1.1A bill for an act1.2relating 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 12.17NATURAL RESOURCE POLICY2.18    Section 1. Minnesota Statutes 2008, section 84.02, is amended to read:2.1984.02 DEFINITIONS NATIVE PRAIRIE AND GRASSLAND RESTORATION 2.20RESTRICTIONS; STATE MONEY.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.

2.32Ecotype RegionCounties or portions thereof:2.332.342.35Rochester Plateau, Blufflands, and Oak SavannaHouston, Winona, Fillmore, Wabasha, Goodhue, Mower, Freeborn, Steele, Olmsted, Rice, Waseca, Dakota, Dodge2.362.372.38Anoka Sand Plain, Big Woods, and St. Paul Baldwin Plains and MorainesAnoka, Hennepin, Ramsey, Washington, Chisago, Scott, Carver, McLeod, Wright, Benton, Isanti, Le Sueur, Sherburne2.392.40Inner Coteau and Coteau MorainesLincoln, Lyon, Pipestone, Rock, Murray, Nobles, Jackson, Cottonwood2.41Red River Prairie (South)Traverse, Wilkin, Clay, Becker3.13.23.3Red River Prairie (North) and Aspen ParklandsKittson, Roseau, Red Lake, Pennington, Marshall, Clearwater, Mahnomen, Polk, Norman3.43.53.6Minnesota River Prairie (North)Big Stone, Pope, Stevens, Grant, Swift, Chippewa, Meeker, Kandiyohi, Renville, Lac qui Parle, Yellow Medicine3.73.8Minnesota River Prairie (South)Nicollet, Redwood, Brown, Watonwan, Martin, Faribault, Blue Earth, Sibley3.93.10Hardwood HillsDouglas, 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    Subd. 9.Restorations with state money.To the extent possible, a person 3.30conducting native prairie or grassland restoration with state money must plant vegetation 3.31or sow seed only of ecotypes native to Minnesota, and preferably of the local ecotype, 3.32using a high diversity of species originating from as close to the restoration site as 3.33possible, and protect existing native prairies from genetic contamination.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, to open or close bodies of water or portions of bodies of water for night bow 4.5fishing, 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; and4.8(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. The 4.16emergency conditions for opening a water body or portion of a water body for night bow 4.17fishing under this section may include the need to temporarily open the area to evaluate 4.18compatibility of the activity on that body of water prior to permanent rulemaking. 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; and4.26(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 August 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 8a5.178b; 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. [84.774] OFF-HIGHWAY VEHICLE CRIMINAL PENALTIES.5.22    (a) Except as provided in paragraph (b), a person who violates a provision of 5.23sections 84.773; 84.777; 84.788 to 84.795; 84.798 to 84.804; 84.90; or 84.922 to 84.928 or 5.24rules of the commissioner relating to off-highway vehicle use is guilty of a misdemeanor.5.25    (b) A person is guilty of a gross misdemeanor if the person violates section 84.773, 5.26subdivision 2, clause (2), and the person recklessly upsets the natural and ecological 5.27balance of a wetland or public waters wetland.5.28    (c) A person is prohibited from operating an off-highway vehicle for a period of 5.29one year if the person is:5.30(1) convicted of a gross misdemeanor under paragraph (b);5.31    (2) convicted of or subject to a final order under section 84.775 for a violation of 5.32the prohibition on the intentional operation on unfrozen public water, in a state park, in 6.1a scientific and natural area, or in a wildlife management area under section 84.773, 6.2subdivision 1, clause (3);6.3    (3) convicted of or is subject to a final order under section 84.775 for a violation of 6.4the prohibition on the willful, wanton, or reckless disregard for the safety of persons or 6.5property under section 84.773, subdivision 2, clause (1); or6.6(4) convicted of or subject to a final order under section 84.775 for a violation of 6.7the prohibition on carelessly upsetting the natural and ecological balance of a wetland or 6.8public waters wetland under section 84.773, subdivision 2, clause (2).6.9The commissioner shall notify the person of the time period during which the person 6.10is prohibited from operating an off-highway vehicle.6.11EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes 6.12committed on or after that date.6.13    Sec. 6. [84.7741] OFF-HIGHWAY VEHICLE FORFEITURE.6.14    Subdivision 1.Definitions.(a) As used in this section, the following terms have 6.15the meanings given them.6.16    (b) "Appropriate agency" means a law enforcement agency that has the authority 6.17to make an arrest for a violation of a designated offense.6.18    (c) "Claimant" means an owner of an off-highway vehicle or a person claiming a 6.19leasehold or security interest in an off-highway vehicle.6.20    (d) "Designated offense" means a second gross misdemeanor violation under section 6.2184.774, paragraph (b).6.22    (e) "Family or household member" means:6.23    (1) a parent, stepparent, or guardian;6.24    (2) any of the following persons related by blood, marriage, or adoption: brother, 6.25sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 6.26great-grandparent, great-uncle, or great-aunt; or6.27    (3) persons residing together or persons who regularly associate and communicate 6.28with one another outside of a workplace setting.6.29    (f) "Off-highway vehicle" and "vehicle" do not include an off-highway vehicle that 6.30is stolen or taken in violation of the law.6.31    (g) "Owner" means a person legally entitled to possession, use, and control of an 6.32off-highway vehicle, including a lessee of an off-highway vehicle if the lease agreement 6.33has a term of 180 days or more. There is a rebuttable presumption that a person registered 6.34as the owner of an off-highway vehicle according to the records of the Department of 6.35Public Safety or the Department of Natural Resources is the legal owner. For purposes 7.1of this section, if an off-highway vehicle is owned jointly by two or more people, each 7.2owner's interest extends to the whole of the vehicle and is not subject to apportionment.7.3    (h) "Prosecuting authority" means the attorney in the jurisdiction in which the 7.4designated offense occurred, or a designee, who is responsible for prosecuting violations of 7.5a designated offense. If a state agency initiated the forfeiture and the attorney responsible 7.6for prosecuting the designated offense declines to pursue forfeiture, the attorney general's 7.7office, or its designee, may initiate forfeiture under this section.7.8    (i) "Security interest" means a bona fide security interest perfected according to 7.9section 168A.17, subdivision 2, based on a loan or other financing that, if an off-highway 7.10vehicle is required to be registered under chapter 168, is listed on the vehicle's title.7.11    Subd. 2.Seizure.(a) An off-highway vehicle subject to forfeiture under this 7.12section may be seized by the appropriate agency upon process issued by any court having 7.13jurisdiction over the vehicle.7.14    (b) Property may be seized without process if:7.15    (1) the seizure is incident to a lawful arrest or a lawful search;7.16    (2) the vehicle subject to seizure has been the subject of a prior judgment in favor of 7.17the state in a criminal injunction or forfeiture proceeding under this section; or7.18    (3) the appropriate agency has probable cause to believe that the delay occasioned by 7.19the necessity to obtain process would result in the removal or destruction of the vehicle. 7.20If property is seized without process under this clause, the prosecuting authority must 7.21institute a forfeiture action under this section as soon as is reasonably possible by serving 7.22a notice of seizure and intent to forfeit at the address of the owner as listed in the records 7.23of the Department of Public Safety or Department of Natural Resources.7.24    Subd. 3.Right to possession vests immediately; custody.All right, title, and 7.25interest in an off-highway vehicle subject to forfeiture under this section vests in the 7.26appropriate agency upon commission of the conduct resulting in the designated offense 7.27giving rise to the forfeiture. Any vehicle seized under this section is not subject to 7.28replevin, but is deemed to be in the custody of the appropriate agency subject to the orders 7.29and decrees of the court having jurisdiction over the forfeiture proceedings. When an 7.30off-highway vehicle is seized under this section, the appropriate agency may:7.31    (1) place the vehicle under seal;7.32    (2) remove the vehicle to a place designated by the agency;7.33    (3) place a disabling device on the vehicle; and7.34    (4) take other steps reasonable and necessary to secure the vehicle and prevent waste.7.35    Subd. 4.Bond by owner for possession.If the owner of an off-highway vehicle 7.36that has been seized under this section seeks possession of the vehicle before the forfeiture 8.1action is determined, the owner may, subject to the approval of the appropriate agency, 8.2give security or post bond payable to the appropriate agency in an amount equal to the 8.3retail value of the seized vehicle. On posting the security or bond, the seized vehicle may 8.4be returned to the owner. The forfeiture action must proceed against the security as if it 8.5were the seized vehicle.8.6    Subd. 5.Evidence.Certified copies of court records and off-highway vehicle and 8.7driver's records concerning prior incidents are admissible as substantive evidence where 8.8necessary to prove the commission of a designated offense.8.9    Subd. 6.Vehicle subject to forfeiture.An off-highway vehicle is subject to 8.10forfeiture under this section if it was used in the commission of a designated offense.8.11    Subd. 7.Presumptions; limitations on vehicle forfeiture.(a) An off-highway 8.12vehicle is presumed subject to forfeiture under this section if the driver:8.13    (1) is convicted of the designated offense upon which the forfeiture is based; or8.14    (2) fails to appear for a scheduled court appearance with respect to the designated 8.15offense charged and fails to voluntarily surrender within 48 hours after the time required 8.16for appearance.8.17    (b) An off-highway vehicle encumbered by a security interest perfected according 8.18to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or 8.19more, is subject to the interest of the secured party or lessor unless the party or lessor had 8.20knowledge of or consented to the act upon which the forfeiture is based. However, when 8.21the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan 8.22balance, the appropriate agency shall remit all proceeds of the sale to the secured party 8.23after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the 8.24vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner 8.25consistent with section 336.9-610, the agency is not liable to the secured party for any 8.26amount owed on the loan in excess of the sale proceeds. The validity and amount of a 8.27nonperfected security interest must be established by its holder by clear and convincing 8.28evidence.8.29    (c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an 8.30off-highway vehicle is not subject to forfeiture based solely on the secured party's or 8.31lessor's knowledge of the act or omission upon which the forfeiture is based if the secured 8.32party or lessor demonstrates by clear and convincing evidence that the party or lessor took 8.33reasonable steps to terminate use of the vehicle by the offender.8.34    (d) An off-highway vehicle is not subject to forfeiture under this section if its owner 8.35can demonstrate by clear and convincing evidence that the owner did not have actual 8.36or constructive knowledge that the vehicle would be used or operated in any manner 9.1contrary to law or that the owner took reasonable steps to prevent use of the vehicle by 9.2the offender. If the offender is a family or household member of the owner and has three 9.3or more prior off-highway vehicle convictions, the owner is presumed to know of any 9.4vehicle use by the offender that is contrary to law.9.5    Subd. 8.Administrative forfeiture procedure.(a) An off-highway vehicle used to 9.6commit a designated offense is subject to administrative forfeiture under this subdivision.9.7    (b) When an off-highway vehicle is seized under subdivision 2, or within a 9.8reasonable time after seizure, the appropriate agency shall serve the driver or operator 9.9of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, 9.10when an off-highway vehicle is seized under subdivision 2, or within a reasonable time 9.11after that, all persons known to have an ownership, possessory, or security interest in the 9.12vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those 9.13vehicles required to be registered under chapter 168, the notification to a person known to 9.14have a security interest in the vehicle is required only if the vehicle is registered under 9.15chapter 168 and the interest is listed on the vehicle's title. Notice mailed by certified mail 9.16to the address shown in Department of Public Safety records is sufficient notice to the 9.17registered owner of the vehicle. For off-highway vehicles not required to be registered 9.18under chapter 168, notice mailed by certified mail to the address shown in the applicable 9.19filing or registration for the vehicle is sufficient notice to a person known to have an 9.20ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given 9.21in the manner provided by law for service of a summons in a civil action.9.22    (c) The notice must be in writing and contain:9.23    (1) a description of the vehicle seized;9.24    (2) the date of the seizure; and9.25    (3) notice of the right to obtain judicial review of the forfeiture and of the procedure 9.26for obtaining that judicial review, printed in English, Hmong, and Spanish. Substantially, 9.27the following language must appear conspicuously: "IF YOU DO NOT DEMAND 9.28JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, 9.29SECTION 84.7741, SUBDIVISION 8, YOU LOSE THE RIGHT TO A JUDICIAL 9.30DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY RIGHT YOU 9.31MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT HAVE TO 9.32PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE 9.33TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR LESS, YOU MAY 9.34FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT HAVE TO PAY 9.35THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS WORTH LESS 9.36THAN $500."10.1    (d) Within 30 days following service of a notice of seizure and forfeiture under this 10.2subdivision, a claimant may file a demand for a judicial determination of the forfeiture. 10.3The demand must be in the form of a civil complaint and must be filed with the court 10.4administrator in the county in which the seizure occurred, together with proof of service of 10.5a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture 10.6and the standard filing fee for civil actions unless the petitioner has the right to sue in 10.7forma pauperis under section 563.01. If the value of the seized property is $7,500 or less, 10.8the claimant may file an action in conciliation court for recovery of the seized vehicle. A 10.9copy of the conciliation court statement of claim must be served personally or by mail on 10.10the prosecuting authority having jurisdiction over the forfeiture within 30 days following 10.11service of the notice of seizure and forfeiture under this subdivision. If the value of the 10.12seized property is less than $500, the claimant does not have to pay the conciliation court 10.13filing fee. No responsive pleading is required of the prosecuting authority and no court 10.14fees may be charged for the prosecuting authority's appearance in the matter. Pleadings, 10.15filings, and methods of service are governed by the Rules of Civil Procedure.10.16    (e) The complaint must be captioned in the name of the claimant as plaintiff and 10.17the seized vehicle as defendant and must state with specificity the grounds on which the 10.18claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle 10.19seized, and any affirmative defenses the claimant may have. Notwithstanding any law to 10.20the contrary, an action for the return of an off-highway vehicle seized under this section 10.21may not be maintained by or on behalf of any person who has been served with a notice of 10.22seizure and forfeiture unless the person has complied with this subdivision.10.23    (f) If the claimant makes a timely demand for a judicial determination under this 10.24subdivision, the forfeiture proceedings must be conducted according to subdivision 9.10.25    Subd. 9.Judicial forfeiture procedure.(a) This subdivision governs judicial 10.26determinations of the forfeiture of an off-highway vehicle used to commit a designated 10.27offense. An action for forfeiture is a civil in rem action and is independent of any criminal 10.28prosecution. All proceedings are governed by the Rules of Civil Procedure.10.29    (b) If no demand for judicial determination of the forfeiture is pending, the 10.30prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a 10.31separate complaint against the vehicle, describing it, specifying that it was used in the 10.32commission of a designated offense, and specifying the time and place of its unlawful use.10.33    (c) The prosecuting authority may file an answer to a properly served demand 10.34for judicial determination, including an affirmative counterclaim for forfeiture. The 10.35prosecuting authority is not required to file an answer.11.1    (d) A judicial determination under this subdivision must not precede adjudication in 11.2the criminal prosecution of the designated offense without the consent of the prosecuting 11.3authority. The district court administrator shall schedule the hearing as soon as practicable 11.4after adjudication in the criminal prosecution. The district court administrator shall 11.5establish procedures to ensure efficient compliance with this subdivision. The hearing is 11.6to the court without a jury.11.7    (e) There is a presumption that an off-highway vehicle seized under this section is 11.8subject to forfeiture if the prosecuting authority establishes that the vehicle was used in 11.9the commission of a designated offense. A claimant bears the burden of proving any 11.10affirmative defense raised.11.11    (f) If the forfeiture is based on the commission of a designated offense and the person 11.12charged with the designated offense appears in court as required and is not convicted of 11.13the offense, the court shall order the property returned to the person legally entitled to it 11.14upon that person's compliance with the redemption requirements of subdivision 12.11.15    (g) If the lawful ownership of the vehicle used in the commission of a designated 11.16offense can be determined and the owner makes the demonstration required under 11.17subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's 11.18compliance with the redemption requirements of subdivision 12.11.19    (h) If the court orders the return of a seized vehicle under this subdivision, it must 11.20order that filing fees be reimbursed to the person who filed the demand for judicial 11.21determination. In addition, the court may order sanctions under section 549.211. Any 11.22reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law 11.23enforcement agency and prosecuting authority involved and in the same proportion as 11.24distributed under subdivision 10, paragraph (b).11.25    Subd. 10.Disposition of forfeited vehicle.(a) If the vehicle is administratively 11.26forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is 11.27subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:11.28    (1) sell the vehicle and distribute the proceeds under paragraph (b); or11.29    (2) keep the vehicle for official use. If the agency keeps a forfeited off-highway 11.30vehicle for official use, the agency shall make reasonable efforts to ensure that the 11.31off-highway vehicle is available for use by the agency's officers who participate in 11.32off-highway vehicle enforcement or education programs.11.33    (b) The proceeds from the sale of forfeited vehicles, after payment of seizure, 11.34towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the 11.35property, must be distributed as follows:12.1    (1) 70 percent of the proceeds must be forwarded to the appropriate agency for 12.2deposit as a supplement to the state or local agency's operating fund or similar fund for use 12.3in purchasing equipment for off-highway vehicle enforcement, training, and education; and12.4    (2) 30 percent of the money or proceeds must be forwarded to the prosecuting 12.5authority that handled the forfeiture for deposit as a supplement to its operating fund or 12.6similar fund for prosecutorial purposes.12.7    Subd. 11.Sale of forfeited vehicle by secured party.(a) A financial institution 12.8with a valid security interest in or a valid lease covering a forfeited off-highway vehicle 12.9may choose to dispose of the vehicle under this subdivision, in lieu of the appropriate 12.10agency disposing of the vehicle under subdivision 10. A financial institution wishing to 12.11dispose of an off-highway vehicle under this subdivision shall notify the appropriate 12.12agency of its intent, in writing, within 30 days after receiving notice of the seizure and 12.13forfeiture. The appropriate agency shall release the vehicle to the financial institution or 12.14its agent after the financial institution presents proof of its valid security agreement or of 12.15its lease agreement and the financial institution agrees not to sell the vehicle to a family or 12.16household member of the violator, unless the violator is not convicted of the offense on 12.17which the forfeiture is based. The financial institution shall dispose of the vehicle in a 12.18commercially reasonable manner as defined in section 336.9-610.12.19    (b) After disposing of the forfeited vehicle, the financial institution shall reimburse 12.20the appropriate agency for its seizure, storage, and forfeiture costs. The financial 12.21institution may then apply the proceeds of the sale to its storage costs, to its sale 12.22expenses, and to satisfy the lien or the lease on the vehicle. If any proceeds remain, the 12.23financial institution shall forward the proceeds to the state treasury, which shall credit the 12.24appropriate fund as specified in subdivision 10.12.25    Subd. 12.Redemption requirements.(a) If an off-highway vehicle is seized by a 12.26peace officer for a designated offense, the seized vehicle must be released only:12.27    (1) to the registered owner, a person authorized by the registered owner, a lienholder 12.28of record, or a person who has purchased the vehicle from the registered owner who 12.29provides proof of ownership of the vehicle;12.30    (2) if the vehicle is subject to a rental or lease agreement, to a renter or lessee who 12.31provides a copy of the rental or lease agreement; or12.32    (3) to an agent of a towing company authorized by a registered owner if the owner 12.33provides proof of ownership of the vehicle.12.34    (b) The proof of ownership or, if applicable, the copy of the rental or lease agreement 12.35required under paragraph (a) must be provided to the law enforcement agency seizing the 13.1vehicle or to a person or entity designated by the law enforcement agency to receive 13.2the information.13.3    (c) No law enforcement agency, local unit of government, or state agency is 13.4responsible or financially liable for any storage fees incurred due to a seizure under this 13.5section.13.6EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes 13.7committed on or after that date.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; and13.19(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 or environmentally sensitive areas 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, obstacle, or sensitive 13.28area, 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, and Rock14.18Counties. (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,; thence southeasterly 14.25to Blue Mounds State Park in Rock County; thence southerly to Luverne and Schoneman 14.26Park in Rock County, 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    Subd. 26.Des Moines River Valley Trail, Jackson, Cottonwood, and Murray 15.2Counties.The trail shall originate in Jackson County at the Minnesota-Iowa border and 15.3connect with the Dickinson Trail in Mini-Wakan State Park in Iowa. To the greatest extent 15.4possible, the trail shall follow the Des Moines River Valley, extending northwesterly 15.5through Jackson County to Kilen Woods State Park, through Cottonwood County, and into 15.6Murray County. The trail shall terminate at Casey Jones Trail in Murray County.15.7    Sec. 10. Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:15.8    Subd. 3. Second vehicleMultiple-vehicle permits. The commissioner shall 15.9prescribe and issue second vehiclemultiple-vehicle state park permits for persons who 15.10own more than one motor vehicle and who request a second the permit for the second 15.11vehicle additional vehicles 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    Subd. 15.John A. Latsch State Park.A state park permit is not required and a fee 15.16may not be charged for motor vehicle entry or parking at the parking lot located adjacent 15.17to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.15.18    Sec. 12. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 15.19to read:15.20    Subd. 16.Greenleaf Lake State Recreation Area.A state park permit is not 15.21required and a fee may not be charged for motor vehicle entry or parking at Greenleaf 15.22Lake State Recreation Area.15.23    Sec. 13. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision 15.24to read:15.25    Subd. 17.School-sanctioned activities.A state park permit is not required and a 15.26fee may not be charged for vehicles transporting K-12 students engaged in school district 15.27sanctioned activities at state parks.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 or subsequent 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; and16.5(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    Subd. 15.State boater wayside.(a) Boater waysides may be established to provide 16.11for public use.16.12(b) No unit shall be authorized as a state boater wayside unless its proposed location 16.13substantially satisfies the following criteria:16.14(1) contains resources that are desirable for use by boaters;16.15(2) is accessible by persons traveling by boat, canoe, or kayak; and16.16(3) may be near, associated with, or located within a unit of the outdoor recreation 16.17system under this section.16.18(c) State boater waysides shall be administered by the commissioner of natural 16.19resources in a manner that is consistent with the purpose of this subdivision. Facilities 16.20for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be 16.21provided when the commissioner determines that these activities are justifiable and 16.22compatible with the resources and the natural environment.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, or for boater waysides.17.27    Sec. 18. Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision 17.28to read:17.29    Subd. 6.Law enforcement watercraft displaying emergency lights.When 17.30approaching and passing a law enforcement watercraft with its emergency lights 17.31activated, the operator of a watercraft must safely move the watercraft away from the law 17.32enforcement watercraft and maintain a slow-no wake speed while within 150 feet of 17.33the law enforcement watercraft.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    Subdivision 1.Owner responsibility; penalty amount. 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    Subd. 2.Appeals.Civil penalties under this section may be appealed according to 18.8procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying 18.9the commissioner in writing within 15 days after receipt of the citation. If a hearing 18.10is not requested within the 15-day period, the civil penalty becomes a final order not 18.11subject to further review.18.12    Subd. 3.Enforcement.Civil penalties under this section may be enforced according 18.13to section 116.072, subdivisions 9 and 10.18.14    Subd. 4.Payment of penalty.Penalty amounts shall be remitted to the 18.15commissioner within 30 days of issuance of the penalty notice and shall be deposited in 18.16the game and fish fund.18.17    Sec. 20. [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.18.18A licensed peace officer may, at any time, take a protected wild animal that is posing 18.19an immediate threat to public safety. A peace officer who destroys a protected wild animal 18.20under this section must report the taking to a conservation officer as soon as practicable, 18.21but no later than 48 hours after the animal is destroyed.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 15 appointed 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(5) one township officer;19.1(6) two elected city officials, one of whom must be from a city located in the 19.2metropolitan area, as defined under section 473.121, subdivision 2;19.3(5) (7) the commissioner of agriculture;19.4(6) (8) the commissioner of health;19.5(7) (9) the commissioner of natural resources;19.6(8) (10) the commissioner of the Pollution Control Agency; and19.7(9) (11) the director of the University of Minnesota Extension Service.19.8(b) Members in paragraph (a), clauses (1) to (4) (6), must be distributed across 19.9the state with at least three four members but not more than five six 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) (6), are appointed by the governor. 19.13In making the appointments, the governor may consider persons recommended by 19.14the Association of Minnesota Counties, the Minnesota Association of Townships, the 19.15League of Minnesota Cities, 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) (6), 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; and20.3(7) carbon sequestration; and20.4 (8) 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; and20.9(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.20.26EFFECTIVE DATE.This section is effective August 1, 2009, and applies to 20.27rulemaking that begins after that date.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 levies20.31provides a match utilizing a water implementation tax or other local source. A water 20.32implementation tax that a county intends to use as a match to the base grant must be levied20.33at 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 the local match. 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 match 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; and21.13(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 or water quantity problems due to altered hydrology. 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; and21.28(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 or water quantity 22.2improvements 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. Policies and rules. (a) The state board may adopt rules and shall adopt 22.19rules policies 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 and water quantity problems due to altered hydrology;22.27(5) the share of the cost of conservation practices to be paid from cost-sharing 22.28funds; and22.29(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(c) The board may establish alternative practices to those defined in section 84.02 22.34for restoration or establishment of native prairie, grasslands, shorelands, riparian buffers, 23.1or wetlands based on soil type, seed availability, adjacent land uses, project or practice 23.2purpose, or other site-specific factors.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 restore certain marginal 23.6agricultural land out of crop production and protect environmentally sensitive areas to 23.7protect enhance soil and water quality, minimize damage to flood-prone areas, sequester 23.8carbon, and support native plant, fish, and wildlife habitat habitats. It is state policy to 23.9encourage the restoration of wetlands and riparian lands and promote the 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    Subd. 8a.Reinvest in Minnesota reserve program."Reinvest in Minnesota 23.22reserve program" means the program established under section 103F.515.23.23    Sec. 32. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:23.24    Subd. 8a 8b. 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 the reinvest in Minnesota reserve program. The board 23.31shall implement sections 
         103F.505 to 
         103F.531. Selection of land for the conservation24.1reinvest in Minnesota reserve program must be based on its enhancement potential for 24.2fish and, wildlife production, and native plant habitats, 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 reinvest in 24.6Minnesota reserve program if the land meets the requirements of paragraphs (b) and 24.7(c), or paragraph (d).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 or water quality improvement practice 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 eight 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; or24.22(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 reinvest in Minnesota reserve program 24.31would provide additional conservation benefits or a longer term of enrollment than under 24.32the current federal or state program; and24.33(4) have been in agricultural crop production for at least two of the last five 24.34years before the date of application, except drained wetlands, riparian lands, woodlots, 25.1abandoned building sites, environmentally sensitive areas, 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 Land is 25.5eligible if the land is a wellhead protection area as defined in section 103I.005, subdivision 25.624, and has a wellhead protection plan approved by the commissioner of health. 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 and livestock grazing, unless specifically approved 25.15by the board for wildlife conservation management purposes or extreme drought; and25.16(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 12.29; and25.20(4) spraying with chemicals or mowing, except as necessary to comply with noxious 25.21weed control laws or, for emergency control of pests necessary to protect public health, or 25.22as approved by the board for conservation management purposes.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 reinvest in Minnesota 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 and26.9has not been used in agricultural crop production, will not be converted to agricultural 26.10crop production or pasture; and26.11(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 cover26.17conservation practices. (a) The board must make the following shall establish rates 26.18for payments to the landowner for the conservation easement and agreement: related 26.19practices. The board shall consider market factors, including the township average 26.20equalized estimated market value of property as established by the commissioner of 26.21revenue at the time of easement application.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; and26.29(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; or27.8(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(b) The board may establish alternative practices to those defined in section 84.02 for 27.14restoration of native prairie, grasslands, or wetlands based on soil type, seed availability, 27.15adjacent land uses, or other site-specific factors.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 by the 27.20board 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, soil and water conservation 27.31districts, watershed districts, 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 enrolled in a conservation easement under 28.10section 103F.515.28.11    Sec. 41. Minnesota Statutes 2008, section 103F.531, is amended to read:28.12103F.531 RULEMAKING.28.13The board may adopt rules or policy 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 preparemaintain 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, and shall provide access to a copy of the maps and lists. TheAs county public waters 28.29inventory map for each county must be filed with maps and lists are revised according to 28.30this section, the commissioner shall send a notification or a copy of the maps and lists 28.31to the auditor of theeach affected 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); or29.11(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); and29.30(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; and30.1(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. CONSUMPTIVE USE OF WATER.30.4Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature 30.5approves of the consumptive use of water under a permit of more than 2,000,000 gallons 30.6per day average in a 30-day period in St. Louis County, in connection with snowmaking, 30.7subject to the commissioner of natural resources making a determination that the water 30.8remaining in the basin of origin will be adequate to meet the basin's need for water and 30.9approval by the commissioner of natural resources of all applicable permits.30.10    Sec. 45. PLANNING AND DEVELOPMENT.30.11The commissioner of natural resources shall work with Friends of the Casey Jones 30.12Trail in planning and developing the extension of the Casey Jones Trail.30.13    Sec. 46. TRAIL PLANNING AND DEVELOPMENT.30.14The commissioner of natural resources shall work with Friends of the Jackson 30.15County Trails in planning and developing the Des Moines River Valley Trail.30.16    Sec. 47. APPROPRIATION.30.17$20,000 is appropriated from the natural resources fund to the commissioner of 30.18natural resources for the start-up costs of the off-highway vehicle administrative forfeiture 30.19processes. Of this amount, $15,000 is from the all-terrain vehicle account; $3,000 is from 30.20the off-highway motorcycle account; and $2,000 is from the off-road vehicle account. 30.21This is a onetime appropriation.30.22    Sec. 48. REVISOR'S INSTRUCTION.30.23(a) The revisor of statutes shall change the term "conservation reserve program" to 30.24"reinvest in Minnesota reserve program" where it appears in Minnesota Statutes, sections 30.2584.95, subdivision 2; 92.70, subdivision 1; and 103H.105.30.26(b) In each section of Minnesota Statutes referred to in column A, the revisor of 30.27statutes shall delete the reference in column B and insert the reference in column C.

30.28Column AColumn BColumn C30.2984.77784.80584.80430.3084.77784.92984.92830.3184.787, subd. 184.79684.79530.3284.788, subd. 984.79684.79531.184.791, subd. 484.79684.79531.284.794, subd. 284.79684.79531.384.795, subd. 884.79684.79531.484.797, subd. 184.80584.80431.584.798, subd. 884.80584.80431.684.804, subd. 684.80584.80431.784.92, subd. 184.92984.92831.884.922, subd. 984.92984.92831.984.925, subd. 384.92984.92831.1084.9256, subd. 484.92984.92831.1184.927, subd. 284.92984.92831.1284.928, subd. 184.92984.92831.1384.928, subd. 684.92984.928

31.14    Sec. 49.  REPEALER.31.15(a) Minnesota Statutes 2008, sections 84.796; 84.805; 84.929; 85.0505, subdivision 31.162; 103B.101, subdivision 11; 103F.511, subdivision 4; and 103F.521, subdivision 2, are 31.17repealed.31.18(b) Minnesota Rules, parts 8400.3130; 8400.3160; 8400.3200; 8400.3230; 31.198400.3330; 8400.3360; 8400.3390; 8400.3500; 8400.3530; and 8400.3560, are repealed.31.20ARTICLE 231.21GAME AND FISH31.22    Section 1. Minnesota Statutes 2008, section 13.7931, is amended by adding a 31.23subdivision to read:31.24    Subd. 6.Electronic licensing system data.Data on individuals created, collected, 31.25stored, or maintained by the department for the purposes of obtaining a noncommercial 31.26game and fish license, cross-country ski pass, horse trail pass, or snowmobile trail sticker; 31.27registering a recreational motor vehicle; or any other electronic licensing transaction are 31.28classified under section 84.0874.31.29EFFECTIVE DATE.This section is effective March 1, 2010.31.30    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; and32.9    (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. Notwithstanding section 16A.1283, the commissioner 32.15may, by written order published in the State Register, establish the fees required by this 32.16section. The fees are not subject to the rulemaking provisions of chapter 14 and section 32.1714.386 does not apply. 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 and additional fees.Notwithstanding section 16A.1283, the 32.22commissioner may, by written order published in the State Register, establish fees for the 32.23services listed in clauses (1) to (3) and the additional fee required under subdivision 2, 32.24paragraph (a). 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; and32.31    (3) initial inspection for containment and quarantine facility inspections.32.32    Sec. 4. [84.0874] ELECTRONIC LICENSING SYSTEM DATA.32.33 The following data created, collected, stored, or maintained by the department for 32.34purposes of obtaining a noncommercial game and fish license, cross-country ski pass, 33.1horse trail pass, or snowmobile trail sticker; registering a recreational motor vehicle; or 33.2any other electronic licensing transaction are private data on individuals as defined in 33.3section 13.02, subdivision 12: name, addresses, driver's license number, and date of 33.4birth. The data may be disclosed for law enforcement purposes. The data, other than the 33.5driver's license number, may be disclosed to a government entity and for natural resources 33.6management purposes, including recruitment, retention, and training certification and 33.7verification.33.8EFFECTIVE DATE.This section is effective March 1, 2010.33.9    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 60 days of the original registration, the registration is not used or transferred, and:33.14(1) the off-highway motorcycle was registered incorrectly by the commissioner 33.15or the deputy registrar; or33.16(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 60 days of the original registration and the vehicle was registered incorrectly by 33.23the commissioner or the deputy registrar, the registration is not used or transferred, and:33.24(1) the off-road vehicle was registered incorrectly; or33.25(2) the off-road vehicle was registered twice, once by the dealer and once by the 33.26customer.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 60 days of the original registration, the registration is not used or transferred, and:33.32(1) the snowmobile was registered incorrectly by the commissioner or the deputy 33.33registrar; or34.1(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 60 days of the original registration, the registration is not used or transferred, and:34.8(1) the vehicle was registered incorrectly by the commissioner or the deputy 34.9registrar; or34.10(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 60 days of the original license or title, the license or title 34.16is not used or transferred, 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; or34.20(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    Subd. 3b.Bow fishing."Bow fishing" means taking rough fish by archery where 34.25the arrows are tethered or controlled by an attached line.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 license vendors 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, except youth 35.8licenses under section 97A.475, subdivision 2, clause (4), and subdivision 3, clause (7),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; and35.18    (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); or35.24    (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 with battery power of 12 volts or less. 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    Subd. 4.Exemption from certain local ordinances.(a) Except as provided in 36.7paragraphs (c) and (d), wildlife management areas that are established according to section 36.886A.05, subdivision 8; designated under section 97A.133 or 97A.145; and 160 contiguous 36.9acres or larger are exempt from local ordinances that limit the taking of game and fish or 36.10vegetation management in the unit as authorized by state law.36.11(b) Except as provided in paragraphs (c) and (d), wildlife management areas that 36.12are established according to section 86A.05, subdivision 8; designated under section 36.1397A.133 or 97A.145; and at least 40 contiguous acres and less than 160 contiguous acres 36.14are exempt from local ordinances that:36.15(1) restrict trapping;36.16(2) restrict the discharge of archery equipment;36.17(3) restrict the discharge of shotguns with shot sizes of F or .22 inch diameter or 36.18smaller shot;36.19(4) restrict noise;36.20(5) require dogs on a leash; or36.21(6) would in any manner restrict the management of vegetation in the unit as 36.22authorized by state law.36.23(c) This subdivision does not apply to wildlife management area restrictions that, 36.24prior to May 1, 2009, were adopted under rules of the commissioner or local ordinances.36.25(d) When a local unit of government is able to demonstrate a significant public 36.26safety issue that is not adequately addressed by rules of the commissioner or state posting 36.27of the wildlife management area, the local government may file an appeal with the 36.28commissioner. If the commissioner agrees with the appeal, the commissioner shall amend 36.29the commissioner's rules to the extent needed to resolve the public safety issue. The 36.30commissioner may use the expedited rulemaking procedure in section 84.027, subdivision 36.3113, to resolve the public safety issue.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, subdivision 1, 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 age 37.616 years or older 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    Subd. 1a.Angling in a state park.A resident may take fish by angling without 37.15an angling license when shore fishing or wading on state-owned land within a state park. 37.16When angling from a boat or float, this subdivision applies only to those water bodies 37.17completely encompassed within the statutory boundary of the state park. The exemption 37.18from an angling license does not apply to waters where a trout stamp is required.37.19    Sec. 18. Minnesota Statutes 2008, section 97A.451, is amended by adding a 37.20subdivision to read:37.21    Subd. 1a.Angling; residents 90 years of age or older.A resident who is 90 years 37.22of age or older may take fish without a license.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. A person authorized to issue licenses must issue a license 37.26to a resident under the age of 16 without a fee to net ciscoes and whitefish for personal 37.27consumption under section 97A.475, subdivision 13.37.28    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 and an either-sex deer 38.6permit 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 and one permit 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:38.14(i) 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;38.17(ii) has received a Purple Heart medal for qualifying military service, as shown by 38.18official military records; or38.19(iii) has a service-connected disability rated at 70 percent or more as defined by the 38.20United States Veterans Administration; and38.21(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 shall 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, a lifetime spearing license, a lifetime angling and spearing 38.32license, a lifetime small game hunting license, a lifetime firearm or archery deer hunting 38.33license, or a lifetime sporting license or a lifetime sporting with spearing option license 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; or39.7(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    Subd. 2a.Lifetime spearing license; fee.(a) A resident lifetime spearing license 39.11authorizes a person to take fish by spearing in the state. The license authorizes those 39.12activities authorized by the annual resident spearing license.39.13    (b) The fees for a resident lifetime spearing license are:39.14    (1) age 3 and under, $258;39.15    (2) age 4 to age 15, $320;39.16    (3) age 16 to age 50, $372; and39.17    (4) age 51 and over, $173.39.18    Sec. 24. Minnesota Statutes 2008, section 97A.473, is amended by adding a 39.19subdivision to read:39.20    Subd. 2b.Lifetime angling and spearing license; fee.(a) A resident lifetime 39.21angling and spearing license authorizes a person to take fish by angling or spearing in the 39.22state. The license authorizes those activities authorized by the annual resident angling 39.23and spearing licenses.39.24    (b) The fees for a resident lifetime angling and spearing license are:39.25    (1) age 3 and under, $485;39.26    (2) age 4 to age 15, $620;39.27    (3) age 16 to age 50, $755; and39.28    (4) age 51 and over, $376.39.29    Sec. 25. Minnesota Statutes 2008, section 97A.473, is amended by adding a 39.30subdivision to read:39.31    Subd. 5a.Lifetime sporting with spearing option license; fee.(a) A resident 39.32lifetime sporting with spearing option license authorizes a person to take fish by angling 39.33or spearing and hunt and trap small game in the state. The license authorizes those 40.1activities authorized by the annual resident angling, spearing, resident small game hunting, 40.2and resident trapping licenses. The license does not include a trout and salmon stamp 40.3validation, a turkey stamp validation, a walleye stamp validation, or any other hunting 40.4stamps required by law.40.5(b) The fees for a resident lifetime sporting license are:40.6(1) age 3 and under, $615;40.7(2) age 4 to age 15, $800;40.8(3) age 16 to age 50, $985; and40.9(4) age 51 and over, $586.40.10    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, spearing, angling and spearing, small game hunting, deer hunting, and40.14sporting, and sporting with spearing option 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 or over 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; and40.34    (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; and41.14    (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; and41.16(7) to take fish by spearing from a dark house, $37.50.41.17    (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, dark houses, and shelters; residents. Fees for the 41.22following licenses are:41.23    (1) annual for a fish house or, dark house, or shelter that is not rented, $11.50; 41.24    (2) annual for a fish house or, dark house, or shelter that is rented, $26;41.25    (3) three-year for a fish house or, dark house, or shelter that is not rented, $34.50; and41.26    (4) three-year for a fish house or, dark house, or shelter 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 and shelters; nonresident. Fees for fish house and shelter41.29licenses for a nonresident are:41.30    (1) annual, $33; 41.31    (2) seven consecutive days, $19; and41.32    (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. Notwithstanding section 16A.1283, the commissioner may, by written order 42.8published in the State Register, establish the additional fee required by this subdivision. 42.9The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 42.10does not apply; and42.11    (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 Generally. A residentperson may transport wild animals 42.15within the state by common carrier without being in the vehicle if the residentperson has 42.16the license required to take the animals and they are shipped to the resident person or to a 42.17licensed taxidermist, tanner, or fur buyer. 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; and42.21(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 implements to take wild animals.(a)42.25Except as provided in subdivision 3, 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 97B.931, 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 take big game, small game, or unprotected 42.31wild animals. 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; and43.4(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; and43.7(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; and43.18(5) is not within 200 feet of a motor vehicle.43.19    Subd. 2. Without firearms implements to take wild animals. (a) Between the 43.20hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31, Except as provided 43.21in subdivision 3, from two hours after sunset until sunrise, a person may not cast the rays 43.22of a spotlight, headlight, or other artificial light on a highway, or in a field, woodland, 43.23or forest to spot, or locate, or take a wild animal except to take raccoons under section 43.2497B.621, subdivision 3, or to tend traps under section 97B.931. 43.25(b) Between one-half hour after sunset until sunrise, Except as provided in 43.26subdivision 3, 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; and43.32(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. (c) Except as provided in 44.2subdivision 3, a person may not project a spotlight or handheld cast an artificial 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; or44.8(4) performing an occupational duty.44.9(d) Except as provided in subdivision 3, a person may not at any time cast the rays of 44.10a spotlight, headlight, or other artificial light onto property posted with signs prohibiting 44.11the shining of lights onto the property. When signs are posted, the signs shall display 44.12letters that are at least two inches in height and state "no shining" or similar terms and 44.13shall be placed at intervals of 500 feet or less along the boundary of the property.44.14    Subd. 3.Exceptions.(a) It is not a violation of this section for a person to:44.15(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons 44.16according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;44.17(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial 44.18light, provided that the person is:44.19(i) on foot;44.20(ii) using a shotgun;44.21(iii) not within a public road right-of-way;44.22(iv) using a handheld or electronic calling device; and 44.23(v) not within 200 feet of a motor vehicle; or44.24(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game 44.25animals, provided that the person is:44.26(i) on foot; and44.27(ii) not in possession of a firearm or bow.44.28(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, 44.29headlight, or other artificial light to:44.30(1) carry out any agricultural, safety, emergency response, normal vehicle operation, 44.31or occupational-related activities that do not involve taking wild animals; or44.32(2) carry out outdoor recreation as defined in section 97B.001 that is not related to 44.33spotting, locating, or taking a wild animal.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; and45.9    (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; and45.12    (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. Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt 45.25participants to shoot from a stationary motor vehicle. 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, and minerals, and bird feeders 45.31containing grains or nuts that are at least six feet above the ground are not bait or feed. 45.32Unharvested 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    Subdivision 1.Taking unprotected mammals and birds. 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, except 46.9importation or exportation is restricted as provided in subdivision 2. 46.10    Subd. 2.Importing and exporting live coyotes.A person may not export a live 46.11coyote out of the state or import a live coyote into the state unless authorized under a 46.12permit from the commissioner.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 two 46.16hours 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 hour46.20two hours before lawful shooting hours or leave decoys unattended during other times for 46.21more than four three consecutive hours unless:46.22(1) the decoys are in waters adjacent to private land under the control of the hunter; 46.23and46.24(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 25 boats 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; and47.1(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; and47.4(ii) the contest is not limited to trout species only; or47.5(3) all the contest participants are age 18 years or under;47.6(4) the contest is limited to rough fish; or47.7(5) the total prize value is $500 or less.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; or47.21    (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 $60 for an open water contest not exceeding 100 participants 50 boats and 47.27without off-site weigh-in;47.28    (2) $400 $200 for an open water contest with more than 100 participants 50 boats47.29and without off-site weigh-in;47.30    (3) $500 $250 for an open water contest not exceeding 100 participants 50 boats47.31with off-site weigh-in;47.32    (4) $1,000 $500 for an open water contest with more than 100 participants 50 boats47.33with off-site weigh-in; or47.34    (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.(a) 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(b) By March 1, 2011, the commissioner shall develop a best practices certification 48.7program for fishing contest organizers to ensure the proper handling and release of fish.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(e) The commissioner shall develop an online Web-based fishing contest permit 49.2application process.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. The commissioner may allow for 49.17live release weigh-ins at public accesses.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    (a) 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; or49.26    (2) use a lighted decoy for spearing.49.27    Any(b) A battery that is used in lighted fishing lures cannot must not contain any 49.28intentionally introduced mercury.49.29(c) The restrictions in paragraph (a) do not apply to bow fishing.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    Subd. 5.Nonresidents.Nonresidents may spear from a fish house or dark house.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. [97C.376] BOW FISHING.50.12    Subdivision 1.Season.The bow fishing season for residents and nonresidents is 50.13from May 1 to the last Sunday in February at any time of the day.50.14    Subd. 2.Possession of bows and arrows.A person may possess bows and arrows 50.15for the purposes of bow fishing on or within 100 feet of waters at any time from May 1 to 50.16the last Sunday in February, subject to local ordinances. A person must take reasonable 50.17measures to retrieve arrows and wounded fish.50.18    Subd. 3.Nighttime restrictions on motors.From sunset to sunrise, a person bow 50.19fishing with a gasoline-powered motor must use a four-stroke engine. The noise limits 50.20for total noise while bow fishing from sunset to sunrise shall not exceed a noise level 50.21of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or 50.22equivalent noise levels at other distances as specified by the commissioner in a pass-by 50.23test or 67 decibels on the A scale measured at idle in a stationary test at least four feet 50.24above the water and at least four feet behind the transom of the motorboat being tested. 50.25The noise levels under section 86B.321 apply to persons traveling to and from bow fishing 50.26sites from sunset to sunrise.50.27    Subd. 4.Nighttime structure and campground setback requirements.A person 50.28shall not discharge an arrow while bow fishing within 150 feet of an occupied structure 50.29or within 300 feet of a campsite from sunset to sunrise.50.30    Subd. 5.Prohibition on returning rough fish to waters.Rough fish taken by bow 50.31fishing shall not be returned to the water and rough fish may not be left on the banks 50.32of any water of the state.51.1    Sec. 50. RULEMAKING.51.2(a) The commissioner of natural resources shall adopt or amend rules to establish 51.3minimum size limits for muskellunge on inland waters consistent with the provisions 51.4of this section. The commissioner must:51.5(1) establish a 48-inch statewide minimum size restriction for muskellunge and 51.6muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause 51.7(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota, 51.8Hennepin, Ramsey, Scott, and Washington Counties; and51.9(2) establish a 40-inch minimum size restriction for muskellunge-northern pike 51.10hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and 51.11Washington Counties:

51.12LAKECOUNTY51.13BryantHennepin51.14BushHennepin51.15CalhounHennepin51.16CedarHennepin51.17CedarScott51.18ClearWashington51.19CrystalDakota51.20CrystalHennepin51.21EagleCarver51.22ElmoWashington51.23GervaisRamsey51.24IslandRamsey51.25IslesHennepin51.26JohannaRamsey51.27NokomisHennepin51.28OrchardDakota51.29PhalenRamsey51.30PiersonCarver51.31SilverRamsey51.32WassermanCarver51.33WeaverHennepin

51.34(b) The commissioner may use the good cause exemption under Minnesota Statutes, 51.35section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 51.3614.386, does not apply except as provided in Minnesota Statutes, section 14.388.51.37    Sec. 51. TEMPORARY WARNING REQUIREMENTS; SHINING WITHOUT 51.38IMPLEMENTS TO TAKE WILD ANIMALS.52.1A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081, 52.2subdivision 2, shall not result in a penalty, but is punishable only by a warning.52.3    Sec. 52. ZONE 3 DEER SEASON AND RESTRICTIONS; 2009.52.4For the 2009 deer season, notwithstanding rules of the commissioner of natural 52.5resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner 52.6shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November 52.76 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20. 52.8During the last two days of the 2009 early A season in Zone 3, a person may not take 52.9antlered deer unless the deer has at least four points on one side, or the person has taken an 52.10antlerless deer prior to taking the antlered deer during the early A season in Zone 3. Party 52.11hunting for antlered deer under Minnesota Statutes, section 97B.301, subdivision 3, is not 52.12allowed in the last two days of the 2009 early A season in Zone 3. Zone 3 is defined in 52.13Minnesota Rules, part 6232.1400, subpart 3.52.14    Sec. 53. TEMPORARY WINTER IMPORTATION OF GOLDEN SHINER 52.15MINNOWS.52.16(a) Notwithstanding Minnesota Statutes, section 97C.515, from December 1 to 52.17the last Sunday in February, a Minnesota resident with a valid importation license may 52.18procure and transport directly to Minnesota farm-raised golden shiners from a certified 52.19fish farm for the purpose of a resale transaction.52.20(b) This section expires on February 28, 2011.52.21    Sec. 54. APPROPRIATION.52.22$15,000 in fiscal year 2010 is appropriated from the game and fish fund to the 52.23commissioner for the development of an on-line fishing contest permit application process. 52.24This is a onetime appropriation.52.25    Sec. 55.  REPEALER.52.26Minnesota Statutes 2008, sections 97A.525, subdivision 2; and 97C.405, are 52.27repealed.53.1ARTICLE 353.2STATE LAND ADMINISTRATION53.3    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(a) 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 sectionparagraph are not intended to replace or 53.15supersede laws relating to land exchange or disposal of surplus state property.53.16(b) In order to resolve trespass issues affecting the ownership interests of the state 53.17and adjacent landowners, the commissioner of natural resources, in the name of the state, 53.18may sell surplus lands not needed for natural resource purposes at private sale to adjoining 53.19property owners and leaseholders. The conveyance must be by quitclaim in a form 53.20approved by the attorney general for a consideration not less than the value determined 53.21according to section 94.10, subdivision 1.53.22(c) Paragraph (b) applies to all state-owned lands managed by the commissioner of 53.23natural resources, except school trust land as defined in section 92.025. For acquired lands, 53.24the commissioner may sell the surplus lands as provided in paragraph (b) notwithstanding 53.25the offering to public entities, public sale, and related notice and publication requirements 53.26of sections 94.09 to 94.165. For consolidated conservation lands, the commissioner may 53.27sell the surplus lands as provided in paragraph (b) notwithstanding the classification and 53.28public sale provisions of chapters 84A and 282.53.29    Sec. 2. Minnesota Statutes 2008, section 103F.321, is amended by adding a subdivision 53.30to read:53.31    Subd. 3.Home-based business; conditional use.A local unit of government may 53.32issue a conditional use permit in a wild and scenic river district designated pursuant to 53.33sections 103F.301 to 103F.351 to a home-based business that:53.34(1) is located on property that includes the primary residence of the business owner;54.1(2) is conducted within the primary residence or residential accessory structure 54.2and the residence and accessory structures were constructed prior to the effective date 54.3of this section;54.4(3) does not necessitate creation of additional impervious surface for vehicular 54.5parking on the property;54.6(4) satisfies all other requirements in a conditional use permit issued by the local 54.7unit of government; and54.8(5) satisfies all other state and local requirements applicable to the type of business.54.9EFFECTIVE DATE.This section is effective the day following final enactment.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, or to use for facilities needed 56.28to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed 56.29for a mining operation, upon the conditions and for the consideration and for the period 56.30of time, not exceeding 15 25 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; and58.5    (3) that part of Government Lot 6 and, that part of Government Lot 7, and that part 58.6of Government Lot 8 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 17 minutes 23 seconds East 1247.75 feet along the 58.12east line of said Section 6; thence North 89 degrees 07 minutes 01 second West 1942.3958.13South 88 degrees 39 minutes 00 seconds West 1942.74 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 HUDSON 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 42 59.36minutes 00 seconds, 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 30 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 57 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 52 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 26 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 2 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; and61.9    (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. ADDITIONS TO STATE PARKS.61.32    Subdivision 1.[85.012] [Subd. 18.] Fort Snelling State Park, Ramsey, Hennepin 61.33and Dakota Counties.The following area is added to Fort Snelling State Park, Hennepin 61.34County: that part of Section 20, Township 29 North, Range 23 West, described as follows: 61.35From monument number 2, located on the westerly extension of the south boundary 62.1of the U.S. Department of the Interior, Bureau of Mines; thence South 89 degrees 52 62.2minutes 00 seconds East along said south boundary of the Bureau of Mines, 478.97 feet to 62.3reference point 1 on the easterly right-of-line of Trunk Highway No. 55 and the point of 62.4beginning; thence South 48 degrees 48 minutes 53 seconds East, 458.74 feet along the 62.5easterly right-of-way line of said Trunk Highway No. 55; thence North 23 degrees 48 62.6minutes 00 seconds East, 329.00 feet to the south boundary of the Bureau of Mines; thence 62.7North 89 degrees 52 minutes 00 seconds West, 478.07 feet along said south boundary of 62.8the Bureau of Mines to the point of beginning.62.9    Subd. 2.[85.012] [Subd. 42.] Mille Lacs Kathio State Park, Mille Lacs County.62.10The following areas are added to Mille Lacs Kathio State Park, Mille Lacs County:62.11(1) Government Lot 4 of the Northwest Quarter of the Northwest Quarter; all 62.12in Section 25, Township 42, Range 27, less a tract to highway described as follows: 62.13Commencing at a point approximately 270.0 feet East of the southwest corner of 62.14Government Lot 4, Section 25, Township 42 North, Range 27 West, Engineers Station 62.1571+00; thence North 26 degrees 56 minutes West to the west line of Section 25 at 62.16Engineers Station 77+07.4 a distance of 607.4 feet and there terminating. The above 62.17describes the center line of an 82.5-foot right-of-way for the reconstruction of County 62.18State-Aid Highway No. 26 and contains 0.23 acres in addition to the present 66-foot 62.19right-of-way, Mille Lacs County, Minnesota;62.20(2) Government Lot 5, Section 25, Township 42, Range 27;62.21(3) that part of Government Lot 1, Section 26, Township 42 North, Range 27 62.22West, Mille Lacs County, Minnesota, EXCEPT that part of Government Lot 1, Section 62.2326, Township 42 North, Range 27 West, Mille Lacs County, Minnesota, described as 62.24follows: Beginning at the northeast corner of said Government Lot 1; thence North 89 62.25degrees 09 minutes 54 seconds West, bearing based on Mille Lacs County Coordinate 62.26System, along the north line of said Government Lot 1 a distance of 665.82 feet to a 62.273/4 inch iron rod with survey cap stamped "MN DNR LS 16098" (DNR monument); 62.28thence South 00 degrees 00 minutes 00 seconds West a distance of 241.73 feet to a DNR 62.29monument; thence continuing South 00 degrees 00 minutes 00 seconds West a distance of 62.3042.18 feet to a P.K. nail in the centerline of County Road 26; thence southeasterly along 62.31the centerline of County Road 26 a distance of 860 feet, more or less, to the east line of 62.32said Government Lot 1; thence North 00 degrees 22 minutes 38 seconds East along the 62.33east line of said Government Lot 1 a distance of 763 feet, more or less, to the point of 62.34beginning, containing 6.6 acres, more or less. AND EXCEPT, that part of Government 62.35Lot 1, Section 26, Township 42 North, Range 27 West, described as follows: Commencing 62.36at a point where the west line of the Northwest Quarter of the Northwest Quarter, Section 63.125, Township 42, Range 27, intersects the meander line of lake commonly known and 63.2designated as "Warren Lake"; thence North along the west line of said forty a distance 63.3of 20 rods; thence West at right angles to the meander line of said Warren Lake; thence 63.4in a southeasterly direction to the point of beginning; and63.5(4) Government Lot 2, Section 26, Township 42 North, Range 27 West, Mille Lacs 63.6County, Minnesota.63.7    Sec. 7. DELETIONS FROM STATE PARKS.63.8    Subdivision 1.[85.012] [Subd. 21.] Lake Bemidji State Park, Beltrami County.63.9The following area is deleted from Lake Bemidji State Park, all in Beltrami County: that 63.10part of Government Lot 5, Section 24, Township 147 North, Range 33 West, Beltrami 63.11County, Minnesota described as follows: Commencing at the most easterly corner of Lot 63.122, Block 1, Shady Cove, according to the recorded plat thereof; thence northeasterly 63.13along the northeasterly extension of the line between Lots 1 and 2, Block 1 in said plat, 63.14a distance of 66.00 feet, to the point of beginning of the land to be described; thence 63.15continuing along last described course a distance of 150.00 feet; thence deflecting to the 63.16left 90 degrees 00 minutes 00 seconds, a distance of 607.70 feet; thence westerly along a 63.17line perpendicular to the westerly boundary of said Government Lot 5 to the west line of 63.18said Government Lot 5; thence South along the westerly boundary of said Government 63.19Lot 5 to intersect a line 66.00 feet northeasterly of, as measured at a right angle to and 63.20parallel with the northeasterly line of Block 1, said Shady Cove; thence southeasterly 63.21along said parallel line to the point of beginning.63.22    Subd. 2.[85.012] [Subd. 24a.] Great River Bluffs State Park, Winona County.63.23The following areas are deleted from Great River Bluffs State Park, Winona County:63.24(1) beginning at a point 200 feet West from the southeast corner of Lot 2, Section 26, 63.25Township 106 North, Range 5 West; thence West on lot line between Lots 2 and 3, 380 63.26feet; thence North 58 degrees East, 320 feet; thence South 32 degrees East, 205 feet to 63.27place of beginning, containing 85/100 of an acre, more or less, Winona County, Minnesota;63.28(2) commencing at a point 200 feet West from the northeast corner of Lot 3, Section 63.2926, Township 106 North, Range 5 West; thence South 33 degrees East 300 feet; thence 63.30South 58 degrees West 290 feet; thence North 32 degrees West, 490 feet to the lot line 63.31between Lots 2 and 3; thence East 350 feet to the place of beginning, containing 3 acres, 63.32more or less, Winona County, Minnesota;63.33(3) that part of the recorded plat of East Richmond, Winona County, Minnesota, 63.34lying within Section 27, Township 106 North, Range 5 West, that lies northwesterly of the 64.1southeasterly line of Jefferson Street, as dedicated in said plat and that lies southwesterly 64.2of the southwesterly right-of-way line of U.S. Highway No. 61;64.3(4) Lots 7 and 8, Block B, of Fern Glen Acres, the same being located upon and 64.4forming a part of Government Lot 1, Section 35; Lot 9 in Block B of Fern Glen Acres, 64.5township of Richmond, according to the recorded plat thereof; beginning at the southeast 64.6corner of Lot 9, Block B, Fern Glen Acres, South 33 degrees East 140 feet; thence South 64.770 degrees West 208 feet; thence North 33 degrees West 140 feet to the southwest line of 64.8Lot 9, Block B, Fern Glen Acres; thence North 57 degrees East on the southwest line of 64.9Lot 9, Block B, Fern Glen Acres, to place of beginning, all in Government Lot 1, Section 64.1035, Township 106 North, Range 5 West, containing 3/4 acre more or less;64.11(5) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona 64.12County, Minnesota, which is more particularly bounded and described as follows, to wit: 64.13Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen Acres; 64.14thence in a northeasterly direction and along the southerly line of said Lot 9 for a distance 64.15of 36.0 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of 107.81 feet 64.16to an iron pipe which marks the point of beginning; thence continue in a southeasterly 64.17direction along the last described course for a distance of 73.78 feet; thence deflect to 64.18the left 9 degrees 04 minutes, for a distance of 32.62 feet; thence deflect to the right 90 64.19degrees 00 minutes, for a distance of 73.23 feet; thence deflect to the right 89 degrees 20 64.20minutes, for a distance of 104.04 feet; thence deflect to the right 9 degrees 44 minutes, for 64.21a distance of 35.00 feet; thence deflect to the right 90 degrees 00 minutes, for a distance of 64.2264.75 feet; thence deflect to the right on a curve (Delta angle 90 degrees 00 minutes, radius 64.2320.00 minutes) for an arc distance of 31.42 feet, more or less, to the point of beginning;64.24(6) that part of Government Lot 1, Section 35, Township 106, Range 5, Winona 64.25County, Minnesota, which is more particularly bounded and described as follows: 64.26Commencing at the southwest corner of Lot 9 of Block "B" of Fern Glen Acres; thence in 64.27a northeasterly direction along the southerly line of said Lot 9, a distance of 56.00 feet; 64.28thence at a deflection angle to the right of 90 degrees 00 minutes a distance of 180.00 feet 64.29to an iron pipe monument which marks the point of beginning; thence at a deflection angle 64.30to the left of 80 degrees 56 minutes 00 seconds a distance of 113.20 feet to the southerly 64.31right-of-way of U.S. Highway No. 61; thence at a deflection angle to the right of 84 64.32degrees 18 minutes 00 seconds and southeasterly along the southerly right-of-way line of 64.33said U.S. Highway No. 61 a distance of 147.73 feet; thence at a deflection angle to the 64.34right of 87 degrees 12 minutes 30 seconds a distance of 193.87 feet; thence at a deflection 64.35angle to the right of 88 degrees 45 minutes 30 seconds a distance of 132.18 feet; thence at 64.36a deflection angle to the right of 90 degrees 40 minutes 00 seconds a distance of 93.23 65.1feet; thence at a deflection angle to the left of 90 degrees 00 minutes 00 seconds a distance 65.2of 30.35 feet, more or less, to the point of beginning;65.3(7) that part of Government Lot 1, Section 35, Township 106 North, Range 5 West, 65.4Winona County, Minnesota, which is more particularly bounded and described as follows: 65.5Commencing at the southwest corner of Lot 9 of Block "B" of the Plat of Fern Glen 65.6Acres; thence in a northeasterly direction along the southerly line of said Lot 9 a distance 65.7of 56.00 feet; thence at a deflection angle to the right of 90 degrees 00 minutes a distance 65.8of 180.00 feet; thence at a deflection angle to the left of 9 degrees 04 minutes 00 seconds a 65.9distance of 164.29 feet to an iron pipe monument which marks the point of beginning; 65.10thence at a deflection angle to the left of 89 degrees 25 minutes 30 seconds a distance 65.11of 102.19 feet to the southerly right-of-way line of U.S. Highway No. 61; thence at a 65.12deflection angle to the right of 92 degrees 47 minutes 30 seconds and southeasterly along 65.13the southerly right-of-way line of said U.S. highway a distance of 85.10 feet; thence at a 65.14deflection angle to the right of 87 degrees 12 minutes 30 seconds a distance of 187.89 feet; 65.15thence at a deflection angle to the right of 88 degrees 45 minutes 30 seconds a distance of 65.1685.02 feet; thence at a deflection angle to the right of 91 degrees 14 minutes 30 seconds a 65.17distance of 91.68 feet, more or less, to the point of beginning;65.18(8) that part of Government Lots 1 and 2, Section 35, Township 106, Range 5, 65.19Winona County, Minnesota, described as follows: Commencing at the southwest corner of 65.20Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees 65.21East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an iron 65.22pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe and the 65.23point of beginning; thence South 48 degrees 30 minutes 30 seconds West 107.35 feet to 65.24an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 12.11 65.25feet; thence South 40 degrees 29 minutes 30 seconds East 100.7 feet; thence North 48 65.26degrees 30 minutes 30 seconds East 17.83 feet to an iron pipe; thence continuing North 65.2748 degrees 30 minutes 30 seconds East 111.83 feet to an iron pipe; thence continuing 65.28North 48 degrees 30 minutes 30 seconds East 70.61 feet to an iron pipe at a point on the 65.29southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence along 65.30said southerly boundary line a chord distance of 100.7 feet on a bearing North 40 degrees 65.3129 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 minutes 30 65.32seconds West 80.54 feet to the point of beginning;65.33(9) that part of Government Lots 1 and 2, Section 35, Township 106 North, Range 5 65.34West, Winona County, Minnesota, described as follows: Commencing at the southwest 65.35corner of Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 65.3657 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 66.1feet to an iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet to an iron 66.2pipe; thence South 46 degrees 06 minutes 30 seconds East 101.05 feet to an iron pipe being 66.3the point of beginning; thence South 48 degrees 30 minutes 30 seconds West 111.83 feet to 66.4an iron pipe; thence continuing South 48 degrees 30 minutes 30 seconds West 17.56 feet; 66.5thence South 41 degrees 53 minutes East 192.4 feet; thence North 48 degrees 30 minutes 66.630 seconds East 94.05 feet to an iron pipe; thence continuing North 48 degrees 30 minutes 66.730 seconds East 105.95 feet to an iron pipe at a point on the southerly boundary line of 66.8U.S. Highway No. 61 right-of-way; thence along said southerly boundary line a chord 66.9distance of 192.4 feet on a bearing of North 41 degrees 53 minutes West to an iron pipe; 66.10thence South 48 degrees 30 minutes 30 seconds West 70.61 feet to the point of beginning;66.11(10) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, 66.12Winona County, Minnesota described as follows: Commencing at the southwest corner of 66.13Lot 8 of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 57 degrees 66.14East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 feet to an 66.15iron pipe in place; thence South 42 degrees 04 minutes East 296.1 feet; thence South 46 66.16degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe, the point of beginning; 66.17thence North 48 degrees 30 minutes 30 seconds East 52.45 feet to an iron pipe at a point 66.18on the southerly boundary line of Minnesota Trunk Highway No. 61 right-of-way; thence 66.19along said southerly boundary line a chord distance of 76.80 feet on a bearing of North 66.2043 degrees 09 minutes 30 seconds West to an iron pipe; thence South 48 degrees 30 66.21minutes 30 seconds West 105.95 feet to an iron pipe; thence continuing South 48 degrees 66.2230 minutes 30 seconds West 94.05 feet; thence South 43 degrees 09 minutes 30 seconds 66.23East 76.80 feet; thence North 48 degrees 30 minutes 30 seconds East 55.93 feet to an iron 66.24pipe; thence continuing North 48 degrees 30 minutes 30 seconds East 91.62 feet to the 66.25point of beginning;66.26(11) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, 66.27Winona County, Minnesota described as follows: Commencing at the southwest corner of 66.28Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence North 66.2957 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 217.66 66.30feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron pipe; 66.31thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron pipe which is 66.32the point of beginning; thence South 48 degrees 30 minutes 30 seconds West and along the 66.33south line of the property heretofore conveyed by Deed in Book 237 of Deeds on Page 66.34693, for a distance of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East 66.35127.91 feet; thence North 43 degrees 53 minutes 30 seconds East and along the northerly 66.36line of the property heretofore conveyed by Deed to Vincent Zanon in Book 252 of Deeds 67.1on page 663, for a distance of 200 feet, more or less, to the southerly right-of-way line of 67.2U.S. Highway No. 61; thence North 44 degrees 38 minutes 48 seconds West and along 67.3said southerly right-of-way line of U.S. Highway No. 61 for a distance of 111.94 feet to an 67.4iron pipe in place at the southeast corner of the property heretofore conveyed by Deed in 67.5Book 237 of Deeds on page 693; thence South 48 degrees 30 minutes 30 seconds West 67.652.45 feet, more or less, to the point of beginning;67.7(12) that part of Government Lot 2, Section 35, Township 106 North, Range 5 67.8West, Winona County, Minnesota, described as follows: Commencing at the southwest 67.9corner of Lot 8 of the Plat of Fern Glen Acres; thence South 33 degrees East 82.5 feet; 67.10thence North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds 67.11East 217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to 67.12an iron pipe; thence South 46 degrees 06 minutes 30 seconds East 371.05 feet to an iron 67.13pipe; thence South 48 degrees 30 minutes 30 seconds West and along the south line of the 67.14property heretofore conveyed by Deed in Book 237 of Deeds on page 693, for a distance 67.15of 147.55 feet; thence South 44 degrees 33 minutes 19 seconds East 127.91 feet to the 67.16point of beginning; thence continuing South 44 degrees 33 minutes 19 seconds East 112 67.17feet; thence North 43 degrees 53 minutes 30 seconds East and along the north line of the 67.18property heretofore conveyed by Deed in Book 240 of Deeds on page 367, for a distance 67.19of 200 feet to the southerly right-of-way line of U.S. Highway No. 61; thence North 44 67.20degrees 38 minutes 48 seconds West and along the said southerly right-of-way line of 67.21U.S. Highway No. 61 for a distance of 112 feet; thence South 43 degrees 53 minutes 30 67.22seconds West for a distance of 200 feet, more or less, to the point of beginning; and67.23(13) that part of Government Lot 2, Section 35, Township 106 North, Range 5 West, 67.24Winona County, Minnesota, described as follows: Commencing at the southwest corner 67.25of Lot 8, Block "B" of Fern Glen Acres; thence South 33 degrees East 82.5 feet; thence 67.26North 57 degrees East 24.4 feet; thence South 43 degrees 47 minutes 30 seconds East 67.27217.66 feet to an iron pipe; thence South 42 degrees 04 minutes East 296.1 feet to an iron 67.28pipe; thence South 46 degrees 06 minutes 30 seconds East 599.10 feet to an iron pipe, the 67.29point of beginning; thence North 43 degrees 53 minutes 30 seconds East 46.54 feet to a 67.30point on the southerly boundary line of Trunk Highway No. 61 right-of-way; thence along 67.31said southerly boundary line a chord distance of 73.05 feet, bearing South 46 degrees 00 67.32minutes East; thence continuing along said southerly boundary line South 43 degrees 33 67.33minutes West 10.0 feet; thence continuing along said southerly boundary line a chord 67.34distance of 28.50 feet bearing South 46 degrees 30 minutes East; thence South 45 degrees 67.3500 minutes West 41.95 feet to an iron pipe in place; thence South 33 degrees 32 minutes 67.36West 255.0 feet; thence North 43 degrees 30 minutes 22 seconds West 146.84 feet; thence 68.1North 43 degrees 53 minutes 30 seconds East 184.1 feet to an iron pipe; thence North 43 68.2degrees 53 minutes 30 seconds East 65.9 feet to the point of beginning.68.3    Sec. 8.  REPEALER.68.4Minnesota Statutes 2008, section 97A.056, subdivision 2, is repealed.68.5ARTICLE 468.6LAND SALES68.7    Section 1. Laws 2007, chapter 131, article 2, section 38, is amended to read:68.8    Sec. 38. PUBLIC OR 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 public or 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. If sold by private sale, the commissioner may only sell the land to a 68.16governmental subdivision of the state. If sold by private sale, 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 CONVEYANCE OF SURPLUS STATE LAND; 69.16HENNEPIN COUNTY.69.17    (a) Notwithstanding Minnesota Statutes, sections 
         94.09and 94.10 to 94.16, the 69.18commissioner of natural resources may sell by private sale shall convey to the city of 69.19Wayzata for no consideration 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 to be conveyed 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.69.31EFFECTIVE DATE.This section is effective the day following final enactment.69.32    Sec. 3. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 69.33WATER; AITKIN COUNTY.70.1(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 70.2resources may sell by public sale the surplus land bordering public water that is described 70.3in paragraph (c).70.4(b) The conveyance must be in a form approved by the attorney general. The 70.5attorney general may make necessary changes to the legal description to correct errors 70.6and ensure accuracy.70.7(c) The land that may be sold is located in Aitkin County and is described as:70.8(1) parts of Government Lot 3, Section 33, and the Southeast Quarter of the 70.9Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, Aitkin County, 70.10Minnesota, described as follows:70.11Commencing at the north quarter corner of said Section 33; thence South 88 degrees 70.1207 minutes 19 seconds West, assumed bearing, along the northerly line of said 70.13Government Lot 3, a distance of 1020.00 feet to the point of beginning of the tract to 70.14herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 feet; 70.15thence South 88 degrees 07 minutes 19 seconds West 300 feet; thence South 1 degree 70.1652 minutes 41 seconds East 660.00 feet to the northerly line of said Government Lot 70.173; thence South 88 degrees 07 minutes 19 seconds West 15.08 feet to the northwest 70.18corner of said Government Lot 3; thence South 1 degree 08 minutes 57 seconds East 70.19326.00 feet, more or less, to the shoreline of Big Sandy Lake Reservoir; thence 70.20easterly along the said shoreline to a point which bears South 1 degree 52 minutes 70.2141 seconds East from the point of beginning; thence North 1 degree 52 minutes 41 70.22seconds West 330.00 feet, more or less, to the point of beginning of the tract to 70.23herein be described and there terminating, containing 3.89 acres, more or less; and70.24(2) those parts of Government Lot 3, Section 33 and the Southeast Quarter of the 70.25Southwest Quarter, Section 28, all in Township 50 North, Range 23 West, described 70.26as follows:70.27Commencing at the north quarter corner of said Section 33; thence South 88 degrees 70.2807 minutes 19 seconds West, assumed bearing, along the northerly line of said 70.29Government Lot 3, a distance of 920.00 feet to the point of beginning of the tract 70.30to herein be described; thence North 1 degree 52 minutes 41 seconds West 660.00 70.31feet; thence South 88 degrees 07 minutes 19 seconds West 100.00 feet; thence South 70.321 degree 52 minutes 41 seconds East 990.00 feet, more or less, to the shoreline of 70.33Big Sandy Lake Reservoir; thence easterly along the said shoreline to a point which 70.34bears South 1 degree 52 minutes 41 seconds East from the point of beginning; thence 70.35North 1 degree 52 minutes 41 seconds West 341.60 feet, more or less, to the point of 70.36beginning of the tract to herein be described and there terminating.71.1(d) The land borders Big Sandy Lake. The Department of Natural Resources has 71.2determined that the land is not needed for natural resource purposes.71.3    Sec. 4. PRIVATE SALE OF SURPLUS STATE LAND; ANOKA COUNTY.71.4(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 71.5of natural resources may sell by private sale to the city of Ham Lake the surplus land 71.6that is described in paragraph (c).71.7(b) The conveyance must be in a form approved by the attorney general. The 71.8attorney general may make necessary changes to the legal description to correct errors 71.9and ensure accuracy.71.10(c) The land that may be sold is located in Anoka County and is described as:71.11That part of Government Lot 1, Section 20, Township 32 North, Range 23 West, 71.12described as follows: beginning at the quarter corner on the east line of Section 71.1320, thence northerly along the east line of said Section 20, a distance of 1,250 71.14feet; thence westerly and parallel to the east and west quarter line of Section 20, a 71.15distance of 400 feet; thence southerly and parallel to the east line of Section 20, a 71.16distance of 750 feet; thence westerly and parallel to the east and west quarter line 71.17of Section 20, a distance of 750 feet; thence southerly and parallel to the east line 71.18of Section 20, a distance of 500 feet, to the east and west quarter line of Section 71.1920; thence easterly along the quarter line a distance of 1,150 feet to the point of 71.20beginning, containing 20 acres, more or less.71.21(d) The city of Ham Lake currently leases the state land for a hiking trail in 71.22connection with Anoka County's management of adjacent public lands used for a 71.23county park. The Department of Natural Resources has determined that the state's land 71.24management interests would best be served if the land was conveyed to the city of Ham 71.25Lake.71.26    Sec. 5. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 71.27WATER; BELTRAMI COUNTY.71.28(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 71.29resources may sell by public sale the surplus land bordering public water that is described 71.30in paragraph (c).71.31(b) The conveyance must be in a form approved by the attorney general. The 71.32attorney general may make necessary changes to the legal description to correct errors 71.33and ensure accuracy.72.1(c) The land that may be sold is located in Beltrami County and is described as: 72.2Government Lot 7, Section 25, Township 149 North, Range 33 West, containing 22 acres, 72.3more or less.72.4(d) The land borders Bass Lake. The Department of Natural Resources has 72.5determined that the land is not needed for natural resource purposes.72.6    Sec. 6. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 72.7WATER; BELTRAMI COUNTY.72.8(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 72.9resources may sell by public sale the surplus land bordering public water that is described 72.10in paragraph (c).72.11(b) The conveyance must be in a form approved by the attorney general. The 72.12attorney general may make necessary changes to the legal description to correct errors 72.13and ensure accuracy.72.14(c) The land that may be sold is located in Beltrami County and is described as: the 72.15West Half of the Northwest Quarter, Section 29, Township 147 North, Range 34 West, 72.16containing 80 acres, more or less.72.17(d) The land borders Grant Creek. The Department of Natural Resources has 72.18determined that the land is not needed for natural resource purposes.72.19    Sec. 7. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 72.20WATER; BLUE EARTH COUNTY.72.21(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 72.22resources may sell by public sale the surplus land bordering public water that is described 72.23in paragraph (c).72.24(b) The conveyance must be in a form approved by the attorney general. The 72.25attorney general may make necessary changes to the legal description to correct errors 72.26and ensure accuracy.72.27(c) The land that may be sold is located in Blue Earth County and is described as: 72.28that part of Tracts A, B, C, and D described below:72.29(1) Tract A. That part of the Northwest Quarter of the Northeast Quarter, Section 72.3027, Township 107 North, Range 28 West, Blue Earth County, Minnesota, described 72.31as follows: Beginning at the northwest corner of Block 1, Garden City; thence run 72.32due west to the Watonwan River; thence down the river to the southwest corner of 72.33Block 2 of said Garden City; thence North on the quarter section line to the place 72.34of beginning;73.1(2) Tract B. That part of the South Half of the Southeast Quarter, Section 22, 73.2Township 107 North, Range 28 West, Blue Earth County, Minnesota, described as 73.3follows: Beginning at the northeast corner of Block 12, Garden City; thence run west 73.4to the Watonwan River; thence run North and East up said river to a point due North 73.5of the northeast corner of said Block 12; thence South to the place of beginning;73.6(3) Tract C. Block 1, Block 12, and Lots 1, 2, 6, 7, and 8, Block 11, Garden City, 73.7according to the plat thereof on file and of record in the Office of the County 73.8Recorder in and for Blue Earth County, Minnesota; and73.9(4) Tract D. That part of Lots 1, 2, 3, 6, 7, and 8, Block 2, Plat of Garden City, 73.10shown as Parcel 26E on Minnesota Department of Transportation Right-of-Way Plat 73.11Numbered 07-32 as the same is on file and of record in the Office of the County 73.12Recorder in and for Blue Earth County, Minnesota; which lies westerly of Line 1 73.13described below:73.14Line 1. Commencing at Right-of-Way Boundary Corner B58 as shown on said Plat 73.15No. 07-32; thence run northerly on an azimuth of 00 degrees 09 minutes 20 seconds 73.16along the boundary of said plat for 445.34 feet to Right-of-Way Boundary Corner 73.17B59 and the point of beginning of Line 1 to be described; thence on an azimuth of 80 73.18degrees 48 minutes 11 seconds for 170.80 feet; thence on an azimuth of 17 degrees 73.1941 minutes 10 seconds for 458.72 feet; thence on an azimuth of 14 degrees 14 73.20minutes 23 seconds for 280 feet to Right-of-Way Boundary Corner B32 as shown on 73.21Minnesota Department of Transportation Right-of-Way Plat No. 07-40 as the same 73.22is on file and of record in the office of said county recorder and there terminating;73.23containing 11.69 acres, more or less.73.24(d) The land borders the Watonwan River and is not contiguous to other state lands. 73.25The Department of Natural Resources has determined that the land is not needed for 73.26natural resource purposes.73.27    Sec. 8. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 73.28WATER; CASS COUNTY.73.29(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 73.30resources may sell by public sale the surplus land bordering public water that is described 73.31in paragraph (c).73.32(b) The conveyance must be in a form approved by the attorney general. The 73.33attorney general may make necessary changes to the legal description to correct errors 73.34and ensure accuracy.74.1(c) The land that may be sold is located in Cass County and is described as: Lot 21 74.2of Longwood Point, according to the map or plat thereof on file and of record in the Office 74.3of the County Recorder in and for Cass County, Minnesota, in Section 5, Township 139 74.4North, Range 26 West, containing 3.03 acres, more or less.74.5(d) The land borders Washburn Lake. The Department of Natural Resources has 74.6determined that the land is not needed for natural resource purposes.74.7    Sec. 9. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 74.8WATER; CASS COUNTY.74.9(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 74.10resources may sell by public sale the surplus land bordering public water that is described 74.11in paragraph (c).74.12(b) The conveyance must be in a form approved by the attorney general. The 74.13attorney general may make necessary changes to the legal description to correct errors 74.14and ensure accuracy.74.15(c) The land that may be sold is located in Cass County and is described as: 74.16Government Lots 5 and 6, Section 3, Township 141 North, Range 27 West, containing 74.1781.15 acres, more or less.74.18(d) The land borders Mable Lake and is not contiguous to other state lands. The 74.19Department of Natural Resources has determined that the land is not needed for natural 74.20resource purposes.74.21    Sec. 10. PRIVATE SALE OF SURPLUS LAND; CLEARWATER COUNTY.74.22(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 74.23of natural resources may sell by private sale the surplus land that is described in paragraph 74.24(c).74.25(b) The conveyance must be in a form approved by the attorney general. The 74.26attorney general may make necessary changes to the legal description to correct errors and 74.27ensure accuracy. The commissioner may sell the land to the White Earth Band of Ojibwe 74.28for less than the value of the land as determined by the commissioner, but the conveyance 74.29must provide that the land be used for the public and reverts to the state if the band fails 74.30to provide for public use or abandons the public use of the land. The conveyance may 74.31reserve an easement for ingress and egress.74.32(c) The land that may be sold is located in Clearwater County and is described as: 74.33the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145 74.34North, Range 38 West, containing 6.89 acres, more or less.75.1(d) The Department of Natural Resources has determined that the land and building 75.2are no longer needed for natural resource purposes.75.3    Sec. 11. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 75.4WATER; CROW WING COUNTY.75.5(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 75.6resources may sell by public sale the surplus land bordering public water that is described 75.7in paragraph (c).75.8(b) The conveyance must be in a form approved by the attorney general. The 75.9attorney general may make necessary changes to the legal description to correct errors 75.10and ensure accuracy.75.11(c) The land that may be sold is located in Crow Wing County and is described as:75.12(1) Government Lot 3, Section 9, Township 136 North, Range 28 West, containing 75.1339.25 acres, more or less; and75.14(2) Government Lot 2, Section 9, Township 136 North, Range 28 West, containing 75.1525.3 acres, more or less.75.16(d) The land borders Shaffer Lake and is not contiguous to other state lands. The 75.17Department of Natural Resources has determined that the land is not needed for natural 75.18resource purposes.75.19    Sec. 12. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 75.20WATER; CROW WING COUNTY.75.21(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 75.22resources may sell by public sale the surplus land bordering public water that is described 75.23in paragraph (c).75.24(b) The conveyance must be in a form approved by the attorney general. The 75.25attorney general may make necessary changes to the legal description to correct errors 75.26and ensure accuracy.75.27(c) The land that may be sold is located in Crow Wing County and is described 75.28as: the North 1,000 feet of Government Lot 3, Section 25, Township 136 North, Range 75.2927 West, excepting that portion which lies North and East of F.A.S #11, containing 32 75.30acres, more or less.75.31(d) The land borders the Pine River. The Department of Natural Resources has 75.32determined that the land is not needed for natural resource purposes.75.33    Sec. 13. PRIVATE SALE OF SURPLUS LAND; FILLMORE COUNTY.76.1(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 76.2of natural resources may sell by private sale the surplus land that is described in paragraph 76.3(c).76.4(b) The conveyance must be in a form approved by the attorney general. The 76.5attorney general may make necessary changes to the legal description to correct errors 76.6and ensure accuracy.76.7(c) The land that may be sold is located in Fillmore County and is described as:76.8That part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 76.9103 North, Range 10 West, described as follows: commencing at the northeast 76.10corner of the North Half of the Northwest Quarter of said Section 2; thence on 76.11an assumed bearing of South 89 degrees 22 minutes 48 seconds West, along the 76.12north line of said North Half of the Northwest Quarter, 500.09 feet; thence South 76.1333 degrees 21 minutes 11 seconds West, 1,520.38 feet; thence North 00 degrees 76.1437 minutes 12 seconds West, 540.85 feet; thence south 89 degrees 22 minutes 48 76.15seconds West, 630.00 feet to the point of beginning of the land to be described; 76.16thence North 00 degrees 37 minutes 12 seconds West, 551.74 feet to the center line 76.17of Goodview Drive; thence North 89 degrees 03 minutes 27 seconds West, along 76.18said center line 77.26 feet; thence South 89 degrees 52 minutes 18 seconds West, 76.19along said center line, 162.78 feet; thence South 25 degrees 32 minutes 45 seconds 76.20West, 82.13 feet; thence South 20 degrees 17 minutes 19 seconds West, 169.57 76.21feet; thence South 18 degrees 48 minutes 07 seconds West, 143.54 feet; thence 76.22South 26 degrees 31 minutes 49 seconds West, 211.00 feet; thence North 89 degrees 76.2322 minutes 48 seconds East, 480.75 feet to the point of beginning. Subject to the 76.24right-of-way of said Goodview Drive. Containing 4.53 acres, more or less.76.25(d) The sale would be to the Eagle Bluff Environmental Learning Center for 76.26installation of a geothermal heating system for the center's adjacent educational facilities. 76.27The Department of Natural Resources has determined that the land is not needed for 76.28natural resource purposes.76.29    Sec. 14. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC 76.30WATER; HENNEPIN COUNTY.76.31(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 76.32commissioner of natural resources may sell by private sale to the city of St. Louis Park the 76.33surplus land that is described in paragraph (c).76.34(b) The conveyance must be in a form approved by the attorney general. The 76.35attorney general may make necessary changes to the legal description to correct errors and 77.1ensure accuracy. The commissioner may sell to the city of St. Louis Park for less than the 77.2value of the land as determined by the commissioner, but the conveyance must provide 77.3that the land described in paragraph (c) be used for the public and reverts to the state if the 77.4city of St. Louis Park fails to provide for public use or abandons the public use of the land.77.5(c) The land that may be sold is located in Hennepin County and is described as:77.6A strip of land 130 feet wide in the Southeast Quarter of the Northwest Quarter of 77.7Section 20, Township 117 North, Range 21 West, the center line of which strip 77.8has its beginning at a point on the west boundary of said Southeast Quarter of the 77.9Northwest Quarter, and 753.8 feet distant from the south boundary line of said 77.10Southeast Quarter of the Northwest Quarter, and continued thence east on a line 77.11parallel with the south boundary line of said Southeast Quarter of the Northwest 77.12Quarter for a distance of 1,012 feet, containing 3.02 acres, more or less.77.13(d) The land is adjacent to Minnehaha Creek and adjacent to other lands managed 77.14by the city of St. Louis Park. The Department of Natural Resources has determined that 77.15the state's land management interest would best be served if the land were conveyed to 77.16the city of St. Louis Park.77.17    Sec. 15. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 77.18WATER; HUBBARD COUNTY.77.19(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 77.20resources may sell by public sale the surplus land bordering public water that is described 77.21in paragraph (c).77.22(b) The conveyance must be in a form approved by the attorney general. The 77.23attorney general may make necessary changes to the legal description to correct errors 77.24and ensure accuracy.77.25(c) The land that may be sold is located in Hubbard County and is described as: those 77.26parts of Government Lot 4 and the Southwest Quarter of the Southwest Quarter, Section 77.2716, Township 143 North, Range 34 West, Hubbard County, Minnesota, lying southerly 77.28and easterly of Minnesota Department of Transportation Right-of-Way Plat Numbered 77.2929-18 and Minnesota Department of Transportation Right-of-Way Plat Numbered 29-2 77.30as the same is on file and of record in the Office of the County Recorder for Hubbard 77.31County, Minnesota, and lying westerly of the East 600 feet of said Government Lot 4, 77.32containing 14.6 acres, more or less.77.33(d) The land borders Lake Paine. The Department of Natural Resources has 77.34determined that the land is not needed for natural resource purposes.78.1    Sec. 16. APPORTIONMENT OF PROCEEDS; TAX-FORFEITED LANDS; 78.2ITASCA COUNTY.78.3Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other 78.4law relating to the apportionment of proceeds from the sale of tax-forfeited land, Itasca 78.5County may deposit proceeds from the sale of tax-forfeited lands into a tax-forfeited 78.6land replacement trust fund created in Laws 2006, chapter 236, article 1, section 43, as 78.7amended by Laws 2008, chapter 368, article 1, section 18. The principal and interest from 78.8these proceeds may be spent only on the purchase of lands to replace the tax-forfeited 78.9lands sold to Minnesota Steel Industries or for lands better suited for retention by Itasca 78.10County. Lands purchased with the land replacement fund must:78.11(1) become subject to trust in favor of the governmental subdivision wherein they lie 78.12and all laws related to tax-forfeited lands; and78.13(2) be for forest management purposes and dedicated as memorial forest under 78.14Minnesota Statutes, section 459.06, subdivision 2.78.15    Sec. 17. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 78.16WATER; ITASCA COUNTY.78.17(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 78.18resources may sell by public sale the surplus land bordering public water that is described 78.19in paragraph (c).78.20(b) The conveyance must be in a form approved by the attorney general. The 78.21attorney general may make necessary changes to the legal description to correct errors 78.22and ensure accuracy.78.23(c) The land that may be sold is located in Itasca County and is described as: Lot 78.2423, Eagle Point Plat, Section 11, Township 59 North, Range 25 West, containing 0.31 78.25acres, more or less.78.26(d) The land borders Eagle Lake and is not contiguous to other state lands. The 78.27Department of Natural Resources has determined that the land is not needed for natural 78.28resource purposes.78.29    Sec. 18. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 78.30WATER; KITTSON COUNTY.78.31(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 78.32Kittson County  may sell the tax-forfeited land bordering public water that is described in 78.33paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.79.1(b) The conveyance must be in a form approved by the attorney general. The attorney 79.2general may make changes to the land description to correct errors and ensure accuracy.79.3(c) The land to be sold is located in Kittson County and is described as: that certain 79.4parcel situate in the Southwest Quarter of Section 10; Township 163 North, Range 48 79.5West, described as follows: beginning at the southeast corner of said Southwest Quarter 79.6of said Section 10; thence West along the south boundary line of said Southwest Quarter 79.7a distance of 1,900 feet; thence North and parallel to the east boundary line of said 79.8Southwest Quarter a distance of 1,050 feet; thence East and parallel to the south boundary 79.9line of said Southwest Quarter a distance of 750 feet; thence southeasterly in a straight 79.10line to the point of beginning.79.11(d) The county has determined that the county's land management interests would be 79.12best served if the lands were returned to private ownership.79.13    Sec. 19. PRIVATE SALE OF SURPLUS STATE LAND; MURRAY COUNTY.79.14(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 79.15of natural resources may sell by private sale to the township of Murray the surplus land 79.16that is described in paragraph (c).79.17(b) The conveyance must be in a form approved by the attorney general and may be 79.18for consideration less than the appraised value of the land. The attorney general may make 79.19necessary changes to the legal description to correct errors and ensure accuracy.79.20(c) The land to be sold is located in Murray County and is described as: that part of 79.21Government Lot 6, that part of Government Lot 7, and that part of Government Lot 8 of 79.22Section 6, Township 107 North, Range 40 West, and that part of Government Lot 1 and 79.23that part of Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray 79.24County, Minnesota, described as follows: Commencing at the east quarter corner of said 79.25Section 6; thence on a bearing based on the 1983 Murray County Coordinate System (1996 79.26Adjustment), of South 00 degrees 17 minutes 23 seconds East 1247.75 feet along the east 79.27line of said Section 6; thence South 88 degrees 39 minutes 00 seconds West 1942.74 feet; 79.28thence South 03 degrees 33 minutes 00 seconds West 94.92 feet to the northeast corner of 79.29Block 5 of FORMAN ACRES, according to the recorded plat thereof on file and of record 79.30in the Murray County Recorder's Office; thence South 14 degrees 34 minutes 00 seconds 79.31West 525.30 feet along the easterly line of said Block 5 and along the easterly line of the 79.32private roadway of FORMAN ACRES to the southeasterly corner of said private roadway 79.33and the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 79.34796.30 feet along the southerly line of said private roadway to an angle point on said line 79.35and an existing 1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds 80.1West 100.06 feet along the southerly line of said private roadway to an angle point on said 80.2line and an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds 80.3West 279.60 feet along the southerly line of said private roadway to an angle point on said 80.4line; thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly 80.5line of said private roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN 80.6DNR LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 80.7470.40 feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 80.8feet to a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to 80.9a DNR MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east 80.10line of Lot A of Lot 1 of LOT A OF GOVERNMENT LOT 8, OF SECTION 6 AND LOT 80.11A OF GOVERNMENT LOT 1, OF SECTION 7, TOWNSHIP 107, RANGE 40, according 80.12to the recorded plat thereof on file and of record in the Murray County Recorder's Office 80.13and a DNR MON; thence South 14 degrees 28 minutes 55 seconds West 71.98 feet along 80.14the east line of said Lot A to the northerly most corner of Lot 36 of HUDSON ACRES, 80.15according to the record plat thereof on file and of record in the Murray County Recorder's 80.16Office and an existing steel fence post; thence South 51 degrees 37 minutes 05 seconds 80.17East 418.97 feet along the northeasterly line of said Lot 36 and along the northeasterly line 80.18of Lots 35, 34, 33, 32 of HUDSON ACRES to an existing 1-inch inside diameter iron 80.19pipe marking the easterly most corner of Lot 32 and the most northerly corner of Lot 31A 80.20of HUDSON ACRES; thence South 48 degrees 33 minutes 10 seconds East 298.26 feet 80.21along the northeasterly line of said Lot 31A to an existing 1 1/2-inch inside diameter iron 80.22pipe marking the easterly most corner thereof and the most northerly corner of Lot 31 of 80.23HUDSON ACRES; thence South 33 degrees 53 minute 30 seconds East 224.96 feet along 80.24the northeasterly line of said Lot 31 and along the northeasterly line of Lots 30 and 29 of 80.25HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly 80.26most corner of said Lot 29 and the most northerly corner of Lot 28 of HUDSON ACRES; 80.27thence South 45 degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly 80.28line of said Lot 28 and along the northeasterly line of Lots 27, 26, 25, 24 of HUDSON 80.29ACRES to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most 80.30corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON ACRES; 80.31thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the northeasterly 80.32line of said Lot 23 and along the northeasterly line of Lots 22 and 21 of HUDSON ACRES 80.33to an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said 80.34Lot 21 and the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39 80.35degrees 49 minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20 80.36and along the northeasterly line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to 81.1an existing 1 1/2-inch inside diameter iron pipe marking the easterly most corner of said 81.2Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence South 55 81.3degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly line of said Lot 13 81.4and along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing 1 81.51/2-inch inside diameter iron pipe marking the easterly most corner of said Lot 11 and the 81.6northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees 03 minutes 81.749 seconds East 224.90 feet along the north line of said Lot 10 and along the north line 81.8of Lots 9 and 8 of HUDSON ACRES to an existing 1 1/2-inch inside diameter iron pipe 81.9marking the northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON 81.10ACRES; thence North 84 degrees 07 minutes 37 seconds East 525.01 feet along the north 81.11line of said Lot 7 and along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to 81.12an existing 1 1/2-inch inside diameter iron pipe marking the northeast corner of said Lot 1 81.13of HUDSON ACRES; thence southeasterly, easterly, and northerly along a nontangential 81.14curve concave to the North having a radius of 50.00 feet, central angle 138 degrees 42 81.15minutes 00 seconds, a distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 81.16seconds East; thence continuing northwesterly and westerly along the previously described 81.17curve concave to the South having a radius of 50.00 feet, central angle 138 degrees 42 81.18minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 81.19seconds West and a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not 81.20tangent to said curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 81.21seconds West 201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds 81.22West 196.66 feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 81.23530.34 feet to a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 81.24feet to a DNR MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet 81.25to a DNR MON; thence North 33 degrees 53 minutes 30 seconds West 226.66 feet to a 81.26DNR MON; thence North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR 81.27MON; thence North 08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; 81.28thence North 24 degrees 09 minutes 57 seconds East 257.86 feet to a DNR MON; thence 81.29North 16 degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North 81.3076 degrees 04 minutes 52 seconds East 715.53 feet to a DNR MON; thence North 33 81.31degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 81.3228 minutes 26 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 81.33minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes 81.3407 seconds East 26.00 feet to the point of beginning; containing 7.55 acres.82.1(d) The Department of Natural Resources has determined that the state's land 82.2management interests would best be served if the lands were conveyed to the township 82.3of Murray.82.4    Sec. 20. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC 82.5WATER; RED LAKE COUNTY.82.6(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 82.7and the public sale provisions of Minnesota Statutes, chapter 282, Red Lake County may 82.8convey to the city of Red Lake Falls for no consideration the tax-forfeited land bordering 82.9public water that is described in paragraph (c).82.10(b) The conveyance must be in a form approved by the attorney general and provide 82.11that the land reverts to the state if the city of Red Lake Falls fails to provide for the public 82.12use described in paragraph (d) or abandons the public use of the land. The attorney general 82.13may make necessary changes to the legal description to correct errors and ensure accuracy.82.14(c) The land that may be conveyed is located in Red Lake County and is described as 82.15follows: all that part of Block 5 which lies North of Block 6 and West of a line which 82.16is a projection northerly of the west line of Lot 11 of said Block 6, all in Mill Reserve 82.17Addition, containing approximately 500 feet frontage on the Clearwater River.82.18(d) The city will use the land to establish a public park.82.19    Sec. 21. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 82.20WATER; ST. LOUIS COUNTY.82.21(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 82.22resources may sell by public sale the surplus land bordering public water that is described 82.23in paragraph (c).82.24(b) The conveyance must be in a form approved by the attorney general. The 82.25attorney general may make necessary changes to the legal description to correct errors 82.26and ensure accuracy.82.27(c) The land that may be sold is located in St. Louis County and is described as: 82.28Government Lot 4, Section 36, Township 58 North, Range 16 West, St. Louis County, 82.29Minnesota, EXCEPTING therefrom that part platted as SILVER LAKE SHORES 82.30according to the plat on file and of record in the Office of the Recorder for St. Louis 82.31County, Minnesota, containing 7.88 acres, more or less.82.32(d) The land borders Silver Lake and is not contiguous to other state lands. The 82.33Department of Natural Resources has determined that the land is not needed for natural 82.34resource purposes.83.1    Sec. 22. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 83.2WATER; ST. LOUIS COUNTY.83.3(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 83.4resources may sell by public sale the surplus land bordering public water that is described 83.5in paragraph (c).83.6(b) The conveyance must be in a form approved by the attorney general. The 83.7attorney general may make necessary changes to the legal description to correct errors 83.8and ensure accuracy. The commissioner may not sell any part of the land described in 83.9paragraph (c) that is being used for airport purposes by the city of Eveleth or is proposed 83.10to be used for airport purposes by the city of Eveleth.83.11(c) The land that may be sold is located in St. Louis County and is described as: 83.12the Northeast Quarter of the Northwest Quarter, Section 16, Township 57 North, Range 83.1317 West, St. Louis County, Minnesota, except that part of the North 10 feet thereof lying 83.14East of St. Mary's Lake and also except that part lying East of County State-Aid Highway 83.15132, containing 26.5 acres, more or less.83.16(d) The land borders St. Mary's Lake and is not contiguous to other state lands. The 83.17Department of Natural Resources has determined that the land is not needed for natural 83.18resource purposes.83.19    Sec. 23. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 83.20WATER; ST. LOUIS COUNTY.83.21(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 83.22St. Louis County may sell the tax-forfeited land bordering public water that is described 83.23in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.83.24(b) The conveyances must be in a form approved by the attorney general. The 83.25attorney general may make changes to the land description to correct errors and ensure 83.26accuracy. The conveyances must include any easements or deed restrictions specified in 83.27paragraph (c).83.28(c) The lands to be sold are located in St. Louis County and are described as:83.29(1) the East Half of the East Half of the Southwest Quarter of the Southwest Quarter, 83.30Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, 83.31for no consideration, an easement to the state that is 75 feet in width on each side of the 83.32centerline of East Branch Chester Creek, to provide riparian protection and angler access;83.33(2) the East Half of the East Half of the Southeast Quarter of the Southwest Quarter, 83.34Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, 84.1for no consideration, an easement to the state that is 75 feet in width on each side of the 84.2centerline of East Branch Chester Creek, to provide riparian protection and angler access;84.3(3) the West Half of the East Half of the Southeast Quarter of the Southwest Quarter, 84.4Section 5, Township 50 North, Range 14 West. Conveyance of this land must provide, 84.5for no consideration, an easement to the state that is 75 feet in width on each side of the 84.6centerline of East Branch Chester Creek, to provide riparian protection and angler access;84.7(4) the West Half of the East Half of the Northwest Quarter of the Southwest Quarter 84.8and the West Half of the East Half of the Southwest Quarter of the Southwest Quarter, 84.9Section 4, Township 51 North, Range 17 West;84.10(5) all that part or strip lying North of the Savanna River, about 3 to 4 acres of the 84.11Southeast Quarter of the Northeast Quarter, Section 7, Township 51 North, Range 20 West;84.12(6) Government Lot 1, Section 18, Township 53 North, Range 18 West;84.13(7) the Southwest Quarter of the Southeast Quarter, Section 34, Township 53 North, 84.14Range 19 West;84.15(8) Lot 2, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54 84.16North, Range 16 West;84.17(9) Lot 4, Jingwak Beach 1st Addition, town of Cotton, Section 20, Township 54 84.18North, Range 16 West;84.19(10) Lots 1, 2, 3, and 4, 1st Addition to Strand Lake, Section 20, Township 54 84.20North, Range 16 West;84.21(11) the Southeast Quarter of the Southwest Quarter, Section 1, Township 55 North, 84.22Range 20 East. Conveyance of this land must provide, for no consideration, an easement 84.23to the state that is 75 feet in width on each side of the centerline of East Swan River, to 84.24provide riparian protection and angler access;84.25(12) that part of the Northeast Quarter of the Northwest Quarter beginning at the 84.26intersection of the east line of Highway 4 with the north line of the Northeast Quarter of 84.27the Northwest Quarter; thence South 500 feet; thence East 350 feet; thence North 500 feet; 84.28thence West 350 feet to the point of beginning, Section 19, Township 57 North, Range 84.2915 West. Conveyance of this land must provide, for no consideration, an easement to the 84.30state that is 75 feet in width on each side of the centerline of the unnamed stream, to 84.31provide riparian protection and angler access. Where there is less than 75 feet from the 84.32centerline of the stream channel to the north property line, the easement shall be granted to 84.33the north property line;84.34(13) the West Half of Lot 1, Section 22, Township 58 North, Range 16 West. 84.35Conveyance of this land must provide, for no consideration, a 33-foot road easement to the 84.36state for access to Black Lake. The conveyance must include a deed restriction prohibiting 85.1buildings, structures, tree cutting, removal of vegetation, and shoreland alterations across 85.2a 75-foot strip from the ordinary high water mark, except a 15-foot strip is allowed for 85.3lake access and a dock; and85.4(14) the South Half of the Northwest Quarter of the Northwest Quarter, except the 85.5North Half of the Southwest Quarter, Section 32, Township 62 North, Range 18 West. 85.6Conveyance of this land must provide, for no consideration, an easement to the state 85.7that is 105 feet in width on each side of the centerline of Rice River, to provide riparian 85.8protection and angler access.85.9(d) The county has determined that the county's land management interests would 85.10best be served if the lands were returned to private ownership.85.11    Sec. 24. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC 85.12WATER; ST. LOUIS COUNTY.85.13(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 85.141, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County 85.15may sell by private sale the tax-forfeited land bordering public water that is described in 85.16paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.85.17(b) The conveyances must be in a form approved by the attorney general. The 85.18attorney general may make changes to the land description to correct errors and ensure 85.19accuracy. The conveyances must include any easements or deed restrictions specified in 85.20paragraph (c).85.21(c) The lands to be sold are located in St. Louis County and are described as:85.22(1) an undivided 1369/68040 interest, Lot 8, Section 16, Township 50 North, Range 85.2317 West;85.24(2) an undivided 1470/10080 interest, Lot 5, Section 17, Township 50 North, Range 85.2517 West;85.26(3) an undivided 23/288 interest, Northeast Quarter of the Northeast Quarter, Section 85.2721, Township 50 North, Range 17 West;85.28(4) an undivided 23/288 interest, Northwest Quarter of the Northeast Quarter, 85.29Section 21, Township 50 North, Range 17 West; 85.30(5) the easterly 200 feet of the Northwest Quarter of the Southeast Quarter lying 85.31South of the river, Section 21, Township 58 North, Range 15 West. The conveyance 85.32must include a deed restriction that limits removal of live trees, shrubs, and green plants 85.33to 25 percent of the parcel; and85.34(6) that part of Lot 7 beginning at a point 530 feet East of the southwest corner; 85.35thence North 30 degrees East 208 feet; thence North 55 degrees East 198 feet; thence 10 86.1feet more or less on the same line to the waters edge; thence South along the waters 86.2edge to the south boundary line of Lot 7; thence 10 feet West; thence West on the same 86.3line 198 feet to the point of beginning, Section 5, Township 62 North, Range 16 West. 86.4The conveyance must include a deed restriction prohibiting buildings, structures, tree 86.5cutting, removal of vegetation, and shoreland alterations across a 75-foot strip from the 86.6ordinary high water mark.86.7(d) The county has determined that the county's land management interests would 86.8best be served if the lands were returned to private ownership.86.9    Sec. 25. PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND 86.10BORDERING PUBLIC WATER; ST. LOUIS COUNTY.86.11(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 86.12and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may 86.13sell by public or private sale the tax-forfeited land bordering public water that is described 86.14in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.86.15(b) The conveyance must be in a form approved by the attorney general. The attorney 86.16general may make changes to the land description to correct errors and ensure accuracy.86.17(c) The land to be sold is located in St. Louis County and is described as: Lot 5, 86.18Block 1, Williams Lakeview, town of Great Scott, Section 34, Township 60 North, Range 86.1919 West.86.20(d) The county has determined that the county's land management interests would 86.21best be served if the lands were returned to private ownership.86.22    Sec. 26. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC 86.23WATER; SHERBURNE COUNTY.86.24(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural 86.25resources may sell by public sale the surplus land bordering public water that is described 86.26in paragraph (c).86.27(b) The conveyance must be in a form approved by the attorney general. The 86.28attorney general may make necessary changes to the legal description to correct errors 86.29and ensure accuracy.86.30(c) The land that may be sold is located in Sherburne County and is described as: the 86.31Northeast Quarter of the Southwest Quarter, Section 16, Township 33 North, Range 27 86.32West, containing 40 acres, more or less.87.1(d) The land borders Elk River and is not contiguous to other state lands. The 87.2Department of Natural Resources has determined that the land is not needed for natural 87.3resource purposes.87.4    Sec. 27. PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER; 87.5TODD COUNTY.87.6(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 87.7commissioner of natural resources may sell by private sale the surplus land that is 87.8described in paragraph (c). Notwithstanding Minnesota Statutes, section 97A.135, 87.9subdivision 2a, the surplus land described in paragraph (c) is vacated from the Grey 87.10Eagle Wildlife Management Area upon sale.87.11(b) The conveyance must be in a form approved by the attorney general. The 87.12attorney general may make necessary changes to the legal description to correct errors 87.13and ensure accuracy.87.14(c) The land that may be sold is located in Todd County and is described as: the 87.15East 50.00 feet of the South 165.00 feet of Government Lot 3, Section 16, Township 127 87.16North, Range 33 West, Todd County, Minnesota, containing 0.19 acres, more or less.87.17(d) The sale would resolve an unintentional trespass by the adjacent owner. While 87.18Lot 3 of Section 16, Township 127 North, Range 33 West, borders Bunker Lake, the 87.19portion of Lot 3 to be sold does not border public waters. The Department of Natural 87.20Resources has determined that the land is not needed for natural resource purposes.87.21    Sec. 28. PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON 87.22COUNTY.87.23(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 87.24of natural resources may sell by private sale the surplus land that is described in paragraph 87.25(c).87.26(b) The conveyance must be in a form approved by the attorney general and may be 87.27for consideration less than the appraised value of the land. The attorney general may make 87.28necessary changes to the legal description to correct errors and ensure accuracy.87.29(c) The land to be sold is located in Washington County and is described as:87.30(1) that part of the Southwest Quarter of the Southeast Quarter of Section 3, 87.31Township 27, Range 20, Washington County, Minnesota that lies South of the North 800 87.32feet thereof and North of the following described line: Commencing at a point 800 feet 87.33South of the northwest corner of said Southwest Quarter of the Southeast Quarter; thence 87.34154 feet East; thence 228 feet East; thence South 430 feet; thence East 930.58 feet; thence 88.1North 430 feet, to the point of beginning of the line to be described; thence West to the 88.2point of commencement and said line there terminating; and88.3(2) that part of the North 208 feet of the South 866 feet of the East 208 feet of 88.4the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 20, 88.5Washington County, Minnesota that lies northwesterly of the following described line: 88.6Commencing at the northwest corner of the Southeast Quarter of the Southeast Quarter of 88.7said Section 3; thence South along the west line of said Southeast Quarter of the Southeast 88.8Quarter, a distance of 900 feet; thence easterly, at a right angle, a distance of 660 feet, to 88.9the point of beginning of the line to be described; thence northeasterly to a point on the 88.10east line of said Southeast Quarter of the Southeast Quarter distant 275 feet South of the 88.11northeast corner thereof, and said line there terminating.88.12(d) The Department of Natural Resources has determined that the state's land 88.13management interests would best be served if the land were conveyed to the adjacent 88.14landowner.88.15    Sec. 29. EFFECTIVE DATE.88.16Sections 1 to 28 are effective the day following final enactment.88.17ARTICLE 588.18FOREST MANAGEMENT88.19    Section 1. APPRAISED VALUE TIMBER SALES; FISCAL YEARS 2010 AND 88.202011.88.21(a) During fiscal years 2010 and 2011, the commissioner of natural resources shall 88.22increase the amount of timber products sold from state lands under permits based solely 88.23on the appraiser's estimate of the timber volume described in the permit, as provided in 88.24Minnesota Statutes, section 90.14, paragraph (c).88.25(b) The commissioner shall evaluate sales of timber under paragraph (a) and other 88.26methods used to sell cut forest products from state lands to identify the method, or 88.27combination of methods, that is most efficient and effective in protecting the fiduciary 88.28interest of the state, including the permanent school fund.88.29(c) By January 15, 2011, the commissioner shall report to the house and senate 88.30natural resources policy and finance committees and divisions on the findings of the 88.31evaluation process completed under paragraph (b).88.32    Sec. 2. FOREST MANAGEMENT LEASE-PILOT PROJECT.89.1(a) Notwithstanding the permit procedures of Minnesota Statutes, chapter 90, the 89.2commissioner of natural resources may lease up to 10,000 acres of state-owned forest 89.3lands for forest management purposes for a term not to exceed 21 years. No person or 89.4entity may lease more than 2,000 acres. The lease shall provide:89.5(1) that the lessee must comply with timber harvesting and forest management 89.6guidelines developed under Minnesota Statutes, section 89A.05, and landscape-level plans 89.7under Minnesota Statutes, section 89A.06, that have been adopted by the Minnesota Forest 89.8Resources Council, and in effect at the time of any management activity; and 89.9(2) for public access to the leased land that is the same as would be available under 89.10state management.89.11(b) For the purposes of this section, the term "state-owned forest lands" may include 89.12school trust lands as defined in Minnesota Statutes, section 92.025, or university land 89.13granted to the state by Acts of Congress.89.14(c) By December 15, 2009, the commissioner of natural resources shall provide 89.15a report to the house and senate natural resources policy and finance committees and 89.16divisions on the pilot project. The report will detail a plan for the implementation of the 89.17pilot project with a starting date that is no later than July 1, 2010.89.18(d) Upon implementation of the pilot project, the commissioner shall provide an 89.19annual report to the house and senate natural resources policy and finance committees and 89.20divisions on the progress of the project, including the acres leased, a breakdown of the 89.21types of forest land, and amounts harvested by species. The report shall include a net 89.22revenue analysis comparing the lease revenue with the estimated net revenue that would 89.23be obtained through state management and silvicultural practices cost savings the state 89.24realizes through leasing.89.25(e) Nothing in this section supersedes the duties of the commissioner of natural 89.26resources to properly manage forest lands under the authority of the commissioner, as 89.27defined in Minnesota Statutes, section 89.001, subdivision 13.