.16 new text begin left 90 degrees 00 minutes 00 seconds, a distance of 607.70 feet; thence westerly along a new text end 63.17 new text begin line perpendicular to the westerly boundary of said Government Lot 5 to the west line of new text end 63.18 new text begin said Government Lot 5; thence South along the westerly boundary of said Government new text end 63.19 new text begin Lot 5 to intersect a line 66.00 feet northeasterly of, as measured at a right angle to and new text end 63.20 new text begin parallel with the northeasterly line of Block 1, said Shady Cove; thence southeasterly new text end 63.21 new text begin along said parallel line to the point of beginning. new text end 63.22     new text begin Subd. 2. new text end new text begin [85.012] [Subd. 24a.] Great River Bluffs State Park, Winona County. new text end 63.23 new text begin The following areas are deleted from Great River Bluffs State Park, Winona County: new text end 63.24 new text begin (1) beginning at a point 200 feet West from the southeast corner of Lot 2, Section 26, new text end 63.25 new text begin Township 106 North, Range 5 West; thence West on lot line between Lots 2 and 3, 380 new text end 63.26 new text begin feet; thence North 58 degrees East, 320 feet; thence South 32 degrees East, 205 feet to new text end 63.27 new text begin place of beginning, containing 85/100 of an acre, more or less, Winona County, Minnesota; new text end 63.28 new text begin (2) commencing at a point 200 feet West from the northeast corner of Lot 3, Section new text end 63.29 new text begin 26, Township 106 North, Range 5 West; thence South 33 degrees East 300 feet; thence new text end 63.30 new text begin South 58 degrees West 290 feet; thence North 32 degrees West, 490 feet to the lot line new text end 63.31 new text begin between Lots 2 and 3; thence East 350 feet to the place of beginning, containing 3 acres, new text end 63.32 new text begin more or less, Winona County, Minnesota; new text end 63.33 new text begin (3) that part of the recorded plat of East Richmond, Winona County, Minnesota, new text end 63.34 new text begin lying within Section 27, Township 106 North, Range 5 West, that lies northwesterly of the new text end 64.1 new text begin southeasterly line of Jefferson Street, as dedicated in said plat and that lies southwesterly new text end 64.2 new text begin of the southwesterly right-of-way line of U.S. Highway No. 61; new text end 64.3 new text begin (4) Lots 7 and 8, Block B, of Fern Glen Acres, the same being located upon and new text end 64.4 new text begin forming a part of Government Lot 1, Section 35; Lot 9 in Block B of Fern Glen Acres, new text end 64.5 new text begin township of Richmond, according to the recorded plat thereof; beginning at the southeast new text end 64.6 new text begin corner of Lot 9, Block B, Fern Glen Acres, South 33 degrees East 140 feet; thence South new text end 64.7 new text begin 70 degrees West 208 feet; thence North 33 degrees West 140 feet to the southwest line of new text end 64.8 new text begin Lot 9, Block B, Fern Glen Acres; thence North 57 degrees East on the southwest line of new text end 64.9 new text begin Lot 9, Block B, Fern Glen Acres, to place of beginning, all in Government Lot 1, Section new text end 64.10 new text begin 35, Township 106 North, Range 5 West, containing 3/4 acre more or less; new text end 64.11 new text begin (5) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona new text end 64.12 new text begin County, Minnesota, which is more particularly bounded and described as follows, to wit: new text end 64.13 new text begin Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen Acres; new text end 64.14 new text begin thence in a northeasterly direction and along the southerly line of said Lot 9 for a distance new text end 64.15 new text begin of 36.0 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of 107.81 feet new text end 64.16 new text begin to an iron pipe which marks the point of beginning; thence continue in a southeasterly new text end 64.17 new text begin direction along the last described course for a distance of 73.78 feet; thence deflect to new text end 64.18 new text begin the left 9 degrees 04 minutes, for a distance of 32.62 feet; thence deflect to the right 90 new text end 64.19 new text begin degrees 00 minutes, for a distance of 73.23 feet; thence deflect to the right 89 degrees 20 new text end 64.20 new text begin minutes, for a distance of 104.04 feet; thence deflect to the right 9 degrees 44 minutes, for new text end 64.21 new text begin a distance of 35.00 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of new text end 64.22 new text begin 64.75 feet; thence deflect to the right on a curve (Delta angle 90 degrees 00 minutes, radius new text end 64.23 new text begin 20.00 minutes) for an arc distance of 31.42 feet, more or less, to the point of beginning; new text end 64.24 new text begin (6) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona new text end 64.25 new text begin County, Minnesota, which is more particularly bounded and described as follows: new text end 64.26 new text begin Commencing at the southwest corner of Lot 9 of Block "B" of Fern Glen Acres; thence in new text end 64.27 new text begin a northeasterly direction along the southerly line of said Lot 9, a distance of 56.00 feet; new text end 64.28 new text begin thence at a deflection angle to the right of 90 degrees 00 minutes a distance of 180.00 feet new text end 64.29 new text begin to an iron pipe monument which marks the point of beginning; thence at a deflection angle new text end 64.30 new text begin to the left of 80 degrees 56 minutes 00 seconds a distance of 113.20 feet to the southerly new text end 64.31 new text begin right-of-way of U.S. Highway No. 61; thence at a deflection angle to the right of 84 new text end 64.32 new text begin degrees 18 minutes 00 seconds and southeasterly along the southerly right-of-way line of new text end 64.33 new text begin said U.S. Highway No. 61 a distance of 147.73 feet; thence at a deflection angle to the new text end 64.34 new text begin right of 87 degrees 12 minutes 30 seconds a distance of 193.87 feet; thence at a deflection new text end 64.35 new text begin angle to the right of 88 degrees 45 minutes 30 seconds a distance of 132.18 feet; thence at new text end 64.36 new text begin a deflection angle to the right of 90 degrees 40 minutes 00 seconds a distance of 93.23 new text end 65.1 new text begin feet; thence at a deflection angle to the left of 90 degrees 00 minutes 00 seconds a distance new text end 65.2 new text begin of 30.35 feet, more or less, to the point of beginning; new text end 65.3 new text begin (7) that part of Government Lot 1, Section 35, Township 106 North, Range 5 West, new text end 65.4 new text begin Winona County, Minnesota, which is more particularly bounded and described as follows: new text end 65.5 new text begin Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen new text end 65.6 new text begin Acres; thence in a northeasterly direction along the southerly line of said Lot 9 a distance new text end 65.7 new text begin of 56.00 feet; thence at a deflection angle to the right of 90 degrees 00 minutes a distance new text end 65.8 new text begin of 180.00 feet; thence at a deflection angle to the left of 9 degrees 04 minutes 00 seconds a new text end 65.9 new text begin distance of 164.29 feet to an iron pipe monument which marks the point of beginning; new text end 65.10 new text begin thence at a deflection angle to the left of 89 degrees 25 minutes 30 seconds a distance new text end 65.11 new text begin of 102.19 feet to the southerly right-of-way line of U.S. Highway No. 61; thence at a new text end 65.12 new text begin deflection angle to the right of 92 degrees 47 minutes 30 seconds and southeasterly along new text end 65.13 new text begin the southerly right-of-way line of said U.S. highway a distance of 85.10 feet; thence at a new text end 65.14 new text begin deflection angle to the right of 87 degrees 12 minutes 30 seconds a distance of 187.89 feet; new text end 65.15 new text begin thence at a deflection angle to the right of 88 degrees 45 minutes 30 seconds a distance of new text end 65.16 new text begin 85.02 feet; thence at a deflection angle to the right of 91 degrees 14 minutes 30 seconds a new text end 65.17 new text begin distance of 91.68 feet, more or less, to the point of beginning; new text end 65.18 new text begin (8) that part of Government Lots 1 and 2, Section 35, Township 106, Range 5, new text end 65.19 new text begin Winona County, Minnesota, described as follows: Commencing at the southwest corner of new text end 65.20 new text begin Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees new text end 65.21 new text begin East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an iron new text end 65.22 new text begin pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe and the new text end 65.23 new text begin point of beginning; thence South 48 degrees 30 minutes 30 seconds West 107.35 feet to new text end 65.24 new text begin an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 12.11 new text end 65.25 new text begin feet; thence South 40 degrees 29 minutes 30 seconds East 100.7 feet; thence North 48 new text end 65.26 new text begin degrees 30 minutes 30 seconds East 17.83 feet to an iron pipe; thence continuing North new text end 65.27 new text begin 48 degrees 30 minutes 30 seconds East 111.83 feet to an iron pipe; thence continuing new text end 65.28 new text begin North 48 degrees 30 minutes 30 seconds East 70.61 feet to an iron pipe at a point on the new text end 65.29 new text begin southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence along new text end 65.30 new text begin said southerly boundary line a chord distance of 100.7 feet on a bearing North 40 degrees new text end 65.31 new text begin 29 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 minutes 30 new text end 65.32 new text begin seconds West 80.54 feet to the point of beginning; new text end 65.33 new text begin (9) that part of Government Lots 1 and 2, Section 35, Township 106 North, Range 5 new text end 65.34 new text begin West, Winona County, Minnesota, described as follows: Commencing at the southwest new text end 65.35 new text begin corner of Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North new text end 65.36 new text begin 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 new text end 66.1 new text begin feet to an iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron new text end 66.2 new text begin pipe; thence South 46 degrees 06 minutes 30 seconds East 101.05 feet to an iron pipe being new text end 66.3 new text begin the point of beginning; thence South 48 degrees 30 minutes 30 seconds West 111.83 feet to new text end 66.4 new text begin an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 17.56 feet; new text end 66.5 new text begin thence South 41 degrees 53 minutes East 192.4 feet; thence North 48 degrees 30 minutes new text end 66.6 new text begin 30 seconds East 94.05 feet to an iron pipe; thence continuing North 48 degrees 30 minutes new text end 66.7 new text begin 30 seconds East 105.95 feet to an iron pipe at a point on the southerly boundary line of new text end 66.8 new text begin U.S. Highway No. 61 right-of-way; thence along said southerly boundary line a chord new text end 66.9 new text begin distance of 192.4 feet on a bearing of North 41 degrees 53 minutes West to an iron pipe; new text end 66.10 new text begin thence South 48 degrees 30 minutes 30 seconds West 70.61 feet to the point of beginning; new text end 66.11 new text begin (10) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, new text end 66.12 new text begin Winona County, Minnesota described as follows: Commencing at the southwest corner of new text end 66.13 new text begin Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees new text end 66.14 new text begin East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an new text end 66.15 new text begin iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet; thence South 46 new text end 66.16 new text begin degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe, the point of beginning; new text end 66.17 new text begin thence North 48 degrees 30 minutes 30 seconds East 52.45 feet to an iron pipe at a point new text end 66.18 new text begin on the southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence new text end 66.19 new text begin along said southerly boundary line a chord distance of 76.80 feet on a bearing of North new text end 66.20 new text begin 43 degrees 09 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 new text end 66.21 new text begin minutes 30 seconds West 105.95 feet to an iron pipe; thence continuing South 48 degrees new text end 66.22 new text begin 30 minutes 30 seconds West 94.05 feet; thence South 43 degrees 09 minutes 30 seconds new text end 66.23 new text begin East 76.80 feet; thence North 48 degrees 30 minutes 30 seconds East 55.93 feet to an iron new text end 66.24 new text begin pipe; thence continuing North 48 degrees 30 minutes 30 seconds East 91.62 feet to the new text end 66.25 new text begin point of beginning; new text end 66.26 new text begin (11) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, new text end 66.27 new text begin Winona County, Minnesota described as follows: Commencing at the southwest corner of new text end 66.28 new text begin Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North new text end 66.29 new text begin 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 new text end 66.30 new text begin feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe; new text end 66.31 new text begin thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe which is new text end 66.32 new text begin the point of beginning; thence South 48 degrees 30 minutes 30 seconds West and along the new text end 66.33 new text begin south line of the property heretofore conveyed by Deed in Book 237 of Deeds on Page new text end 66.34 new text begin 693, for a distance of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East new text end 66.35 new text begin 127.91 feet; thence North 43 degrees 53 minutes 30 seconds East and along the northerly new text end 66.36 new text begin line of the property heretofore conveyed by Deed to Vincent Zanon in Book 252 of Deeds new text end 67.1 new text begin on page 663, for a distance of 200 feet, more or less, to the southerly right-of-way line of new text end 67.2 new text begin U.S. Highway No. 61; thence North 44 degrees 38 minutes 48 seconds West and along new text end 67.3 new text begin said southerly right-of-way line of U.S. Highway No. 61 for a distance of 111.94 feet to an new text end 67.4 new text begin iron pipe in place at the southeast corner of the property heretofore conveyed by Deed in new text end 67.5 new text begin Book 237 of Deeds on page 693; thence South 48 degrees 30 minutes 30 seconds West new text end 67.6 new text begin 52.45 feet, more or less, to the point of beginning; new text end 67.7 new text begin (12) that part of Government Lot 2, Section 35, Township 106 North, Range 5 new text end 67.8 new text begin West, Winona County, Minnesota, described as follows: Commencing at the southwest new text end 67.9 new text begin corner of Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; new text end 67.10 new text begin thence North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds new text end 67.11 new text begin East 217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to new text end 67.12 new text begin an iron pipe; thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron new text end 67.13 new text begin pipe; thence South 48 degrees 30 minutes 30 seconds West and along the south line of the new text end 67.14 new text begin property heretofore conveyed by Deed in Book 237 of Deeds on page 693, for a distance new text end 67.15 new text begin of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East 127.91 feet to the new text end 67.16 new text begin point of beginning; thence continuing South 44 degrees 33 minutes 19 seconds East 112 new text end 67.17 new text begin feet; thence North 43 degrees 53 minutes 30 seconds East and along the north line of the new text end 67.18 new text begin property heretofore conveyed by Deed in Book 240 of Deeds on page 367, for a distance new text end 67.19 new text begin of 200 feet to the southerly right-of-way line of U.S. Highway No. 61; thence North 44 new text end 67.20 new text begin degrees 38 minutes 48 seconds West and along the said southerly right-of-way line of new text end 67.21 new text begin U.S. Highway No. 61 for a distance of 112 feet; thence South 43 degrees 53 minutes 30 new text end 67.22 new text begin seconds West for a distance of 200 feet, more or less, to the point of beginning; and new text end 67.23 new text begin (13) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, new text end 67.24 new text begin Winona County, Minnesota, described as follows: Commencing at the southwest corner new text end 67.25 new text begin of Lot 8, Block "B" of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence new text end 67.26 new text begin North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East new text end 67.27 new text begin 217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron new text end 67.28 new text begin pipe; thence South 46 degrees 06 minutes 30 seconds East 599.10 feet to an iron pipe, the new text end 67.29 new text begin point of beginning; thence North 43 degrees 53 minutes 30 seconds East 46.54 feet to a new text end 67.30 new text begin point on the southerly boundary line of Trunk Highway No. 61 right-of-way; thence along new text end 67.31 new text begin said southerly boundary line a chord distance of 73.05 feet, bearing South 46 degrees 00 new text end 67.32 new text begin minutes East; thence continuing along said southerly boundary line South 43 degrees 33 new text end 67.33 new text begin minutes West 10.0 feet; thence continuing along said southerly boundary line a chord new text end 67.34 new text begin distance of 28.50 feet bearing South 46 degrees 30 minutes East; thence South 45 degrees new text end 67.35 new text begin 00 minutes West 41.95 feet to an iron pipe in place; thence South 33 degrees 32 minutes new text end 67.36 new text begin West 255.0 feet; thence North 43 degrees 30 minutes 22 seconds West 146.84 feet; thence new text end 68.1 new text begin North 43 degrees 53 minutes 30 seconds East 184.1 feet to an iron pipe; thence North 43 new text end 68.2 new text begin degrees 53 minutes 30 seconds East 65.9 feet to the point of beginning. new text end 68.3    Sec. 8. new text begin REPEALER. new text end 68.4 new text begin Minnesota Statutes 2008, section 97A.056, subdivision 2, new text end new text begin is repealed. new text end 68.5ARTICLE 4 68.6LAND SALES 68.7    Section 1. Laws 2007, chapter 131, article 2, section 38, is amended to read: 68.8    Sec. 38. new text begin PUBLIC OR new text end PRIVATE SALE OF SURPLUS STATE LAND 68.9BORDERING PUBLIC WATER; WASHINGTON COUNTY. 68.10    (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 68.11commissioner of natural resources may sell by new text begin public or new text end private sale the surplus land 68.12bordering public water that is described in paragraph (c). 68.13    (b) The conveyance must be in a form approved by the attorney general. The 68.14attorney general may make necessary changes to the legal description to correct errors 68.15and ensure accuracy. new text begin If sold by private sale, new text end the commissioner may only sell the land to a 68.16governmental subdivision of the state. new text begin If sold by private sale, new text end the conveyance may be for 68.17less than the value of the land as determined by the commissioner, but the conveyance 68.18must provide that the land be used for the public and reverts to the state if the governmental 68.19subdivision fails to provide for public use or abandons the public use of the land. 68.20    (c) The land that may be sold is located in Washington County and is described as 68.21follows, Parcels A and B containing altogether 31.55 acres, more or less: 68.22    (1) Parcel A: all that part of the North Half of the Southeast Quarter, Section 68.2330, Township 30 North, Range 20 West, bounded by the following described lines: 68.24commencing at the east quarter corner of said Section 30; thence on an assumed bearing 68.25of North 88 degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west 68.26quarter line of said Section 30 to the point of beginning; thence North 88 degrees 13 68.27minutes 48 seconds West, 504.57 feet on and along the said east-west quarter line; thence 68.28South 17 degrees 54 minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 68.29line of said Section 30; thence South 88 degrees 10 minutes 45 seconds East, 504.44 feet 68.30on and along the south 1/16 line of said Section 30; thence North 17 degrees 54 minutes 68.3126 seconds East, 1378.11 feet to the point of beginning; and 68.32    (2) Parcel B: all that part of the North Half of the Southeast Quarter, Section 68.3330, Township 30 North, Range 20 West, bounded by the following described lines: 68.34commencing at the east quarter corner of said Section 30; thence on an assumed bearing 69.1of North 88 degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter 69.2line of said Section 30 to the point of beginning; thence South 17 degrees 54 minutes 26 69.3seconds West, 1377.65 feet to a point on the south 1/16 line of said Section 30; thence 69.4North 88 degrees 10 minutes 45 seconds West, 369.30 feet along said south 1/16 line; 69.5thence North 42 degrees 24 minutes 47 seconds West, 248.00 feet; thence North 02 69.6degrees 59 minutes 30 seconds East, 488.11 feet; thence North 47 degrees 41 minutes 19 69.7seconds East, 944.68 feet to a point on the east-west quarter line of said Section 30; 69.8thence South 88 degrees 13 minutes 48 seconds East, 236.03 feet along said east-west 69.9quarter line to the point of beginning. 69.10    (d) The land borders Long Lake and is not contiguous to other state lands. The 69.11land was donated to the state with the understanding that the land would be used as a 69.12wildlife sanctuary. The Department of Natural Resources has determined that the land is 69.13not needed for natural resource purposes. 69.14    Sec. 2. Laws 2008, chapter 368, article 1, section 34, is amended to read: 69.15    Sec. 34. PRIVATE SALE new text begin CONVEYANCE new text end OF SURPLUS STATE LAND; 69.16HENNEPIN COUNTY. 69.17    (a) Notwithstanding Minnesota Statutes, sections 94.09 and new text begin to 94.16 new text end , the 69.18commissioner of natural resources may sell by private sale new text begin shall convey new text end to the city of 69.19Wayzata new text begin for no consideration new text end the surplus land that is described in paragraph (c). 69.20    (b) The conveyance must be in a form approved by the attorney general. The 69.21attorney general may make necessary changes to the legal description to correct errors and 69.22ensure accuracy. The commissioner may sell to the city of Wayzata, for less than the value 69.23of the land as determined by the commissioner, but the conveyance must provide that the 69.24land described in paragraph (c) be used for the public and reverts to the state if the city of 69.25Wayzata fails to provide for public use or abandons the public use of the land. 69.26    (c) The land that may be sold new text begin to be conveyed new text end is located in Hennepin County and is 69.27described as: Tract F, Registered Land Survey No. 1168. 69.28    (d) The Department of Natural Resources has determined that the state's land 69.29management interests would best be served if the land was conveyed to the city of 69.30Wayzata. 69.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 69.32    Sec. 3. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 69.33 new text begin WATER; AITKIN COUNTY. new text end 70.1 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 70.2 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 70.3 new text begin in paragraph (c). new text end 70.4 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 70.5 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 70.6 new text begin and ensure accuracy. new text end 70.7 new text begin (c) The land that may be sold is located in Aitkin County and is described as: new text end 70.8 new text begin (1) parts of Government Lot 3, Section 33, and the Southeast Quarter of the new text end 70.9 new text begin Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, Aitkin County, new text end 70.10 new text begin Minnesota, described as follows: new text end 70.11 new text begin Commencing at the north quarter corner of said Section 33; thence South 88 degrees new text end 70.12 new text begin 07 minutes 19 seconds West, assumed bearing, along the northerly line of said new text end 70.13 new text begin Government Lot 3, a distance of 1020.00 feet to the point of beginning of the tract to new text end 70.14 new text begin herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 feet; new text end 70.15 new text begin thence South 88 degrees 07 minutes 19 seconds West 300 feet; thence South 1 degree new text end 70.16 new text begin 52 minutes 41 seconds East 660.00 feet to the northerly line of said Government Lot new text end 70.17 new text begin 3; thence South 88 degrees 07 minutes 19 seconds West 15.08 feet to the northwest new text end 70.18 new text begin corner of said Government Lot 3; thence South 1 degree 08 minutes 57 seconds East new text end 70.19 new text begin 326.00 feet, more or less, to the shoreline of Big Sandy Lake Reservoir; thence new text end 70.20 new text begin easterly along the said shoreline to a point which bears South 1 degree 52 minutes new text end 70.21 new text begin 41 seconds East from the point of beginning; thence North 1 degree 52 minutes 41 new text end 70.22 new text begin seconds West 330.00 feet, more or less, to the point of beginning of the tract to new text end 70.23 new text begin herein be described and there terminating, containing 3.89 acres, more or less; and new text end 70.24 new text begin (2) those parts of Government Lot 3, Section 33 and the Southeast Quarter of the new text end 70.25 new text begin Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, described new text end 70.26 new text begin as follows: new text end 70.27 new text begin Commencing at the north quarter corner of said Section 33; thence South 88 degrees new text end 70.28 new text begin 07 minutes 19 seconds West, assumed bearing, along the northerly line of said new text end 70.29 new text begin Government Lot 3, a distance of 920.00 feet to the point of beginning of the tract new text end 70.30 new text begin to herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 new text end 70.31 new text begin feet; thence South 88 degrees 07 minutes 19 seconds West 100.00 feet; thence South new text end 70.32 new text begin 1 degree 52 minutes 41 seconds East 990.00 feet, more or less, to the shoreline of new text end 70.33 new text begin Big Sandy Lake Reservoir; thence easterly along the said shoreline to a point which new text end 70.34 new text begin bears South 1 degree 52 minutes 41 seconds East from the point of beginning; thence new text end 70.35 new text begin North 1 degree 52 minutes 41 seconds West 341.60 feet, more or less, to the point of new text end 70.36 new text begin beginning of the tract to herein be described and there terminating. new text end 71.1 new text begin (d) The land borders Big Sandy Lake. The Department of Natural Resources has new text end 71.2 new text begin determined that the land is not needed for natural resource purposes. new text end 71.3    Sec. 4. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ANOKA COUNTY. new text end 71.4 new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 71.5 new text begin of natural resources may sell by private sale to the city of Ham Lake the surplus land new text end 71.6 new text begin that is described in paragraph (c). new text end 71.7 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 71.8 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 71.9 new text begin and ensure accuracy. new text end 71.10 new text begin (c) The land that may be sold is located in Anoka County and is described as: new text end 71.11 new text begin That part of Government Lot 1, Section 20, Township 32 North, Range 23 West, new text end 71.12 new text begin described as follows: beginning at the quarter corner on the east line of Section new text end 71.13 new text begin 20, thence northerly along the east line of said Section 20, a distance of 1,250 new text end 71.14 new text begin feet; thence westerly and parallel to the east and west quarter line of Section 20, a new text end 71.15 new text begin distance of 400 feet; thence southerly and parallel to the east line of Section 20, a new text end 71.16 new text begin distance of 750 feet; thence westerly and parallel to the east and west quarter line new text end 71.17 new text begin of Section 20, a distance of 750 feet; thence southerly and parallel to the east line new text end 71.18 new text begin of Section 20, a distance of 500 feet, to the east and west quarter line of Section new text end 71.19 new text begin 20; thence easterly along the quarter line a distance of 1,150 feet to the point of new text end 71.20 new text begin beginning, containing 20 acres, more or less. new text end 71.21 new text begin (d) The city of Ham Lake currently leases the state land for a hiking trail in new text end 71.22 new text begin connection with Anoka County's management of adjacent public lands used for a new text end 71.23 new text begin county park. The Department of Natural Resources has determined that the state's land new text end 71.24 new text begin management interests would best be served if the land was conveyed to the city of Ham new text end 71.25 new text begin Lake. new text end 71.26    Sec. 5. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 71.27 new text begin WATER; BELTRAMI COUNTY. new text end 71.28 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 71.29 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 71.30 new text begin in paragraph (c). new text end 71.31 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 71.32 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 71.33 new text begin and ensure accuracy. new text end 72.1 new text begin (c) The land that may be sold is located in Beltrami County and is described as: new text end 72.2 new text begin Government Lot 7, Section 25, Township 149 North, Range 33 West, containing 22 acres, new text end 72.3 new text begin more or less. new text end 72.4 new text begin (d) The land borders Bass Lake. The Department of Natural Resources has new text end 72.5 new text begin determined that the land is not needed for natural resource purposes. new text end 72.6    Sec. 6. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 72.7 new text begin WATER; BELTRAMI COUNTY. new text end 72.8 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 72.9 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 72.10 new text begin in paragraph (c). new text end 72.11 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 72.12 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 72.13 new text begin and ensure accuracy. new text end 72.14 new text begin (c) The land that may be sold is located in Beltrami County and is described as: the new text end 72.15 new text begin West Half of the Northwest Quarter, Section 29, Township 147 North, Range 34 West, new text end 72.16 new text begin containing 80 acres, more or less. new text end 72.17 new text begin (d) The land borders Grant Creek. The Department of Natural Resources has new text end 72.18 new text begin determined that the land is not needed for natural resource purposes. new text end 72.19    Sec. 7. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 72.20 new text begin WATER; BLUE EARTH COUNTY. new text end 72.21 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 72.22 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 72.23 new text begin in paragraph (c). new text end 72.24 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 72.25 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 72.26 new text begin and ensure accuracy. new text end 72.27 new text begin (c) The land that may be sold is located in Blue Earth County and is described as: new text end 72.28 new text begin that part of Tracts A, B, C, and D described below: new text end 72.29 new text begin (1) Tract A. That part of the Northwest Quarter of the Northeast Quarter, Section new text end 72.30 new text begin 27, Township 107 North, Range 28 West, Blue Earth County, Minnesota, described new text end 72.31 new text begin as follows: Beginning at the northwest corner of Block 1, Garden City; thence run new text end 72.32 new text begin due west to the Watonwan River; thence down the river to the southwest corner of new text end 72.33 new text begin Block 2 of said Garden City; thence North on the quarter section line to the place new text end 72.34 new text begin of beginning; new text end 73.1 new text begin (2) Tract B. That part of the South Half of the Southeast Quarter, Section 22, new text end 73.2 new text begin Township 107 North, Range 28 West, Blue Earth County, Minnesota, described as new text end 73.3 new text begin follows: Beginning at the northeast corner of Block 12, Garden City; thence run west new text end 73.4 new text begin to the Watonwan River; thence run North and East up said river to a point due North new text end 73.5 new text begin of the northeast corner of said Block 12; thence South to the place of beginning; new text end 73.6 new text begin (3) Tract C. Block 1, Block 12, and Lots 1, 2, 6, 7, and 8, Block 11, Garden City, new text end 73.7 new text begin according to the plat thereof on file and of record in the Office of the County new text end 73.8 new text begin Recorder in and for Blue Earth County, Minnesota; and new text end 73.9 new text begin (4) Tract D. That part of Lots 1, 2, 3, 6, 7, and 8, Block 2, Plat of Garden City, new text end 73.10 new text begin shown as Parcel 26E on Minnesota Department of Transportation Right-of-Way Plat new text end 73.11 new text begin Numbered 07-32 as the same is on file and of record in the Office of the County new text end 73.12 new text begin Recorder in and for Blue Earth County, Minnesota; which lies westerly of Line 1 new text end 73.13 new text begin described below: new text end 73.14 new text begin Line 1. Commencing at Right-of-Way Boundary Corner B58 as shown on said Plat new text end 73.15 new text begin No. 07-32; thence run northerly on an azimuth of 00 degrees 09 minutes 20 seconds new text end 73.16 new text begin along the boundary of said plat for 445.34 feet to Right-of-Way Boundary Corner new text end 73.17 new text begin B59 and the point of beginning of Line 1 to be described; thence on an azimuth of 80 new text end 73.18 new text begin degrees 48 minutes 11 seconds for 170.80 feet; thence on an azimuth of 17 degrees new text end 73.19 new text begin 41 minutes 10 seconds for 458.72 feet; thence on an azimuth of 14 degrees 14 new text end 73.20 new text begin minutes 23 seconds for 280 feet to Right-of-Way Boundary Corner B32 as shown on new text end 73.21 new text begin Minnesota Department of Transportation Right-of-Way Plat No. 07-40 as the same new text end 73.22 new text begin is on file and of record in the office of said county recorder and there terminating; new text end 73.23 new text begin containing 11.69 acres, more or less. new text end 73.24 new text begin (d) The land borders the Watonwan River and is not contiguous to other state lands. new text end 73.25 new text begin The Department of Natural Resources has determined that the land is not needed for new text end 73.26 new text begin natural resource purposes. new text end 73.27    Sec. 8. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 73.28 new text begin WATER; CASS COUNTY. new text end 73.29 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 73.30 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 73.31 new text begin in paragraph (c). new text end 73.32 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 73.33 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 73.34 new text begin and ensure accuracy. new text end 74.1 new text begin (c) The land that may be sold is located in Cass County and is described as: Lot 21 new text end 74.2 new text begin of Longwood Point, according to the map or plat thereof on file and of record in the Office new text end 74.3 new text begin of the County Recorder in and for Cass County, Minnesota, in Section 5, Township 139 new text end 74.4 new text begin North, Range 26 West, containing 3.03 acres, more or less. new text end 74.5 new text begin (d) The land borders Washburn Lake. The Department of Natural Resources has new text end 74.6 new text begin determined that the land is not needed for natural resource purposes. new text end 74.7    Sec. 9. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 74.8 new text begin WATER; CASS COUNTY. new text end 74.9 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 74.10 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 74.11 new text begin in paragraph (c). new text end 74.12 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 74.13 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 74.14 new text begin and ensure accuracy. new text end 74.15 new text begin (c) The land that may be sold is located in Cass County and is described as: new text end 74.16 new text begin Government Lots 5 and 6, Section 3, Township 141 North, Range 27 West, containing new text end 74.17 new text begin 81.15 acres, more or less. new text end 74.18 new text begin (d) The land borders Mable Lake and is not contiguous to other state lands. The new text end 74.19 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 74.20 new text begin resource purposes. new text end 74.21    Sec. 10. new text begin PRIVATE SALE OF SURPLUS LAND; CLEARWATER COUNTY. new text end 74.22 new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 74.23 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 74.24 new text begin (c). new text end 74.25 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 74.26 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 74.27 new text begin ensure accuracy. The commissioner may sell the land to the White Earth Band of Ojibwe new text end 74.28 new text begin for less than the value of the land as determined by the commissioner, but the conveyance new text end 74.29 new text begin must provide that the land be used for the public and reverts to the state if the band fails new text end 74.30 new text begin to provide for public use or abandons the public use of the land. The conveyance may new text end 74.31 new text begin reserve an easement for ingress and egress. new text end 74.32 new text begin (c) The land that may be sold is located in Clearwater County and is described as: new text end 74.33 new text begin the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145 new text end 74.34 new text begin North, Range 38 West, containing 6.89 acres, more or less. new text end 75.1 new text begin (d) The Department of Natural Resources has determined that the land and building new text end 75.2 new text begin are no longer needed for natural resource purposes. new text end 75.3    Sec. 11. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 75.4 new text begin WATER; CROW WING COUNTY. new text end 75.5 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 75.6 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 75.7 new text begin in paragraph (c). new text end 75.8 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 75.9 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 75.10 new text begin and ensure accuracy. new text end 75.11 new text begin (c) The land that may be sold is located in Crow Wing County and is described as: new text end 75.12 new text begin (1) Government Lot 3, Section 9, Township 136 North, Range 28 West, containing new text end 75.13 new text begin 39.25 acres, more or less; and new text end 75.14 new text begin (2) Government Lot 2, Section 9, Township 136 North, Range 28 West, containing new text end 75.15 new text begin 25.3 acres, more or less. new text end 75.16 new text begin (d) The land borders Shaffer Lake and is not contiguous to other state lands. The new text end 75.17 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 75.18 new text begin resource purposes. new text end 75.19    Sec. 12. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 75.20 new text begin WATER; CROW WING COUNTY. new text end 75.21 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 75.22 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 75.23 new text begin in paragraph (c). new text end 75.24 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 75.25 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 75.26 new text begin and ensure accuracy. new text end 75.27 new text begin (c) The land that may be sold is located in Crow Wing County and is described new text end 75.28 new text begin as: the North 1,000 feet of Government Lot 3, Section 25, Township 136 North, Range new text end 75.29 new text begin 27 West, excepting that portion which lies North and East of F.A.S #11, containing 32 new text end 75.30 new text begin acres, more or less. new text end 75.31 new text begin (d) The land borders the Pine River. The Department of Natural Resources has new text end 75.32 new text begin determined that the land is not needed for natural resource purposes. new text end 75.33    Sec. 13. new text begin PRIVATE SALE OF SURPLUS LAND; FILLMORE COUNTY. new text end 76.1 new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 76.2 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 76.3 new text begin (c). new text end 76.4 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 76.5 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 76.6 new text begin and ensure accuracy. new text end 76.7 new text begin (c) The land that may be sold is located in Fillmore County and is described as: new text end 76.8 new text begin That part of the Northwest Quarter of the Northwest Quarter of Section 2, Township new text end 76.9 new text begin 103 North, Range 10 West, described as follows: commencing at the northeast new text end 76.10 new text begin corner of the North Half of the Northwest Quarter of said Section 2; thence on new text end 76.11 new text begin an assumed bearing of South 89 degrees 22 minutes 48 seconds West, along the new text end 76.12 new text begin north line of said North Half of the Northwest Quarter, 500.09 feet; thence South new text end 76.13 new text begin 33 degrees 21 minutes 11 seconds West, 1,520.38 feet; thence North 00 degrees new text end 76.14 new text begin 37 minutes 12 seconds West, 540.85 feet; thence south 89 degrees 22 minutes 48 new text end 76.15 new text begin seconds West, 630.00 feet to the point of beginning of the land to be described; new text end 76.16 new text begin thence North 00 degrees 37 minutes 12 seconds West, 551.74 feet to the center line new text end 76.17 new text begin of Goodview Drive; thence North 89 degrees 03 minutes 27 seconds West, along new text end 76.18 new text begin said center line 77.26 feet; thence South 89 degrees 52 minutes 18 seconds West, new text end 76.19 new text begin along said center line, 162.78 feet; thence South 25 degrees 32 minutes 45 seconds new text end 76.20 new text begin West, 82.13 feet; thence South 20 degrees 17 minutes 19 seconds West, 169.57 new text end 76.21 new text begin feet; thence South 18 degrees 48 minutes 07 seconds West, 143.54 feet; thence new text end 76.22 new text begin South 26 degrees 31 minutes 49 seconds West, 211.00 feet; thence North 89 degrees new text end 76.23 new text begin 22 minutes 48 seconds East, 480.75 feet to the point of beginning. Subject to the new text end 76.24 new text begin right-of-way of said Goodview Drive. Containing 4.53 acres, more or less. new text end 76.25 new text begin (d) The sale would be to the Eagle Bluff Environmental Learning Center for new text end 76.26 new text begin installation of a geothermal heating system for the center's adjacent educational facilities. new text end 76.27 new text begin The Department of Natural Resources has determined that the land is not needed for new text end 76.28 new text begin natural resource purposes. new text end 76.29    Sec. 14. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 76.30 new text begin WATER; HENNEPIN COUNTY. new text end 76.31 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 76.32 new text begin commissioner of natural resources may sell by private sale to the city of St. Louis Park the new text end 76.33 new text begin surplus land that is described in paragraph (c). new text end 76.34 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 76.35 new text begin attorney general may make necessary changes to the legal description to correct errors and new text end 77.1 new text begin ensure accuracy. The commissioner may sell to the city of St. Louis Park for less than the new text end 77.2 new text begin value of the land as determined by the commissioner, but the conveyance must provide new text end 77.3 new text begin that the land described in paragraph (c) be used for the public and reverts to the state if the new text end 77.4 new text begin city of St. Louis Park fails to provide for public use or abandons the public use of the land. new text end 77.5 new text begin (c) The land that may be sold is located in Hennepin County and is described as: new text end 77.6 new text begin A strip of land 130 feet wide in the Southeast Quarter of the Northwest Quarter of new text end 77.7 new text begin Section 20, Township 117 North, Range 21 West, the center line of which strip new text end 77.8 new text begin has its beginning at a point on the west boundary of said Southeast Quarter of the new text end 77.9 new text begin Northwest Quarter, and 753.8 feet distant from the south boundary line of said new text end 77.10 new text begin Southeast Quarter of the Northwest Quarter, and continued thence east on a line new text end 77.11 new text begin parallel with the south boundary line of said Southeast Quarter of the Northwest new text end 77.12 new text begin Quarter for a distance of 1,012 feet, containing 3.02 acres, more or less. new text end 77.13 new text begin (d) The land is adjacent to Minnehaha Creek and adjacent to other lands managed new text end 77.14 new text begin by the city of St. Louis Park. The Department of Natural Resources has determined that new text end 77.15 new text begin the state's land management interest would best be served if the land were conveyed to new text end 77.16 new text begin the city of St. Louis Park. new text end 77.17    Sec. 15. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 77.18 new text begin WATER; HUBBARD COUNTY. new text end 77.19 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 77.20 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 77.21 new text begin in paragraph (c). new text end 77.22 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 77.23 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 77.24 new text begin and ensure accuracy. new text end 77.25 new text begin (c) The land that may be sold is located in Hubbard County and is described as: those new text end 77.26 new text begin parts of Government Lot 4 and the Southwest Quarter of the Southwest Quarter, Section new text end 77.27 new text begin 16, Township 143 North, Range 34 West, Hubbard County, Minnesota, lying southerly new text end 77.28 new text begin and easterly of Minnesota Department of Transportation Right-of-Way Plat Numbered new text end 77.29 new text begin 29-18 and Minnesota Department of Transportation Right-of-Way Plat Numbered 29-2 new text end 77.30 new text begin as the same is on file and of record in the Office of the County Recorder for Hubbard new text end 77.31 new text begin County, Minnesota, and lying westerly of the East 600 feet of said Government Lot 4, new text end 77.32 new text begin containing 14.6 acres, more or less. new text end 77.33 new text begin (d) The land borders Lake Paine. The Department of Natural Resources has new text end 77.34 new text begin determined that the land is not needed for natural resource purposes. new text end 78.1    Sec. 16. new text begin APPORTIONMENT OF PROCEEDS; TAX-FORFEITED LANDS; new text end 78.2 new text begin ITASCA COUNTY. new text end 78.3 new text begin Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other new text end 78.4 new text begin law relating to the apportionment of proceeds from the sale of tax-forfeited land, Itasca new text end 78.5 new text begin County may deposit proceeds from the sale of tax-forfeited lands into a tax-forfeited new text end 78.6 new text begin land replacement trust fund created in Laws 2006, chapter 236, article 1, section 43, as new text end 78.7 new text begin amended by Laws 2008, chapter 368, article 1, section 18. The principal and interest from new text end 78.8 new text begin these proceeds may be spent only on the purchase of lands to replace the tax-forfeited new text end 78.9 new text begin lands sold to Minnesota Steel Industries or for lands better suited for retention by Itasca new text end 78.10 new text begin County. Lands purchased with the land replacement fund must: new text end 78.11 new text begin (1) become subject to trust in favor of the governmental subdivision wherein they lie new text end 78.12 new text begin and all laws related to tax-forfeited lands; and new text end 78.13 new text begin (2) be for forest management purposes and dedicated as memorial forest under new text end 78.14 new text begin Minnesota Statutes, section 459.06, subdivision 2. new text end 78.15    Sec. 17. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 78.16 new text begin WATER; ITASCA COUNTY. new text end 78.17 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 78.18 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 78.19 new text begin in paragraph (c). new text end 78.20 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 78.21 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 78.22 new text begin and ensure accuracy. new text end 78.23 new text begin (c) The land that may be sold is located in Itasca County and is described as: Lot new text end 78.24 new text begin 23, Eagle Point Plat, Section 11, Township 59 North, Range 25 West, containing 0.31 new text end 78.25 new text begin acres, more or less. new text end 78.26 new text begin (d) The land borders Eagle Lake and is not contiguous to other state lands. The new text end 78.27 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 78.28 new text begin resource purposes. new text end 78.29    Sec. 18. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 78.30 new text begin WATER; KITTSON COUNTY. new text end 78.31 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 78.32 new text begin Kittson County may sell the tax-forfeited land bordering public water that is described in new text end 78.33 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 79.1 new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 79.2 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 79.3 new text begin (c) The land to be sold is located in Kittson County and is described as: that certain new text end 79.4 new text begin parcel situate in the Southwest Quarter of Section 10; Township 163 North, Range 48 new text end 79.5 new text begin West, described as follows: beginning at the southeast corner of said Southwest Quarter new text end 79.6 new text begin of said Section 10; thence West along the south boundary line of said Southwest Quarter new text end 79.7 new text begin a distance of 1,900 feet; thence North and parallel to the east boundary line of said new text end 79.8 new text begin Southwest Quarter a distance of 1,050 feet; thence East and parallel to the south boundary new text end 79.9 new text begin line of said Southwest Quarter a distance of 750 feet; thence southeasterly in a straight new text end 79.10 new text begin line to the point of beginning. new text end 79.11 new text begin (d) The county has determined that the county's land management interests would be new text end 79.12 new text begin best served if the lands were returned to private ownership. new text end 79.13    Sec. 19. new text begin PRIVATE SALE OF SURPLUS STATE LAND; MURRAY COUNTY. new text end 79.14 new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 79.15 new text begin of natural resources may sell by private sale to the township of Murray the surplus land new text end 79.16 new text begin that is described in paragraph (c). new text end 79.17 new text begin (b) The conveyance must be in a form approved by the attorney general and may be new text end 79.18 new text begin for consideration less than the appraised value of the land. The attorney general may make new text end 79.19 new text begin necessary changes to the legal description to correct errors and ensure accuracy. new text end 79.20 new text begin (c) The land to be sold is located in Murray County and is described as: that part of new text end 79.21 new text begin Government Lot 6, that part of Government Lot 7, and that part of Government Lot 8 of new text end 79.22 new text begin Section 6, Township 107 North, Range 40 West, and that part of Government Lot 1 and new text end 79.23 new text begin that part of Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray new text end 79.24 new text begin County, Minnesota, described as follows: Commencing at the east quarter corner of said new text end 79.25 new text begin Section 6; thence on a bearing based on the 1983 Murray County Coordinate System (1996 new text end 79.26 new text begin Adjustment), of South 00 degrees 17 minutes 23 seconds East 1247.75 feet along the east new text end 79.27 new text begin line of said Section 6; thence South 88 degrees 39 minutes 00 seconds West 1942.74 feet; new text end 79.28 new text begin thence South 03 degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of new text end 79.29 new text begin Block 5 of FORMAN ACRES, according to the recorded plat thereof on file and of record new text end 79.30 new text begin in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00 seconds new text end 79.31 new text begin West 525.30 feet along the easterly line of said Block 5 and along the easterly line of the new text end 79.32 new text begin private roadway of FORMAN ACRES to the southeasterly corner of said private roadway new text end 79.33 new text begin and the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West new text end 79.34 new text begin 796.30 feet along the southerly line of said private roadway to an angle point on said line new text end 79.35 new text begin and an existing 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds new text end 80.1 new text begin West 100.06 feet along the southerly line of said private roadway to an angle point on said new text end 80.2 new text begin line and an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds new text end 80.3 new text begin West 279.60 feet along the southerly line of said private roadway to an angle point on said new text end 80.4 new text begin line; thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly new text end 80.5 new text begin line of said private roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN new text end 80.6 new text begin DNR LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West new text end 80.7 new text begin 470.40 feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 new text end 80.8 new text begin feet to a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to new text end 80.9 new text begin a DNR MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east new text end 80.10 new text begin line of Lot A of Lot 1 of LOT A OF GOVERNMENT LOT 8, OF SECTION 6 AND LOT new text end 80.11 new text begin A OF GOVERNMENT LOT 1, OF SECTION 7, TOWNSHIP 107, RANGE 40, according new text end 80.12 new text begin to the recorded plat thereof on file and of record in the Murray County Recorder's Office new text end 80.13 new text begin and a DNR MON; thence South 14 degrees 28 minutes 55 seconds West 71.98 feet along new text end 80.14 new text begin the east line of said Lot A to the northerly most corner of Lot 36 of HUDSON ACRES, new text end 80.15 new text begin according to the record plat thereof on file and of record in the Murray County Recorder's new text end 80.16 new text begin Office and an existing steel fence post; thence South 51 degrees 37 minutes 05 seconds new text end 80.17 new text begin East 418.97 feet along the northeasterly line of said Lot 36 and along the northeasterly line new text end 80.18 new text begin of Lots 35, 34, 33, 32 of HUDSON ACRES to an existing 1-inch inside diameter iron new text end 80.19 new text begin pipe marking the easterly most corner of Lot 32 and the most northerly corner of Lot 31A new text end 80.20 new text begin of HUDSON ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26 feet new text end 80.21 new text begin along the northeasterly line of said Lot 31A to an existing 1 1/2-inch inside diameter iron new text end 80.22 new text begin pipe marking the easterly most corner thereof and the most northerly corner of Lot 31 of new text end 80.23 new text begin HUDSON ACRES; thence South 33 degrees 53 minute 30 seconds East 224.96 feet along new text end 80.24 new text begin the northeasterly line of said Lot 31 and along the northeasterly line of Lots 30 and 29 of new text end 80.25 new text begin HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly new text end 80.26 new text begin most corner of said Lot 29 and the most northerly corner of Lot 28 of HUDSON ACRES; new text end 80.27 new text begin thence South 45 degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly new text end 80.28 new text begin line of said Lot 28 and along the northeasterly line of Lots 27, 26, 25, 24 of HUDSON new text end 80.29 new text begin ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most new text end 80.30 new text begin corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON ACRES; new text end 80.31 new text begin thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the northeasterly new text end 80.32 new text begin line of said Lot 23 and along the northeasterly line of Lots 22 and 21 of HUDSON ACRES new text end 80.33 new text begin to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said new text end 80.34 new text begin Lot 21 and the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39 new text end 80.35 new text begin degrees 49 minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20 new text end 80.36 new text begin and along the northeasterly line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to new text end 81.1 new text begin an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said new text end 81.2 new text begin Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55 new text end 81.3 new text begin degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly line of said Lot 13 new text end 81.4 new text begin and along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing 1 new text end 81.5 new text begin 1/2-inch inside diameter iron pipe marking the easterly most corner of said Lot 11 and the new text end 81.6 new text begin northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees 03 minutes new text end 81.7 new text begin 49 seconds East 224.90 feet along the north line of said Lot 10 and along the north line new text end 81.8 new text begin of Lots 9 and 8 of HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe new text end 81.9 new text begin marking the northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON new text end 81.10 new text begin ACRES; thence North 84 degrees 07 minutes 37 seconds East 525.01 feet along the north new text end 81.11 new text begin line of said Lot 7 and along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to new text end 81.12 new text begin an existing 1 1/2-inch inside diameter iron pipe marking the northeast corner of said Lot 1 new text end 81.13 new text begin of HUDSON ACRES; thence southeasterly, easterly, and northerly along a nontangential new text end 81.14 new text begin curve concave to the North having a radius of 50.00 feet, central angle 138 degrees 42 new text end 81.15 new text begin minutes 00 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 new text end 81.16 new text begin seconds East; thence continuing northwesterly and westerly along the previously described new text end 81.17 new text begin curve concave to the South having a radius of 50.00 feet, central angle 138 degrees 42 new text end 81.18 new text begin minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 new text end 81.19 new text begin seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not new text end 81.20 new text begin tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 new text end 81.21 new text begin seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds new text end 81.22 new text begin West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West new text end 81.23 new text begin 530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 new text end 81.24 new text begin feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet new text end 81.25 new text begin to a DNR MON; thence North 33 degrees 53 minutes 30 seconds West 226.66 feet to a new text end 81.26 new text begin DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR new text end 81.27 new text begin MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; new text end 81.28 new text begin thence North 24 degrees 09 minutes 57 seconds East 257.86 feet to a DNR MON; thence new text end 81.29 new text begin North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North new text end 81.30 new text begin 76 degrees 04 minutes 52 seconds East 715.53 feet to a DNR MON; thence North 33 new text end 81.31 new text begin degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees new text end 81.32 new text begin 28 minutes 26 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 new text end 81.33 new text begin minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes new text end 81.34 new text begin 07 seconds East 26.00 feet to the point of beginning; containing 7.55 acres. new text end 82.1 new text begin (d) The Department of Natural Resources has determined that the state's land new text end 82.2 new text begin management interests would best be served if the lands were conveyed to the township new text end 82.3 new text begin of Murray. new text end 82.4    Sec. 20. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 82.5 new text begin WATER; RED LAKE COUNTY. new text end 82.6 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 82.7 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, Red Lake County may new text end 82.8 new text begin convey to the city of Red Lake Falls for no consideration the tax-forfeited land bordering new text end 82.9 new text begin public water that is described in paragraph (c). new text end 82.10 new text begin (b) The conveyance must be in a form approved by the attorney general and provide new text end 82.11 new text begin that the land reverts to the state if the city of Red Lake Falls fails to provide for the public new text end 82.12 new text begin use described in paragraph (d) or abandons the public use of the land. The attorney general new text end 82.13 new text begin may make necessary changes to the legal description to correct errors and ensure accuracy. new text end 82.14 new text begin (c) The land that may be conveyed is located in Red Lake County and is described as new text end 82.15 new text begin follows: all that part of Block 5 which lies North of Block 6 and West of a line which new text end 82.16 new text begin is a projection northerly of the west line of Lot 11 of said Block 6, all in Mill Reserve new text end 82.17 new text begin Addition, containing approximately 500 feet frontage on the Clearwater River. new text end 82.18 new text begin (d) The city will use the land to establish a public park. new text end 82.19    Sec. 21. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 82.20 new text begin WATER; ST. LOUIS COUNTY. new text end 82.21 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 82.22 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 82.23 new text begin in paragraph (c). new text end 82.24 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 82.25 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 82.26 new text begin and ensure accuracy. new text end 82.27 new text begin (c) The land that may be sold is located in St. Louis County and is described as: new text end 82.28 new text begin Government Lot 4, Section 36, Township 58 North, Range 16 West, St. Louis County, new text end 82.29 new text begin Minnesota, EXCEPTING therefrom that part platted as SILVER LAKE SHORES new text end 82.30 new text begin according to the plat on file and of record in the Office of the Recorder for St. Louis new text end 82.31 new text begin County, Minnesota, containing 7.88 acres, more or less. new text end 82.32 new text begin (d) The land borders Silver Lake and is not contiguous to other state lands. The new text end 82.33 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 82.34 new text begin resource purposes. new text end 83.1    Sec. 22. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 83.2 new text begin WATER; ST. LOUIS COUNTY. new text end 83.3 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 83.4 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 83.5 new text begin in paragraph (c). new text end 83.6 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 83.7 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 83.8 new text begin and ensure accuracy. The commissioner may not sell any part of the land described in new text end 83.9 new text begin paragraph (c) that is being used for airport purposes by the city of Eveleth or is proposed new text end 83.10 new text begin to be used for airport purposes by the city of Eveleth. new text end 83.11 new text begin (c) The land that may be sold is located in St. Louis County and is described as: new text end 83.12 new text begin the Northeast Quarter of the Northwest Quarter, Section 16, Township 57 North, Range new text end 83.13 new text begin 17 West, St. Louis County, Minnesota, except that part of the North 10 feet thereof lying new text end 83.14 new text begin East of St. Mary's Lake and also except that part lying East of County State-Aid Highway new text end 83.15 new text begin 132, containing 26.5 acres, more or less. new text end 83.16 new text begin (d) The land borders St. Mary's Lake and is not contiguous to other state lands. The new text end 83.17 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 83.18 new text begin resource purposes. new text end 83.19    Sec. 23. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 83.20 new text begin WATER; ST. LOUIS COUNTY. new text end 83.21 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 83.22 new text begin St. Louis County may sell the tax-forfeited land bordering public water that is described new text end 83.23 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 83.24 new text begin (b) The conveyances must be in a form approved by the attorney general. The new text end 83.25 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 83.26 new text begin accuracy. The conveyances must include any easements or deed restrictions specified in new text end 83.27 new text begin paragraph (c). new text end 83.28 new text begin (c) The lands to be sold are located in St. Louis County and are described as: new text end 83.29 new text begin (1) the East Half of the East Half of the Southwest Quarter of the Southwest Quarter, new text end 83.30 new text begin Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, new text end 83.31 new text begin for no consideration, an easement to the state that is 75 feet in width on each side of the new text end 83.32 new text begin centerline of East Branch Chester Creek, to provide riparian protection and angler access; new text end 83.33 new text begin (2) the East Half of the East Half of the Southeast Quarter of the Southwest Quarter, new text end 83.34 new text begin Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, new text end 84.1 new text begin for no consideration, an easement to the state that is 75 feet in width on each side of the new text end 84.2 new text begin centerline of East Branch Chester Creek, to provide riparian protection and angler access; new text end 84.3 new text begin (3) the West Half of the East Half of the Southeast Quarter of the Southwest Quarter, new text end 84.4 new text begin Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, new text end 84.5 new text begin for no consideration, an easement to the state that is 75 feet in width on each side of the new text end 84.6 new text begin centerline of East Branch Chester Creek, to provide riparian protection and angler access; new text end 84.7 new text begin (4) the West Half of the East Half of the Northwest Quarter of the Southwest Quarter new text end 84.8 new text begin and the West Half of the East Half of the Southwest Quarter of the Southwest Quarter, new text end 84.9 new text begin Section 4, Township 51 North, Range 17 West; new text end 84.10 new text begin (5) all that part or strip lying North of the Savanna River, about 3 to 4 acres of the new text end 84.11 new text begin Southeast Quarter of the Northeast Quarter, Section 7, Township 51 North, Range 20 West; new text end 84.12 new text begin (6) Government Lot 1, Section 18, Township 53 North, Range 18 West; new text end 84.13 new text begin (7) the Southwest Quarter of the Southeast Quarter, Section 34, Township 53 North, new text end 84.14 new text begin Range 19 West; new text end 84.15 new text begin (8) Lot 2, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54 new text end 84.16 new text begin North, Range 16 West; new text end 84.17 new text begin (9) Lot 4, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54 new text end 84.18 new text begin North, Range 16 West; new text end 84.19 new text begin (10) Lots 1, 2, 3, and 4, 1st Addition to Strand Lake, Section 20, Township 54 new text end 84.20 new text begin North, Range 16 West; new text end 84.21 new text begin (11) the Southeast Quarter of the Southwest Quarter, Section 1, Township 55 North, new text end 84.22 new text begin Range 20 East. Conveyance of this land must provide, for no consideration, an easement new text end 84.23 new text begin to the state that is 75 feet in width on each side of the centerline of East Swan River, to new text end 84.24 new text begin provide riparian protection and angler access; new text end 84.25 new text begin (12) that part of the Northeast Quarter of the Northwest Quarter beginning at the new text end 84.26 new text begin intersection of the east line of Highway 4 with the north line of the Northeast Quarter of new text end 84.27 new text begin the Northwest Quarter; thence South 500 feet; thence East 350 feet; thence North 500 feet; new text end 84.28 new text begin thence West 350 feet to the point of beginning, Section 19, Township 57 North, Range new text end 84.29 new text begin 15 West. Conveyance of this land must provide, for no consideration, an easement to the new text end 84.30 new text begin state that is 75 feet in width on each side of the centerline of the unnamed stream, to new text end 84.31 new text begin provide riparian protection and angler access. Where there is less than 75 feet from the new text end 84.32 new text begin centerline of the stream channel to the north property line, the easement shall be granted to new text end 84.33 new text begin the north property line; new text end 84.34 new text begin (13) the West Half of Lot 1, Section 22, Township 58 North, Range 16 West. new text end 84.35 new text begin Conveyance of this land must provide, for no consideration, a 33-foot road easement to the new text end 84.36 new text begin state for access to Black Lake. The conveyance must include a deed restriction prohibiting new text end 85.1 new text begin buildings, structures, tree cutting, removal of vegetation, and shoreland alterations across new text end 85.2 new text begin a 75-foot strip from the ordinary high water mark, except a 15-foot strip is allowed for new text end 85.3 new text begin lake access and a dock; and new text end 85.4 new text begin (14) the South Half of the Northwest Quarter of the Northwest Quarter, except the new text end 85.5 new text begin North Half of the Southwest Quarter, Section 32, Township 62 North, Range 18 West. new text end 85.6 new text begin Conveyance of this land must provide, for no consideration, an easement to the state new text end 85.7 new text begin that is 105 feet in width on each side of the centerline of Rice River, to provide riparian new text end 85.8 new text begin protection and angler access. new text end 85.9 new text begin (d) The county has determined that the county's land management interests would new text end 85.10 new text begin best be served if the lands were returned to private ownership. new text end 85.11    Sec. 24. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC new text end 85.12 new text begin WATER; ST. LOUIS COUNTY. new text end 85.13 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision new text end 85.14 new text begin 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County new text end 85.15 new text begin may sell by private sale the tax-forfeited land bordering public water that is described in new text end 85.16 new text begin paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 85.17 new text begin (b) The conveyances must be in a form approved by the attorney general. The new text end 85.18 new text begin attorney general may make changes to the land description to correct errors and ensure new text end 85.19 new text begin accuracy. The conveyances must include any easements or deed restrictions specified in new text end 85.20 new text begin paragraph (c). new text end 85.21 new text begin (c) The lands to be sold are located in St. Louis County and are described as: new text end 85.22 new text begin (1) an undivided 1369/68040 interest, Lot 8, Section 16, Township 50 North, Range new text end 85.23 new text begin 17 West; new text end 85.24 new text begin (2) an undivided 1470/10080 interest, Lot 5, Section 17, Township 50 North, Range new text end 85.25 new text begin 17 West; new text end 85.26 new text begin (3) an undivided 23/288 interest, Northeast Quarter of the Northeast Quarter, Section new text end 85.27 new text begin 21, Township 50 North, Range 17 West; new text end 85.28 new text begin (4) an undivided 23/288 interest, Northwest Quarter of the Northeast Quarter, new text end 85.29 new text begin Section 21, Township 50 North, Range 17 West; new text end 85.30 new text begin (5) the easterly 200 feet of the Northwest Quarter of the Southeast Quarter lying new text end 85.31 new text begin South of the river, Section 21, Township 58 North, Range 15 West. The conveyance new text end 85.32 new text begin must include a deed restriction that limits removal of live trees, shrubs, and green plants new text end 85.33 new text begin to 25 percent of the parcel; and new text end 85.34 new text begin (6) that part of Lot 7 beginning at a point 530 feet East of the southwest corner; new text end 85.35 new text begin thence North 30 degrees East 208 feet; thence North 55 degrees East 198 feet; thence 10 new text end 86.1 new text begin feet more or less on the same line to the waters edge; thence South along the waters new text end 86.2 new text begin edge to the south boundary line of Lot 7; thence 10 feet West; thence West on the same new text end 86.3 new text begin line 198 feet to the point of beginning, Section 5, Township 62 North, Range 16 West. new text end 86.4 new text begin The conveyance must include a deed restriction prohibiting buildings, structures, tree new text end 86.5 new text begin cutting, removal of vegetation, and shoreland alterations across a 75-foot strip from the new text end 86.6 new text begin ordinary high water mark. new text end 86.7 new text begin (d) The county has determined that the county's land management interests would new text end 86.8 new text begin best be served if the lands were returned to private ownership. new text end 86.9    Sec. 25. new text begin PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND new text end 86.10 new text begin BORDERING PUBLIC WATER; ST. LOUIS COUNTY. new text end 86.11 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, new text end 86.12 new text begin and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may new text end 86.13 new text begin sell by public or private sale the tax-forfeited land bordering public water that is described new text end 86.14 new text begin in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282. new text end 86.15 new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney new text end 86.16 new text begin general may make changes to the land description to correct errors and ensure accuracy. new text end 86.17 new text begin (c) The land to be sold is located in St. Louis County and is described as: Lot 5, new text end 86.18 new text begin Block 1, Williams Lakeview, town of Great Scott, Section 34, Township 60 North, Range new text end 86.19 new text begin 19 West. new text end 86.20 new text begin (d) The county has determined that the county's land management interests would new text end 86.21 new text begin best be served if the lands were returned to private ownership. new text end 86.22    Sec. 26. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC new text end 86.23 new text begin WATER; SHERBURNE COUNTY. new text end 86.24 new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural new text end 86.25 new text begin resources may sell by public sale the surplus land bordering public water that is described new text end 86.26 new text begin in paragraph (c). new text end 86.27 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 86.28 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 86.29 new text begin and ensure accuracy. new text end 86.30 new text begin (c) The land that may be sold is located in Sherburne County and is described as: the new text end 86.31 new text begin Northeast Quarter of the Southwest Quarter, Section 16, Township 33 North, Range 27 new text end 86.32 new text begin West, containing 40 acres, more or less. new text end 87.1 new text begin (d) The land borders Elk River and is not contiguous to other state lands. The new text end 87.2 new text begin Department of Natural Resources has determined that the land is not needed for natural new text end 87.3 new text begin resource purposes. new text end 87.4    Sec. 27. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; new text end 87.5 new text begin TODD COUNTY. new text end 87.6 new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the new text end 87.7 new text begin commissioner of natural resources may sell by private sale the surplus land that is new text end 87.8 new text begin described in paragraph (c). Notwithstanding Minnesota Statutes, section 97A.135, new text end 87.9 new text begin subdivision 2a, the surplus land described in paragraph (c) is vacated from the Grey new text end 87.10 new text begin Eagle Wildlife Management Area upon sale. new text end 87.11 new text begin (b) The conveyance must be in a form approved by the attorney general. The new text end 87.12 new text begin attorney general may make necessary changes to the legal description to correct errors new text end 87.13 new text begin and ensure accuracy. new text end 87.14 new text begin (c) The land that may be sold is located in Todd County and is described as: the new text end 87.15 new text begin East 50.00 feet of the South 165.00 feet of Government Lot 3, Section 16, Township 127 new text end 87.16 new text begin North, Range 33 West, Todd County, Minnesota, containing 0.19 acres, more or less. new text end 87.17 new text begin (d) The sale would resolve an unintentional trespass by the adjacent owner. While new text end 87.18 new text begin Lot 3 of Section 16, Township 127 North, Range 33 West, borders Bunker Lake, the new text end 87.19 new text begin portion of Lot 3 to be sold does not border public waters. The Department of Natural new text end 87.20 new text begin Resources has determined that the land is not needed for natural resource purposes. new text end 87.21    Sec. 28. new text begin PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON new text end 87.22 new text begin COUNTY. new text end 87.23 new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner new text end 87.24 new text begin of natural resources may sell by private sale the surplus land that is described in paragraph new text end 87.25 new text begin (c). new text end 87.26 new text begin (b) The conveyance must be in a form approved by the attorney general and may be new text end 87.27 new text begin for consideration less than the appraised value of the land. The attorney general may make new text end 87.28 new text begin necessary changes to the legal description to correct errors and ensure accuracy. new text end 87.29 new text begin (c) The land to be sold is located in Washington County and is described as: new text end 87.30 new text begin (1) that part of the Southwest Quarter of the Southeast Quarter of Section 3, new text end 87.31 new text begin Township 27, Range 20, Washington County, Minnesota that lies South of the North 800 new text end 87.32 new text begin feet thereof and North of the following described line: Commencing at a point 800 feet new text end 87.33 new text begin South of the northwest corner of said Southwest Quarter of the Southeast Quarter; thence new text end 87.34 new text begin 154 feet East; thence 228 feet East; thence South 430 feet; thence East 930.58 feet; thence new text end 88.1 new text begin North 430 feet, to the point of beginning of the line to be described; thence West to the new text end 88.2 new text begin point of commencement and said line there terminating; and new text end 88.3 new text begin (2) that part of the North 208 feet of the South 866 feet of the East 208 feet of new text end 88.4 new text begin the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 20, new text end 88.5 new text begin Washington County, Minnesota that lies northwesterly of the following described line: new text end 88.6 new text begin Commencing at the northwest corner of the Southeast Quarter of the Southeast Quarter of new text end 88.7 new text begin said Section 3; thence South along the west line of said Southeast Quarter of the Southeast new text end 88.8 new text begin Quarter, a distance of 900 feet; thence easterly, at a right angle, a distance of 660 feet, to new text end 88.9 new text begin the point of beginning of the line to be described; thence northeasterly to a point on the new text end 88.10 new text begin east line of said Southeast Quarter of the Southeast Quarter distant 275 feet South of the new text end 88.11 new text begin northeast corner thereof, and said line there terminating. new text end 88.12 new text begin (d) The Department of Natural Resources has determined that the state's land new text end 88.13 new text begin management interests would best be served if the land were conveyed to the adjacent new text end 88.14 new text begin landowner. new text end 88.15    Sec. 29. new text begin EFFECTIVE DATE. new text end 88.16 new text begin Sections 1 to 28 are effective the day following final enactment. new text end 88.17ARTICLE 5 88.18FOREST MANAGEMENT 88.19    Section 1. new text begin APPRAISED VALUE TIMBER SALES; FISCAL YEARS 2010 AND new text end 88.20 new text begin 2011. new text end 88.21 new text begin (a) During fiscal years 2010 and 2011, the commissioner of natural resources shall new text end 88.22 new text begin increase the amount of timber products sold from state lands under permits based solely new text end 88.23 new text begin on the appraiser's estimate of the timber volume described in the permit, as provided in new text end 88.24 new text begin Minnesota Statutes, section 90.14, paragraph (c). new text end 88.25 new text begin (b) The commissioner shall evaluate sales of timber under paragraph (a) and other new text end 88.26 new text begin methods used to sell cut forest products from state lands to identify the method, or new text end 88.27 new text begin combination of methods, that is most efficient and effective in protecting the fiduciary new text end 88.28 new text begin interest of the state, including the permanent school fund. new text end 88.29 new text begin (c) By January 15, 2011, the commissioner shall report to the house and senate new text end 88.30 new text begin natural resources policy and finance committees and divisions on the findings of the new text end 88.31 new text begin evaluation process completed under paragraph (b). new text end 88.32    Sec. 2. new text begin FOREST MANAGEMENT LEASE-PILOT PROJECT. new text end 89.1 new text begin (a) Notwithstanding the permit procedures of Minnesota Statutes, chapter 90, the new text end 89.2 new text begin commissioner of natural resources may lease up to 10,000 acres of state-owned forest new text end 89.3 new text begin lands for forest management purposes for a term not to exceed 21 years. No person or new text end 89.4 new text begin entity may lease more than 2,000 acres. The lease shall provide: new text end 89.5 new text begin (1) that the lessee must comply with timber harvesting and forest management new text end 89.6 new text begin guidelines developed under Minnesota Statutes, section 89A.05, and landscape-level plans new text end 89.7 new text begin under Minnesota Statutes, section 89A.06, that have been adopted by the Minnesota Forest new text end 89.8 new text begin Resources Council, and in effect at the time of any management activity; and new text end 89.9 new text begin (2) for public access to the leased land that is the same as would be available under new text end 89.10 new text begin state management. new text end 89.11 new text begin (b) For the purposes of this section, the term "state-owned forest lands" may include new text end 89.12 new text begin school trust lands as defined in Minnesota Statutes, section 92.025, or university land new text end 89.13 new text begin granted to the state by Acts of Congress. new text end 89.14 new text begin (c) By December 15, 2009, the commissioner of natural resources shall provide new text end 89.15 new text begin a report to the house and senate natural resources policy and finance committees and new text end 89.16 new text begin divisions on the pilot project. The report will detail a plan for the implementation of the new text end 89.17 new text begin pilot project with a starting date that is no later than July 1, 2010. new text end 89.18 new text begin (d) Upon implementation of the pilot project, the commissioner shall provide an new text end 89.19 new text begin annual report to the house and senate natural resources policy and finance committees and new text end 89.20 new text begin divisions on the progress of the project, including the acres leased, a breakdown of the new text end 89.21 new text begin types of forest land, and amounts harvested by species. The report shall include a net new text end 89.22 new text begin revenue analysis comparing the lease revenue with the estimated net revenue that would new text end 89.23 new text begin be obtained through state management and silvicultural practices cost savings the state new text end 89.24 new text begin realizes through leasing. new text end 89.25 new text begin (e) Nothing in this section supersedes the duties of the commissioner of natural new text end 89.26 new text begin resources to properly manage forest lands under the authority of the commissioner, as new text end 89.27 new text begin defined in Minnesota Statutes, section 89.001, subdivision 13. new text end