1.1 	A bill for an act
1.2 	relating to state government; appropriating money for environment, natural 
1.3 	resources, and tourism purposes; modifying fees; creating accounts; providing for 
1.4 	disposition of certain receipts; modifying grant, contract, and lease provisions; 
1.5 	modifying land, water, forest, and park management; modifying provisions to take, 
1.6 	possess, and transport wildlife; modifying duties and authority; modifying buffer 
1.7 	requirements; modifying wetland replacement and evaluation requirements; 
1.8 	modifying permit and license requirements; modifying Petroleum Tank Release 
1.9 	Cleanup Act; establishing a water quality improvement goal; extending ban on 
1.10 	open air swine basins; modifying certain local authority; requiring agreements; 
1.11 	modifying environmental review; modifying appeal provisions; modifying 
1.12 	Environmental Quality Board; requiring reports; removing certain mandatory 
1.13 	rulemaking requirements; requiring rulemaking;amending Minnesota Statutes 
1.14 	2016, sections 84.01, by adding a subdivision; 84.027, subdivisions 14a, 14b, by 
1.15 	adding subdivisions; 84.788, subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, 
1.16 	subdivision 2; 84.925, subdivision 1; 84.9256, subdivision 1; 84.946, subdivision 
1.17 	2, by adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 
1.18 	3, 4; 84D.04, subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by 
1.19 	adding a subdivision; 84D.11, by adding a subdivision; 85.0505, by adding a 
1.20 	subdivision; 85.053, subdivisions 8, 10; 85.054, by adding a subdivision; 85.22, 
1.21 	subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision 
1.22 	1; 86B.511; 86B.701, subdivision 3; 88.523; 89.39; 90.01, subdivisions 8, 12, by 
1.23 	adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14; 
1.24 	90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25, subdivision 
1.25 	2; 93.47, subdivision 4; 93.50; 94.343, subdivision 9; 94.344, subdivision 9; 
1.26 	97A.015, subdivisions 39, 43, 45, 52, 53, by adding a subdivision; 97A.045, 
1.27 	subdivision 10; 97A.075, subdivision 1; 97B.031, subdivision 6; 97B.071; 97B.405; 
1.28 	97B.431; 97B.655, subdivision 1; 97C.315, subdivision 1; 97C.355, subdivision 
1.29 	2a; 97C.401, subdivision 2; 97C.501, subdivision 1; 97C.515, subdivision 2; 
1.30 	97C.701, by adding a subdivision; 103B.101, subdivision 12a; 103F.411, 
1.31 	subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005, subdivisions 10b, 10h, by 
1.32 	adding a subdivision; 103G.222, subdivisions 1, 3; 103G.223; 103G.2242, 
1.33 	subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1, 6a, 7, by 
1.34 	adding a subdivision; 103G.287, subdivisions 1, 4; 103G.289; 103G.411; 114D.25, 
1.35 	by adding a subdivision; 115B.39, subdivision 2; 115B.40, subdivision 4; 115C.021, 
1.36 	subdivision 1, by adding a subdivision; 116.03, subdivision 2b, by adding a 
1.37 	subdivision; 116.07, subdivision 4d, by adding subdivisions; 116.0714; 116C.03, 
1.38 	subdivision 2; 116D.04, subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 
1.39 	282.018, subdivision 1; 282.04, subdivision 1; Laws 2000, chapter 486, section 
2.1 	4, as amended; Laws 2013, chapter 114, article 4, section 105; Laws 2016, chapter 
2.2 	189, article 3, sections 3, subdivision 3; 6; proposing coding for new law in 
2.3 	Minnesota Statutes, chapters 85; 97B; 103A; 115; 116; 471; repealing Minnesota 
2.4 	Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 97C.701, 
2.5 	subdivisions 1a, 6; 97C.705; 97C.711; Minnesota Rules, parts 6258.0100; 
2.6 	6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 
2.7 	1, 4, 5; 6258.0800; 6258.0900.
2.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.9 	ARTICLE 1
2.10 	ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

2.11	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
 	
2.12 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
2.13 	and for the purposes specified in this article. The appropriations are from the general fund, 
2.14 	or another named fund, and are available for the fiscal years indicated for each purpose. 
2.15 	The figures "2018" and "2019" used in this article mean that the appropriations listed under 
2.16 	them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. 
2.17 	"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" 
2.18 	is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are 
2.19 	effective the day following final enactment.

2.20				APPROPRIATIONS
	
2.21				Available for the Year
	
2.22				Ending June 30
	
2.23					2018
		2019

2.24	Sec. 2. POLLUTION CONTROL AGENCY

2.25	Subdivision 1.Total Appropriation
 	$
	90,108,000
	$
	90,788,000

2.26	Appropriations by Fund
	
2.27		2018
	2019
	
2.28	General
	818,000
	818,000
	
2.29	State Government
	.......
	.......
	
2.30	Special Revenue
	75,000
	75,000
	
2.31	Environmental
	78,781,000
	78,461,000
	
2.32	Remediation
	11,434,000
	11,434,000

2.33	Subd. 2.Environmental Analysis and Outcomes
 		11,619,000
		11,619,000

2.34	Appropriations by Fund
	
2.35		2018
	2019
	
3.1	General
	818,000
	818,000
	
3.2	Environmental
	10,620,000
	10,620,000
	
3.3	Remediation
	181,000
	181,000
	
3.4 	(a) $88,000 the first year and $88,000 the 
3.5 	second year are from the environmental fund 
3.6 	for:
3.7 	(1) a municipal liaison to assist municipalities 
3.8 	in implementing and participating in the water 
3.9 	quality standards rulemaking process and 
3.10 	navigating the NPDES/SDS permitting 
3.11 	process;
3.12 	(2) enhanced economic analysis in the water 
3.13 	quality standards rulemaking process, 
3.14 	including more specific analysis and 
3.15 	identification of cost-effective permitting;
3.16 	(3) development of statewide economic 
3.17 	analyses and templates to reduce the amount 
3.18 	of information and time required for 
3.19 	municipalities to apply for variances from 
3.20 	water quality standards; and
3.21 	(4) coordinating with the Public Facilities 
3.22 	Authority to identify and advocate for the 
3.23 	resources needed for municipalities to achieve 
3.24 	permit requirements.
3.25 	(b) $204,000 the first year and $204,000 the 
3.26 	second year are from the environmental fund 
3.27 	for a statewide monitoring program under 
3.28 	Minnesota Statutes, section 116.454.
3.29 	(c) $346,000 the first year and $346,000 the 
3.30 	second year are from the environmental fund 
3.31 	for monitoring ambient air for hazardous 
3.32 	pollutants.
3.33 	(d) $90,000 the first year and $90,000 the 
3.34 	second year are from the environmental fund 
4.1 	for duties related to harmful chemicals in 
4.2 	children's products under Minnesota Statutes, 
4.3 	sections 116.9401 to 116.9407. Of this 
4.4 	amount, $57,000 each year is transferred to 
4.5 	the commissioner of health.
4.6 	(e) $109,000 the first year and $109,000 the 
4.7 	second year are from the environmental fund 
4.8 	for registration of wastewater laboratories.
4.9 	(f) $913,000 the first year and $913,000 the 
4.10 	second year are from the environmental fund 
4.11 	to continue perfluorochemical biomonitoring 
4.12 	in eastern metropolitan communities, as 
4.13 	recommended by the Environmental Health 
4.14 	Tracking and Biomonitoring Advisory Panel, 
4.15 	and address other environmental health risks, 
4.16 	including air quality. The communities must 
4.17 	include Hmong and other immigrant farming 
4.18 	communities. Of this amount, up to $677,000 
4.19 	the first year and $677,000 the second year 
4.20 	are for transfer to the Department of Health.
4.21 	(g) The direct appropriation base budget for 
4.22 	environmental analysis and outcomes in the 
4.23 	environmental fund for fiscal year 2020 and 
4.24 	later is $11,420,000. The general fund 
4.25 	appropriations in this subdivision are onetime.

4.26	Subd. 3.Industrial
 		13,509,000
		13,508,000

4.27	Appropriations by Fund
	
4.28		2018
	2019
	
4.29	Environmental
	12,979,000
	12,978,000
	
4.30	Remediation
	530,000
	530,000
	
4.31 	$530,000 the first year and $530,000 the 
4.32 	second year are from the remediation fund for 
4.33 	purposes of the leaking underground storage 
4.34 	tank program to investigate, clean up, and 
4.35 	prevent future releases from underground 
5.1 	petroleum storage tanks, and to the petroleum 
5.2 	remediation program for purposes of vapor 
5.3 	assessment and remediation. These same 
5.4 	annual amounts are transferred from the 
5.5 	petroleum tank fund to the remediation fund.

5.6	Subd. 4.Municipal
 		6,625,000
		6,624,000

5.7	Appropriations by Fund
	
5.8		2018
	2019
	
5.9	Environmental
	6,625,000
	6,624,000
	
5.10 	(a) $162,000 the first year and $162,000 the 
5.11 	second year are from the environmental fund 
5.12 	for:
5.13 	(1) a municipal liaison to assist municipalities 
5.14 	in implementing and participating in the water 
5.15 	quality standards rulemaking process and 
5.16 	navigating the NPDES/SDS permitting 
5.17 	process;
5.18 	(2) enhanced economic analysis in the water 
5.19 	quality standards rulemaking process, 
5.20 	including more specific analysis and 
5.21 	identification of cost-effective permitting;
5.22 	(3) development of statewide economic 
5.23 	analyses and templates to reduce the amount 
5.24 	of information and time required for 
5.25 	municipalities to apply for variances from 
5.26 	water quality standards; and
5.27 	(4) coordinating with the Public Facilities 
5.28 	Authority to identify and advocate for the 
5.29 	resources needed for municipalities to achieve 
5.30 	permit requirements.
5.31 	(b) $50,000 the first year and $50,000 the 
5.32 	second year are from the environmental fund 
5.33 	for transfer to the Office of Administrative 
5.34 	Hearings to establish sanitary districts.
6.1 	(c) $615,000 the first year and $614,000 the 
6.2 	second year are from the environmental fund 
6.3 	for subsurface sewage treatment system 
6.4 	(SSTS) program administration and 
6.5 	community technical assistance and education, 
6.6 	including grants and technical assistance to 
6.7 	communities for water quality protection. Of 
6.8 	this amount, $129,000 each year is for 
6.9 	assistance to counties through grants for SSTS 
6.10 	program administration. A county receiving 
6.11 	a grant from this appropriation shall submit 
6.12 	the results achieved with the grant to the 
6.13 	commissioner as part of its annual SSTS 
6.14 	report. Any unexpended balance in the first 
6.15 	year does not cancel but is available in the 
6.16 	second year.
6.17 	(d) $639,000 the first year and $640,000 the 
6.18 	second year are from the environmental fund 
6.19 	to address the need for continued increased 
6.20 	activity in the areas of new technology review, 
6.21 	technical assistance for local governments, 
6.22 	and enforcement under Minnesota Statutes, 
6.23 	sections 115.55 to 115.58, and to complete the 
6.24 	requirements of Laws 2003, chapter 128, 
6.25 	article 1, section 165.
6.26 	(e) Notwithstanding Minnesota Statutes, 
6.27 	section 16A.28, the appropriations 
6.28 	encumbered on or before June 30, 2019, as 
6.29 	grants or contracts for subsurface sewage 
6.30 	treatment systems, surface water and 
6.31 	groundwater assessments, storm water, and 
6.32 	water quality protection in this subdivision are 
6.33 	available until June 30, 2022.

7.1	Subd. 5.Operations
 		5,653,000
		5,654,000

7.2	Appropriations by Fund
	
7.3		2018
	2019
	
7.4	Environmental
	4,889,000
	4,889,000
	
7.5	Remediation
	764,000
	765,000
	
7.6 	(a) $174,000 the first year and $174,000 the 
7.7 	second year are from the remediation fund for 
7.8 	purposes of the leaking underground storage 
7.9 	tank program to investigate, clean up, and 
7.10 	prevent future releases from underground 
7.11 	petroleum storage tanks, and to the petroleum 
7.12 	remediation program for purposes of vapor 
7.13 	assessment and remediation. These same 
7.14 	annual amounts are transferred from the 
7.15 	petroleum tank fund to the remediation fund.
7.16 	(b) $1,014,000 the first year and $1,014,000 
7.17 	the second year are from the environmental 
7.18 	fund for Environmental Quality Board 
7.19 	operations and support, and to lead an 
7.20 	interagency team to provide technical 
7.21 	assistance regarding the mining, processing, 
7.22 	and transporting of silica sand.

7.23	Subd. 6.Remediation
 		10,645,000
		10,644,000

7.24	Appropriations by Fund
	
7.25		2018
	2019
	
7.26	Environmental
	904,000
	904,000
	
7.27	Remediation
	9,741,000
	9,740,000
	
7.28 	(a) All money for environmental response, 
7.29 	compensation, and compliance in the 
7.30 	remediation fund not otherwise appropriated 
7.31 	is appropriated to the commissioners of the 
7.32 	Pollution Control Agency and agriculture for 
7.33 	purposes of Minnesota Statutes, section 
7.34 	115B.20, subdivision 2, clauses (1), (2), (3), 
7.35 	(6), and (7). At the beginning of each fiscal 
8.1 	year, the two commissioners shall jointly 
8.2 	submit an annual spending plan to the 
8.3 	commissioner of management and budget that 
8.4 	maximizes the utilization of resources and 
8.5 	appropriately allocates the money between the 
8.6 	two departments. This appropriation is 
8.7 	available until June 30, 2019.
8.8 	(b) $432,000 the first year and $432,000 the 
8.9 	second year are from the environmental fund 
8.10 	to manage contaminated sediment projects at 
8.11 	multiple sites identified in the St. Louis River 
8.12 	remedial action plan to restore water quality 
8.13 	in the St. Louis River area of concern. The 
8.14 	base budget for fiscal year 2020 is $432,000 
8.15 	and for fiscal year 2021 is $0.
8.16 	(c) $3,521,000 the first year and $3,520,000 
8.17 	the second year are from the remediation fund 
8.18 	for purposes of the leaking underground 
8.19 	storage tank program to investigate, clean up, 
8.20 	and prevent future releases from underground 
8.21 	petroleum storage tanks, and to the petroleum 
8.22 	remediation program for purposes of vapor 
8.23 	assessment and remediation. These same 
8.24 	annual amounts are transferred from the 
8.25 	petroleum tank fund to the remediation fund.
8.26 	(d) $252,000 the first year and $252,000 the 
8.27 	second year are from the remediation fund for 
8.28 	transfer to the commissioner of health for 
8.29 	private water supply monitoring and health 
8.30 	assessment costs in areas contaminated by 
8.31 	unpermitted mixed municipal solid waste 
8.32 	disposal facilities and drinking water 
8.33 	advisories and public information activities 
8.34 	for areas contaminated by hazardous releases.

9.1	Subd. 7.Resource Management and Assistance
 		33,537,000
		33,519,000

9.2	Appropriations by Fund
	
9.3		2018
	2019
	
9.4	State Government
	.......
	.......
	
9.5	Special Revenue
	75,000
	75,000
	
9.6	Environmental
	33,462,000
	33,444,000
	
9.7 	(a) Up to $150,000 the first year and $150,000 
9.8 	the second year may be transferred from the 
9.9 	environmental fund to the small business 
9.10 	environmental improvement loan account 
9.11 	established in Minnesota Statutes, section 
9.12 	116.993.
9.13 	(b) $400,000 the first year and $400,000 the 
9.14 	second year are from the environmental fund 
9.15 	for competitive recycling grants under 
9.16 	Minnesota Statutes, section 115A.565. This 
9.17 	appropriation is available until June 30, 2021. 
9.18 	Any unencumbered grant and loan balances 
9.19 	in the first year do not cancel but are available 
9.20 	for grants and loans in the second year. This 
9.21 	is a onetime appropriation.
9.22 	(c) $693,000 the first year and $693,000 the 
9.23 	second year are from the environmental fund 
9.24 	for emission reduction activities and grants to 
9.25 	small businesses and other nonpoint emission 
9.26 	reduction efforts.
9.27 	(d) $17,750,000 the first year and $17,750,000 
9.28 	the second year are from the environmental 
9.29 	fund for SCORE block grants to counties.
9.30 	(e) $119,000 the first year and $119,000 the 
9.31 	second year are from the environmental fund 
9.32 	for environmental assistance grants or loans 
9.33 	under Minnesota Statutes, section 115A.0716. 
9.34 	Any unencumbered grant and loan balances 
10.1 	in the first year do not cancel but are available 
10.2 	for grants and loans in the second year.
10.3 	(f) $68,000 the first year and $69,000 the 
10.4 	second year are from the environmental fund 
10.5 	for subsurface sewage treatment system 
10.6 	(SSTS) program administration and 
10.7 	community technical assistance and education, 
10.8 	including grants and technical assistance to 
10.9 	communities for water quality protection.
10.10 	(g) $125,000 the first year and $126,000 the 
10.11 	second year are from the environmental fund 
10.12 	to address the need for continued increased 
10.13 	activity in the areas of new technology review, 
10.14 	technical assistance for local governments, 
10.15 	and enforcement under Minnesota Statutes, 
10.16 	sections 115.55 to 115.58, and to complete the 
10.17 	requirements of Laws 2003, chapter 128, 
10.18 	article 1, section 165.
10.19 	(h) $20,000 the first year is from the 
10.20 	environmental fund for four grants to local 
10.21 	units of government to assist with plastic bag 
10.22 	recycling efforts. Two of the grants must be 
10.23 	for local units of government in urban areas 
10.24 	and two of the grants to local units of 
10.25 	government in rural areas of the state. By 
10.26 	January 15, 2018, grantees shall report to the 
10.27 	commissioner on the activities and results of 
10.28 	their efforts to increase plastic bag recycling. 
10.29 	This is a onetime appropriation.
10.30 	(i) All money deposited in the environmental 
10.31 	fund for the metropolitan solid waste landfill 
10.32 	fee in accordance with Minnesota Statutes, 
10.33 	section 473.843, and not otherwise 
10.34 	appropriated, is appropriated for the purposes 
10.35 	of Minnesota Statutes, section 473.844.
11.1 	(j) Notwithstanding Minnesota Statutes, 
11.2 	section 16A.28, the appropriations 
11.3 	encumbered on or before June 30, 2019, as 
11.4 	contracts or grants for environmental 
11.5 	assistance awarded under Minnesota Statutes, 
11.6 	section 115A.0716; technical and research 
11.7 	assistance under Minnesota Statutes, section 
11.8 	115A.152; technical assistance under 
11.9 	Minnesota Statutes, section 115A.52; and 
11.10 	pollution prevention assistance under 
11.11 	Minnesota Statutes, section 115D.04, are 
11.12 	available until June 30, 2021.

11.13	Subd. 8.Watershed
 		9,520,000
		9,220,000

11.14	Appropriations by Fund
	
11.15		2018
	2019
	
11.16	Environmental
	9,302,000
	9,002,000
	
11.17	Remediation
	218,000
	218,000
	
11.18 	(a) $1,959,000 the first year and $1,959,000 
11.19 	the second year are from the environmental 
11.20 	fund for grants to delegated counties to 
11.21 	administer the county feedlot program under 
11.22 	Minnesota Statutes, section 116.0711, 
11.23 	subdivisions 2 and 3. Money remaining after 
11.24 	the first year is available for the second year.
11.25 	(b) $207,000 the first year and $207,000 the 
11.26 	second year are from the environmental fund 
11.27 	for the costs of implementing general 
11.28 	operating permits for feedlots over 1,000 
11.29 	animal units.
11.30 	(c) $118,000 the first year and $118,000 the 
11.31 	second year are from the remediation fund for 
11.32 	purposes of the leaking underground storage 
11.33 	tank program to investigate, clean up, and 
11.34 	prevent future releases from underground 
11.35 	petroleum storage tanks, and to the petroleum 
12.1 	remediation program for purposes of vapor 
12.2 	assessment and remediation. These same 
12.3 	annual amounts are transferred from the 
12.4 	petroleum tank fund to the remediation fund.
12.5 	(d) $300,000 the first year is from the 
12.6 	environmental fund for a grant agreement with 
12.7 	the Shell Rock River Watershed District for 
12.8 	a pilot project to develop and implement a 
12.9 	model for a water-quality credit trading 
12.10 	program for storm water. The model must 
12.11 	include identifying and quantifying projects 
12.12 	in the Shell Rock River watershed completed 
12.13 	on or after July 1, 2013, and identifying 
12.14 	additional credit generators such as 
12.15 	landowners, livestock farmers, in-lake water 
12.16 	management practices, and stream restoration 
12.17 	projects. The program must include 
12.18 	credit-estimation methodologies and required 
12.19 	trade ratios, credit demand calculation 
12.20 	procedures, implementation recommendations, 
12.21 	and a transferable credit trading infrastructure. 
12.22 	The commissioner must convene a stakeholder 
12.23 	group to guide the project. By July 1, 2019, 
12.24 	the commissioner must provide a final report 
12.25 	to the chairs and ranking minority members 
12.26 	of the senate and house of representatives 
12.27 	committees with jurisdiction over 
12.28 	environmental and natural resources policy 
12.29 	and finance. This is a onetime appropriation 
12.30 	and is available until June 30, 2019.

12.31	Subd. 9.Transfer to Remediation Fund
 					
12.32 	The commissioner shall transfer up to 
12.33 	$34,000,000 from the environmental fund to 
12.34 	the remediation fund for the purposes of the 
13.1 	remediation fund under Minnesota Statutes, 
13.2 	section 116.155, subdivision 2.

13.3	Sec. 3. NATURAL RESOURCES

13.4	Subdivision 1.Total Appropriation
 	$
	260,793,000
	$
	255,943,000

13.5	Appropriations by Fund
	
13.6		2018
	2019
	
13.7	General
	74,453,000
	68,798,000
	
13.8	Natural Resources
	87,248,000
	88,603,000
	
13.9	Game and Fish
	98,292,000
	98,242,000
	
13.10	Remediation
	100,000
	100,000
	
13.11	Permanent School
	700,000
	200,000
	
13.12 	The amounts that may be spent for each 
13.13 	purpose are specified in the following 
13.14 	subdivisions.

13.15
13.16	Subd. 2.Land and Mineral Resources 
Management
 		6,021,000
		5,521,000

13.17	Appropriations by Fund
	
13.18		2018
	2019
	
13.19	General
	1,585,000
	1,585,000
	
13.20	Natural Resources
	3,392,000
	3,392,000
	
13.21	Game and Fish
	344,000
	344,000
	
13.22	Permanent School
	700,000
	200,000
	
13.23 	(a) $319,000 the first year and $319,000 the 
13.24 	second year are for environmental research 
13.25 	relating to mine permitting, of which $200,000 
13.26 	each year is from the minerals management 
13.27 	account and $119,000 each year is from the 
13.28 	general fund.
13.29 	(b) $2,815,000 the first year and $2,815,000 
13.30 	the second year are from the minerals 
13.31 	management account in the natural resources 
13.32 	fund for use as provided in Minnesota Statutes, 
13.33 	section 93.2236, paragraph (c), for mineral 
13.34 	resource management, projects to enhance 
14.1 	future mineral income, and projects to promote 
14.2 	new mineral resource opportunities.
14.3 	(c) $700,000 the first year and $200,000 the 
14.4 	second year are from the state forest suspense 
14.5 	account in the permanent school fund to secure 
14.6 	maximum long-term economic return from 
14.7 	the school trust lands consistent with fiduciary 
14.8 	responsibilities and sound natural resources 
14.9 	conservation and management principles. Of 
14.10 	this amount, $500,000 in the first year is for 
14.11 	the school trust lands director to initiate the 
14.12 	private sale of surplus school trust lands 
14.13 	identified according to Minnesota Statutes, 
14.14 	section 92.82, paragraph (d), including but not 
14.15 	limited to valuation expenses, legal fees, and 
14.16 	transactional staff costs. This is a onetime 
14.17 	appropriation and is available until June 30, 
14.18 	2019.

14.19	Subd. 3.Ecological and Water Resources
 		29,903,000
		25,503,000

14.20	Appropriations by Fund
	
14.21		2018
	2019
	
14.22	General
	14,446,000
	10,046,000
	
14.23	Natural Resources
	10,576,000
	10,576,000
	
14.24	Game and Fish
	4,881,000
	4,881,000
	
14.25 	(a) $3,242,000 the first year and $3,242,000 
14.26 	the second year are from the invasive species 
14.27 	account in the natural resources fund and 
14.28 	$2,206,000 the first year and $2,206,000 the 
14.29 	second year are from the general fund for 
14.30 	management, public awareness, assessment 
14.31 	and monitoring research, and water access 
14.32 	inspection to prevent the spread of invasive 
14.33 	species; management of invasive plants in 
14.34 	public waters; and management of terrestrial 
14.35 	invasive species on state-administered lands.
15.1 	(b) $5,000,000 the first year and $5,000,000 
15.2 	the second year are from the water 
15.3 	management account in the natural resources 
15.4 	fund for only the purposes specified in 
15.5 	Minnesota Statutes, section 103G.27, 
15.6 	subdivision 2.
15.7 	(c) $124,000 the first year and $124,000 the 
15.8 	second year are for a grant to the Mississippi 
15.9 	Headwaters Board for up to 50 percent of the 
15.10 	cost of implementing the comprehensive plan 
15.11 	for the upper Mississippi within areas under 
15.12 	the board's jurisdiction.
15.13 	(d) $10,000 the first year and $10,000 the 
15.14 	second year are for payment to the Leech Lake 
15.15 	Band of Chippewa Indians to implement the 
15.16 	band's portion of the comprehensive plan for 
15.17 	the upper Mississippi.
15.18 	(e) $264,000 the first year and $264,000 the 
15.19 	second year are for grants for up to 50 percent 
15.20 	of the cost of implementation of the Red River 
15.21 	mediation agreement.
15.22 	(f) $2,018,000 the first year and $2,018,000 
15.23 	the second year are from the heritage 
15.24 	enhancement account in the game and fish 
15.25 	fund for only the purposes specified in 
15.26 	Minnesota Statutes, section 297A.94, 
15.27 	paragraph (e), clause (1).
15.28 	(g) $950,000 the first year and $950,000 the 
15.29 	second year are from the nongame wildlife 
15.30 	management account in the natural resources 
15.31 	fund for the purpose of nongame wildlife 
15.32 	management. Notwithstanding Minnesota 
15.33 	Statutes, section 290.431, $100,000 the first 
15.34 	year and $100,000 the second year may be 
16.1 	used for nongame wildlife information, 
16.2 	education, and promotion.
16.3 	(h) Notwithstanding Minnesota Statutes, 
16.4 	section 84.943, $13,000 the first year and 
16.5 	$13,000 the second year from the critical 
16.6 	habitat private sector matching account may 
16.7 	be used to publicize the critical habitat license 
16.8 	plate match program.
16.9 	(i) $4,400,000 the first year and $2,000,000 
16.10 	the second year are from the general fund for 
16.11 	the following activities:
16.12 	(1) financial reimbursement and technical 
16.13 	support to soil and water conservation districts 
16.14 	or other local units of government for 
16.15 	groundwater level monitoring;
16.16 	(2) surface water monitoring and analysis, 
16.17 	including installation of monitoring gauges;
16.18 	(3) groundwater analysis to assist with water 
16.19 	appropriation permitting decisions;
16.20 	(4) permit application review incorporating 
16.21 	surface water and groundwater technical 
16.22 	analysis;
16.23 	(5) precipitation data and analysis to improve 
16.24 	the use of irrigation;
16.25 	(6) information technology, including 
16.26 	electronic permitting and integrated data 
16.27 	systems; and
16.28 	(7) compliance and monitoring.
16.29 	(j) $400,000 the first year and $400,000 the 
16.30 	second year are from the heritage enhancement 
16.31 	account in the game and fish fund for grants 
16.32 	to the Minnesota Aquatic Invasive Species 
16.33 	Research Center at the University of 
17.1 	Minnesota to prioritize, support, and develop 
17.2 	research-based solutions that can reduce the 
17.3 	effects of aquatic invasive species in 
17.4 	Minnesota by preventing spread, controlling 
17.5 	populations, and managing ecosystems and to 
17.6 	advance knowledge to inspire action by others.

17.7	Subd. 4.Forest Management
 		41,731,000
		42,031,000

17.8	Appropriations by Fund
	
17.9		2018
	2019
	
17.10	General
	28,100,000
	27,100,000
	
17.11	Natural Resources
	12,344,000
	13,644,000
	
17.12	Game and Fish
	1,287,000
	1,287,000
	
17.13 	(a) $7,145,000 the first year and $7,145,000 
17.14 	the second year are for prevention, 
17.15 	presuppression, and suppression costs of 
17.16 	emergency firefighting and other costs 
17.17 	incurred under Minnesota Statutes, section 
17.18 	88.12. The amount necessary to pay for 
17.19 	presuppression and suppression costs during 
17.20 	the biennium is appropriated from the general 
17.21 	fund.
17.22 	By January 15 of each year, the commissioner 
17.23 	of natural resources shall submit a report to 
17.24 	the chairs and ranking minority members of 
17.25 	the house and senate committees and divisions 
17.26 	having jurisdiction over environment and 
17.27 	natural resources finance, identifying all 
17.28 	firefighting costs incurred and reimbursements 
17.29 	received in the prior fiscal year. These 
17.30 	appropriations may not be transferred. Any 
17.31 	reimbursement of firefighting expenditures 
17.32 	made to the commissioner from any source 
17.33 	other than federal mobilizations shall be 
17.34 	deposited into the general fund.
18.1 	(b) $12,144,000 the first year and $13,644,000 
18.2 	the second year are from the forest 
18.3 	management investment account in the natural 
18.4 	resources fund for only the purposes specified 
18.5 	in Minnesota Statutes, section 89.039, 
18.6 	subdivision 2. Of these amounts, $500,000 the 
18.7 	first year is for state forest road maintenance 
18.8 	and $1,000,000 the second year is for 
18.9 	reforestation.
18.10 	(c) $1,287,000 the first year and $1,287,000 
18.11 	the second year are from the heritage 
18.12 	enhancement account in the game and fish 
18.13 	fund to advance ecological classification 
18.14 	systems (ECS) scientific management tools 
18.15 	for forest and invasive species management.
18.16 	(d) $780,000 the first year and $780,000 the 
18.17 	second year are for the Forest Resources 
18.18 	Council for implementation of the Sustainable 
18.19 	Forest Resources Act.
18.20 	(e) $200,000 the first year is from the forest 
18.21 	management investment account in the natural 
18.22 	resources fund for a study of the ability to 
18.23 	sustainably harvest at least 1,000,000 cords 
18.24 	of wood annually on state-administered forest 
18.25 	lands. No later than January 2, 2018, the 
18.26 	commissioner must report the study's findings 
18.27 	to the legislative committees with jurisdiction 
18.28 	over environment and natural resources policy 
18.29 	and finance. This is a onetime appropriation.
18.30 	(f) The general fund base amount for this 
18.31 	subdivision for fiscal year 2020 and later is 
18.32 	$26,600,000 per year.

18.33	Subd. 5.Parks and Trails Management
 		75,850,000
		75,650,000

18.34	Appropriations by Fund
	
19.1		2018
	2019
	
19.2	General
	25,182,000
	24,927,000
	
19.3	Natural Resources
	48,395,000
	48,450,000
	
19.4	Game and Fish
	2,273,000
	2,273,000
	
19.5 	(a) $13,650,000 the first year and $13,650,000 
19.6 	the second year are from the state parks 
19.7 	account for state park operations.
19.8 	(b) $1,075,000 the first year and $1,075,000 
19.9 	the second year are from the water recreation 
19.10 	account in the natural resources fund for 
19.11 	enhancing public water access facilities.
19.12 	(c) $5,740,000 the first year and $5,740,000 
19.13 	the second year are from the natural resources 
19.14 	fund for state trail, park, and recreation area 
19.15 	operations. This appropriation is from the 
19.16 	revenue deposited in the natural resources fund 
19.17 	under Minnesota Statutes, section 297A.94, 
19.18 	paragraph (e), clause (2).
19.19 	(d) $1,005,000 the first year and $1,005,000 
19.20 	the second year are from the natural resources 
19.21 	fund for park and trail grants to local units of 
19.22 	government on land to be maintained for at 
19.23 	least 20 years for the purposes of the grants. 
19.24 	This appropriation is from the revenue 
19.25 	deposited in the natural resources fund under 
19.26 	Minnesota Statutes, section 297A.94, 
19.27 	paragraph (e), clause (4). Any unencumbered 
19.28 	balance does not cancel at the end of the first 
19.29 	year and is available for the second year.
19.30 	(e) $130,000 the first year is from the general 
19.31 	fund, and $8,294,000 the first year and 
19.32 	$8,424,000 the second year are from the 
19.33 	snowmobile trails and enforcement account 
19.34 	in the natural resources fund for the 
19.35 	snowmobile grants-in-aid program. Any 
20.1 	unencumbered balance does not cancel at the 
20.2 	end of the first year and is available for the 
20.3 	second year.
20.4 	(f) $1,560,000 the first year and $1,685,000 
20.5 	the second year are from the natural resources 
20.6 	fund for the off-highway vehicle grants-in-aid 
20.7 	program. Of this amount, $1,085,000 the first 
20.8 	year and $1,210,000 the second year are from 
20.9 	the all-terrain vehicle account; $150,000 each 
20.10 	year is from the off-highway motorcycle 
20.11 	account; and $325,000 each year is from the 
20.12 	off-road vehicle account. Any unencumbered 
20.13 	balance does not cancel at the end of the first 
20.14 	year and is available for the second year.
20.15 	(g) $125,000 the first year is from the general 
20.16 	fund for all terrain vehicle grants-in-aid 
20.17 	program. This is a onetime appropriation.
20.18 	(h) $75,000 the first year and $75,000 the 
20.19 	second year are from the cross-country ski 
20.20 	account in the natural resources fund for 
20.21 	grooming and maintaining cross-country ski 
20.22 	trails in state parks, trails, and recreation areas.
20.23 	(i) $250,000 the first year and $250,000 the 
20.24 	second year are from the state land and water 
20.25 	conservation account in the natural resources 
20.26 	fund for priorities established by the 
20.27 	commissioner for eligible state projects and 
20.28 	administrative and planning activities 
20.29 	consistent with Minnesota Statutes, section 
20.30 	84.0264, and the federal Land and Water 
20.31 	Conservation Fund Act. Any unencumbered 
20.32 	balance does not cancel at the end of the first 
20.33 	year and is available for the second year.
21.1 	(j) $250,000 the first year and $250,000 the 
21.2 	second year are from the general fund for 
21.3 	matching grants for local parks and outdoor 
21.4 	recreation areas under Minnesota Statutes, 
21.5 	section 85.019, subdivision 2.
21.6 	(k) $250,000 the first year and $250,000 the 
21.7 	second year are from the general fund for 
21.8 	matching grants for local trail connections 
21.9 	under Minnesota Statutes, section 85.019, 
21.10 	subdivision 4c.
21.11 	(l) $50,000 the first year is from the all-terrain 
21.12 	vehicle account in the natural resources fund 
21.13 	for a grant to the city of Virginia to assist the 
21.14 	Virginia Area All-Terrain Vehicle Club to 
21.15 	plan, design, engineer, and permit a 
21.16 	comprehensive all-terrain vehicle system in 
21.17 	the Virginia area and to connect with the Iron 
21.18 	Range Off-Highway Vehicle Recreation Area. 
21.19 	This is a onetime appropriation and is 
21.20 	available until June 30, 2020.
21.21 	(m) $150,000 the first year is from the 
21.22 	all-terrain vehicle account in the natural 
21.23 	resources fund for a grant to the city of Orr to 
21.24 	predesign, design, and construct the Voyageur 
21.25 	all-terrain vehicle trail system, including:
21.26 	(1) design of the alignment for phase I of the 
21.27 	Voyageur all-terrain vehicle trail system and 
21.28 	development of a preliminary phase II 
21.29 	alignment;
21.30 	(2) completion of wetland delineation and 
21.31 	wetland permitting;
21.32 	(3) completion of the engineering design and 
21.33 	cost estimates for a snowmobile and 
22.1 	off-highway vehicle bridge over the Vermilion 
22.2 	River to establish a trail connection; and
22.3 	(4) completion of the master plan for the 
22.4 	Voyageur all-terrain vehicle trail system.
22.5 	This is a onetime appropriation and is 
22.6 	available until June 30, 2020.
22.7 	(n) In fiscal year 2018 and fiscal year 2019, 
22.8 	the level of service and hours of operation at 
22.9 	Hills Annex Mine State Park must be 
22.10 	maintained at fiscal year 2016 levels.

22.11	Subd. 6.Fish and Wildlife Management
 		67,591,000
		67,541,000

22.12	Appropriations by Fund
	
22.13		2018
	2019
	
22.14	Natural Resources
	1,912,000
	1,912,000
	
22.15	Game and Fish
	65,679,000
	65,629,000
	
22.16 	(a) $8,167,000 the first year and $8,167,000 
22.17 	the second year are from the heritage 
22.18 	enhancement account in the game and fish 
22.19 	fund only for activities specified in Minnesota 
22.20 	Statutes, section 297A.94, paragraph (e), 
22.21 	clause (1). Notwithstanding Minnesota 
22.22 	Statutes, section 297A.94, five percent of this 
22.23 	appropriation may be used for expanding 
22.24 	hunter and angler recruitment and retention.
22.25 	(b) $20,000 the first year is from the heritage 
22.26 	enhancement account in the game and fish 
22.27 	fund for a study on the effects of lead shot on 
22.28 	wildlife on state lands. By January 15, 2018, 
22.29 	the commissioner shall provide a report of the 
22.30 	study to the chairs and ranking minority 
22.31 	members of the legislative committees with 
22.32 	jurisdiction over natural resources policy and 
22.33 	finance. This is a onetime appropriation.
23.1 	(c) $30,000 the first year is from the heritage 
23.2 	enhancement account in the game and fish 
23.3 	fund for the commissioner of natural resources 
23.4 	to contract with a private entity to search for 
23.5 	a site to construct a world-class shooting range 
23.6 	and club house for use by the Minnesota State 
23.7 	High School League and for other regional, 
23.8 	statewide, national, and international shooting 
23.9 	events. The commissioner must provide public 
23.10 	notice of the search, including making the 
23.11 	public aware of the process through the 
23.12 	Department of Natural Resources' media 
23.13 	outlets, and solicit input on the location and 
23.14 	building options for the facility. The siting 
23.15 	search process must include a public process 
23.16 	to determine if any business or individual is 
23.17 	interested in donating land for the facility, 
23.18 	anticipated to be at least 500 acres. The site 
23.19 	search team must meet with interested third 
23.20 	parties affected by or interested in the facility. 
23.21 	The commissioner must submit a report with 
23.22 	the results of the site search to the chairs and 
23.23 	ranking minority members of the legislative 
23.24 	committees and divisions with jurisdiction 
23.25 	over the environment and natural resources 
23.26 	by March 1, 2018. This is a onetime 
23.27 	appropriation.
23.28 	(d) $10,000 the first year and $10,000 the 
23.29 	second year from the heritage enhancement 
23.30 	account in the game and fish fund are for 
23.31 	grants to Midwest Hmong Outdoors for hunter 
23.32 	and angler recruitment. This is a onetime 
23.33 	appropriation.

23.34	Subd. 7.Enforcement
 		39,377,000
		39,377,000

23.35	Appropriations by Fund
	
24.1		2018
	2019
	
24.2	General
	5,140,000
	5,140,000
	
24.3	Natural Resources
	10,309,000
	10,309,000
	
24.4	Game and Fish
	23,828,000
	23,828,000
	
24.5	Remediation
	100,000
	100,000
	
24.6 	(a) $1,718,000 the first year and $1,718,000 
24.7 	the second year are from the general fund for 
24.8 	enforcement efforts to prevent the spread of 
24.9 	aquatic invasive species.
24.10 	(b) $1,580,000 the first year and $1,580,000 
24.11 	the second year are from the heritage 
24.12 	enhancement account in the game and fish 
24.13 	fund for only the purposes specified in 
24.14 	Minnesota Statutes, section 297A.94, 
24.15 	paragraph (e), clause (1).
24.16 	(c) $1,082,000 the first year and $1,082,000 
24.17 	the second year are from the water recreation 
24.18 	account in the natural resources fund for grants 
24.19 	to counties for boat and water safety. Any 
24.20 	unencumbered balance does not cancel at the 
24.21 	end of the first year and is available for the 
24.22 	second year.
24.23 	(d) $315,000 the first year and $315,000 the 
24.24 	second year are from the snowmobile trails 
24.25 	and enforcement account in the natural 
24.26 	resources fund for grants to local law 
24.27 	enforcement agencies for snowmobile 
24.28 	enforcement activities. Any unencumbered 
24.29 	balance does not cancel at the end of the first 
24.30 	year and is available for the second year.
24.31 	(e) $250,000 the first year and $250,000 the 
24.32 	second year are from the all-terrain vehicle 
24.33 	account for grants to qualifying organizations 
24.34 	to assist in safety and environmental education 
24.35 	and monitoring trails on public lands under 
25.1 	Minnesota Statutes, section 84.9011. Grants 
25.2 	issued under this paragraph must be issued 
25.3 	through a formal agreement with the 
25.4 	organization and must not be used as a 
25.5 	substitute for traditional spending by the 
25.6 	organization. By December 15 each year, an 
25.7 	organization receiving a grant under this 
25.8 	paragraph shall report to the commissioner 
25.9 	with details on expenditures and outcomes 
25.10 	from the grant. Of this appropriation, $25,000 
25.11 	each year is for administration of these grants. 
25.12 	Any unencumbered balance does not cancel 
25.13 	at the end of the first year and is available for 
25.14 	the second year.
25.15 	(f) $510,000 the first year and $510,000 the 
25.16 	second year are from the natural resources 
25.17 	fund for grants to county law enforcement 
25.18 	agencies for off-highway vehicle enforcement 
25.19 	and public education activities based on 
25.20 	off-highway vehicle use in the county. Of this 
25.21 	amount, $498,000 each year is from the 
25.22 	all-terrain vehicle account; $11,000 each year 
25.23 	is from the off-highway motorcycle account; 
25.24 	and $1,000 each year is from the off-road 
25.25 	vehicle account. The county enforcement 
25.26 	agencies may use money received under this 
25.27 	appropriation to make grants to other local 
25.28 	enforcement agencies within the county that 
25.29 	have a high concentration of off-highway 
25.30 	vehicle use. Of this appropriation, $25,000 
25.31 	each year is for administration of these grants. 
25.32 	Any unencumbered balance does not cancel 
25.33 	at the end of the first year and is available for 
25.34 	the second year.

25.35	Subd. 8.Operations Support
 		320,000
		320,000

26.1	Appropriations by Fund
	
26.2		2018
	2019
	
26.3	Natural Resources
	320,000
	320,000
	
26.4 	$320,000 the first year and $320,000 the 
26.5 	second year are from the natural resources 
26.6 	fund for grants to be divided equally between 
26.7 	the city of St. Paul for the Como Park Zoo and 
26.8 	Conservatory and the city of Duluth for the 
26.9 	Duluth Zoo. This appropriation is from the 
26.10 	revenue deposited to the natural resources fund 
26.11 	under Minnesota Statutes, section 297A.94, 
26.12 	paragraph (e), clause (5).

26.13
26.14	Sec. 4. BOARD OF WATER AND SOIL 
RESOURCES
 	$
	13,404,000
	$
	13,404,000
	
26.15 	(a) $3,423,000 the first year and $3,423,000 
26.16 	the second year are for natural resources block 
26.17 	grants to local governments. Grants must be 
26.18 	matched with a combination of local cash or 
26.19 	in-kind contributions. The base grant portion 
26.20 	related to water planning must be matched by 
26.21 	an amount as specified by Minnesota Statutes, 
26.22 	section 103B.3369. The board may reduce the 
26.23 	amount of the natural resources block grant 
26.24 	to a county by an amount equal to any 
26.25 	reduction in the county's general services 
26.26 	allocation to a soil and water conservation 
26.27 	district from the county's previous year 
26.28 	allocation when the board determines that the 
26.29 	reduction was disproportionate. The base 
26.30 	amount for fiscal year 2020 and later is 
26.31 	$3,223,000 per year.
26.32 	(b) $3,116,000 the first year and $3,116,000 
26.33 	the second year are for grants to soil and water 
26.34 	conservation districts for general purposes, 
26.35 	nonpoint engineering, and implementation and 
27.1 	stewardship of the reinvest in Minnesota 
27.2 	reserve program. Expenditures may be made 
27.3 	from these appropriations for supplies and 
27.4 	services benefiting soil and water conservation 
27.5 	districts. Any district receiving a payment 
27.6 	under this paragraph shall maintain a Web 
27.7 	page that publishes, at a minimum, its annual 
27.8 	report, annual audit, annual budget, and 
27.9 	meeting notices.
27.10 	(c) $260,000 the first year and $260,000 the 
27.11 	second year are for feedlot water quality cost 
27.12 	share grants for feedlots under 300 animal 
27.13 	units and nutrient and manure management 
27.14 	projects in watersheds where there are 
27.15 	impaired waters.
27.16 	(d) $1,200,000 the first year and $1,200,000 
27.17 	the second year are for soil and water 
27.18 	conservation district cost-sharing contracts for 
27.19 	perennially vegetated riparian buffers, erosion 
27.20 	control, water retention and treatment, and 
27.21 	other high-priority conservation practices.
27.22 	(e) $100,000 the first year is for county 
27.23 	cooperative weed management cost-share 
27.24 	programs and to restore native plants in 
27.25 	selected invasive species management sites. 
27.26 	The base amount for fiscal year 2020 and later 
27.27 	is $62,000 per year.
27.28 	(f) $166,000 the first year and $166,000 the 
27.29 	second year are to provide technical assistance 
27.30 	to local drainage management officials and 
27.31 	for the costs of the Drainage Work Group. 
27.32 	This is a onetime appropriation.
27.33 	(g) $100,000 the first year and $100,000 the 
27.34 	second year are for a grant to the Red River 
28.1 	Basin Commission for water quality and 
28.2 	floodplain management, including 
28.3 	administration of programs. This appropriation 
28.4 	must be matched by nonstate funds. If the 
28.5 	appropriation in either year is insufficient, the 
28.6 	appropriation in the other year is available for 
28.7 	it.
28.8 	(h) $140,000 the first year and $140,000 the 
28.9 	second year are for grants to Area II 
28.10 	Minnesota River Basin Projects for floodplain 
28.11 	management.
28.12 	(i) $761,000 the first year and $761,000 the 
28.13 	second year are for implementation, 
28.14 	enforcement, and oversight of the Wetland 
28.15 	Conservation Act, including administration of 
28.16 	the wetland banking program and in-lieu fee 
28.17 	mechanism. The base amount for fiscal year 
28.18 	2020 and later is $500,000 per year.
28.19 	(j) $240,000 the first year and $240,000 the 
28.20 	second year are for a grant to the Lower 
28.21 	Minnesota River Watershed District to defray 
28.22 	the annual cost of operating and maintaining 
28.23 	sites for dredge spoil to sustain the state, 
28.24 	national, and international commercial and 
28.25 	recreational navigation on the lower Minnesota 
28.26 	River.
28.27 	(k) $3,898,000 the first year and $3,898,000 
28.28 	the second year are for Board of Water and 
28.29 	Soil Resources agency administration and 
28.30 	operations. The base amount for fiscal year 
28.31 	2020 and later is $3,684,000 per year.
28.32 	(l) Notwithstanding Minnesota Statutes, 
28.33 	section 103C.501, the board may shift 
28.34 	cost-share funds in this section and may adjust 
29.1 	the technical and administrative assistance 
29.2 	portion of the grant funds to leverage federal 
29.3 	or other nonstate funds or to address 
29.4 	high-priority needs identified in local water 
29.5 	management plans or comprehensive water 
29.6 	management plans.
29.7 	(m) The appropriations for grants in this 
29.8 	section are available until June 30, 2021. If an 
29.9 	appropriation for grants in either year is 
29.10 	insufficient, the appropriation in the other year 
29.11 	is available for it.

29.12	Sec. 5. METROPOLITAN COUNCIL
 	$
	8,540,000
	$
	8,540,000

29.13	Appropriations by Fund
	
29.14		2018
	2019
	
29.15	General
	2,540,000
	2,540,000
	
29.16	Natural Resources
	6,000,000
	6,000,000
	
29.17 	(a) $2,540,000 the first year and $2,540,000 
29.18 	the second year are for metropolitan area 
29.19 	regional parks operation and maintenance 
29.20 	according to Minnesota Statutes, section 
29.21 	473.351.
29.22 	(b) $6,000,000 the first year and $6,000,000 
29.23 	the second year are from the natural resources 
29.24 	fund for metropolitan area regional parks and 
29.25 	trails maintenance and operations. This 
29.26 	appropriation is from the revenue deposited 
29.27 	in the natural resources fund under Minnesota 
29.28 	Statutes, section 297A.94, paragraph (e), 
29.29 	clause (3).

29.30
29.31	Sec. 6. CONSERVATION CORPS 
MINNESOTA
 	$
	945,000
	$
	945,000

29.32	Appropriations by Fund
	
29.33		2018
	2019
	
29.34	General
	455,000
	455,000
	
30.1	Natural Resources
	490,000
	490,000
	
30.2 	Conservation Corps Minnesota may receive 
30.3 	money appropriated from the natural resources 
30.4 	fund under this section only as provided in an 
30.5 	agreement with the commissioner of natural 
30.6 	resources.

30.7	Sec. 7. ZOOLOGICAL BOARD
 	$
	8,410,000
	$
	8,410,000

30.8	Appropriations by Fund
	
30.9		2018
	2019
	
30.10	General
	8,250,000
	8,250,000
	
30.11	Natural Resources
	160,000
	160,000
	
30.12 	$160,000 the first year and $160,000 the 
30.13 	second year are from the natural resources 
30.14 	fund from the revenue deposited under 
30.15 	Minnesota Statutes, section 297A.94, 
30.16 	paragraph (e), clause (5).

30.17	Sec. 8. SCIENCE MUSEUM
 	$
	1,079,000
	$
	1,079,000

30.18	Sec. 9. EXPLORE MINNESOTA TOURISM
 	$
	14,248,000
	$
	14,248,000
	
30.19 	(a) To develop maximum private sector 
30.20 	involvement in tourism, $500,000 the first 
30.21 	year and $500,000 the second year must be 
30.22 	matched by Explore Minnesota Tourism from 
30.23 	nonstate sources. Each $1 of state incentive 
30.24 	must be matched with $6 of private sector 
30.25 	funding. Cash match is defined as revenue to 
30.26 	the state or documented cash expenditures 
30.27 	directly expended to support Explore 
30.28 	Minnesota Tourism programs. Up to one-half 
30.29 	of the private sector contribution may be 
30.30 	in-kind or soft match. The incentive in fiscal 
30.31 	year 2018 shall be based on fiscal year 2017 
30.32 	private sector contributions. The incentive in 
30.33 	fiscal year 2019 shall be based on fiscal year 
31.1 	2018 private sector contributions. This 
31.2 	incentive is ongoing.
31.3 	(b) Funding for the marketing grants is 
31.4 	available either year of the biennium. 
31.5 	Unexpended grant funds from the first year 
31.6 	are available in the second year.
31.7 	(c) $100,000 each year is for a grant to the 
31.8 	Northern Lights International Music Festival.
31.9 	(d) $600,000 the first year is for the major 
31.10 	events grant program. This appropriation is 
31.11 	available until June 30, 2021.

31.12	Sec. 10. ADMINISTRATION
 	$
	300,000
	$
	300,000
	
31.13 	$300,000 the first year and $300,000 the 
31.14 	second year are from the state forest suspense 
31.15 	account in the permanent school fund for the 
31.16 	school trust lands director to accelerate land 
31.17 	exchanges, land sales, and commercial leasing 
31.18 	of school trust lands and to identify, evaluate, 
31.19 	and lease construction aggregate located on 
31.20 	school trust lands. This appropriation is to be 
31.21 	used for securing long-term economic return 
31.22 	from the school trust lands consistent with 
31.23 	fiduciary responsibilities and sound natural 
31.24 	resources conservation and management 
31.25 	principles.

31.26 	Sec. 11. Laws 2016, chapter 189, article 3, section 3, subdivision 3, is amended to read:

31.27	Subd. 3.Ecological and Water Resources
 		-0-
		612,000
	
31.28 	$187,000 the second year is for a grant to the 
31.29 	Middle-Snake-Tamarac Rivers Watershed 
31.30 	District to match equal funds from the North 
31.31 	Dakota State Water Commission and North 
31.32 	Dakota water boards to conduct hydraulic 
31.33 	modeling of alternative floodway options for 
32.1 	the reach including and upstream and 
32.2 	downstream of the Minnesota and North 
32.3 	Dakota agricultural levies in the vicinity of 
32.4 	Oslo, Minnesota. The modeling must include 
32.5 	evaluating removal of floodway flow 
32.6 	obstructions, channel obstructions, 
32.7 	transportation access, and equalization of 
32.8 	agricultural levy protection. The project must 
32.9 	be conducted in partnership with the border 
32.10 	township association group representing four 
32.11 	Minnesota townships and the city of Oslo and 
32.12 	the three adjacent townships in North Dakota. 
32.13 	This is a onetime appropriation and is 
32.14 	available until June 30, 2018.
32.15 	$200,000 the second year is for a grant to the 
32.16 	Koronis Lake Association for purposes of 
32.17 	removing and preventing aquatic invasive 
32.18 	species. This is a onetime appropriation. This 
32.19 	appropriation is available until June 30, 2022.
32.20 	$225,000 the second year is from the water 
32.21 	management account in the natural resources 
32.22 	fund for water appropriation monitoring, 
32.23 	modeling, and reporting for the Cold Spring 
32.24 	Creek area as required under this act. This is 
32.25 	a onetime appropriation and is available until 
32.26 	June 30, 2022.

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

32.28 	Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:

32.29	Sec. 6. ADMINISTRATION
 	$
	250,000
	$
	-0-
	
32.30 	$250,000 the first year is from the state forest 
32.31 	suspense account in the permanent school fund 
32.32 	for the school trust lands director to initiate 
32.33 	real estate development projects on school 
32.34 	trust lands as determined by the school trust 
33.1 	lands director. This is a onetime appropriation
33.2 	and is available until June 30, 2019.

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

33.4 	ARTICLE 2
33.5 	STATUTORY PROVISIONS

33.6 	Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 
33.7 	to read:
33.8 		Subd. 6.Legal counsel. The commissioner may appoint attorneys or outside counsel to 
33.9 	render title opinions, represent the department in severed mineral interest forfeiture actions 
33.10 	brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent 
33.11 	the state in quiet title or title registration actions affecting land or interests in land 
33.12 	administered by the commissioner of natural resources.

33.13 	Sec. 2. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
33.14 	read:
33.15 		Subd. 14c.Operating efficiency. (a) The natural resources enforcement account is 
33.16 	created in the special revenue fund. Money appropriated from the natural resources fund to 
33.17 	the commissioner for enforcement activities under sections 84.794, 84.803, 84.927, 84D.15, 
33.18 	85.055, 86B.706, and 297A.94 may be transferred to this account.
33.19 	(b) This subdivision does not apply to money appropriated for local law enforcement 
33.20 	grants, county boat and water safety grants, and safety and environmental education and 
33.21 	monitoring grants.

33.22 	Sec. 3. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
33.23 		Subd. 2.Exemptions. Registration is not required for off-highway motorcycles:
33.24 	(1) owned and used by the United States, an Indian tribal government, the state, another 
33.25 	state, or a political subdivision;
33.26 	(2) registered in another state or country that have not been within this state for more 
33.27 	than 30 consecutive days;
33.28 	(3) registered under chapter 168, when operated on forest roads to gain access to a state 
33.29 	forest campground;
33.30 	(4) used exclusively in organized track racing events;
34.1 	(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident 
34.2 	off-highway motorcycle state trail pass; or
34.3 	(6) operated by a person participating in an event for which the commissioner has issued 
34.4 	a special use permit; or
34.5 	(7) operated on boundary trails and registered in another state or country providing equal 
34.6 	reciprocal registration or licensing exemptions for registrants of this state.

34.7 	Sec. 4. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:
34.8 		Subdivision 1.Prohibitions on youthful operators. (a) A person six years or older but 
34.9 	less than 16 years of age operating an off-highway motorcycle on public lands or waters 
34.10 	must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
34.11 	(b) Except for operation on public road rights-of-way that is permitted under section 
34.12 	84.795, subdivision 1, a driver's license issued by the state or another state is required to 
34.13 	operate an off-highway motorcycle along or on a public road right-of-way.
34.14 	(c) A person under 12 years of age may not:
34.15 	(1) make a direct crossing of a public road right-of-way;
34.16 	(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
34.17 	(3) operate an off-highway motorcycle on public lands or waters unless accompanied 
34.18 	by a person 18 years of age or older or participating in an event for which the commissioner 
34.19 	has issued a special use permit.
34.20 	(d) Except for public road rights-of-way of interstate highways, a person less than 16 
34.21 	years of age may make a direct crossing of a public road right-of-way of a trunk, county 
34.22 	state-aid, or county highway only if that person is accompanied by a person 18 years of age 
34.23 	or older who holds a valid driver's license.
34.24 	(e) A person less than 16 years of age may operate an off-highway motorcycle on public 
34.25 	road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if 
34.26 	that person is accompanied by a person 18 years of age or older who holds a valid driver's 
34.27 	license.
34.28 	(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate 
34.29 	an off-highway motorcycle on public lands or waters if the nonresident youth has in 
34.30 	possession evidence of completing an off-road safety course offered by the Motorcycle 
34.31 	Safety Foundation or another state as provided in section 84.791, subdivision 4.

35.1 	Sec. 5. Minnesota Statutes 2016, section 84.8031, is amended to read:
35.2 	84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
35.3 	The commissioner must review an off-road vehicle grant-in-aid application and, if 
35.4 	approved, commence begin public review of the application within 60 days after the 
35.5 	completed application has been locally approved and submitted to an area parks and trails 
35.6 	office. If the commissioner fails to approve or deny the application within 60 days after 
35.7 	submission, the application is deemed approved and the commissioner must provide for a 
35.8 	30-day public review period. If the commissioner denies an application, the commissioner 
35.9 	must provide the applicant with a written explanation for denying the application at the time 
35.10 	the applicant is notified of the denial.

35.11 	Sec. 6. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:
35.12 		Subd. 2.Application, issuance, issuing fee. (a) Application for registration or 
35.13 	reregistration shall be made to the commissioner or an authorized deputy registrar of motor 
35.14 	vehicles in a format prescribed by the commissioner and shall state the legal name and 
35.15 	address of every owner of the snowmobile.
35.16 	(b) A person who purchases a snowmobile from a retail dealer shall make application 
35.17 	for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary 
35.18 	21-day registration permit to each purchaser who applies to the dealer for registration. The 
35.19 	temporary permit must contain the dealer's identification number and phone number. Each 
35.20 	retail dealer shall submit completed registration and fees to the deputy registrar at least once 
35.21 	a week. No fee may be charged by a dealer to a purchaser for providing the temporary 
35.22 	permit.
35.23 	(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy 
35.24 	registrar shall issue to the applicant, or provide to the dealer, an assigned registration number 
35.25 	or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration 
35.26 	number must be affixed to the snowmobile in a clearly visible and permanent manner for 
35.27 	enforcement purposes as the commissioner of natural resources shall prescribe. A dealer 
35.28 	subject to paragraph (b) shall provide the registration materials or temporary permit to the 
35.29 	purchaser within the temporary 21-day permit period. The registration is not valid unless 
35.30 	signed by at least one owner.
35.31 	(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also 
35.32 	be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement 
35.33 	with the commissioner of public safety may prescribe the accounting and procedural 
36.1 	requirements necessary to assure efficient handling of registrations and registration fees. 
36.2 	Deputy registrars shall strictly comply with these accounting and procedural requirements.
36.3 	(e) A fee of $2 In addition to that otherwise other fees prescribed by law shall be charged 
36.4 	for, an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate 
36.5 	or replacement registration card, and replacement decal and an issuing fee of $7 is charged 
36.6 	for each snowmobile registration and registration transfer issued by:
36.7 	(1) each snowmobile registered by the a registrar or a deputy registrar and the additional 
36.8 	fee shall be disposed of must be deposited in the manner provided in section 168.33, 
36.9 	subdivision 2; or
36.10 	(2) each snowmobile registered by the commissioner and the additional fee shall must
36.11 	be deposited in the state treasury and credited to the snowmobile trails and enforcement 
36.12 	account in the natural resources fund.

36.13 	Sec. 7. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:
36.14 		Subdivision 1.Program established. (a) The commissioner shall establish a 
36.15 	comprehensive all-terrain vehicle environmental and safety education and training program, 
36.16 	including the preparation and dissemination of vehicle information and safety advice to the 
36.17 	public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle 
36.18 	safety certificates to vehicle operators over the age of 12 years who successfully complete 
36.19 	the all-terrain vehicle environmental and safety education and training course. A parent or 
36.20 	guardian must be present at the hands-on training portion of the program for youth who are 
36.21 	six through ten years of age.
36.22 	(b) For the purpose of administering the program and to defray the expenses of training 
36.23 	and certifying vehicle operators, the commissioner shall collect a fee from each person who 
36.24 	receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for 
36.25 	licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The 
36.26 	commissioner shall establish both fees in a manner that neither significantly overrecovers 
36.27 	nor underrecovers costs, including overhead costs, involved in providing the services. The 
36.28 	fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not 
36.29 	apply. The fees may be established by the commissioner notwithstanding section 16A.1283. 
36.30 	Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall 
36.31 	be deposited in the all-terrain vehicle account in the natural resources fund and the amount 
36.32 	thereof, except for the electronic licensing system commission established by the 
36.33 	commissioner under section 84.027, subdivision 15, and issuing fees collected by the 
36.34 	commissioner, is appropriated annually to the Enforcement Division of the Department of 
37.1 	Natural Resources for the administration of the programs. In addition to the fee established 
37.2 	by the commissioner, instructors may charge each person up to the established fee amount 
37.3 	for class materials and expenses.
37.4 	(c) The commissioner shall cooperate with private organizations and associations, private 
37.5 	and public corporations, and local governmental units in furtherance of the program 
37.6 	established under this section. School districts may cooperate with the commissioner and 
37.7 	volunteer instructors to provide space for the classroom portion of the training. The 
37.8 	commissioner shall consult with the commissioner of public safety in regard to training 
37.9 	program subject matter and performance testing that leads to the certification of vehicle 
37.10 	operators. The commissioner shall incorporate a riding component in the safety education 
37.11 	and training program.

37.12 	Sec. 8. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:
37.13 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on public 
37.14 	road rights-of-way that is permitted under section 84.928 and as provided under paragraph 
37.15 	(j), a driver's license issued by the state or another state is required to operate an all-terrain 
37.16 	vehicle along or on a public road right-of-way.
37.17 	(b) A person under 12 years of age shall not:
37.18 	(1) make a direct crossing of a public road right-of-way;
37.19 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
37.20 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
37.21 	paragraph (f).
37.22 	(c) Except for public road rights-of-way of interstate highways, a person 12 years of age 
37.23 	but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, 
37.24 	county state-aid, or county highway or operate on public lands and waters or state or 
37.25 	grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate 
37.26 	issued by the commissioner and is accompanied by a person 18 years of age or older who 
37.27 	holds a valid driver's license.
37.28 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, 
37.29 	but less than 16 years old, must:
37.30 	(1) successfully complete the safety education and training program under section 84.925, 
37.31 	subdivision 1, including a riding component; and
38.1 	(2) be able to properly reach and control the handle bars and reach the foot pegs while 
38.2 	sitting upright on the seat of the all-terrain vehicle.
38.3 	(e) A person at least 11 six years of age may take the safety education and training 
38.4 	program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 
38.5 	the certificate is not valid until the person reaches age 12.
38.6 	(f) A person at least ten years of age but under 12 years of age may operate an all-terrain 
38.7 	vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a 
38.8 	parent or legal guardian.
38.9 	(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
38.10 	(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands 
38.11 	or waters or on state or grant-in-aid trails if the person cannot properly reach and control 
38.12 	the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain 
38.13 	vehicle.
38.14 	(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 
38.15 	years old, may make a direct crossing of a public road right-of-way of a trunk, county 
38.16 	state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or 
38.17 	state or grant-in-aid trails if:
38.18 	(1) the nonresident youth has in possession evidence of completing an all-terrain safety 
38.19 	course offered by the ATV Safety Institute or another state as provided in section 84.925, 
38.20 	subdivision 3; and
38.21 	(2) the nonresident youth is accompanied by a person 18 years of age or older who holds 
38.22 	a valid driver's license.
38.23 	(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 
38.24 	vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted 
38.25 	under section 84.928 if the person:
38.26 	(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 
38.27 	and
38.28 	(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

38.29 	Sec. 9. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
38.30 		Subd. 2.Standards. (a) An appropriation for asset preservation may be used only for a 
38.31 	capital expenditure on a capital asset previously owned by the state, within the meaning of 
38.32 	generally accepted accounting principles as applied to public expenditures. The commissioner 
39.1 	of natural resources will consult with the commissioner of management and budget to the 
39.2 	extent necessary to ensure this and will furnish the commissioner of management and budget 
39.3 	a list of projects to be financed from the account in order of their priority. The legislature 
39.4 	assumes that many projects for preservation and replacement of portions of existing capital 
39.5 	assets will constitute betterments and capital improvements within the meaning of the 
39.6 	Constitution and capital expenditures under generally accepted accounting principles, and 
39.7 	will be financed more efficiently and economically under this section than by direct 
39.8 	appropriations for specific projects.
39.9 	(b) An appropriation for asset preservation must not be used to acquire land or to acquire 
39.10 	or construct buildings or other facilities.
39.11 	(c) Capital budget expenditures for natural resource asset preservation and replacement 
39.12 	projects must be for one or more of the following types of capital projects that support the 
39.13 	existing programmatic mission of the department: code compliance including health and 
39.14 	safety, Americans with Disabilities Act requirements, hazardous material abatement, access 
39.15 	improvement, or air quality improvement; building energy efficiency improvements using 
39.16 	current best practices; building or infrastructure repairs necessary to preserve the interior 
39.17 	and exterior of existing buildings; projects to remove life safety hazards such as building 
39.18 	code violations or structural defects; or renovation of other existing improvements to land, 
39.19 	including but not limited to trails and bridges.
39.20 	(d) Up to ten percent of an appropriation awarded under this section may be used for 
39.21 	design costs for projects eligible to be funded from this account in anticipation of future 
39.22 	funding from the account.

39.23 	Sec. 10. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to 
39.24 	read:
39.25 		Subd. 4.Priorities; report. The commissioner of natural resources must establish 
39.26 	priorities for natural resource asset preservation and replacement projects. By January 15 
39.27 	each year, the commissioner must submit to the commissioner of management and budget 
39.28 	a list of the projects that have been paid for with money from a natural resource asset 
39.29 	preservation and replacement appropriation during the preceding calendar year.

39.30 	Sec. 11. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
39.31 		Subd. 3.Training and mentoring. The commissioner must develop and implement a 
39.32 	training program that adequately prepares Minnesota Naturalist Corps members for the 
40.1 	tasks assigned. Each corps member shall be is assigned a state park an interpretive naturalist 
40.2 	as a mentor.

40.3 	Sec. 12. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
40.4 		Subd. 4.Uniform patch pin. Uniforms worn by members of the Minnesota Naturalist 
40.5 	Corps must have a patch pin that includes the name of the Minnesota Naturalist Corps and 
40.6 	information that the program is funded by the clean water, land, and legacy amendment to 
40.7 	the Minnesota Constitution adopted by the voters in November 2008.

40.8 	Sec. 13. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
40.9 		Subd. 5.Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if 
40.10 	the person:
40.11 	(1) is a permanent resident of the state;
40.12 	(2) is a participant in an approved college internship program or has a postsecondary 
40.13 	degree in a field related to natural resource resources, cultural history, interpretation, or 
40.14 	conservation related field; and
40.15 	(3) has completed at least one year of postsecondary education.

40.16 	Sec. 14. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
40.17 		Subd. 6.Corps member status. Minnesota Naturalist Corps members are not eligible 
40.18 	for unemployment benefits if their services are excluded under section 268.035, subdivision 
40.19 	20, and are not eligible for other benefits except workers' compensation. The corps members 
40.20 	are not employees of the state within the meaning of section 43A.02, subdivision 21.

40.21 	Sec. 15. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
40.22 		Subd. 3.Bait harvest from infested waters. (a) Taking wild animals from infested 
40.23 	waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b), 
40.24 	(c), or (d), and section 97C.341.
40.25 	(b) In waters that are listed as infested waters, except those listed as infested with 
40.26 	prohibited invasive species of fish or certifiable diseases of fish, as defined under section 
40.27 	17.4982, subdivision 6, taking wild animals may be permitted for:
40.28 	(1) commercial taking of wild animals for bait and aquatic farm purposes as provided 
40.29 	in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
41.1 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
41.2 	watermilfoil, when the infested waters are listed solely because they contain Eurasian 
41.3 	watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 
41.4 	exceeding 16 inches in diameter and 32 inches in length.
41.5 	(c) In streams or rivers that are listed as infested waters, except those listed as infested 
41.6 	with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 
41.7 	of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 
41.8 	hook and line for noncommercial personal use is allowed as follows:
41.9 	(1) fish taken under this paragraph must be used on the same body of water where caught 
41.10 	and while still on that water body. Where the river or stream is divided by barriers such as 
41.11 	dams, the fish must be caught and used on the same section of the river or stream;
41.12 	(2) fish taken under this paragraph may not be transported live from or off the water 
41.13 	body;
41.14 	(3) fish harvested under this paragraph may only be used in accordance with this section;
41.15 	(4) any other use of wild animals used for bait from infested waters is prohibited;
41.16 	(5) fish taken under this paragraph must meet all other size restrictions and requirements 
41.17 	as established in rules; and
41.18 	(6) all species listed under this paragraph shall be included in the person's daily limit as 
41.19 	established in rules, if applicable.
41.20 	(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River 
41.21 	downstream of the dam at Taylors Falls, including portions described as 
41.22 	Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items 
41.23 	A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for 
41.24 	angling, as provided in a permit issued under section 84D.11, is allowed as follows:
41.25 	(1) nontarget species must immediately be returned to the water;
41.26 	(2) gizzard shad taken under this paragraph must be used on the same body of water 
41.27 	where caught and while still on that water body. Where the river is divided by barriers such 
41.28 	as dams, the gizzard shad must be caught and used on the same section of the river;
41.29 	(3) gizzard shad taken under this paragraph may not be transported off the water body; 
41.30 	and
41.31 	(4) gizzard shad harvested under this paragraph may only be used in accordance with 
41.32 	this section.
42.1 	This paragraph expires December 1, 2017.
42.2 	(e) Equipment authorized for minnow harvest in a listed infested water by permit issued 
42.3 	under paragraph (b) may not be transported to, or used in, any waters other than waters 
42.4 	specified in the permit.
42.5 	(f) Bait intended for sale may not be held in infested water after taking and before sale, 
42.6 	unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

42.7 	Sec. 16. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
42.8 		Subd. 4.Commercial fishing and turtle, frog, and crayfish harvesting restrictions 
42.9 	in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines 
42.10 	used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 
42.11 	is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined 
42.12 	in section 17.4982, may not be used in any other waters. If a commercial licensee operates 
42.13 	in an infested water listed because it contains invasive fish, invertebrates, or certifiable 
42.14 	diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used 
42.15 	for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with 
42.16 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be 
42.17 	tagged with tags provided by the commissioner, as specified in the commercial licensee's 
42.18 	license or permit. Tagged gear must not be used in any water bodies other than those specified 
42.19 	in the license or permit. The permit may authorize department staff to remove tags after the 
42.20 	gear is decontaminated. This tagging requirement does not apply to commercial fishing 
42.21 	equipment used in Lake Superior.
42.22 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 
42.23 	frog, or crayfish harvesting in an infested water that is listed solely because it contains 
42.24 	Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 
42.25 	of two days before they are used in any other waters, except as provided in this paragraph. 
42.26 	Commercial licensees must notify the department's regional or area fisheries office or a 
42.27 	conservation officer before removing nets or equipment from an infested water listed solely 
42.28 	because it contains Eurasian watermilfoil and before resetting those nets or equipment in 
42.29 	any other waters. Upon notification, the commissioner may authorize a commercial licensee 
42.30 	to move nets or equipment to another water without freezing or drying, if that water is listed 
42.31 	as infested solely because it contains Eurasian watermilfoil.
42.32 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
42.33 	equipment before placing the equipment into waters of the state.
43.1 	(d) The commissioner shall provide a commercial licensee with a current listing of listed 
43.2 	infested waters at the time that a license or permit is issued.

43.3 	Sec. 17. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
43.4 		Subdivision 1.Classes. The commissioner shall, as provided in this chapter, classify 
43.5 	nonnative species of aquatic plants and wild animals, including subspecies, genotypes, 
43.6 	cultivars, hybrids, or genera of nonnative species, according to the following categories:
43.7 	(1) prohibited invasive species, which may not be possessed, imported, purchased, sold, 
43.8 	propagated, transported, or introduced except as provided in section 84D.05;
43.9 	(2) regulated invasive species, which may not be introduced except as provided in section 
43.10 	84D.07;
43.11 	(3) unlisted nonnative species, which are subject to the classification procedure in section 
43.12 	84D.06; and
43.13 	(4) unregulated nonnative species, which are not subject to regulation under this chapter.

43.14 	Sec. 18. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
43.15 		Subdivision 1.Prohibited activities. A person may not possess, import, purchase, sell, 
43.16 	propagate, transport, or introduce a prohibited invasive species, except:
43.17 	(1) under a permit issued by the commissioner under section 84D.11;
43.18 	(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
43.19 	(3) under a restricted species permit issued under section 17.457;
43.20 	(4) when being transported to the department, or another destination as the commissioner 
43.21 	may direct, in a sealed container for purposes of identifying the species or reporting the 
43.22 	presence of the species;
43.23 	(5) when being transported for disposal as part of a harvest or control activity when 
43.24 	specifically authorized under a permit issued by the commissioner according to section 
43.25 	103G.615, when being transported for disposal as specified under a commercial fishing 
43.26 	license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 
43.27 	97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;
43.28 	(6) when being removed from watercraft and equipment, or caught while angling, and 
43.29 	immediately returned to the water from which they came; or
44.1 	(7) when being transported from riparian property to a legal disposal site that is at least 
44.2 	100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited 
44.3 	invasive species are in a covered commercial vehicle specifically designed and used for 
44.4 	hauling trash; or
44.5 	(7) (8) as the commissioner may otherwise prescribe by rule.

44.6 	Sec. 19. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
44.7 		Subd. 2a.Lake Minnetonka pilot study. (a) The commissioner may issue an additional 
44.8 	permit to service providers to return to Lake Minnetonka water-related equipment with 
44.9 	zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. 
44.10 	The permit must include verification and documentation requirements and any other 
44.11 	conditions the commissioner deems necessary.
44.12 	(b) Water-related equipment with zebra mussels attached may be returned only to Lake 
44.13 	Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted 
44.14 	under subdivision 1.
44.15 	(c) The service provider's place of business must be within the Lake Minnetonka 
44.16 	Conservation District as established according to sections 103B.601 to 103B.645, or within 
44.17 	a municipality immediately bordering the Lake Minnetonka Conservation District's 
44.18 	boundaries.
44.19 	(d) A service provider applying for a permit under this subdivision must, if approved 
44.20 	for a permit and before the permit is valid, furnish a corporate surety bond in favor of the 
44.21 	state for $50,000 payable upon violation of this chapter while the service provider is acting 
44.22 	under a permit issued according to this subdivision.
44.23 	(e) This subdivision expires December 1, 2018 2019.

44.24 	Sec. 20. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 
44.25 	to read:
44.26 		Subd. 2b.Gull Lake pilot study. (a) The commissioner may include an additional 
44.27 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
44.28 	Gull Narrows State Water Access Site, Government Point State Water Access Site, and 
44.29 	Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305) 
44.30 	in Cass and Crow Wing Counties utilizing the same authorities, general procedures, and 
44.31 	requirements provided for the Lake Minnetonka pilot project in section 84D.108, subdivision 
45.1 	2a. Lake service providers participating in the Gull Lake targeted pilot study place of business 
45.2 	must be located within Cass or Crow Wing County.
45.3 	(b) If an additional targeted pilot project for Gull Lake is implemented under this section, 
45.4 	the report to the chairs and ranking minority members of the senate and house of 
45.5 	representatives committees having jurisdiction over natural resources required under Laws 
45.6 	2016, chapter 189, article 3, section 48, shall also include the Gull Lake targeted pilot study 
45.7 	recommendations and assessments.
45.8 	(c) This subdivision expires December 1, 2019.

45.9 	Sec. 21. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to 
45.10 	read:
45.11 		Subd. 1a.Permit for invasive carp. The commissioner may issue a permit to 
45.12 	departmental divisions for tagging bighead, black, grass, or silver carp for research or 
45.13 	control. Under the permit, the carp may be released into the water body from which the carp 
45.14 	was captured. This subdivision expires December 31, 2021.

45.15 	Sec. 22. Minnesota Statutes 2016, section 85.0505, is amended by adding a subdivision 
45.16 	to read:
45.17 		Subd. 3.Fort Ridgely State Park. Liquor may be sold and consumed by the drink on 
45.18 	the golf course in Fort Ridgely State Park, subject to other laws relating to the sale of 
45.19 	intoxicating liquor when the golf course is operated by a nonstate entity.

45.20 	Sec. 23. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
45.21 	Golf carts may be operated on the golf course portion of Fort Ridgely State Park when 
45.22 	the golf course is operated by a nonstate entity.

45.23 	Sec. 24. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:
45.24 		Subd. 8.Free permit; military personnel; exemption. (a) A one-day permit, Annual 
45.25 	permits under subdivision 4, shall 1 must be issued without a fee for a motor vehicle being 
45.26 	used by a person who is serving in to active military service personnel in any branch or unit 
45.27 	of the United States armed forces and who is stationed outside Minnesota, during the period 
45.28 	of active service and for 90 days immediately thereafter, if the or their dependents and to 
45.29 	recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a
45.30 	person presents the person's current military orders must present qualifying military 
45.31 	identification or an annual pass for the United States military issued through the National 
46.1 	Parks and Federal Recreational Lands Pass program to the park attendant on duty or other 
46.2 	designee of the commissioner.
46.3 	(b) For purposes of this section, "active service" has the meaning given under section 
46.4 	190.05, subdivision 5c, when performed outside Minnesota subdivision, the commissioner 
46.5 	shall establish what constitutes qualifying military identification in the State Register.
46.6 	(c) A permit is not required for a motor vehicle being used by military personnel or their 
46.7 	dependents who have in their possession the annual pass for United States military and their 
46.8 	dependents issued by the federal government for access to federal recreation sites For 
46.9 	vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is 
46.10 	valid only when displayed on a vehicle owned and occupied by the person to whom the 
46.11 	permit is issued.
46.12 	(d) The commissioner may issue a daily vehicle permit free of charge to an individual 
46.13 	who qualifies under paragraph (a) and does not own or operate a motor vehicle.

46.14 	Sec. 25. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:
46.15 		Subd. 10.Free entrance permit; disabled veterans. (a) The commissioner shall issue 
46.16 	an annual park permit for no charge to any veteran with a total and permanent 
46.17 	service-connected disability, and a daily park permit to any resident veteran with any level 
46.18 	of service-connected disability, as determined by the United States Department of Veterans 
46.19 	Affairs, who presents each year a copy of the veteran's determination letter or other official 
46.20 	form of validation issued by the United States Department of Veterans Affairs or the United 
46.21 	States Department of Defense to a park attendant or commissioner's designee. For the 
46.22 	purposes of this section subdivision, "veteran" has the meaning given in section 197.447.
46.23 	(b) For vehicles permitted under paragraph (a), the permit or decal issued under this 
46.24 	subdivision is valid only when displayed on a vehicle owned and occupied by the person 
46.25 	to whom the permit is issued.
46.26 	(c) The commissioner may issue a daily vehicle permit free of charge to an individual 
46.27 	who qualifies under paragraph (a) and does not own or operate a motor vehicle.

46.28 	Sec. 26. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to 
46.29 	read:
46.30 		Subd. 19.Fort Ridgely golf course. A state park permit is not required and a fee may 
46.31 	not be charged for motor vehicle entry or parking for persons using only the golf course 
46.32 	portion of Fort Ridgely State Park when the golf course is operated by a nonstate entity.

47.1 	Sec. 27. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:
47.2 		Subd. 2a.Receipts, appropriation. All receipts derived from the rental or sale of state 
47.3 	park items, tours at Forestville Mystery Cave State Park, interpretation programs, educational 
47.4 	programs, and operation of Douglas Lodge shall be deposited in the state treasury and be 
47.5 	credited to the state parks working capital account. Receipts and expenses from Douglas 
47.6 	Lodge shall be tracked separately within the account. Money in the account is annually 
47.7 	appropriated for the purchase and payment of expenses attributable to items for resale or 
47.8 	rental and operation of Douglas Lodge. Any excess receipts in this account are annually 
47.9 	appropriated for state park management and interpretive programs.

47.10 	Sec. 28. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
47.11 		Subdivision 1.Areas marked Designation. The commissioner of natural resources is 
47.12 	authorized in cooperation with local units of government and private individuals and groups 
47.13 	when feasible to mark manage state water trails on the Lake Superior water trail under 
47.14 	section 85.0155 and on the following rivers, which have historic, recreational, and scenic 
47.15 	values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 
47.16 	Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, 
47.17 	Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa 
47.18 	from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River 
47.19 	of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, andVermilion in 
47.20 	St. Louis County, North Fork of the Crow, and South Fork of the Crow Rivers, which have 
47.21 	historic and scenic values, and to mark appropriately. The commissioner may map and sign
47.22 	points of interest, public water access sites, portages, camp sites, and all dams, rapids, 
47.23 	waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and 
47.24 	watercraft travelers. The commissioner may maintain passageway for watercraft on state 
47.25 	water trails.

47.26 	Sec. 29. [85.47] SPECIAL USE PERMITS; FEES.
47.27 	Fees collected for special use permits to use state trails not on state forest, state park, or 
47.28 	state recreation area lands and for use of state water access sites must be deposited in the 
47.29 	natural resources fund.

47.30 	Sec. 30. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:
47.31 		Subd. 2.Exemptions. A watercraft license is not required for:
48.1 	(1) a watercraft that is covered by a license or number in full force and effect under 
48.2 	federal law or a federally approved licensing or numbering system of another state, or a 
48.3 	watercraft that is owned by a person from another state and that state does not require 
48.4 	licensing that type of watercraft, and the watercraft has not been within this state for more 
48.5 	than 90 consecutive days, which does not include days that a watercraft is laid up at dock 
48.6 	over winter or for repairs at a Lake Superior port or another port in the state;
48.7 	(2) a watercraft from a country other than the United States that has not been within this 
48.8 	state for more than 90 consecutive days, which does not include days that a watercraft is 
48.9 	laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
48.10 	(3) a watercraft owned by the United States, an Indian tribal government, a state, or a 
48.11 	political subdivision of a state, except watercraft used for recreational purposes;
48.12 	(4) a ship's lifeboat;
48.13 	(5) a watercraft that has been issued a valid marine document by the United States 
48.14 	government;
48.15 	(6) a waterfowl boat during waterfowl-hunting season;
48.16 	(7) a rice boat during the harvest season;
48.17 	(8) a seaplane;
48.18 	(9) a nonmotorized watercraft ten feet in length or less; and
48.19 	(10) a watercraft that is covered by a valid license or number issued by a federally 
48.20 	recognized Indian tribe in the state under a federally approved licensing or numbering system 
48.21 	and that is owned by a member of that tribe.

48.22 	Sec. 31. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
48.23 		Subdivision 1.General requirements. (a) In addition to requirements of other laws 
48.24 	relating to watercraft, a person may not operate or permit the operation of a personal 
48.25 	watercraft:
48.26 	(1) without each person on board the personal watercraft wearing a United States Coast 
48.27 	Guard (USCG) approved wearable personal flotation device with a that is approved by the 
48.28 	United States Coast Guard (USCG) and has a USCG label indicating it the flotation device
48.29 	either is approved for or does not prohibit use with personal watercraft or water skiing;
48.30 	(2) between one hour before sunset and 9:30 a.m.;
48.31 	(3) at greater than slow-no wake speed within 150 feet of:
49.1 	(i) a shoreline;
49.2 	(ii) a dock;
49.3 	(iii) a swimmer;
49.4 	(iv) a raft used for swimming or diving; or
49.5 	(v) a moored, anchored, or nonmotorized watercraft;
49.6 	(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other 
49.7 	device unless:
49.8 	(i) an observer is on board; or
49.9 	(ii) the personal watercraft is equipped with factory-installed or factory-specified 
49.10 	accessory mirrors that give the operator a wide field of vision to the rear;
49.11 	(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, 
49.12 	or personal flotation device of the operator, if the personal watercraft is equipped by the 
49.13 	manufacturer with such a device;
49.14 	(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 
49.15 	tampered with so as to interfere with the return-to-idle system;
49.16 	(7) to chase or harass wildlife;
49.17 	(8) through emergent or floating vegetation at other than a slow-no wake speed;
49.18 	(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 
49.19 	including weaving through congested watercraft traffic, jumping the wake of another 
49.20 	watercraft within 150 feet of the other watercraft, or operating the watercraft while facing 
49.21 	backwards;
49.22 	(10) in any other manner that is not reasonable and prudent; or
49.23 	(11) without a personal watercraft rules decal, issued by the commissioner, attached to 
49.24 	the personal watercraft so as to be in full view of the operator.
49.25 	(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft 
49.26 	to launch or land a person on water skis, a kneeboard, or similar device by the most direct 
49.27 	route to open water.

49.28 	Sec. 32. Minnesota Statutes 2016, section 86B.511, is amended to read:
49.29 	86B.511 LIGHTS.
50.1 		Subdivision 1.Navigation lights. Except as provided in section 169.541, a watercraft 
50.2 	using the waters of this state, when underway or in use between sunset and sunrise, must 
50.3 	carry and display the navigation lights prescribed by the commissioner for the watercraft.
50.4 		Subd. 2.Other lights. (a) No person may operate a watercraft with lights that are not 
50.5 	navigation lights required under subdivision 1, that are visible on the exterior of the 
50.6 	watercraft, and that:
50.7 	(1) interfere with the visibility of navigation lights; or
50.8 	(2) are red, green, or blue.
50.9 	(b) Notwithstanding paragraph (a), watercraft operated for government-sanctioned public 
50.10 	safety activities may display an alternately flashing red and yellow light signal for 
50.11 	identification. The lights must not interfere with the visibility of the navigation lights. No 
50.12 	special privilege is granted. Operators must not presume that the light or exigency gives 
50.13 	them precedence or right-of-way.
50.14 	(c) Notwithstanding paragraph (a), law enforcement may operate watercraft with lights 
50.15 	that are flashing blue when engaged in law enforcement activities. The lights must not 
50.16 	interfere with the visibility of the navigation lights.
50.17 	(d) A first violation of this subdivision shall not result in a penalty, but is punishable 
50.18 	only by a safety warning. A second or subsequent violation is a petty misdemeanor.

50.19 	Sec. 33. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:
50.20 		Subd. 3.Allocation of funding. (a) Notwithstanding section 16A.41, expenditures 
50.21 	directly related to each appropriation's purpose made on or after January 1 of the fiscal year 
50.22 	in which the grant is made or the date of work plan approval, whichever is later, are eligible 
50.23 	for reimbursement unless otherwise provided.
50.24 	(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be 
50.25 	determined by the commissioner on the basis of the following criteria:
50.26 	(1) the number of watercraft using the waters wholly or partially within the county;
50.27 	(2) the number of watercraft using particular bodies of water, wholly or partially within 
50.28 	the county, in relation to the size of the body of water and the type, speed, and size of the 
50.29 	watercraft utilizing the water body;
50.30 	(3) the amount of water acreage wholly or partially within the county;
50.31 	(4) the overall performance of the county in the area of boat and water safety;
51.1 	(5) special considerations, such as volume of transient or nonresident watercraft use, 
51.2 	number of rental watercraft, extremely large bodies of water wholly or partially in the 
51.3 	county; or
51.4 	(6) any other factor as determined by the commissioner.
51.5 	(b) (c) The commissioner may require reports from the counties, make appropriate 
51.6 	surveys or studies, or utilize local surveys or studies to determine the criteria required in 
51.7 	allocation funds.

51.8 	Sec. 34. Minnesota Statutes 2016, section 88.523, is amended to read:
51.9 	88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
51.10 	Upon application of the owner, any auxiliary forest contract may be made subject to any 
51.11 	provisions of law enacted subsequent to the execution of the contract and in force at the 
51.12 	time of application, so far as not already applicable, with the approval of the county board 
51.13 	and the commissioner of natural resources. A supplemental agreement in a form format
51.14 	prescribed by the commissioner and approved by the attorney general must be executed by 
51.15 	the commissioner in behalf of the state and by the owner. The supplemental agreement must 
51.16 	be filed and recorded in like manner as the supplemental contract under section 88.49, 
51.17 	subdivision 9, and takes effect upon filing and recording.

51.18 	Sec. 35. Minnesota Statutes 2016, section 89.39, is amended to read:
51.19 	89.39 PURCHASE AGREEMENTS AND PENALTIES.
51.20 	Every individual, partnership, or private corporation to whom any planting stock is 
51.21 	supplied for planting on private land hereunder shall under sections 89.35 to 89.39 must
51.22 	execute an agreement, upon a form in a format approved by the attorney general
51.23 	commissioner, to comply with all the requirements of sections 89.35 to 89.39 and all
51.24 	conditions prescribed by the commissioner hereunder thereunder. Any party to such an 
51.25 	agreement who shall violate any provision thereof shall, violates the agreement is, in addition 
51.26 	to any other penalties that may be applicable, be liable to the state in a sum equal to three 
51.27 	times the reasonable value of the trees affected by the violation at the time the same trees
51.28 	were shipped for planting; provided, that if such the trees are sold or offered for sale for 
51.29 	any purpose not herein authorized, such under sections 89.35 to 89.39, the penalty shall be
51.30 	is equal to three times the sale price. Such The penalties shall be are recoverable in a civil 
51.31 	action brought in the name of the state by the attorney general.

52.1 	Sec. 36. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to 
52.2 	read:
52.3 		Subd. 1a.Affiliate. "Affiliate" means a person who:
52.4 	(1) controls, is controlled by, or is under common control with any other person, 
52.5 	including, without limitation, a partner, business entity with common ownership, or principal 
52.6 	of any business entity or a subsidiary, parent company, or holding company of any person; 
52.7 	or
52.8 	(2) bids as a representative for another person.

52.9 	Sec. 37. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
52.10 		Subd. 8.Permit holder. "Permit holder" means the person or affiliate of the person who 
52.11 	is the signatory of a permit to cut timber on state lands.

52.12 	Sec. 38. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
52.13 		Subd. 12.Responsible bidder. "Responsible bidder" means a person or affiliate of a 
52.14 	person who is financially responsible; demonstrates the judgment, skill, ability, capacity, 
52.15 	and integrity requisite and necessary to perform according to the terms of a permit issued 
52.16 	under this chapter; and is not currently debarred by another a government entity for any 
52.17 	cause.

52.18 	Sec. 39. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
52.19 		Subd. 2.Trespass on state lands. The commissioner may compromise and settle, with 
52.20 	notification to the attorney general, upon terms the commissioner deems just, any claim of 
52.21 	the state for casual and involuntary trespass upon state lands or timber; provided that no 
52.22 	claim shall be settled for less than the full value of all timber or other materials taken in 
52.23 	casual trespass or the full amount of all actual damage or loss suffered by the state as a 
52.24 	result. Upon request, the commissioner shall advise the Executive Council of any information 
52.25 	acquired by the commissioner concerning any trespass on state lands, giving all details and 
52.26 	names of witnesses and all compromises and settlements made under this subdivision.

52.27 	Sec. 40. Minnesota Statutes 2016, section 90.051, is amended to read:
52.28 	90.051 SUPERVISION OF SALES; BOND.
53.1 	The department employee delegated to supervise state timber appraisals and sales shall 
53.2 	be bonded in a form to be prescribed by the attorney general commissioner and in the sum 
53.3 	of not less than $25,000, conditioned upon the faithful and honest performance of duties.

53.4 	Sec. 41. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
53.5 		Subd. 2.Sale list and notice. At least 30 days before the date of sale, the commissioner 
53.6 	shall compile a list containing a description of each tract of land upon which any timber to 
53.7 	be offered is situated and a statement of the estimated quantity of timber and of the appraised 
53.8 	price of each kind of timber thereon as shown by the report of the state appraiser. No 
53.9 	description shall be added after the list is posted and no timber shall be sold from land not 
53.10 	described in the list. Copies of the list shall must be furnished to all interested applicants. 
53.11 	At least 30 days before the date of sale, a copy of the list shall must be posted on the Internet 
53.12 	or conspicuously posted in the forest office or other public facility most accessible to potential 
53.13 	bidders at least 30 days prior to the date of sale. The commissioner shall cause a notice to 
53.14 	be published once not less than one week before the date of sale in a legal newspaper in the 
53.15 	county or counties where the land is situated. The notice shall state the time and place of 
53.16 	the sale and the location at which further information regarding the sale may be obtained. 
53.17 	The commissioner may give other published or posted notice as the commissioner deems 
53.18 	proper to reach prospective bidders.

53.19 	Sec. 42. Minnesota Statutes 2016, section 90.14, is amended to read:
53.20 	90.14 AUCTION SALE PROCEDURE.
53.21 	(a) All state timber shall be offered and sold by the same unit of measurement as it was 
53.22 	appraised. No tract shall be sold to any person other than the purchaser responsible bidder
53.23 	in whose name the bid was made. The commissioner may refuse to approve any and all bids 
53.24 	received and cancel a sale of state timber for good and sufficient reasons.
53.25 	(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, 
53.26 	or, if unsold at public auction, at the time of purchase at a subsequent sale under section 
53.27 	90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the 
53.28 	appraised value. In case any purchaser fails to make such payment, the purchaser shall be 
53.29 	liable therefor to the state in a civil action, and the commissioner may reoffer the timber 
53.30 	for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been 
53.31 	made.
53.32 	(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state 
53.33 	timber may, at the time of payment by the purchaser to the commissioner of 15 percent of 
54.1 	the appraised value, elect in writing on a form format prescribed by the attorney general
54.2 	commissioner to purchase a permit based solely on the appraiser's estimate of the volume 
54.3 	of timber described in the permit, provided that the commissioner has expressly designated 
54.4 	the availability of such option for that tract on the list of tracts available for sale as required 
54.5 	under section 90.101. A purchaser who elects in writing on a form format prescribed by the 
54.6 	attorney general commissioner to purchase a permit based solely on the appraiser's estimate 
54.7 	of the volume of timber described on the permit does not have recourse to the provisions 
54.8 	of section 90.281.
54.9 	(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be 
54.10 	awarded to the high bidder, who shall pay to the commissioner a down payment of 15 
54.11 	percent of the appraised value that must be received or postmarked within 14 days of the 
54.12 	date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser 
54.13 	is liable for the down payment to the state and the commissioner may offer the timber for 
54.14 	sale to the next highest bidder as though no higher bid had been made.
54.15 	(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued 
54.16 	under section 90.151, the commissioner shall require the purchaser to make a bid guarantee 
54.17 	payment to the commissioner in an amount equal to 15 percent of the total purchase price 
54.18 	of the permit less the down payment amount required by paragraph (b) for any bid increase 
54.19 	in excess of $10,000 of the appraised value. If a required bid guarantee payment is not 
54.20 	submitted with the signed permit, no harvesting may occur, the permit cancels, and the 
54.21 	down payment for timber forfeits to the state. The bid guarantee payment forfeits to the 
54.22 	state if the purchaser and successors in interest fail to execute an effective permit.

54.23 	Sec. 43. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
54.24 		Subd. 2.Purchaser registration. To facilitate the sale of permits issued under section 
54.25 	90.151, the commissioner may establish a registration system to verify the qualifications 
54.26 	of a person or affiliate as a responsible bidder to purchase a timber permit. Any system 
54.27 	implemented by the commissioner shall be limited in scope to only that information that is 
54.28 	required for the efficient administration of the purchaser qualification requirements of this 
54.29 	chapter. The registration system established under this subdivision is not subject to the 
54.30 	rulemaking provisions of chapter 14 and section 14.386 does not apply.

54.31 	Sec. 44. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
54.32 		Subdivision 1.Issuance; expiration. (a) Following receipt of the down payment for 
54.33 	state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered 
55.1 	permit to the purchaser, in a form format approved by the attorney general commissioner, 
55.2 	by the terms of which the purchaser shall be is authorized to enter upon the land, and to cut 
55.3 	and remove the timber therein described in the permit as designated for cutting in the report 
55.4 	of the state appraiser, according to the provisions of this chapter. The permit shall must be 
55.5 	correctly dated and executed by the commissioner and signed by the purchaser. If a permit 
55.6 	is not signed by the purchaser within 45 days from the date of purchase, the permit cancels 
55.7 	and the down payment for timber required under section 90.14 forfeits to the state. The 
55.8 	commissioner may grant an additional period for the purchaser to sign the permit, not to 
55.9 	exceed ten business days, provided the purchaser pays a $200 penalty fee.
55.10 	(b) The permit shall expire expires no later than five years after the date of sale as the 
55.11 	commissioner shall specify or as specified under section 90.191, and the timber shall must
55.12 	be cut and removed within the time specified therein. If additional time is needed, the permit 
55.13 	holder must request, prior to before the expiration date, and may be granted, for good and 
55.14 	sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and 
55.15 	removing all equipment and buildings. All cut timber, equipment, and buildings not removed 
55.16 	from the land after expiration of the permit becomes the property of the state.
55.17 	(c) The commissioner may grant an additional period of time not to exceed 240 days 
55.18 	for the removal of removing cut timber, equipment, and buildings upon receipt of a written 
55.19 	request by the permit holder for good and sufficient reasons. The permit holder may combine 
55.20 	in the written request under this paragraph the request for additional time under paragraph 
55.21 	(b).

55.22 	Sec. 45. Minnesota Statutes 2016, section 90.162, is amended to read:
55.23 	90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
55.24 	In lieu of the security deposit equal to the value of all timber covered by the permit 
55.25 	required by section 90.161, a purchaser of state timber may elect in writing on a form format
55.26 	prescribed by the attorney general commissioner to give good and valid surety to the state 
55.27 	of Minnesota equal to the purchase price for any designated cutting block identified on the 
55.28 	permit before the date the purchaser enters upon the land to begin harvesting the timber on 
55.29 	the designated cutting block.

55.30 	Sec. 46. Minnesota Statutes 2016, section 90.252, is amended to read:
55.31 	90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; 
55.32 	FEES.
56.1 		Subdivision 1.Scaling agreement. The commissioner may enter into an agreement with 
56.2 	either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling 
56.3 	of the cut timber and the collection of the payment for the same can be consummated by 
56.4 	the state. Such an The agreement shall must be approved as to form and content by the 
56.5 	attorney general commissioner and shall must provide for a bond or cash in lieu of a bond 
56.6 	and such other safeguards as are necessary to protect the interests of the state. The scaling 
56.7 	and payment collection procedure may be used for any state timber sale, except that no 
56.8 	permittee who is also the consumer shall both cut and scale the timber sold unless such the
56.9 	scaling is supervised by a state scaler.
56.10 		Subd. 2.Weight measurement services; fees. The commissioner may enter into an 
56.11 	agreement with the owner or operator of any weight scale inspected, tested, and approved 
56.12 	under chapter 239 to provide weight measurements for the scaling of state timber according 
56.13 	to section 90.251. The agreement shall must be on a form in a format prescribed by the 
56.14 	attorney general commissioner, shall become a becomes part of the official record of any 
56.15 	state timber permit so scaled, and shall must contain safeguards that are necessary to protect 
56.16 	the interests of the state. Except as otherwise provided by the commissioner, the cost of any 
56.17 	agreement to provide weight measurement of state timber shall must be paid by the permit 
56.18 	holder of any state timber permit so measured and the cost shall must be included in the 
56.19 	statement of the amount due for the permit under section 90.181, subdivision 1.

56.20 	Sec. 47. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:
56.21 		Subd. 4.Administration and enforcement. The commissioner shall administer and 
56.22 	enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the 
56.23 	commissioner may (1) conduct such investigations and inspections as the commissioner 
56.24 	deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon 
56.25 	any parts of the mining areas in connection with any such investigation and inspection 
56.26 	without liability to the operator or landowner provided that reasonable prior notice of 
56.27 	intention to do so shall have been given the operator or landowner; (3) conduct such research 
56.28 	or enter into contracts related to mining areas and the reclamation thereof as may be necessary 
56.29 	to carry out the provisions of sections 93.46 to 93.50; and (4) allocate surplus wetland credits 
56.30 	that are approved by the commissioner under a permit to mine on or after July 1, 1991, and 
56.31 	that are not otherwise deposited in a state wetland bank.

56.32 	EFFECTIVE DATE. This section is effective retroactively from July 1, 1991.

57.1 	Sec. 48. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
57.2 		Subd. 9.Approval by attorney general commissioner. No exchange of class A land 
57.3 	shall be consummated unless the attorney general shall have given an opinion in writing
57.4 	commissioner determines that the title to the land proposed to be conveyed to the state is 
57.5 	good and marketable, free from all liens and, with all encumbrances identified except 
57.6 	reservations herein authorized. The commissioner may use title insurance to aid in the title 
57.7 	determination. If required by the attorney general commissioner, the landowner shall must
57.8 	submit an abstract of title and make and file with the commissioner an affidavit as to 
57.9 	possession of the land, improvements, liens, and encumbrances thereon, and other matters 
57.10 	affecting the title.

57.11 	Sec. 49. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
57.12 		Subd. 9.Approval of county attorney. No exchange of class B land shall be 
57.13 	consummated unless the title to the land proposed to be exchanged therefor shall is first be
57.14 	approved by the county attorney in like manner as provided for approval by the attorney 
57.15 	general commissioner in case of class A land. The county attorney's opinion on the title 
57.16 	shall be is subject to approval by the attorney general commissioner.

57.17 	Sec. 50. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision 
57.18 	to read:
57.19 		Subd. 35a.Portable shelter. "Portable shelter" means a fish house, dark house, or other 
57.20 	shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is 
57.21 	disassembled for transportation.

57.22 	Sec. 51. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
57.23 		Subd. 39.Protected wild animals. "Protected wild animals" are the following wild 
57.24 	animals: means big game, small game, game fish, rough fish, minnows, leeches, alewives, 
57.25 	ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, 
57.26 	turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal 
57.27 	species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 
57.28 	6134, and wild animals that are protected by a restriction in the time or manner of taking, 
57.29 	other than a restriction in the use of artificial lights, poison, or motor vehicles.

58.1 	Sec. 52. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
58.2 		Subd. 43.Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, 
58.3 	burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered, 
58.4 	threatened, or of special concern in Minnesota Rules, chapter 6134.

58.5 	Sec. 53. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
58.6 		Subd. 45.Small game. "Small game" means game birds, gray squirrel, fox squirrel, 
58.7 	cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel, 
58.8 	long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, 
58.9 	wolverine, muskrat, mink, otter, and beaver.

58.10 	Sec. 54. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
58.11 		Subd. 52.Unprotected birds. "Unprotected birds" means English sparrow, blackbird,
58.12 	starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, 
58.13 	quail other than bobwhite quail, and mute swan.

58.14 	Sec. 55. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
58.15 		Subd. 53.Unprotected wild animals. "Unprotected wild animals" means wild animals 
58.16 	that are not protected wild animals including weasel, coyote, plains pocket gopher, porcupine, 
58.17 	striped skunk, and unprotected birds, except any animal species listed as endangered, 
58.18 	threatened, or of special concern in Minnesota Rules, chapter 6134.

58.19 	Sec. 56. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
58.20 		Subd. 10.Reciprocal agreements on violations. The commissioner, with the approval 
58.21 	of the attorney general, may enter into reciprocal agreements with game and fish authorities 
58.22 	in other states and the United States government to provide for:
58.23 	(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents 
58.24 	for violations of game and fish laws committed in signatory jurisdictions which that result 
58.25 	in license revocation in that jurisdiction;
58.26 	(2) reporting convictions and license revocations of residents of signatory states for 
58.27 	violations of game and fish laws of Minnesota to game and fish authorities in the 
58.28 	nonresident's state of residence; and
59.1 	(3) release upon signature without posting of bail for residents of signatory states accused 
59.2 	of game and fish law violations in this state, providing for recovery, in the resident 
59.3 	jurisdiction, of fines levied if the citation is not answered in this state.
59.4 	As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

59.5 	Sec. 57. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:
59.6 		Subdivision 1.Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 
59.7 	"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), 
59.8 	(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 
59.9 	8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
59.10 	(b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife 
59.11 	trust fund, established in section 97A.4742, for each license issued under section 97A.473, 
59.12 	subdivision 4, shall be credited to the deer management account and is appropriated to the 
59.13 	commissioner for deer habitat improvement or deer management programs.
59.14 	(c) $1 from each annual deer license and each bear license and $1 annually from the 
59.15 	lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued 
59.16 	under section 97A.473, subdivision 4, shall be credited to the deer and bear management 
59.17 	account and is appropriated to the commissioner for deer and bear management programs, 
59.18 	including a computerized licensing system.
59.19 	(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild 
59.20 	cervidae health management account and is appropriated for emergency deer feeding and 
59.21 	wild cervidae health management. Money appropriated for emergency deer feeding and 
59.22 	wild cervidae health management is available until expended.
59.23 	When the unencumbered balance in the appropriation for emergency deer feeding and 
59.24 	wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the 
59.25 	unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear 
59.26 	management programs and computerized licensing.
59.27 	(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime 
59.28 	fish and wildlife trust fund established in section 97A.4742, for each license issued under 
59.29 	section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring 
59.30 	account under subdivision 7.

59.31 	EFFECTIVE DATE. This section is effective July 1 of the year following the year the 
59.32 	wolf is delisted under the federal Endangered Species Act.

60.1 	Sec. 58. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:
60.2 		Subd. 6.Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with 
60.3 	a scope to take deer during the muzzleloader season. The scope may have magnification 
60.4 	capabilities.

60.5 	Sec. 59. [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
60.6 	The commissioner of natural resources shall not adopt rules further restricting the use 
60.7 	of lead shot.

60.8 	EFFECTIVE DATE. This section is effective the day following final enactment and 
60.9 	applies to rules adopted on or after that date.

60.10 	Sec. 60. Minnesota Statutes 2016, section 97B.071, is amended to read:
60.11 	97B.071 BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE 
60.12 	OR BLAZE PINK.
60.13 	(a) Except as provided in rules adopted under paragraph (c), a person may not hunt or 
60.14 	trap during the open season where deer may be taken by firearms under applicable laws and 
60.15 	ordinances, unless the visible portion of the person's cap and outer clothing above the waist, 
60.16 	excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
60.17 	includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each 
60.18 	foot square. This section does not apply to migratory-waterfowl hunters on waters of this 
60.19 	state or in a stationary shooting location or to trappers on waters of this state.
60.20 	(b) Except as provided in rules adopted under paragraph (c), and in addition to the 
60.21 	requirement in paragraph (a), a person may not take small game other than turkey, migratory 
60.22 	birds, raccoons, and predators, except while trapping, unless a visible portion of at least one 
60.23 	article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph 
60.24 	does not apply to a person when in a stationary location while hunting deer by archery or 
60.25 	when hunting small game by falconry.
60.26 	(c) The commissioner may, by rule, prescribe an alternative color in cases where 
60.27 	paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public 
60.28 	Law 103-141.
60.29 	(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by 
60.30 	a safety warning.

61.1 	Sec. 61. Minnesota Statutes 2016, section 97B.405, is amended to read:
61.2 	97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
61.3 	(a) The commissioner may limit the number of persons that may hunt bear in an area, 
61.4 	if it is necessary to prevent an overharvest or improve the distribution of hunters. The 
61.5 	commissioner may establish, by rule, a method, including a drawing, to impartially select 
61.6 	the hunters for an area. The commissioner shall give preference to hunters that have 
61.7 	previously applied and have not been selected.
61.8 	(b) If the commissioner limits the number of persons that may hunt bear in an area under 
61.9 	paragraph (a), the commissioner must reserve one permit and give first preference for that 
61.10 	permit to a resident of a Minnesota veterans home.
61.11 	(b) (c) A person selected through a drawing must purchase a license by August 1. Any 
61.12 	remaining available licenses not purchased shall be issued to any eligible person as prescribed 
61.13 	by the commissioner on a first-come, first-served basis beginning three business days after 
61.14 	August 1.

61.15 	Sec. 62. Minnesota Statutes 2016, section 97B.431, is amended to read:
61.16 	97B.431 BEAR-HUNTING OUTFITTERS.
61.17 	(a) A person may not place bait for bear, or guide hunters to take bear, for compensation 
61.18 	without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a 
61.19 	license to take bear unless the outfitter is attempting to shoot a bear. The commissioner 
61.20 	shall adopt rules for qualifications for issuance and administration of the licenses.
61.21 	(b) The commissioner shall establish a resident master bear-hunting-outfitter license 
61.22 	under which one person serves as the bear-hunting outfitter and one other person is eligible 
61.23 	to guide and bait bear. Additional persons may be added to the license and are eligible to 
61.24 	guide and bait bear under the license, provided the additional fee under section 97A.475, 
61.25 	subdivision 16, is paid for each person added. The commissioner shall adopt rules for 
61.26 	qualifications for issuance and administration of the licenses. The commissioner must not 
61.27 	require a person to have certification or training in first aid or CPR to be eligible for a license 
61.28 	under this section.

61.29 	Sec. 63. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
61.30 		Subdivision 1.Owners and occupants may take certain animals. A person or the 
61.31 	person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit, 
61.32 	hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the 
62.1 	person where the animal is causing damage. The person or the person's agent may take the 
62.2 	animal without a license and in any manner except by poison, or artificial lights in the closed 
62.3 	season or by poison. Raccoons may be taken under this subdivision with artificial lights 
62.4 	during open season. A person thator the person's agent who kills mink, raccoon, bobcat, 
62.5 	fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer 
62.6 	or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

62.7 	Sec. 64. Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read:
62.8 		Subdivision 1.Lines. An angler may not use more than one line except:
62.9 	(1) two lines may be used to take fish through the ice; and
62.10 	(2) the commissioner may, by rule, authorize the use of two lines in areas designated by 
62.11 	the commissioner in Lake Superior; and
62.12 	(3) two lines may be used to take fish during the open-water season, except on waters 
62.13 	during a catch and release season for any species, by a resident or nonresident angler who 
62.14 	purchases a second-line endorsement for $5. Of the amount collected from purchases of 
62.15 	second-line endorsements, 50 percent must be spent on walleye stocking.

62.16 	EFFECTIVE DATE. This section is effective March 1, 2018.

62.17 	Sec. 65. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:
62.18 		Subd. 2a.Portable shelters. (a) A person using a portable shelter that is not identified 
62.19 	under subdivision 1 may not leave the portable shelter unattended between midnight and 
62.20 	sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state 
62.21 	waters.
62.22 	(b) If a person leaves the portable shelter unattended any time between midnight and 
62.23 	one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter 
62.24 	must be licensed as provided under subdivision 2.

62.25 	Sec. 66. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
62.26 		Subd. 2.Walleye; northern pike. (a) Except as provided in paragraph (b), A person 
62.27 	may have no more than one walleye larger than 20 inches and one northern pike larger than 
62.28 	30 inches in possession. This subdivision does not apply to boundary waters.
62.29 	(b) The restrictions in paragraph (a) do not apply to boundary waters.

63.1 	Sec. 67. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:
63.2 		Subdivision 1.Minnow retailers. (a) A person may not be a minnow retailer without 
63.3 	a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A 
63.4 	person must purchase a minnow retailer license for each minnow retail outlet operated, 
63.5 	except as provided by subdivision 2, paragraph (d).
63.6 	(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor 
63.7 	vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow 
63.8 	retailer's place of business, except as provided in subdivision 3. A minnow retailer is not 
63.9 	required to obtain a minnow retailer's vehicle license:
63.10 	(1) as provided in subdivision 3;
63.11 	(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting 
63.12 	minnows purchased from a minnow dealer's place of business directly to the resort, possesses 
63.13 	a detailed receipt, including the date and time of purchase, and presents the receipt and 
63.14 	minnows for inspection upon request; or
63.15 	(3) if minnows are being transported by common carrier and information is provided 
63.16 	that allows the commissioner to find out the location of the shipment in the state.

63.17 	Sec. 68. Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:
63.18 		Subd. 2.Permit for transportation; importation. (a) A person may transport live 
63.19 	minnows through the state with a permit from the commissioner. The permit must state the 
63.20 	name and address of the person, the number and species of minnows, the point of entry into 
63.21 	the state, the destination, and the route through the state. The permit is not valid for more 
63.22 	than 12 hours after it is issued. A person must not import minnows into the state except as 
63.23 	provided in this section.
63.24 	(b) Minnows transported under this subdivision must be in a tagged container. The tag 
63.25 	number must correspond with tag numbers listed on the minnow transportation permit.
63.26 	(c) The commissioner may require the person transporting minnow species found on 
63.27 	the official list of viral hemorrhagic septicemia susceptible species published by the United 
63.28 	States Department of Agriculture, Animal and Plant Health Inspection Services, to provide 
63.29 	health certification for viral hemorrhagic septicemia. The certification must disclose any 
63.30 	incidentally isolated replicating viruses, and must be dated within the 12 months preceding 
63.31 	transport.
64.1 	(d) Golden shiner minnows may be imported as provided in this subdivision. Golden 
64.2 	shiner minnows that are imported must be certified as healthy according to Arkansas 
64.3 	standards in accordance with the Arkansas baitfish certification program.
64.4 	(e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia, 
64.5 	infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp 
64.6 	virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri.
64.7 	(f) Golden shiner minnows must originate from a biosecure facility that has tested 
64.8 	negative for invasive species.
64.9 	(g) Only a person that holds a Minnesota wholesale minnow dealer's license issued under 
64.10 	section 97C.501, subdivision 2, may obtain a permit to import golden shiner minnows.

64.11 	Sec. 69. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision 
64.12 	to read:
64.13 		Subd. 7.Harvesting mussel shells. Live mussels may not be harvested. A person 
64.14 	possessing a valid resident or nonresident angling license or a person not required to have 
64.15 	an angling license to take fish may take and possess at any time, for personal use only, not 
64.16 	more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may 
64.17 	be harvested in waters of the state where fish may be taken by angling. Mussel shells must 
64.18 	be harvested by hand-picking only and may not be purchased or sold.

64.19 	Sec. 70. [103A.213] PROGRESS FOR IMPROVING WATER QUALITY.
64.20 		Subdivision 1.Water quality; improvement goal. It is the goal of the state to accelerate 
64.21 	the pace of progress for improving water-quality protection and restoration to reach a goal 
64.22 	of 25 percent improvement in water quality by 2025. Progress must be reviewed by and 
64.23 	based on measures reported by the cooperating agencies listed under subdivision 2 or as 
64.24 	described in local water management plans approved and adopted under chapter 103B.
64.25 		Subd. 2.Cooperating agencies and input process. The Departments of Agriculture, 
64.26 	Health, and Natural Resources, the Pollution Control Agency, the Board of Water and Soil 
64.27 	Resources, the Metropolitan Council, the Public Facilities Authority, and the Environmental 
64.28 	Quality Board must jointly conduct a broad public and stakeholder engagement process 
64.29 	across the state seeking input on how to achieve the goal under subdivision 1. The process 
64.30 	must consider, but is not limited to, water safety and quality parameters such as chloride, 
64.31 	infectious agents, phosphorus, sediment, nitrates, lead, and other factors that can contribute 
64.32 	to biological and human health risks. The Clean Water Council and local government 
65.1 	representatives must be consulted before the public and stakeholder input process begins. 
65.2 	The initial public and stakeholder input process must be completed by November 15, 2017.
65.3 		Subd. 3.Scope of public and stakeholder input. The public and stakeholder input 
65.4 	process must include, but is not limited to, obtaining input on:
65.5 	(1) what additional data or analyses are needed and how the data or analyses can be used 
65.6 	to accomplish and measure progress toward the goal;
65.7 	(2) mechanisms to provide assurance, accountability, and cost-benefit measures for 
65.8 	accomplishing progress toward the goal;
65.9 	(3) what changes to the Clean Water Legacy Act or other state statutes or agency 
65.10 	programs would be helpful to accelerate and sustain progress toward the goal;
65.11 	(4) what local government programs or authorities could be added or modified to 
65.12 	accelerate and sustain progress toward the goal;
65.13 	(5) options to prioritize, sequence, and locate multiple-benefit practices, projects, and 
65.14 	infrastructure needed to accelerate and sustain progress toward the goal;
65.15 	(6) options to leverage nonstate funding for practices, projects, and infrastructure needed 
65.16 	to accelerate and sustain progress toward the goal;
65.17 	(7) how technology and private sector roles or investments could be used to accelerate 
65.18 	and sustain progress toward the goal;
65.19 	(8) how to accomplish personal, community, ecological, and economic health objectives 
65.20 	and goals as part of accelerating and sustaining progress toward the water quality 
65.21 	improvement goal; and
65.22 	(9) information deemed relevant and useful according to the objectives outlined in 
65.23 	sections 103A.212, 103H.001, and 114D.10 and other related information deemed relevant 
65.24 	and useful by the Departments of Agriculture, Health, and Natural Resources, the Pollution 
65.25 	Control Agency, the Board of Water and Soil Resources, the Metropolitan Council, the 
65.26 	Public Facilities Authority, and the Environmental Quality Board.
65.27 		Subd. 4.Report and recommendations. By December 15, 2017, the cooperating 
65.28 	agencies must jointly submit a report to the governor and the Legislative Water Commission 
65.29 	on the results of the public input process. The report must include any policy and budget 
65.30 	recommendations based on the input received.

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

66.1 	Sec. 71. Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read:
66.2 		Subd. 12a.Authority to issue penalty orders. (a) A county or watershed district with 
66.3 	jurisdiction or The Board of Water and Soil Resources may issue an order requiring violations 
66.4 	of the water resources riparian protection requirements under sections 103F.415, 103F.421, 
66.5 	and 103F.48 to be corrected and administratively assessing monetary penalties up to $500 
66.6 	for noncompliance commencing on day one of the 11th month after the noncompliance 
66.7 	notice was issued. The proceeds collected from an administrative penalty order issued under 
66.8 	this section must be remitted to the county or watershed district with jurisdiction over the 
66.9 	noncompliant site, or otherwise remitted to the Board of Water and Soil Resources.
66.10 	(b) Before exercising this authority, the Board of Water and Soil Resources must adopt 
66.11 	a plan containing procedures for the issuance of administrative penalty orders by local 
66.12 	governments and the board as authorized in this subdivision. This plan, and any subsequent 
66.13 	amendments, will become effective 30 days after being published in the State Register. The 
66.14 	initial plan must be published in the State Register no later than July 1, 2017.
66.15 	(c) Administrative penalties may be reissued and appealed under paragraph (a) according 
66.16 	to section 103F.48, subdivision 9.

66.17 	Sec. 72. Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read:
66.18 		Subdivision 1.Authority. The Board of Water and Soil Resources, in consultation with 
66.19 	counties, soil and water conservation districts, and other appropriate agencies, shall adopt 
66.20 	a model ordinance and rules that serve as a guide for local governments that have adopted 
66.21 	a soil loss ordinance to implement sections 103F.401 to 103F.455 and provide administrative 
66.22 	procedures for the board for sections 103F.401 to 103F.455.

66.23 	Sec. 73. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
66.24 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
66.25 	the meanings given them.
66.26 	(b) "Board" means the Board of Water and Soil Resources.
66.27 	(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants 
66.28 	and noxious weeds, adjacent to all bodies of water within the state and that protects the 
66.29 	water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and 
66.30 	protects or provides riparian corridors.
66.31 	(d) "Buffer protection map" means buffer maps established and maintained by the 
66.32 	commissioner of natural resources.
67.1 	(e) "Commissioner" means the commissioner of natural resources.
67.2 	(f) "Executive director" means the executive director of the Board of Water and Soil 
67.3 	Resources.
67.4 	(g) "Local water management authority" means a watershed district, metropolitan water 
67.5 	management organization, or county operating separately or jointly in its role as local water 
67.6 	management authority under chapter 103B or 103D.
67.7 	(h) "Normal water level" means the level evidenced by the long-term presence of surface 
67.8 	water as indicated directly by hydrophytic plants or hydric soils or indirectly determined 
67.9 	via hydrological models or analysis.
67.10 	(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term
67.11 	means public waters as used in this section applies to waters that are on the public waters 
67.12 	inventory as provided in section 103G.201 that have water in them continually for 12 months 
67.13 	each year.
67.14 	(j) "With jurisdiction" means a board determination that the county or watershed district 
67.15 	has adopted a rule, ordinance, or official controls providing procedures for the issuance of 
67.16 	administrative penalty orders, enforcement, and appeals for purposes of this section and 
67.17 	section 103B.101, subdivision 12a enforcing this section.

67.18 	Sec. 74. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
67.19 		Subd. 3.Water resources riparian protection requirements on public waters and 
67.20 	public drainage systems. (a) Except as provided in paragraph (b), landowners owning 
67.21 	property adjacent to a water body identified and mapped on a buffer protection map must 
67.22 	maintain a buffer to protect the state's water resources as follows:
67.23 	(1) for all public waters that have a shoreland classification, the more restrictive of:
67.24 	(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially 
67.25 	rooted vegetation; or
67.26 	(ii) the state shoreland standards and criteria adopted by the commissioner under section 
67.27 	103F.211; and
67.28 	(2) for public drainage systems established under chapter 103E and public waters that 
67.29 	do not have a shoreland classification, a 16.5-foot minimum width continuous buffer as 
67.30 	provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future 
67.31 	maintenance of the ditch.
68.1 	(b) A landowner owning property adjacent to a water body identified in a buffer protection 
68.2 	map and whose property is used for cultivation farming may meet the requirements under 
68.3 	paragraph (a) by adopting an alternative riparian water quality practice, or combination of 
68.4 	structural, vegetative, and management practices, based on the Natural Resources 
68.5 	Conservation Service Field Office Technical Guide or other practices approved by the local 
68.6 	soil and water conservation district board, that provide water quality protection comparable 
68.7 	to the buffer protection for the water body that the property abuts. Included in these practices 
68.8 	are retention ponds and alternative measures that prevent overland flow to the water resource.
68.9 	(c) The width of a buffer on public waters must be measured from the top or crown of 
68.10 	the bank. Where there is no defined bank, measurement must be from the edge of the normal 
68.11 	water level. The width of the buffer on public drainage systems must be measured as provided 
68.12 	in section 103E.021, subdivision 1.
68.13 	(d) Upon request by a landowner or authorized agent or operator of a landowner, a 
68.14 	technical professional employee or contractor of the soil and water conservation district or 
68.15 	its delegate may issue a validation of compliance with the requirements of this subdivision. 
68.16 	The soil and water conservation district validation may be appealed to the board as described 
68.17 	in subdivision 9.
68.18 	(e) Buffers or alternative water quality practices required under paragraph (a) or (b) 
68.19 	must be in place on or before:
68.20 	(1) November 1, 2017 2019, for public waters; and
68.21 	(2) November 1, 2018 2020, for public drainage systems.
68.22 	(f) Nothing in this section limits the eligibility of a landowner or authorized agent or 
68.23 	operator of a landowner to participate in federal or state conservation programs, including 
68.24 	enrolling or reenrolling in federal conservation programs.
68.25 	(g) After the effective date of this section, a person planting buffers or water quality 
68.26 	protection practices to meet the requirements in paragraph (a) must use only seed mixes 
68.27 	that were grown and processed in Minnesota. The board, a county, or a watershed district 
68.28 	must not take corrective action under subdivision 7 against a landowner who does not have 
68.29 	seed available to comply with this paragraph.

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

69.1 	Sec. 75. Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read:
69.2 		Subd. 7.Corrective actions. (a) If the soil and water conservation district determines 
69.3 	a landowner is not in compliance with this section, and the landowner has declined state or 
69.4 	federal assistance to pay 100 percent of the cost to establish buffers or other water resource 
69.5 	protection measures approved by the board and annual payments or an easement for the 
69.6 	land, the district must notify the county or watershed district with jurisdiction over the 
69.7 	noncompliant site and the board. The county or watershed district with jurisdiction or the 
69.8 	board must provide the landowner with a list of corrective actions needed to come into 
69.9 	compliance and a practical timeline to meet the requirements in this section. The county or 
69.10 	watershed district with jurisdiction must provide a copy of the corrective action notice to 
69.11 	the board.
69.12 	(b) A county or watershed district exercising jurisdiction under this subdivision and the
69.13 	enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their 
69.14 	jurisdiction and identify the ordinance, rule, or other official controls to carry out the 
69.15 	compliance provisions of this section and section 103B.101, subdivision 12a, by notice to 
69.16 	the board prior to March 31, 2017. A county or watershed district must provide notice to 
69.17 	the board at least 60 days prior to the effective date of a subsequent decision on their 
69.18 	jurisdiction.
69.19 	(c) If the landowner does not comply with the list of actions and timeline provided, the 
69.20 	county or watershed district may enforce this section under the authority granted in section 
69.21 	103B.101, subdivision 12a, or by rule of the watershed district or ordinance or other official 
69.22 	control of the county. Before exercising administrative penalty authority, a county or 
69.23 	watershed district must adopt a plan consistent with the plan adopted by the board containing 
69.24 	procedures for the issuance of administrative penalty orders and may issue orders beginning 
69.25 	November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant 
69.26 	site has not adopted a plan, rule, ordinance, or official control under this paragraph, the 
69.27 	board must enforce this section under the authority granted in section 103B.101, subdivision 
69.28 	12a.
69.29 	(d) If the county, watershed district, or board determines that sufficient steps have been 
69.30 	taken to fully resolve noncompliance, all or part of the penalty may be forgiven.
69.31 	(e) An order issued under paragraph (c) may be appealed to the board as provided under 
69.32 	subdivision 9.
69.33 	(f) A corrective action is not required for conditions resulting from a flood or other act 
69.34 	of nature.
70.1 	(g) A landowner agent or operator of a landowner may not remove or willfully degrade 
70.2 	a riparian buffer or water quality practice, wholly or partially, unless the agent or operator 
70.3 	has obtained a signed statement from the property owner stating that the permission for the 
70.4 	work has been granted by the unit of government authorized to approve the work in this 
70.5 	section or that a buffer or water quality practice is not required as validated by the soil and 
70.6 	water conservation district. Removal or willful degradation of a riparian buffer or water 
70.7 	quality practice, wholly or partially, by an agent or operator is a separate and independent 
70.8 	offense and may be subject to the corrective actions and penalties in this subdivision.
70.9 	(h) A county or watershed district or the board shall not enforce this section unless 
70.10 	federal or state assistance is available to the landowner to pay 100 percent of the cost to 
70.11 	establish buffers or other water resource protection measures approved by the board and 
70.12 	annual payments or an easement for the land.

70.13 	Sec. 76. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision 
70.14 	to read:
70.15 		Subd. 8a.Constructed management facilities for storm water. "Constructed 
70.16 	management facilities for storm water" means ponds, basins, holding tanks, cisterns, 
70.17 	infiltration trenches and swales, or other best management practices that have been designed, 
70.18 	constructed, and operated to store or treat storm water in accordance with local, state, or 
70.19 	federal requirements.

70.20 	Sec. 77. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:
70.21 		Subd. 10b.Greater than 80 percent area. "Greater than 80 percent area" means a 
70.22 	county or, watershed, or, for purposes of wetland replacement, bank service area where 80 
70.23 	percent or more of the presettlement wetland acreage is intact and:
70.24 	(1) ten percent or more of the current total land area is wetland; or
70.25 	(2) 50 percent or more of the current total land area is state or federal land.

70.26 	Sec. 78. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:
70.27 		Subd. 10h.Less than 50 percent area. "Less than 50 percent area" means a county or,
70.28 	watershed, or, for purposes of wetland replacement, bank service area with less than 50 
70.29 	percent of the presettlement wetland acreage intact or any county or, watershed, or bank 
70.30 	service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."

71.1 	Sec. 79. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:
71.2 		Subdivision 1.Requirements. (a) Wetlands must not be drained or filled, wholly or 
71.3 	partially, unless replaced by actions that provide at least equal public value under a 
71.4 	replacement plan approved as provided in section 103G.2242, a replacement plan under a 
71.5 	local governmental unit's comprehensive wetland protection and management plan approved 
71.6 	by the board under section 103G.2243, or, if a permit to mine is required under section 
71.7 	93.481, under a mining reclamation plan approved by the commissioner under the permit 
71.8 	to mine. Project-specific wetland replacement plans submitted as part of a project for which 
71.9 	a permit to mine is required and approved by the commissioner on or after July 1, 1991, 
71.10 	may include surplus wetland credits to be allocated by the commissioner to offset future 
71.11 	mining-related wetland impacts under any permits to mine held by the permittee, the operator, 
71.12 	the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an 
71.13 	assignment under section 93.481, subdivision 5. For project-specific wetland replacement 
71.14 	completed prior to wetland impacts authorized or conducted under a permit to mine within 
71.15 	the Great Lakes and Rainy River watershed basins, those basins shall be considered a single 
71.16 	watershed for purposes of determining wetland replacement ratios. Mining reclamation 
71.17 	plans shall apply the same principles and standards for replacing wetlands that are applicable 
71.18 	to mitigation plans approved as provided in section 103G.2242. Public value must be 
71.19 	determined in accordance with section 103B.3355 or a comprehensive wetland protection 
71.20 	and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372
71.21 	also apply to excavation in permanently and semipermanently flooded areas of types 3, 4, 
71.22 	and 5 wetlands.
71.23 	(b) Replacement must be guided by the following principles in descending order of 
71.24 	priority:
71.25 	(1) avoiding the direct or indirect impact of the activity that may destroy or diminish 
71.26 	the wetland;
71.27 	(2) minimizing the impact by limiting the degree or magnitude of the wetland activity 
71.28 	and its implementation;
71.29 	(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland 
71.30 	environment;
71.31 	(4) reducing or eliminating the impact over time by preservation and maintenance 
71.32 	operations during the life of the activity;
71.33 	(5) compensating for the impact by restoring a wetland; and
72.1 	(6) compensating for the impact by replacing or providing substitute wetland resources 
72.2 	or environments.
72.3 	For a project involving the draining or filling of wetlands in an amount not exceeding 
72.4 	10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 
72.5 	paragraph (a), the local government unit may make an on-site sequencing determination 
72.6 	without a written alternatives analysis from the applicant.
72.7 	(c) If a wetland is located in a cultivated field, then replacement must be accomplished 
72.8 	through restoration only without regard to the priority order in paragraph (b), provided that 
72.9 	the altered wetland is not converted to a nonagricultural use for at least ten years.
72.10 	(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, 
72.11 	subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction 
72.12 	that prohibits nonagricultural use for at least ten years. The local government unit may 
72.13 	require the deed restriction if it determines the wetland area drained is at risk of conversion 
72.14 	to a nonagricultural use within ten years based on the zoning classification, proximity to a 
72.15 	municipality or full service road, or other criteria as determined by the local government 
72.16 	unit.
72.17 	(e) Restoration and replacement of wetlands must be accomplished in accordance with 
72.18 	the ecology of the landscape area affected and ponds that are created primarily to fulfill 
72.19 	storm water management, and water quality treatment requirements may not be used to 
72.20 	satisfy replacement requirements under this chapter unless the design includes pretreatment 
72.21 	of runoff and the pond is functioning as a wetland.
72.22 	(f) Except as provided in paragraph (g), for a wetland or public waters wetland located 
72.23 	on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland 
72.24 	for each acre of drained or filled wetland.
72.25 	(g) For a wetland or public waters wetland located on agricultural land or in a greater 
72.26 	than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for 
72.27 	each acre of drained or filled wetland.
72.28 	(h) Wetlands that are restored or created as a result of an approved replacement plan are 
72.29 	subject to the provisions of this section for any subsequent drainage or filling.
72.30 	(i) Except in a greater than 80 percent area, only wetlands that have been restored from 
72.31 	previously drained or filled wetlands, wetlands created by excavation in nonwetlands, 
72.32 	wetlands created by dikes or dams along public or private drainage ditches, or wetlands 
72.33 	created by dikes or dams associated with the restoration of previously drained or filled 
73.1 	wetlands may be used for wetland replacement according to rules adopted under section 
73.2 	103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring 
73.3 	wetlands from one type to another are not eligible for wetland replacement.
73.4 	(j) The Technical Evaluation Panel established under section 103G.2242, subdivision 
73.5 	2, shall ensure that sufficient time has occurred for the wetland to develop wetland 
73.6 	characteristics of soils, vegetation, and hydrology before recommending that the wetland 
73.7 	be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 
73.8 	to believe that the wetland characteristics may change substantially, the panel shall postpone 
73.9 	its recommendation until the wetland has stabilized.
73.10 	(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply 
73.11 	to the state and its departments and agencies.
73.12 	(l) For projects involving draining or filling of wetlands associated with a new public 
73.13 	transportation project, and for projects expanded solely for additional traffic capacity, public 
73.14 	transportation authorities may purchase credits from the board at the cost to the board to 
73.15 	establish credits. Proceeds from the sale of credits provided under this paragraph are 
73.16 	appropriated to the board for the purposes of this paragraph. For the purposes of this 
73.17 	paragraph, "transportation project" does not include an airport project.
73.18 	(m) A replacement plan for wetlands is not required for individual projects that result 
73.19 	in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or 
73.20 	replacement of a currently serviceable existing state, city, county, or town public road 
73.21 	necessary, as determined by the public transportation authority, to meet state or federal 
73.22 	design or safety standards or requirements, excluding new roads or roads expanded solely 
73.23 	for additional traffic capacity lanes. This paragraph only applies to authorities for public 
73.24 	transportation projects that:
73.25 	(1) minimize the amount of wetland filling or draining associated with the project and 
73.26 	consider mitigating important site-specific wetland functions on site;
73.27 	(2) except as provided in clause (3), submit project-specific reports to the board, the 
73.28 	Technical Evaluation Panel, the commissioner of natural resources, and members of the 
73.29 	public requesting a copy at least 30 days prior to construction that indicate the location, 
73.30 	amount, and type of wetlands to be filled or drained by the project or, alternatively, convene 
73.31 	an annual meeting of the parties required to receive notice to review projects to be 
73.32 	commenced during the upcoming year; and
74.1 	(3) for minor and emergency maintenance work impacting less than 10,000 square feet, 
74.2 	submit project-specific reports, within 30 days of commencing the activity, to the board 
74.3 	that indicate the location, amount, and type of wetlands that have been filled or drained.
74.4 	Those required to receive notice of public transportation projects may appeal 
74.5 	minimization, delineation, and on-site mitigation decisions made by the public transportation 
74.6 	authority to the board according to the provisions of section 103G.2242, subdivision 9. The 
74.7 	Technical Evaluation Panel shall review minimization and delineation decisions made by 
74.8 	the public transportation authority and provide recommendations regarding on-site mitigation 
74.9 	if requested to do so by the local government unit, a contiguous landowner, or a member 
74.10 	of the Technical Evaluation Panel.
74.11 	Except for state public transportation projects, for which the state Department of 
74.12 	Transportation is responsible, the board must replace the wetlands, and wetland areas of 
74.13 	public waters if authorized by the commissioner or a delegated authority, drained or filled 
74.14 	by public transportation projects on existing roads.
74.15 	Public transportation authorities at their discretion may deviate from federal and state 
74.16 	design standards on existing road projects when practical and reasonable to avoid wetland 
74.17 	filling or draining, provided that public safety is not unreasonably compromised. The local 
74.18 	road authority and its officers and employees are exempt from liability for any tort claim 
74.19 	for injury to persons or property arising from travel on the highway and related to the 
74.20 	deviation from the design standards for construction or reconstruction under this paragraph. 
74.21 	This paragraph does not preclude an action for damages arising from negligence in 
74.22 	construction or maintenance on a highway.
74.23 	(n) If a landowner seeks approval of a replacement plan after the proposed project has 
74.24 	already affected the wetland, the local government unit may require the landowner to replace 
74.25 	the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
74.26 	(o) A local government unit may request the board to reclassify a county or watershed 
74.27 	on the basis of its percentage of presettlement wetlands remaining. After receipt of 
74.28 	satisfactory documentation from the local government, the board shall change the 
74.29 	classification of a county or watershed. If requested by the local government unit, the board 
74.30 	must assist in developing the documentation. Within 30 days of its action to approve a 
74.31 	change of wetland classifications, the board shall publish a notice of the change in the 
74.32 	Environmental Quality Board Monitor.
74.33 	(p) One hundred citizens who reside within the jurisdiction of the local government unit 
74.34 	may request the local government unit to reclassify a county or watershed on the basis of 
75.1 	its percentage of presettlement wetlands remaining. In support of their petition, the citizens 
75.2 	shall provide satisfactory documentation to the local government unit. The local government 
75.3 	unit shall consider the petition and forward the request to the board under paragraph (o) or 
75.4 	provide a reason why the petition is denied.

75.5 	EFFECTIVE DATE. This section is effective retroactively from July 1, 1991.

75.6 	Sec. 80. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
75.7 		Subd. 3.Wetland replacement siting. (a) Impacted wetlands in a 50 to Wetland 
75.8 	replacement occurring outside of a greater than 80 percent area must not be replaced in a 
75.9 	50 togreater than 80 percent area or in a less than 50 percent area. Impacted wetlands in a 
75.10 	less than 50 percent area must be replaced in a less than 50 percent area. All wetland 
75.11 	replacement must follow this priority order:
75.12 	(1) on site or in the same minor watershed as the impacted wetland;
75.13 	(2) in the same watershed as the impacted wetland;
75.14 	(3) in the same county or wetland bank service area as the impacted wetland; and
75.15 	(4) in another wetland bank service area.
75.16 	(b) Notwithstanding paragraph (a), wetland banking credits approved according to a 
75.17 	complete wetland banking application submitted to a local government unit by April 1, 
75.18 	1996, may be used to replace wetland impacts resulting from public transportation projects 
75.19 	statewide.
75.20 	(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement 
75.21 	by wetland banking begins at paragraph (a), clause (3), according to rules adopted under 
75.22 	section 103G.2242, subdivision 1.
75.23 	(d) When reasonable, practicable, and environmentally beneficial replacement 
75.24 	opportunities are not available in siting priorities listed in paragraph (a), the applicant may 
75.25 	seek opportunities at the next level.
75.26 	(e) For the purposes of this section, "reasonable, practicable, and environmentally 
75.27 	beneficial replacement opportunities" are defined as opportunities that:
75.28 	(1) take advantage of naturally occurring hydrogeomorphological conditions and require 
75.29 	minimal landscape alteration;
75.30 	(2) have a high likelihood of becoming a functional wetland that will continue in 
75.31 	perpetuity;
76.1 	(3) do not adversely affect other habitat types or ecological communities that are 
76.2 	important in maintaining the overall biological diversity of the area; and
76.3 	(4) are available and capable of being done after taking into consideration cost, existing 
76.4 	technology, and logistics consistent with overall project purposes.
76.5 	(f) Regulatory agencies, local government units, and other entities involved in wetland 
76.6 	restoration shall collaborate to identify potential replacement opportunities within their 
76.7 	jurisdictional areas.
76.8 	(g) The board must establish wetland replacement ratios and wetland bank service area 
76.9 	priorities to implement the siting and targeting of wetland replacement and encourage the 
76.10 	use of high priority areas for wetland replacement.

76.11 	Sec. 81. Minnesota Statutes 2016, section 103G.223, is amended to read:
76.12 	103G.223 CALCAREOUS FENS.
76.13 	(a) Calcareous fens, as identified by the commissioner by written order published in the 
76.14 	State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by 
76.15 	any activity, unless the commissioner, under an approved management plan, decides some 
76.16 	alteration is necessary. Identifications made by the commissioner are not subject to the 
76.17 	rulemaking provisions of chapter 14 and section 14.386 does not apply.
76.18 	(b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions 
76.19 	in groundwater resources on a seasonal basis under an approved management plan for 
76.20 	appropriating water.

76.21 	Sec. 82. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:
76.22 		Subd. 2.Evaluation. (a) Questions concerning the public value, location, size, or type 
76.23 	of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an 
76.24 	on-site inspection. The Technical Evaluation Panel shall be composed of a technical 
76.25 	professional employee of the board, a technical professional employee of the local soil and 
76.26 	water conservation district or districts, a technical professional with expertise in water 
76.27 	resources management appointed by the local government unit, and a technical professional 
76.28 	employee of the Department of Natural Resources for projects affecting public waters or 
76.29 	wetlands adjacent to public waters. Members of the Technical Evaluation Panel who have 
76.30 	an ownership interest in a wetland bank shall disclose in writing all of the member's 
76.31 	ownership interests in wetland banks to the local government unit. The panel shall use the 
76.32 	"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 
77.1 	including updates, supplementary guidance, and replacements, if any, "Wetlands of the 
77.2 	United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), and 
77.3 	"Classification of Wetlands and Deepwater Habitats of the United States" (1979 edition). 
77.4 	The panel shall provide the wetland determination and recommendations on other technical 
77.5 	matters to the local government unit that must approve a replacement plan, sequencing, 
77.6 	exemption determination, no-loss determination, or wetland boundary or type determination 
77.7 	and may recommend approval or denial of the plan. The authority must consider and include 
77.8 	the decision of the Technical Evaluation Panel in their approval or denial of a plan or 
77.9 	determination.
77.10 	(b) Persons conducting wetland or public waters boundary delineations or type 
77.11 	determinations are exempt from the requirements of chapter 326. The board may develop 
77.12 	a professional wetland delineator certification program.
77.13 	(c) The board must establish an interagency team to assist in identifying and evaluating 
77.14 	potential wetland replacement sites. The team must consist of members of the Technical 
77.15 	Evaluation Panel and representatives from the Department of Natural Resources; the Pollution 
77.16 	Control Agency; the United States Army Corps of Engineers, St. Paul district; and other 
77.17 	organizations as determined by the board.

77.18 	Sec. 83. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:
77.19 		Subdivision 1.Authority; orders. (a) The commissioner of natural resources, 
77.20 	conservation officers, and peace officers shall enforce laws preserving and protecting 
77.21 	groundwater quantity, wetlands, and public waters. The commissioner of natural resources, 
77.22 	a conservation officer, or a peace officer may issue a cease and desist order to stop any 
77.23 	illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
77.24 	(b) In the order, or by separate order, the commissioner, conservation officer, or peace 
77.25 	officer may require restoration or replacement of the wetland or public waters, as determined 
77.26 	by the local soil and water conservation district for wetlands and the commissioner of natural 
77.27 	resources for public waters. Restoration or replacement orders may be recorded or filed in 
77.28 	the office of the county recorder or registrar of titles, as appropriate, in the county where 
77.29 	the real property is located by the commissioner of natural resources, conservation officers, 
77.30 	or peace officers as a deed restriction on the property that runs with the land and is binding 
77.31 	on the owners, successors, and assigns until the conditions of the order are met or the order 
77.32 	is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee 
77.33 	for any document filed under this section.
78.1 	(c) If a court has ruled that there has been no violation of the restoration or replacement 
78.2 	order, an order may not be recorded or filed under this section.
78.3 	(d) If an order was recorded or filed before the effective date of this section and the deed 
78.4 	restriction would have been in violation of paragraph (c), the commissioner must remove 
78.5 	the deed restriction if the owner of the property requests the commissioner to remove it.

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

78.7 	Sec. 84. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:
78.8 		Subdivision 1.Permit required. (a) Except as provided in paragraph (b), the state, a 
78.9 	person, partnership, or association, private or public corporation, county, municipality, or 
78.10 	other political subdivision of the state may not appropriate or use waters of the state without 
78.11 	a water-use permit from the commissioner.
78.12 	(b) This section does not apply to the following water uses:
78.13 	(1) use for a water supply by less than 25 persons for domestic purposes, except as 
78.14 	required by the commissioner under section 103G.287, subdivision 4, paragraph (b); and
78.15 	(2) nonconsumptive diversion of a surface water of the state from its natural channel for 
78.16 	the production of hydroelectric or hydromechanical power at structures that were in existence 
78.17 	on and before July 1, 1937, or those that are regulated by the Federal Energy Regulatory 
78.18 	Commission.
78.19 	(c) The commissioner may issue a state general permit for appropriation of water to a 
78.20 	governmental subdivision or to the general public. The general permit may authorize more 
78.21 	than one project and the appropriation or use of more than one source of water. Water-use 
78.22 	permit processing fees and reports required under subdivision 6 and section 103G.281, 
78.23 	subdivision 3, are required for each project or water source that is included under a general 
78.24 	permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.
78.25 	(d) This section does not apply to appropriation or use of storm water collected and used 
78.26 	to reduce storm water runoff volume, treat storm water, or sustain groundwater supplies 
78.27 	when water is extracted from constructed management facilities for storm water.

78.28 	Sec. 85. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:
78.29 		Subd. 6a.Fees for past unpermitted appropriations. An entity that appropriates water 
78.30 	without a required permit under subdivision 1 must pay the applicable water-use permit 
78.31 	processing fee specified in subdivision 6 for the period during which the unpermitted 
79.1 	appropriation occurred. The fees for unpermitted appropriations are required for the previous 
79.2 	seven calendar years after being notified of the need for a permit. This fee is in addition to 
79.3 	any other fee or penalty assessed. The commissioner may waive payment of fees for past 
79.4 	unpermitted appropriations for a residential system permitted under subdivision 5, paragraph 
79.5 	(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water of 
79.6 	the state from its natural channel.

79.7 	Sec. 86. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:
79.8 		Subd. 7.Transfer of permit. A water-use permit may be transferred to a successive 
79.9 	owner of real property if the permittee conveys the real property where the source of water 
79.10 	is located. The new owner must notify the commissioner immediately after the conveyance 
79.11 	and request transfer of the permit. If notified, the commissioner must transfer the permit to 
79.12 	the successive owner.

79.13 	Sec. 87. Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision 
79.14 	to read:
79.15 		Subd. 8.Management plans; economic impacts. Before requiring a change to a 
79.16 	management plan for appropriating water, the commissioner must provide estimates of the 
79.17 	economic impact of any new restriction or policy on existing and future groundwater users 
79.18 	in the affected area.

79.19 	Sec. 88. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:
79.20 		Subdivision 1.Applications for groundwater appropriations; preliminary well 
79.21 	construction approval. (a) Groundwater use permit applications are not complete until the 
79.22 	applicant has supplied:
79.23 	(1) a water well record as required by section 103I.205, subdivision 9, information on 
79.24 	the subsurface geologic formations penetrated by the well and the formation or aquifer that 
79.25 	will serve as the water source, and geologic information from test holes drilled to locate the 
79.26 	site of the production well;
79.27 	(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
79.28 	(3) information on groundwater quality in terms of the measures of quality commonly 
79.29 	specified for the proposed water use and details on water treatment necessary for the proposed 
79.30 	use;
80.1 	(4) the results of an aquifer test completed according to specifications approved by the 
80.2 	commissioner. The test must be conducted at the maximum pumping rate requested in the 
80.3 	application and for a length of time adequate to assess or predict impacts to other wells and 
80.4 	surface water and groundwater resources. The permit applicant is responsible for all costs 
80.5 	related to the aquifer test, including the construction of groundwater and surface water 
80.6 	monitoring installations, and water level readings before, during, and after the aquifer test; 
80.7 	and
80.8 	(5) the results of any assessments conducted by the commissioner under paragraph (c).
80.9 	(b) The commissioner may waive an application requirement in this subdivision if the 
80.10 	information provided with the application is adequate to determine whether the proposed 
80.11 	appropriation and use of water is sustainable and will protect ecosystems, water quality, 
80.12 	and the ability of future generations to meet their own needs.
80.13 	(c) The commissioner shall provide an assessment of a proposed well needing a 
80.14 	groundwater appropriation permit. The commissioner shall evaluate the information submitted 
80.15 	as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the 
80.16 	anticipated appropriation request is likely to meet the applicable requirements of this chapter. 
80.17 	If the appropriation request is likely to meet applicable requirements, the commissioner 
80.18 	shall provide the person submitting the information with a letter providing preliminary 
80.19 	approval to construct the well and the requirements, including test-well information, that 
80.20 	will be needed to obtain the permit.
80.21 	(d) The commissioner must provide an applicant denied a groundwater use permit or 
80.22 	issued a groundwater use permit that is reduced or restricted from the original request with 
80.23 	all information the commissioner used in making the determination, including hydrographs, 
80.24 	flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment 
80.25 	calibration.

80.26 	Sec. 89. Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:
80.27 		Subd. 4.Groundwater management areas. (a) The commissioner may designate 
80.28 	groundwater management areas and limit total annual water appropriations and uses within 
80.29 	a designated area to ensure sustainable use of groundwater that protects ecosystems, water 
80.30 	quality, and the ability of future generations to meet their own needs. Water appropriations 
80.31 	and uses within a designated management area must be consistent with a groundwater 
80.32 	management area plan approved by the commissioner that addresses water conservation 
80.33 	requirements and water allocation priorities established in section 103G.261. At least 30 
80.34 	days prior to implementing or modifying a groundwater management area plan under this 
81.1 	subdivision, the commissioner shall consult with the advisory team established in paragraph 
81.2 	(c).
81.3 	(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota 
81.4 	Rules, within designated groundwater management areas, the commissioner may require 
81.5 	general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water 
81.6 	users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers 
81.7 	serving less than 25 persons for domestic purposes. The commissioner may waive the 
81.8 	requirements under section 103G.281 for general permits issued under this paragraph, and 
81.9 	the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general 
81.10 	permits issued under this paragraph.
81.11 	(c) When designating a groundwater management area, the commissioner shall assemble 
81.12 	an advisory team to assist in developing a groundwater management area plan for the area. 
81.13 	The advisory team members shall be selected from public and private entities that have an 
81.14 	interest in the water resources affected by the groundwater management area. A majority 
81.15 	of the advisory team members shall be public and private entities that currently hold water-use 
81.16 	permits for water appropriations from the affected water resources. The commissioner shall 
81.17 	consult with the League of Minnesota Cities, the Association of Minnesota Counties, the 
81.18 	Minnesota Association of Watershed Districts, and the Minnesota Association of Townships 
81.19 	in appointing the local government representatives to the advisory team. The advisory team 
81.20 	may also include representatives from the University of Minnesota, the Minnesota State 
81.21 	Colleges and Universities, other institutions of higher learning in Minnesota, political 
81.22 	subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and 
81.23 	federal agencies.
81.24 	(d) Before making a change under a groundwater management area plan, the 
81.25 	commissioner must provide estimates of the economic effect of any new restriction or policy 
81.26 	on existing and future groundwater users in the affected area.

81.27 	Sec. 90. Minnesota Statutes 2016, section 103G.289, is amended to read:
81.28 	103G.289 WELL INTERFERENCE; WELL SEALING.
81.29 	(a) The commissioner shall not validate a well interference claim if the affected well 
81.30 	has been sealed prior to the completion of the commissioner's investigation of the complaint. 
81.31 	If the well is sealed prior to completion of the investigation, the commissioner must dismiss 
81.32 	the complaint.
82.1 	(b) An agreement, written offer, or settlement between a complainant and permittee or 
82.2 	permit applicant must take into account depreciation of 2.5 percent per year, for the first 30 
82.3 	years of the life of the complainant's well, when calculating the costs a permittee or permit 
82.4 	applicant is responsible for as a result of a well interference claim.

82.5 	Sec. 91. Minnesota Statutes 2016, section 103G.411, is amended to read:
82.6 	103G.411 STIPULATION OF LOW-WATER MARK.
82.7 	If the state is a party in a civil action relating to the navigability or ownership of the bed 
82.8 	of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval 
82.9 	of the attorney general, may agree by written stipulation with a riparian owner who is a 
82.10 	party to the action on the location of the ordinary low-water mark on the riparian land of 
82.11 	the party. After the stipulation is executed by all parties, it must be presented to the judge 
82.12 	of the district court where the action is pending for approval. If the stipulation is approved, 
82.13 	the judge shall make and enter an order providing that the final judgment when entered shall 
82.14 	conform to the location of the ordinary, low-water mark as provided for in the stipulation 
82.15 	as it relates to the parties to the stipulation.

82.16 	Sec. 92. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision 
82.17 	to read:
82.18 		Subd. 6.Impaired waters list; public notice and process. The commissioner of the 
82.19 	Pollution Control Agency must allow at least 60 days for public comment after publishing 
82.20 	the draft impaired waters list required under the federal Clean Water Act. A person may 
82.21 	petition the agency to hold a contested case hearing on the draft impaired waters list. A 
82.22 	valid basis for challenging an impairment determination includes, but is not limited to, 
82.23 	agency reliance on data that do not reflect recent significant infrastructure investments and 
82.24 	documented pollutant reductions.

82.25 	Sec. 93. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED 
82.26 	WASTEWATER TREATMENT FACILITIES.
82.27 		Subdivision 1.Definitions. For the purpose of this section, the following terms have 
82.28 	the meanings given:
82.29 	(1) "permit" means a national pollutant discharge elimination system (NPDES) permit 
82.30 	or state disposal system (SDS) permit; and
83.1 	(2) "permit applicant" means a person or entity submitting an application for a new 
83.2 	permit or renewal, modification, or revocation of an existing permit for a publicly owned 
83.3 	wastewater treatment facility.
83.4 		Subd. 2.Applicability. This section applies to all draft permits and permits for publicly 
83.5 	owned wastewater treatment facilities for which the commissioner of the Pollution Control 
83.6 	Agency makes a preliminary determination whether to issue or deny.
83.7 		Subd. 3.Notice requirements. The commissioner of the Pollution Control Agency must 
83.8 	provide a permit applicant with a copy of the draft permit and any fact sheets required by 
83.9 	agency rules at least 30 days before the distribution and public notice of the permit application 
83.10 	and preliminary determination.
83.11 		Subd. 4.Public comment period. The commissioner must prepare and issue a public 
83.12 	notice of a completed application and the commissioner's preliminary determination as to 
83.13 	whether the permit should be issued or denied. The public comment period must be at least 
83.14 	60 days for permit applications under this section.

83.15 	Sec. 94. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:
83.16 		Subd. 2.Definitions. (a) In addition to the definitions in this subdivision, the definitions 
83.17 	in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as 
83.18 	specifically modified in this subdivision.
83.19 	(b) "Cleanup order" means a consent order between responsible persons and the agency 
83.20 	or an order issued by the United States Environmental Protection Agency under section 106 
83.21 	of the federal Superfund Act.
83.22 	(c) "Closure" means actions to prevent or minimize the threat to public health and the 
83.23 	environment posed by a mixed municipal solid waste disposal facility that has stopped 
83.24 	accepting waste by controlling the sources of releases or threatened releases at the facility. 
83.25 	"Closure" includes removing contaminated equipment and liners; applying final cover; 
83.26 	grading and seeding final cover; installing wells, borings, and other monitoring devices; 
83.27 	constructing groundwater and surface water diversion structures; and installing gas control 
83.28 	systems and site security systems, as necessary. The commissioner may authorize use of 
83.29 	final cover that includes processed materials that meet the requirements in Code of Federal 
83.30 	Regulations, title 40, section 503.32, paragraph (a).
83.31 	(d) "Closure upgrade" means construction activity that will, at a minimum, modify an 
83.32 	existing cover so that it satisfies current rule requirements for mixed municipal solid waste 
83.33 	land disposal facilities.
84.1 	(e) "Contingency action" means organized, planned, or coordinated courses of action to 
84.2 	be followed in case of fire, explosion, or release of solid waste, waste by-products, or 
84.3 	leachate that could threaten human health or the environment.
84.4 	(f) "Corrective action" means steps taken to repair facility structures including liners, 
84.5 	monitoring wells, separation equipment, covers, and aeration devices and to bring the facility 
84.6 	into compliance with design, construction, groundwater, surface water, and air emission 
84.7 	standards.
84.8 	(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and 
84.9 	monitoring of closure actions at a mixed municipal solid waste disposal facility after 
84.10 	completion of the postclosure period.
84.11 	(h) "Decomposition gases" means gases produced by chemical or microbial activity 
84.12 	during the decomposition of solid waste.
84.13 	(h) (i) "Dump materials" means nonhazardous mixed municipal solid wastes disposed 
84.14 	at a Minnesota waste disposal site other than a qualified facility prior to 1973.
84.15 	(i) (j) "Environmental response action" means response action at a qualified facility, 
84.16 	including corrective action, closure, postclosure care; contingency action; environmental 
84.17 	studies, including remedial investigations and feasibility studies; engineering, including 
84.18 	remedial design; removal; remedial action; site construction; and other similar cleanup-related 
84.19 	activities.
84.20 	(j) (k) "Environmental response costs" means:
84.21 	(1) costs of environmental response action, not including legal or administrative expenses; 
84.22 	and
84.23 	(2) costs required to be paid to the federal government under section 107(a) of the federal 
84.24 	Superfund Act, as amended.
84.25 	(k) (l) "Postclosure" or "postclosure care" means actions taken for the care, maintenance, 
84.26 	and monitoring of closure actions at a mixed municipal solid waste disposal facility.
84.27 	(l) (m) "Qualified facility" means a mixed municipal solid waste disposal facility as 
84.28 	described in the most recent agency permit, including adjacent property used for solid waste 
84.29 	disposal that did not occur under a permit from the agency, that:
84.30 	(1)(i) is or was permitted by the agency;
84.31 	(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9, 
84.32 	1994; and
85.1 	(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that 
85.2 	demolition debris may be accepted until May 1, 1995, at a permitted area where disposal 
85.3 	of demolition debris is allowed, if the area where the demolition debris is deposited is at 
85.4 	least 50 feet from the fill boundary of the area where mixed municipal solid waste was 
85.5 	deposited; or
85.6 	(2) is or was permitted by the agency; and
85.7 	(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial 
85.8 	waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at 
85.9 	a permitted area where disposal of such waste is allowed, if the area where the waste is 
85.10 	deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid 
85.11 	waste was deposited; or
85.12 	(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets 
85.13 	all applicable recycling goals in section 115A.551 and that has arranged for all mixed 
85.14 	municipal solid waste generated in the county to be delivered to and processed by a resource 
85.15 	recovery facility located in the county for at least 20 years; or
85.16 	(3) is or was permitted by the agency and stopped accepting mixed municipal solid waste 
85.17 	and industrial waste for disposal by January 1, 2009, and for which the postclosure care 
85.18 	period ended on July 26, 2013.

85.19 	Sec. 95. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:
85.20 		Subd. 4.Qualified facility not under cleanup order; duties. (a) The owner or operator 
85.21 	of a qualified facility that is not subject to a cleanup order shall:
85.22 	(1) complete closure activities at the facility, or enter into a binding agreement with the 
85.23 	commissioner to do so, as provided in paragraph (e), within one year from the date the 
85.24 	owner or operator is notified by the commissioner under subdivision 3 of the closure activities 
85.25 	that are necessary to properly close the facility in compliance with facility's permit, closure 
85.26 	orders, or enforcement agreement with the agency, and with the solid waste rules in effect 
85.27 	at the time the facility stopped accepting waste;
85.28 	(2) undertake or continue postclosure or custodial care at the facility until the date of 
85.29 	notice of compliance under subdivision 7;
85.30 	(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
85.31 	(l) (m), clause (1), transfer to the commissioner of revenue for deposit in the remediation 
85.32 	fund established in section 116.155 any funds required for proof of financial responsibility 
85.33 	under section 116.07, subdivision 4h, that remain after facility closure and any postclosure 
86.1 	care and response action undertaken by the owner or operator at the facility including, if 
86.2 	proof of financial responsibility is provided through a letter of credit or other financial 
86.3 	instrument or mechanism that does not accumulate money in an account, the amount that 
86.4 	would have accumulated had the owner or operator utilized a trust fund, less any amount 
86.5 	used for closure, postclosure care, and response action at the facility; and
86.6 	(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
86.7 	(l) (m), clause (2), transfer to the commissioner of revenue for deposit in the remediation 
86.8 	fund established in section 116.155 an amount of cash that is equal to the sum of their 
86.9 	approved current contingency action cost estimate and the present value of their approved 
86.10 	estimated remaining postclosure care costs required for proof of financial responsibility 
86.11 	under section 116.07, subdivision 4h.; and
86.12 	(5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
86.13 	(m), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund 
86.14 	established in section 116.155 an amount of cash that is equal to any funds required for 
86.15 	proof of financial responsibility under section 116.07, subdivision 4h, that remain after 
86.16 	facility closure and any postclosure and custodial care and response action undertaken by 
86.17 	the owner or operator at the facility have been reimbursed.
86.18 	(b) The owner or operator of a qualified facility that is not subject to a cleanup order 
86.19 	shall:
86.20 	(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
86.21 	(l) (m), clause (1), provide the commissioner with a copy of all applicable comprehensive 
86.22 	general liability insurance policies and other liability policies relating to property damage, 
86.23 	certificates, or other evidence of insurance coverage held during the life of the facility; and
86.24 	(2) enter into a binding agreement with the commissioner to:
86.25 	(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 
86.26 	(l) (m), clause (1), take any actions necessary to preserve the owner or operator's rights to 
86.27 	payment or defense under insurance policies included in clause (1); cooperate with the 
86.28 	commissioner in asserting claims under the policies; and, within 60 days of a request by 
86.29 	the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies 
86.30 	related to environmental response costs;
86.31 	(ii) cooperate with the commissioner or other persons acting at the direction of the 
86.32 	commissioner in taking additional environmental response actions necessary to address 
86.33 	releases or threatened releases and to avoid any action that interferes with environmental 
87.1 	response actions, including allowing entry to the property and to the facility's records and 
87.2 	allowing entry and installation of equipment; and
87.3 	(iii) refrain from developing or altering the use of property described in any permit for 
87.4 	the facility except after consultation with the commissioner and in conformance with any 
87.5 	conditions established by the commissioner for that property, including use restrictions, to 
87.6 	protect public health and welfare and the environment.
87.7 	(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision 
87.8 	2, paragraph (l) (m), clause (1), that is a political subdivision may use a portion of any funds 
87.9 	established for response at the facility, which are available directly or through a financial 
87.10 	instrument or other financial arrangement, for closure or postclosure care at the facility if 
87.11 	funds available for closure or postclosure care are inadequate and shall assign the rights to 
87.12 	any remainder to the commissioner.
87.13 	(d) The agreement required in paragraph (b), clause (2), must be in writing and must 
87.14 	apply to and be binding upon the successors and assigns of the owner. The owner shall 
87.15 	record the agreement, or a memorandum approved by the commissioner that summarizes 
87.16 	the agreement, with the county recorder or registrar of titles of the county where the property 
87.17 	is located.
87.18 	(e) A binding agreement entered into under paragraph (a), clause (1), may include a 
87.19 	provision that the owner or operator will reimburse the commissioner for the costs of closing 
87.20 	the facility to the standard required in that clause.

87.21 	Sec. 96. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:
87.22 		Subdivision 1.General rule. Except as provided in subdivisions 2 to 4 5, a person is 
87.23 	responsible for a release from a tank if the person is an owner or operator of the tank at any 
87.24 	time during or after the release.

87.25 	Sec. 97. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision 
87.26 	to read:
87.27 		Subd. 5.Heating fuel oil vendor. A heating oil vendor is not a responsible person for 
87.28 	a heating fuel oil release at a residential location if the release was caused solely by the 
87.29 	failure of a tank owned by the homeowner.

88.1 	Sec. 98. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to 
88.2 	read:
88.3 		Subd. 7.Clean Air Act settlement money. "Clean Air Act settlement money" means 
88.4 	money required to be paid to the state as a result of litigation or settlements of alleged 
88.5 	violations of the federal Clean Air Act, United States Code, title 42, section 7401, et seq., 
88.6 	or rules adopted thereunder, by an automobile manufacturer. The commissioner of 
88.7 	management and budget must establish the Clean Air Act settlement account in the 
88.8 	environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of 
88.9 	management and budget must deposit Clean Air Act settlement money into the Clean Air 
88.10 	Act settlement account. Clean Air Act settlement money must not be spent until it is 
88.11 	specifically appropriated by law. The commissioner of management and budget must 
88.12 	eliminate the Clean Air Act settlement account in the environmental fund after all Clean 
88.13 	Air Act settlement money has been expended.

88.14 	Sec. 99. Minnesota Statutes 2016, section 116.0714, is amended to read:
88.15 	116.0714 NEW OPEN AIR SWINE BASINS.
88.16 	The commissioner of the Pollution Control Agency or a county board shall not approve 
88.17 	any permits for the construction of new open air swine basins, except that existing facilities 
88.18 	may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment 
88.19 	program for resolving pollution problems or to allow conversion of an existing basin of less 
88.20 	than 1,000,000 gallons to a different animal type, provided all standards are met. This section 
88.21 	expires June 30, 2017 2022.

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

88.23 	Sec. 100. [116.083] PROPANE SCHOOL BUS AND FUELING STATION REBATE 
88.24 	PROGRAM.
88.25 		Subdivision 1.Definitions. For the purposes of this section, the following terms have 
88.26 	the meanings given:
88.27 	(1) "fueling station" means a station at a fixed location intended for use in fueling propane 
88.28 	vehicles;
88.29 	(2) "propane school bus" means a school bus fueled by propane and used by a school 
88.30 	or under contract with the school to transport pupils to or from a school or to or from 
88.31 	school-related activities;
88.32 	(3) "school" means a Minnesota school district or Minnesota charter school; and
89.1 	(4) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision 
89.2 	71.
89.3 		Subd. 2.Rebate eligibility. (a) Schools that purchase a propane school bus or purchase 
89.4 	and install a fueling station are eligible for a rebate under this section. A school that contracts 
89.5 	for pupil transportation may apply for a rebate on behalf of the school bus contractor.
89.6 	(b) Propane school buses must be registered and licensed in Minnesota. Fueling stations 
89.7 	must be located in Minnesota.
89.8 	(c) The following expenses are eligible for a rebate:
89.9 	(1) the cost of an original equipment manufacturer propane school bus purchased; and
89.10 	(2) the cost of fueling station equipment, including construction and installation costs.
89.11 		Subd. 3.Rebate amounts. Rebates under this section may be issued for:
89.12 	(1) no more than 25 percent of the cost of a propane school bus, not to exceed $25,000; 
89.13 	and
89.14 	(2) no more than 50 percent of the cost of a fueling station, not to exceed $50,000.
89.15 		Subd. 4.Maximum rebate allowed. A school may receive no more than five propane 
89.16 	school bus rebates per year. A school may receive one fueling station rebate.
89.17 		Subd. 5.Funding. $1,500,000 is annually appropriated from the Clean Air Act settlement 
89.18 	account in the environmental fund to the agency for grants under this section. The grants 
89.19 	must be awarded through a request for proposal process established by the commissioner 
89.20 	and must comply with the litigation or settlement order providing receipts to the account.

89.21 	Sec. 101. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:
89.22 		Subd. 2.Membership. The members of the board are the commissioner of administration, 
89.23 	the commissioner of commerce, the commissioner of the Pollution Control Agency, the 
89.24 	commissioner of natural resources, the commissioner of agriculture, the commissioner of 
89.25 	health, the commissioner of employment and economic development, the commissioner of 
89.26 	transportation, and the chair of the Board of Water and Soil Resources, and a representative 
89.27 	of the governor's office designated by the governor. The governor shall appoint five eight
89.28 	members from the general public to the board, one from each congressional district, subject 
89.29 	to the advice and consent of the senate. At least two of The five public members must have 
89.30 	knowledge of and be conversant in water management issues in the state environmental 
89.31 	review or permitting. Notwithstanding the provisions of section 15.06, subdivision 6, 
90.1 	members of the board may not delegate their powers and responsibilities as board members 
90.2 	to any other person.

90.3 	Sec. 102. Minnesota Statutes 2016, section 160.06, is amended to read:
90.4 	160.06 TRAIL OR PORTAGE DEDICATION.
90.5 	Any trail or portage between public or navigable bodies of water or from public or 
90.6 	navigable water to a public highway in this state which that has been in continued and 
90.7 	uninterrupted use by the general public for 15 years or more as a trail or portage for the 
90.8 	purposes of travel, shall be is deemed to have been dedicated to the public as a trail or 
90.9 	portage. This section shall apply applies only to forest trails on established state water trails
90.10 	canoe routes and the public shall have has the right to use the same for the purposes of travel 
90.11 	to the same extent as public highways. The width of all trails and portages dedicated by 
90.12 	user shall be is eight feet on each side of the centerline of the trail or portage.

90.13 	Sec. 103. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
90.14 		Subdivision 1.Land on or adjacent to public waters. (a) All land which is the property 
90.15 	of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether 
90.16 	the land is held in trust for taxing districts, and which borders on or is adjacent to meandered 
90.17 	lakes and other public waters and watercourses, and the live timber growing or being thereon, 
90.18 	is hereby withdrawn from sale except as hereinafter provided. The authority having 
90.19 	jurisdiction over the timber on any such of these lands may sell the timber as otherwise 
90.20 	provided by law for cutting and removal under such the conditions as the authority may 
90.21 	prescribe in accordance with approved, sustained yield forestry practices. The authority 
90.22 	having jurisdiction over the timber shall reserve such the timber and impose such the
90.23 	conditions as the authority deems necessary for the protection of watersheds, wildlife habitat, 
90.24 	shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties 
90.25 	described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on 
90.26 	tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on 
90.27 	federal lands.
90.28 	(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public 
90.29 	waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary 
90.30 	high-water mark being the waterside boundary thereof, and the land side boundary thereof 
90.31 	being a line drawn parallel to the ordinary high-water mark and two rods distant landward 
90.32 	therefrom, hereby is reserved for public travel thereon, and whatever the conformation of 
91.1 	the shore line or conditions require, the authority having jurisdiction over such these lands 
91.2 	shall reserve a wider strip for suchthese purposes.
91.3 	(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by 
91.4 	the authority having jurisdiction over the land, in the manner otherwise provided by law 
91.5 	for the sale of such the lands, if the authority determines that it is in the public interest to 
91.6 	do so. Any tract or parcel of land within a plat of record bordering on or adjacent to 
91.7 	meandered lakes and other public waters and watercourses may be sold by the authority 
91.8 	having jurisdiction over the land, in the manner otherwise provided by law for the sale of 
91.9 	the lands, if the authority determines that it is in the public interest to do so. If the authority 
91.10 	having jurisdiction over the land is not the commissioner of natural resources, the land may 
91.11 	not be offered for sale without the prior approval of the commissioner of natural resources.
91.12 	(d) Where the authority having jurisdiction over lands withdrawn from sale under this 
91.13 	section is not the commissioner of natural resources, the authority may submit proposals 
91.14 	for disposition of the lands to the commissioner. The commissioner of natural resources 
91.15 	shall evaluate the lands and their public benefits and make recommendations on the proposed 
91.16 	dispositions to the committees of the legislature with jurisdiction over natural resources. 
91.17 	The commissioner shall include any recommendations of the commissioner for disposition 
91.18 	of lands withdrawn from sale under this section over which the commissioner has jurisdiction. 
91.19 	The commissioner's recommendations may include a public sale, sale to a private party, 
91.20 	acquisition by the Department of Natural Resources for public purposes, or a cooperative 
91.21 	management agreement with, or transfer to, another unit of government.

91.22 	Sec. 104. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:
91.23 		Subdivision 1.Timber sales; land leases and uses. (a) The county auditor, with terms 
91.24 	and conditions set by the county board, may sell timber upon any tract that may be approved 
91.25 	by the natural resources commissioner. The sale of timber shall be made for cash at not less 
91.26 	than the appraised value determined by the county board to the highest bidder after not less 
91.27 	than one week's published notice in an official paper within the county. Any timber offered 
91.28 	at the public sale and not sold may thereafter be sold at private sale by the county auditor 
91.29 	at not less than the appraised value thereof, until the time as the county board may withdraw 
91.30 	the timber from sale. The appraised value of the timber and the forestry practices to be 
91.31 	followed in the cutting of said timber shall be approved by the commissioner of natural 
91.32 	resources.
91.33 	(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made 
91.34 	in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, 
92.1 	the down payment shall be no less than 15 percent of the appraised value, and the balance 
92.2 	shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a 
92.3 	single sale with predetermined cutting blocks, the down payment shall be no less than 15 
92.4 	percent of the appraised price of the entire timber sale which may be held until the satisfactory 
92.5 	completion of the sale or applied in whole or in part to the final cutting block. The value of 
92.6 	each separate block must be paid in full before any cutting may begin in that block. With 
92.7 	the permission of the county contract administrator the purchaser may enter unpaid blocks 
92.8 	and cut necessary timber incidental to developing logging roads as may be needed to log 
92.9 	other blocks provided that no timber may be removed from an unpaid block until separately 
92.10 	scaled and paid for. If payment is provided as specified in this paragraph as security under 
92.11 	paragraph (a) and no cutting has taken place on the contract, the county auditor may credit 
92.12 	the security provided, less any down payment required for an auction sale under this 
92.13 	paragraph, to any other contract issued to the contract holder by the county under this chapter 
92.14 	to which the contract holder requests in writing that it be credited, provided the request and 
92.15 	transfer is made within the same calendar year as the security was received.
92.16 	(c) The county board may sell any timber, including biomass, as appraised or scaled. 
92.17 	Any parcels of land from which timber is to be sold by scale of cut products shall be so 
92.18 	designated in the published notice of sale under paragraph (a), in which case the notice shall 
92.19 	contain a description of the parcels, a statement of the estimated quantity of each species 
92.20 	of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per 
92.21 	piece, as the case may be. In those cases any bids offered over and above the appraised 
92.22 	prices shall be by percentage, the percent bid to be added to the appraised price of each of 
92.23 	the different species of timber advertised on the land. The purchaser of timber from the 
92.24 	parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the 
92.25 	notice of sale as estimated to be standing on the land, and in addition shall pay at the same 
92.26 	rate for any additional amounts which the final scale shows to have been cut or was available 
92.27 	for cutting on the land at the time of sale under the terms of the sale. Where the final scale 
92.28 	of cut products shows that less timber was cut or was available for cutting under terms of 
92.29 	the sale than was originally paid for, the excess payment shall be refunded from the forfeited 
92.30 	tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board 
92.31 	as in case of other claims against the county. No timber, except hardwood pulpwood, may 
92.32 	be removed from the parcels of land or other designated landings until scaled by a person 
92.33 	or persons designated by the county board and approved by the commissioner of natural 
92.34 	resources. Landings other than the parcel of land from which timber is cut may be designated 
92.35 	for scaling by the county board by written agreement with the purchaser of the timber. The 
92.36 	county board may, by written agreement with the purchaser and with a consumer designated 
93.1 	by the purchaser when the timber is sold by the county auditor, and with the approval of 
93.2 	the commissioner of natural resources, accept the consumer's scale of cut products delivered 
93.3 	at the consumer's landing. No timber shall be removed until fully paid for in cash. Small 
93.4 	amounts of timber not exceeding $3,000 500 cords in appraised valuation volume may be 
93.5 	sold for not less than the full appraised value at private sale to individual persons without 
93.6 	first publishing notice of sale or calling for bids, provided that in case of a sale involving a 
93.7 	total appraised value of more than $200 the sale shall be made subject to final settlement 
93.8 	on the basis of a scale of cut products in the manner above provided and not more than two 
93.9 	of the sales, directly or indirectly to any individual shall be in effect at one time.
93.10 	(d) As directed by the county board, the county auditor may lease tax-forfeited land to 
93.11 	individuals, corporations or organized subdivisions of the state at public or private sale, and 
93.12 	at the prices and under the terms as the county board may prescribe, for use as cottage and 
93.13 	camp sites and for agricultural purposes and for the purpose of taking and removing of hay, 
93.14 	stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites 
93.15 	and other temporary uses provided that no leases shall be for a period to exceed ten years; 
93.16 	provided, further that any leases involving a consideration of more than $12,000 per year, 
93.17 	except to an organized subdivision of the state shall first be offered at public sale in the 
93.18 	manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain 
93.19 	subject to the lease for not to exceed one year from the beginning of the term of the lease. 
93.20 	Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be 
93.21 	refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and 
93.22 	allowed by the county board as in case of other claims against the county.
93.23 	(e) As directed by the county board, the county auditor may lease tax-forfeited land to 
93.24 	individuals, corporations, or organized subdivisions of the state at public or private sale, at 
93.25 	the prices and under the terms as the county board may prescribe, for the purpose of taking 
93.26 	and removing for use for road construction and other purposes tax-forfeited stockpiled 
93.27 	iron-bearing material. The county auditor must determine that the material is needed and 
93.28 	suitable for use in the construction or maintenance of a road, tailings basin, settling basin, 
93.29 	dike, dam, bank fill, or other works on public or private property, and that the use would 
93.30 	be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile 
93.31 	for these purposes must first be approved by the commissioner of natural resources. The 
93.32 	request shall be deemed approved unless the requesting county is notified to the contrary 
93.33 	by the commissioner of natural resources within six months after receipt of a request for 
93.34 	approval for use of a stockpile. Once use of a stockpile has been approved, the county may 
94.1 	continue to lease it for these purposes until approval is withdrawn by the commissioner of 
94.2 	natural resources.
94.3 	(f) The county auditor, with the approval of the county board is authorized to grant 
94.4 	permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 
94.5 	tailings, or waste products from mines or ore milling plants, or to use for facilities needed 
94.6 	to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed 
94.7 	for a mining operation, upon the conditions and for the consideration and for the period of 
94.8 	time, not exceeding 25 years, as the county board may determine. The permits, licenses, or 
94.9 	leases are subject to approval by the commissioner of natural resources.
94.10 	(g) Any person who removes any timber from tax-forfeited land before said timber has 
94.11 	been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
94.12 	(h) The county auditor may, with the approval of the county board, and without first 
94.13 	offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of 
94.14 	peat and for the production or removal of farm-grown closed-loop biomass as defined in 
94.15 	section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands 
94.16 	upon the terms and conditions as the county board may prescribe. Any lease for the removal 
94.17 	of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited 
94.18 	lands must first be reviewed and approved by the commissioner of natural resources if the 
94.19 	lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop 
94.20 	biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this 
94.21 	section without first holding a public hearing on the auditor's intention to lease. One printed 
94.22 	notice in a legal newspaper in the county at least ten days before the hearing, and posted 
94.23 	notice in the courthouse at least 20 days before the hearing shall be given of the hearing.
94.24 	(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County 
94.25 	auditor may, at the discretion of the county board, sell timber to the party who bids the 
94.26 	highest price for all the several kinds of timber, as provided for sales by the commissioner 
94.27 	of natural resources under section 90.14. Bids offered over and above the appraised price 
94.28 	need not be applied proportionately to the appraised price of each of the different species 
94.29 	of timber.
94.30 	(j) In lieu of any payment or deposit required in paragraph (b), as directed by the county 
94.31 	board and under terms set by the county board, the county auditor may accept an irrevocable 
94.32 	bank letter of credit in the amount equal to the amount otherwise determined in paragraph 
94.33 	(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written 
94.34 	request of the purchaser, the county may periodically allow the bank letter of credit to be 
95.1 	reduced by an amount proportionate to the value of timber that has been harvested and for 
95.2 	which the county has received payment. The remaining amount of the bank letter of credit 
95.3 	after a reduction under this paragraph must not be less than 20 percent of the value of the 
95.4 	timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the 
95.5 	down payment required in paragraph (b), and no cutting of timber has taken place on the 
95.6 	contract for which a letter of credit has been provided, the county may allow the transfer 
95.7 	of the letter of credit to any other contract issued to the contract holder by the county under 
95.8 	this chapter to which the contract holder requests in writing that it be credited.

95.9 	Sec. 105. [471.9998] MERCHANT BAGS.
95.10 		Subdivision 1.Citation. This section may be cited as the Consumer Choice Act.
95.11 		Subd. 2.Merchant option. All merchants, itinerant vendors, and peddlers doing business 
95.12 	in this state shall have the option to provide customers a paper, plastic, or reusable bag for 
95.13 	the packaging of any item or good purchased, provided the purchase is of a size and manner 
95.14 	commensurate with the use of paper, plastic, or reusable bags.
95.15 		Subd. 3.Prohibition; bag ban or tax. Notwithstanding any other provision of law, no 
95.16 	political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or 
95.17 	reusable bags for packaging of any item or good purchased from a merchant, itinerant 
95.18 	vendor, or peddler.

95.19 	EFFECTIVE DATE. This section is effective May 31, 2017. Ordinances existing on 
95.20 	the effective date of this section that would be prohibited under this section are invalid as 
95.21 	of the effective date of this section.

95.22 	Sec. 106. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182, 
95.23 	section 2, is amended to read:
95.24 	Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE 
95.25 	PARK.]
 95.26 	(a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota 
95.27 	that was included in the Soudan underground mine state park, with certain lands at Stuntz 
95.28 	Bay subject to leases outstanding for employee boathouse sites.
95.29 	(b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and 
95.30 	86A.05, subdivision 2, upon the expiration of a boathouse lease described under paragraph 
95.31 	(a), the commissioner of natural resources shall offer a new lease to the party in possession 
95.32 	at the time of lease expiration, or, if there has been a miscellaneous lease issued by the 
96.1 	Department of Natural Resources due to expiration of a lease described under paragraph 
96.2 	(a), upon its expiration to the lessee. The new lease shall be issued under the terms and 
96.3 	conditions of Minnesota Statutes, section 92.50, with the following limitations except as 
96.4 	follows:
96.5 	(1) the term of the lease shall be for the lifetime of the party being issued a renewed 
96.6 	lease and, if transferred, for the lifetime of the party to whom the lease is transferred;
96.7 	(2) the new lease shall provide that the lease may be transferred only once and the transfer 
96.8 	must be to a person within the third degree of kindred or first cousin according to civil law; 
96.9 	and
96.10 	(3) the commissioner shall limit the number of lessees per lease to no more than two 
96.11 	persons who have attained legal age; and
96.12 	(4) the lease amount must not exceed 50 percent of the average market rate, based on 
96.13 	comparable private lease rates, as determined once every five years per lease.
96.14 	At the time of the new lease, the commissioner may offer, and after agreement with the 
96.15 	leaseholder, lease equivalent alternative sites to the leaseholder.
96.16 	(c) The commissioner shall not cancel a boathouse lease described under paragraphs (a) 
96.17 	and (b) except for noncompliance with the lease agreement.
96.18 	(d) The commissioner must issue a written receipt to the lessee for each lease payment.
96.19 	(d) By January 15, 2001, the commissioner of natural resources shall report to the senate 
96.20 	and house environment and natural resources policy and finance committees on boathouse 
96.21 	leases in state parks. The report shall include information on:
96.22 	(1) the number of boathouse leases;
96.23 	(2) the number of leases that have forfeited;
96.24 	(3) the expiration dates of the leases;
96.25 	(4) the historical significance of the boathouses;
96.26 	(5) recommendations on the inclusion of the land described in paragraph (d) within the 
96.27 	park boundary; and
96.28 	(6) any other relevant information on the leases.
96.29 	(e) The commissioner of natural resources shall contact U.S.X. Corporation and local 
96.30 	units of government regarding the inclusion of the following lands within Soudan 
96.31 	underground mine state park:
97.1 	(1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62 
97.2 	North, Range 15 West;
97.3 	(2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section 
97.4 	14, Township 62 North, Range 15 West;
97.5 	(3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;
97.6 	(4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62 
97.7 	North, Range 15 West;
97.8 	(5) all of Section 24, Township 62 North, Range 15 West;
97.9 	(6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North, 
97.10 	Range 15 West;
97.11 	(7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North, 
97.12 	Range 15 West;
97.13 	(8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West; 
97.14 	and
97.15 	(9) NW1/4 of Section 19, Township 62 North, Range 14 West.

97.16 	EFFECTIVE DATE. This section is effective the day following final enactment and 
97.17 	applies to monthly lease payments made on or after that date.

97.18 	Sec. 107. Laws 2013, chapter 114, article 4, section 105, is amended to read:
97.19 	Sec. 105. RULES; SILICA SAND.
 97.20 	(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining to 
97.21 	the control of particulate emissions from silica sand projects. The rulemaking is exempt 
97.22 	from Minnesota Statutes, section 14.125.
97.23 	(b) (a) The commissioner of natural resources shall adopt rules pertaining to the 
97.24 	reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 
97.25 	14.125.
97.26 	(c) (b) By January 1, 2014, the Department of Health shall adopt an air quality 
97.27 	health-based value for silica sand.
97.28 	(d) (c) The Environmental Quality Board shall amend its rules for environmental review, 
97.29 	adopted under Minnesota Statutes, chapter 116D, for silica sand mining and processing to 
97.30 	take into account the increased activity in the state and concerns over the size of specific 
97.31 	operations. The Environmental Quality Board shall consider whether the requirements of 
98.1 	Minnesota Statutes, section 116C.991, should remain part of the environmental review 
98.2 	requirements for silica sand and whether the requirements should be different for different 
98.3 	geographic areas of the state. The rulemaking is exempt from Minnesota Statutes, section 
98.4 	14.125.

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

98.6 	Sec. 108. FORT RIDGELY STATE PARK GOLF COURSE.
 98.7 	(a) By May 1, 2017, the commissioner of natural resources must work out an agreement 
98.8 	with the city of Fairfax that allows the city to lease and operate the golf course at Fort 
98.9 	Ridgely State Park. The agreement must include:
98.10 	(1) lease and operation of the existing golf course;
98.11 	(2) lease of the irrigation system, including the ability to maintain and repair it;
98.12 	(3) lease of the upper level of the Fort Ridgely State Park Chalet;
98.13 	(4) lease of Storage Building 4-292;
98.14 	(5) the ability for golf carts to be used by users of the golf course;
98.15 	(6) the ability to offer liquor for sale;
98.16 	(7) public access to the golf course without requiring a state park permit; and
98.17 	(8) the ability to improve the golf course, including improvements to golf-cart paths and 
98.18 	the chalet.
98.19 	(b) The agreement must allow the city to lease the golf course for 12 months and renew 
98.20 	the lease annually for at least ten years. The rental fee must not exceed eight percent of the 
98.21 	total green fees received, excluding golf-cart rental fees. The commissioner must ensure 
98.22 	that the golf course has a playable surface when the lease begins and the city of Fairfax 
98.23 	must ensure the golf course has a playable surface should the lease expire.
98.24 	(c) Admission to property leased under this section is exempt from state park permit 
98.25 	fees required under Minnesota Statutes, chapter 85.

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

98.27 	Sec. 109. CANCELLATION OF PERMITS.
 98.28 	Water-use permits issued before July 1, 2017, for water use exempted under Minnesota 
98.29 	Statutes, section 103G.271, subdivision 1, paragraph (d), are canceled effective July 1, 2017.

99.1 	Sec. 110. DEMOLITION DEBRIS LANDFILL PERMITTING.
 99.2 	A solid waste permit issued by the Pollution Control Agency to an existing class I 
99.3 	demolition debris landfill facility that is operating under the Pollution Control Agency 
99.4 	Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota 
99.5 	Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility 
99.6 	by the Pollution Control Agency after the effective date of this section.

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

99.8 	Sec. 111. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY 
99.9 	ENVIRONMENTAL TRUST FUND.
 99.10 	Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the 
99.11 	disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must 
99.12 	deposit any money received from the sale of tax-forfeited land purchased by the Fond du 
99.13 	Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter 
99.14 	256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund 
99.15 	established by the county. The principal from the sale of the land may not be expended. 
99.16 	The county may spend interest earned on the principal only for purposes related to improving 
99.17 	natural resources.

99.18 	EFFECTIVE DATE; LOCAL APPROVAL. This section is effective the day after 
99.19 	the St. Louis County Board and its chief clerical officer timely complete their compliance 
99.20 	with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

99.21 	Sec. 112. WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION.
 99.22 	(a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law 
99.23 	to the contrary, the commissioner of natural resources must issue, upon application, a water 
99.24 	use permit for calcareous fens located in Pipestone County. The permittee must agree to 
99.25 	the following permit conditions:
99.26 	(1) the permit is for a term of 15 years, but may be revoked after five years if paragraph 
99.27 	(b) applies;
99.28 	(2) water use under the permit is limited to irrigation of agricultural crops at a rate of 
99.29 	no more than 800 gallons per minute in accordance with an irrigation plan submitted with 
99.30 	the water use permit application;
99.31 	(3) the permittee must pay for the irrigation system installed during the term of the 
99.32 	permit; and
100.1 	(4) installation of the irrigation system must minimize disturbance to the existing plant 
100.2 	community in the calcareous fens. The commissioner must provide technical advice for 
100.3 	installation of the irrigation system.
100.4 	(b) If, at any time after five years of water use, the commissioner determines the 
100.5 	drawdown of water from the fens endangers the continued sustainability of the calcareous 
100.6 	fens, the commissioner may revoke the permit. If the commissioner revokes the permit 
100.7 	before the permit's expiration date, the permittee must be reimbursed for the cost of the 
100.8 	irrigation system, prorated over the full 15-year term of the original permit.
100.9 	(c) The commissioner must monitor the calcareous fens to collect data on the effects of 
100.10 	water use from the fens for the duration of the permit. If the commissioner concludes that, 
100.11 	based on collected data, the calcareous fens remain viable after 15 years of water use, the 
100.12 	commissioner must renew the water use permit for an additional 15 years, free of the 
100.13 	condition imposed under paragraph (a), clause (1).

100.14 	Sec. 113. SAND DUNES STATE FOREST MANAGEMENT.
 100.15 		Subdivision 1.Forest management. When managing the Sand Dunes State Forest, the 
100.16 	commissioner must not convert additional land to oak savanna unless it is done as a result 
100.17 	of a contract entered into before the effective date of this section.
100.18 		Subd. 2.School trust lands. Nothing in this section restricts the ability of the 
100.19 	commissioner or the school trust lands director from managing school trust lands within 
100.20 	the Sand Dunes State Forest for long-term economic return.
100.21 		Subd. 3.Township road. If the commissioner of natural resources finds that any portion 
100.22 	of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the 
100.23 	commissioner must convey an easement over and across state-owned lands administered 
100.24 	by the commissioner to the township under Minnesota Statutes, section 84.63, for the width 
100.25 	of 233rd Avenue.
100.26 		Subd. 4.Sunset. This section expires two years from the day following final enactment.

100.27 	Sec. 114. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
 100.28 	(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules, 
100.29 	part 7001.0150, subpart 2, item A, by inserting the following:
100.30 	"For a municipality that constructs a publicly owned treatment works facility to comply 
100.31 	with a new or modified effluent limitation, compliance with any new or modified effluent 
101.1 	limitation adopted after construction begins that would require additional capital investment 
101.2 	is required no sooner than 16 years after the date of initiation of operation of the facility."
101.3 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
101.4 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
101.5 	Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, 
101.6 	section 14.388.

101.7 	Sec. 115. EQB MEMBERSHIP TRANSITION.
 101.8 	(a) Until the governor has appointed members of the Environmental Quality Board from 
101.9 	each congressional district as required under this act, this section governs membership of 
101.10 	the board.
101.11 	(b) The citizen members of the board as of July 1, 2017, shall continue to serve until the 
101.12 	expiration of their terms.
101.13 	(c) No later than October 1, 2017, the governor shall appoint board members from the 
101.14 	first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018.
101.15 	(d) No later than October 1, 2018, the governor shall appoint a board member from the 
101.16 	third congressional district for a term to begin January 8, 2019.
101.17 	(e) No later than October 1, 2019, the governor shall appoint a board member from the 
101.18 	fourth congressional district for a term to begin January 7, 2020.
101.19 	(f) No later than October 1, 2020, the governor shall appoint a board member from the 
101.20 	fifth congressional district for a term to begin January 5, 2021.
101.21 	(g) No later than October 1, 2021, the governor shall appoint a commissioner from the 
101.22 	sixth congressional district for a term to begin January 4, 2022.

101.23 	Sec. 116. REVISOR'S INSTRUCTION.
 101.24 	In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all 
101.25 	references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with 
101.26 	Minnesota Statutes, section 115B.39, subdivision 2, paragraph (m), and shall make all other 
101.27 	necessary changes to preserve the meaning of the text and to conform with the paragraph 
101.28 	relettering in this act.

102.1 	Sec. 117.  REPEALER.
 102.2 	(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 
102.3 	97C.701, subdivisions 1a and 6; 97C.705; and 97C.711, are repealed.
102.4 	(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 
102.5 	6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed.

102.6 	ARTICLE 3
102.7 	ENVIRONMENTAL REFORMS

102.8 	Section 1. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
102.9 		Subd. 14a.Permitting efficiency; public notice. (a) It is the goal of the state that 
102.10 	environmental and resource management permits be issued or denied within 90 days for 
102.11 	Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. 
102.12 	The commissioner of natural resources shall establish management systems designed to 
102.13 	achieve the goal.
102.14 	(b) The commissioner shall prepare an annual permitting efficiency report that includes 
102.15 	statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 
102.16 	categories. The report is due August 1 each year. For permit applications that have not met 
102.17 	the goal, the report must state the reasons for not meeting the goal. In stating the reasons 
102.18 	for not meeting the goal, the commissioner shall separately identify delays caused by the 
102.19 	responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 
102.20 	level of public engagement. The report must specify the number of days from initial 
102.21 	submission of the application to the day of determination that the application is complete. 
102.22 	The report must aggregate the data for the year and assess whether program or system 
102.23 	changes are necessary to achieve the goal. The report must be posted on the department's 
102.24 	Web site and submitted to the governor and the chairs and ranking minority members of 
102.25 	the house of representatives and senate committees having jurisdiction over natural resources 
102.26 	policy and finance.
102.27 	(c) The commissioner shall allow electronic submission of environmental review and 
102.28 	permit documents to the department.
102.29 	(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 
102.30 	to paragraph (a), the commissioner of natural resources shall notify the project proposer
102.31 	permit applicant, in writing, whether the application is complete or incomplete. If the 
102.32 	commissioner determines that an application is incomplete, the notice to the applicant must 
102.33 	enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 
103.1 	and advise the applicant on how the deficiencies can be remedied. If the commissioner 
103.2 	determines that the application is complete, the notice must confirm the application's Tier 
103.3 	1 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2 
103.4 	permit, provide the permit applicant with a schedule for reviewing the permit application. 
103.5 	This paragraph does not apply to an application for a permit that is subject to a grant or loan 
103.6 	agreement under chapter 446A.
103.7 	(e) When public notice of a draft individual Tier 2 permit is required, the commissioner 
103.8 	must issue the notice with the draft permit within 150 days of receiving a completed permit 
103.9 	application unless the permit applicant and the commissioner mutually agree to a different 
103.10 	date. Upon request of the permit applicant, the commissioner must provide a copy of the 
103.11 	draft permit to the permit applicant and consider comments on the draft permit from the 
103.12 	permit applicant before issuing the public notice.

103.13 	Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
103.14 		Subd. 14b.Expediting costs; reimbursement. Permit applicants who wish to construct, 
103.15 	reconstruct, modify, or operate a facility needing any permit from the commissioner of 
103.16 	natural resources to construct, reconstruct, or modify a project or to operate a facility may 
103.17 	offer to reimburse the department for the reasonable costs of staff time or consultant services
103.18 	needed to expedite the preapplication process and permit development process through the 
103.19 	final decision on the permit, including the analysis of environmental review documents. 
103.20 	The reimbursement shall be in addition to permit application fees imposed by law. When 
103.21 	the commissioner determines that additional resources are needed to develop the permit 
103.22 	application in an expedited manner, and that expediting the development is consistent with 
103.23 	permitting program priorities, the commissioner may accept the reimbursement. The 
103.24 	commissioner must give the permit applicant an estimate of costs for the expedited service 
103.25 	to be incurred by the commissioner. The estimate must include a brief description of the 
103.26 	tasks to be performed, a schedule for completing the tasks, and the estimated cost for each 
103.27 	task. The proposer and the commissioner shall enter into a written agreement detailing the 
103.28 	estimated costs for the expedited service to be incurred by the department and any recourse 
103.29 	available to the applicant if the department fails to comply with the schedule. The agreement 
103.30 	must also identify staff anticipated to be assigned to the project and describe the 
103.31 	commissioner's commitment to making assigned staff available for the project until the 
103.32 	permit decision is made. The commissioner must not issue a permit until the applicant has 
103.33 	paid all fees in full. The commissioner must refund any unobligated balance of fees paid. 
103.34 	Reimbursements accepted by the commissioner are appropriated to the commissioner for 
103.35 	the purpose of developing the permit or analyzing environmental review documents. 
104.1 	Reimbursement by a permit applicant shall precede and not be contingent upon issuance of 
104.2 	a permit; shall not affect the commissioner's decision on whether to issue or deny a permit, 
104.3 	what conditions are included in a permit, or the application of state and federal statutes and 
104.4 	rules governing permit determinations; and shall not affect final decisions regarding 
104.5 	environmental review.

104.6 	Sec. 3. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
104.7 	read:
104.8 		Subd. 14c.Irrevocability, suspensions, or expiration of permits; environmental 
104.9 	review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to 
104.10 	appropriate money to the commissioner of natural resources for environmental review and 
104.11 	permitting activities of the Department of Natural Resources:
104.12 	(1) a permit granted by the commissioner may not be terminated or suspended for the 
104.13 	term of the permit nor shall it expire without the consent of the permittee, except for breach 
104.14 	or nonperformance of any condition of the permit by the permittee that is an imminent threat 
104.15 	to impair or destroy the environment or injure the health, safety, or welfare of the citizens 
104.16 	of the state; and
104.17 	(2) environmental review and permit application work on environmental review and 
104.18 	permits filed before July 1 of that year must not be suspended or terminated.
104.19 	(b) Paragraph (a), clause (1), applies until legislation appropriating money to the 
104.20 	commissioner for the environmental review and permitting activities is enacted.

104.21 	Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
104.22 	read:
104.23 		Subd. 14d.Unadopted rules. (a) The commissioner of natural resources must not enforce 
104.24 	or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted 
104.25 	rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or 
104.26 	similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive 
104.27 	statement, or similar pronouncement meets the definition of a rule as defined under section 
104.28 	14.02, subdivision 4, but has not been adopted according to the rulemaking process provided 
104.29 	under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner 
104.30 	must overcome a presumption against the unadopted rule.
104.31 	(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, 
104.32 	manual standard, interpretive statement, or similar pronouncement into a statute, rule, or 
105.1 	standard, the commissioner must follow the rulemaking process provided under chapter 14 
105.2 	to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive 
105.3 	statement, or similar pronouncement.

105.4 	Sec. 5. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:
105.5 		Subd. 2.Lease requirements. All leases for nonferrous metallic minerals or petroleum 
105.6 	must be approved by the Executive Council, and any other mineral lease issued pursuant 
105.7 	to this section that covers 160 or more acres must be approved by the Executive Council. 
105.8 	The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by 
105.9 	the commissioner according to rules adopted by the commissioner, but no lease shall be for 
105.10 	a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall 
105.11 	be fully set forth in each lease issued. No lease shall be canceled by the state for failure to 
105.12 	meet production requirements prior to the 36th year of the lease. The rents and royalties 
105.13 	shall be credited to the funds as provided in section 93.22.

105.14 	EFFECTIVE DATE. This section is effective the day following final enactment and 
105.15 	applies to leases in effect or issued on or after that date.

105.16 	Sec. 6. Minnesota Statutes 2016, section 93.50, is amended to read:
105.17 	93.50 APPEAL.
105.18 	Any person aggrieved by any final order, ruling, or decision of the commissioner may 
105.19 	appeal seek judicial review of such order, ruling, or decision in the manner provided in 
105.20 	chapter 14 under sections 14.63 to 14.69.

105.21 	Sec. 7. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
105.22 		Subd. 3.Wetland replacement siting. (a) Impacted wetlands in a 50 to 80 percent area 
105.23 	must be replaced in a 50 to 80 percent area or in a less than 50 percent area. Impacted 
105.24 	wetlands in a less than 50 percent area must be replaced in a less than 50 percent area. All 
105.25 	wetland replacement must follow this priority order:
105.26 	(1) on site or in the same minor watershed as the impacted wetland;
105.27 	(2) in the same watershed as the impacted wetland;
105.28 	(3) in the same county or wetland bank service area as the impacted wetland; and
105.29 	(4) in another wetland bank service area.
106.1 	(b) Notwithstanding paragraph (a), wetland banking credits approved according to a 
106.2 	complete wetland banking application submitted to a local government unit by April 1, 
106.3 	1996, may be used to replace wetland impacts resulting from public transportation projects 
106.4 	statewide.
106.5 	(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement 
106.6 	by wetland banking begins at paragraph (a), clause (3), according to rules adopted under 
106.7 	section 103G.2242, subdivision 1.
106.8 	(d) When reasonable, practicable, and environmentally beneficial replacement 
106.9 	opportunities are not available in siting priorities listed in paragraph (a), the applicant may 
106.10 	seek opportunities at the next level.
106.11 	(e) For the purposes of this section, "reasonable, practicable, and environmentally 
106.12 	beneficial replacement opportunities" are defined as opportunities that:
106.13 	(1) take advantage of naturally occurring hydrogeomorphological conditions and require 
106.14 	minimal landscape alteration;
106.15 	(2) have a high likelihood of becoming a functional wetland that will continue in 
106.16 	perpetuity;
106.17 	(3) do not adversely affect other habitat types or ecological communities that are 
106.18 	important in maintaining the overall biological diversity of the area; and
106.19 	(4) are available and capable of being done after taking into consideration cost, existing 
106.20 	technology, and logistics consistent with overall project purposes.
106.21 	(f) Regulatory agencies, local government units, and other entities involved in wetland 
106.22 	restoration shall collaborate to identify potential replacement opportunities within their 
106.23 	jurisdictional areas.
106.24 	(g) The board must establish wetland replacement ratios and wetland bank service area 
106.25 	priorities to implement the siting and targeting of wetland replacement and encourage the 
106.26 	use of high priority areas for wetland replacement.
106.27 	(h) Wetland replacement sites identified in accordance with the priority order for 
106.28 	replacement siting in paragraph (a) as part of the completion of an adequate environmental 
106.29 	impact statement may be approved for a replacement plan under section 93.481, 103G.2242, 
106.30 	or 103G.2243 without further modification related to the priority order, notwithstanding 
106.31 	availability of new mitigation sites or availability of credits after completion of an adequate 
106.32 	environmental impact statement. Wetland replacement plan applications must be submitted 
107.1 	within one year of the adequacy determination of the environmental impact statement to be 
107.2 	eligible for approval under this paragraph.

107.3 	Sec. 8. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:
107.4 		Subdivision 1.Rules. (a) The board, in consultation with the commissioner, shall adopt 
107.5 	rules governing the approval of wetland value replacement plans under this section and 
107.6 	public-waters-work permits affecting public waters wetlands under section 103G.245. These 
107.7 	rules must address the criteria, procedure, timing, and location of acceptable replacement 
107.8 	of wetland values and may address the state establishment and administration of a wetland 
107.9 	banking program for public and private projects, including provisions for an in-lieu fee 
107.10 	program; the administrative, monitoring, and enforcement procedures to be used; and a 
107.11 	procedure for the review and appeal of decisions under this section. In the case of peatlands, 
107.12 	the replacement plan rules must consider the impact on carbon. Any in-lieu fee program 
107.13 	established by the board must conform with Code of Federal Regulations, title 33, section 
107.14 	332.8, as amended.
107.15 	(b) After the adoption of the rules, a replacement plan must be approved by a resolution 
107.16 	of the governing body of the local government unit, consistent with the provisions of the 
107.17 	rules or a comprehensive wetland protection and management plan approved under section 
107.18 	103G.2243.
107.19 	(c) If the local government unit fails to apply the rules, or fails to implement a local 
107.20 	comprehensive wetland protection and management plan established under section 
107.21 	103G.2243, the government unit is subject to penalty as determined by the board.
107.22 	(d) When making a determination under rules adopted pursuant to this subdivision on 
107.23 	whether a rare natural community will be permanently adversely affected, consideration of 
107.24 	measures to mitigate any adverse effect on the community must be considered.

107.25 	Sec. 9. [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION 
107.26 	CONTROL AGENCY.
107.27 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
107.28 	(b) "Local government unit" means a statutory or home rule charter city, county, local 
107.29 	public utilities commission, sanitary district, or an organization formed for the joint exercise 
107.30 	of powers under section 471.59.
107.31 	(c) "Proposed action" means an action that is all of the following:
108.1 	(1) being considered by the commissioner of the Pollution Control Agency or has been 
108.2 	undertaken by the commissioner but is not yet final;
108.3 	(2) would, once final, constitute one of the following:
108.4 	(i) the issuance, amendment, modification, or denial of a water quality standard under 
108.5 	section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a 
108.6 	watershed restoration and protection strategy (WRAPS); or
108.7 	(ii) another action or decision undertaken pursuant to the commissioner's authority under 
108.8 	chapter 114D or 115 that is or would be eligible for a contested case hearing under chapter 
108.9 	14 or that would constitute rulemaking under that chapter.
108.10 	(d) "Requisite number" means five or more if the proposed action is rulemaking under 
108.11 	chapter 14. The term means one or more if the proposed action is one that is or would be 
108.12 	eligible for a contested case hearing under chapter 14.
108.13 	(e) "Review petition" means a written petition of a local government unit adopted by 
108.14 	resolution of the applicable governing body that describes the need for review by an expert 
108.15 	review panel of the scientific basis of a proposed action that potentially affects the petitioner.
108.16 	(f) "Review proceeding" means a proceeding under chapter 14 of the Office of 
108.17 	Administrative Hearings to review a proposed action.
108.18 		Subd. 2.Office of Administrative Hearings review of scientific basis for proposed 
108.19 	action. In any review proceeding, the administrative law judge must examine the 
108.20 	administrative record and, without deference to the commissioner, independently determine 
108.21 	from the record whether:
108.22 	(1) the proposed action is based on reliable scientific data and analyses, as confirmed 
108.23 	by publicly available peer-reviewed literature;
108.24 	(2) every test, measurement, or model the commissioner relied on in support of the 
108.25 	proposed action was used by the commissioner for the purpose for which the test, 
108.26 	measurement, or model was designed, consistent with generally accepted and peer-reviewed 
108.27 	scientific practice;
108.28 	(3) the proposed action is consistent with the findings of any applicable external peer 
108.29 	review panel the commissioner convened under section 115.035; and
108.30 	(4) the proposed action is based on a demonstrated, significant causal relationship between 
108.31 	the parameters of concern and the water-quality objective at issue, not the correlation alone. 
108.32 	When a causal relationship may be confounded by other factors, the reviewing authority 
109.1 	must determine whether the relevance and effect of those factors were assessed to ensure 
109.2 	the predicted causal relationship is valid.
109.3 		Subd. 3.Effect of Office of Administrative Hearings finding of inadequate basis for 
109.4 	proposed action. If an administrative law judge determines that any of the conditions set 
109.5 	forth in subdivision 2, clauses (1) to (4), are not satisfied, then:
109.6 	(1) if the proposed action was a proposed rule, the administrative law judge must find 
109.7 	that the need for or reasonableness of the rule has not been established pursuant to section 
109.8 	14.14, subdivision 2; and
109.9 	(2) if the proposed action was before the Office of Administrative Hearings as part of a 
109.10 	contested case hearing, the administrative law judge must include this finding in the report 
109.11 	required by sections 14.48 to 14.56, which shall constitute the final decision in the case.
109.12 		Subd. 4.When independent expert review panel required; composition. The Office 
109.13 	of Administrative Hearings must convene an expert review panel to review the scientific 
109.14 	basis of a proposed action when it receives the requisite number of review petitions and 
109.15 	finds, based on its independent review of the petitions, that the petitions demonstrate the 
109.16 	existence of a material scientific dispute regarding the scientific validity of the commissioner's 
109.17 	proposed action. The Office of Administrative Hearings shall issue an order granting or 
109.18 	denying a petition within 30 days of its receipt of the petition. A review panel must consist 
109.19 	of three independent experts with qualifications in the subject matter of the scientific dispute 
109.20 	who are employed neither by the Pollution Control Agency nor by a petitioner to the 
109.21 	proceeding and who are not directly or indirectly involved with the work conducted or 
109.22 	contracted by the agency. The composition of the panel must be determined as follows:
109.23 	(1) the commissioner of the Pollution Control Agency must select one expert satisfying 
109.24 	the requirements of this subdivision;
109.25 	(2) the petitioners must jointly select one expert satisfying the requirements of this 
109.26 	subdivision; and
109.27 	(3) the two experts selected under clauses (1) and (2) must mutually agree to a third 
109.28 	expert satisfying the requirements of this subdivision. If the two experts are unable to agree 
109.29 	on a third expert, the Office of Administrative Hearings must make the appointment.
109.30 		Subd. 5.Conduct of independent expert review panel. Upon granting a petition for 
109.31 	independent expert review, the Office of Administrative Hearings must, as soon as practicable 
109.32 	thereafter, issue an order establishing the independent expert review panel, identifying the 
109.33 	independent experts selected pursuant to subdivision 4. This order must include a statement 
110.1 	of the specific scientific issues or questions in dispute to be submitted for review by the 
110.2 	panel. The commissioner and all petitioners must agree on the issues or questions in dispute 
110.3 	to be submitted for review. If they cannot agree on one or more issues or questions, the 
110.4 	Office of Administrative Hearings must determine the issue or questions to be submitted 
110.5 	giving substantial consideration to the questions raised in any petitions it has received. The 
110.6 	panel must review the scientific evidence relevant to those issues or questions as found in 
110.7 	the petitions, the administrative record for the proposed action, and the results of any external 
110.8 	peer review conducted according to section 115.035, in accordance with the guidance in 
110.9 	the United States Environmental Protection Agency's Peer Review Handbook. The panel 
110.10 	must submit a written opinion on the scientific validity of the commissioner's approach that 
110.11 	is in controversy. If the panel finds deficiencies, the panel must recommend how the 
110.12 	deficiencies can be corrected. The written opinion shall become part of the administrative 
110.13 	record and must be submitted to the Office of Administrative Hearings, which shall send a 
110.14 	written copy of the opinion to the commissioner of the Pollution Control Agency, all 
110.15 	petitioners, and the chairs and ranking minority members of the house of representatives 
110.16 	and senate committees having jurisdiction over environment and natural resources policy 
110.17 	and finance.
110.18 		Subd. 6.Status of action pending independent expert panel review. Once the Office 
110.19 	of Administrative Hearings has received the requisite number of review petitions, it must 
110.20 	notify the Pollution Control Agency of this fact and:
110.21 	(1) the Pollution Control Agency shall not grant or deny a contested case petition filed 
110.22 	by the local government unit on the proposed action that is the subject of a petition or 
110.23 	otherwise proceed towards finalizing the proposed action until the Office of Administrative 
110.24 	Hearings denies the petition for independent expert review, or if the petition is granted, it 
110.25 	has received and considered the written opinion required by subdivision 5; and
110.26 	(2) the Office of Administrative Hearings shall not conduct the review required by 
110.27 	subdivision 2 until it has received the written opinion required by subdivision 5.
110.28 		Subd. 7.Chapter 14 requirements must be followed. Nothing in this section shall be 
110.29 	construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14. 
110.30 	Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency 
110.31 	and the Office of Administrative Hearings shall make the opinion available to the public 
110.32 	for review and continue to follow all applicable provisions of chapter 14, including public 
110.33 	comment and hearing requirements.
111.1 		Subd. 8.Timing of review petition submission. A review petition submitted to the 
111.2 	Office of Administrative Hearings must be submitted within the time period for filing a 
111.3 	contested case petition or prior to the expiration of the public comment period as noticed 
111.4 	in the statement of intent to adopt the rule, as applicable.
111.5 		Subd. 9.This section is supplementary. The duties and procedures set forth in this 
111.6 	section are supplementary and applicable to those set forth in section 14.091.

111.7 	Sec. 10. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
111.8 		Subd. 2b.Permitting efficiency. (a) It is the goal of the state that environmental and 
111.9 	resource management permits be issued or denied within 90 days for Tier 1 permits or 150 
111.10 	days for Tier 2 permits following submission of a permit application. The commissioner of 
111.11 	the Pollution Control Agency shall establish management systems designed to achieve the 
111.12 	goal. For the purposes of this section, "Tier 1 permits" are permits that do not require 
111.13 	individualized actions or public comment periods, and "Tier 2 permits" are permits that 
111.14 	require individualized actions or public comment periods.
111.15 	(b) The commissioner shall prepare an annual permitting efficiency report that includes 
111.16 	statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 
111.17 	categories. The report is due August 1 each year. For permit applications that have not met 
111.18 	the goal, the report must state the reasons for not meeting the goal. In stating the reasons 
111.19 	for not meeting the goal, the commissioner shall separately identify delays caused by the 
111.20 	responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 
111.21 	level of public engagement. The report must specify the number of days from initial 
111.22 	submission of the application to the day of determination that the application is complete. 
111.23 	The report must aggregate the data for the year and assess whether program or system 
111.24 	changes are necessary to achieve the goal. The report must be posted on the agency's Web 
111.25 	site and submitted to the governor and the chairs and ranking minority members of the house 
111.26 	of representatives and senate committees having jurisdiction over environment policy and 
111.27 	finance.
111.28 	(c) The commissioner shall allow electronic submission of environmental review and 
111.29 	permit documents to the agency.
111.30 	(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 
111.31 	to paragraph (a), the commissioner of the Pollution Control Agency shall notify the project 
111.32 	proposer permit applicant, in writing, whether the application is complete or incomplete. If 
111.33 	the commissioner determines that an application is incomplete, the notice to the applicant 
111.34 	must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 
112.1 	and advise the applicant on how the deficiencies can be remedied. If the commissioner 
112.2 	determines that the application is complete, the notice must confirm the application's Tier 
112.3 	1 or Tier 2 permit status and, upon request of the permit applicant of an individual Tier 2 
112.4 	permit, provide the permit applicant with a schedule for reviewing the permit application. 
112.5 	This paragraph does not apply to an application for a permit that is subject to a grant or loan 
112.6 	agreement under chapter 446A.
112.7 	(e) For purposes of this subdivision, "permit professional" means an individual not 
112.8 	employed by the Pollution Control Agency who:
112.9 	(1) has a professional license issued by the state of Minnesota in the subject area of the 
112.10 	permit;
112.11 	(2) has at least ten years of experience in the subject area of the permit; and
112.12 	(3) abides by the duty of candor applicable to employees of the Pollution Control Agency 
112.13 	under agency rules and complies with all applicable requirements under chapter 326.
112.14 	(f) Upon the agency's request, an applicant relying on a permit professional must 
112.15 	participate in a meeting with the agency before submitting an application:
112.16 	(1) at least two weeks prior to the preapplication meeting, the applicant must submit at 
112.17 	least the following:
112.18 	(i) project description, including, but not limited to, scope of work, primary emissions 
112.19 	points, discharge outfalls, and water intake points;
112.20 	(ii) location of the project, including county, municipality, and location on the site;
112.21 	(iii) business schedule for project completion; and
112.22 	(iv) other information requested by the agency at least four weeks prior to the scheduled 
112.23 	meeting; and
112.24 	(2) during the preapplication meeting, the agency shall provide for the applicant at least 
112.25 	the following:
112.26 	(i) an overview of the permit review program;
112.27 	(ii) a determination of which specific application or applications will be necessary to 
112.28 	complete the project;
112.29 	(iii) a statement notifying the applicant if the specific permit being sought requires a 
112.30 	mandatory public hearing or comment period;
113.1 	(iv) a review of the timetable established in the permit review program for the specific 
113.2 	permit being sought; and
113.3 	(v) a determination of what information must be included in the application, including 
113.4 	a description of any required modeling or testing.
113.5 	(g) The applicant may select a permit professional to undertake the preparation of the 
113.6 	permit application and draft permit.
113.7 	(h) If a preapplication meeting was held, the agency shall, within seven business days 
113.8 	of receipt of an application, notify the applicant and submitting permit professional that the 
113.9 	application is complete or is denied, specifying the deficiencies of the application.
113.10 	(i) Upon receipt of notice that the application is complete, the permit professional shall 
113.11 	submit to the agency a timetable for submitting a draft permit. The permit professional shall 
113.12 	submit a draft permit on or before the date provided in the timetable. Within 60 days after 
113.13 	the close of the public comment period, the commissioner shall notify the applicant whether 
113.14 	the permit can be issued.
113.15 	(j) Nothing in this section shall be construed to modify:
113.16 	(1) any requirement of law that is necessary to retain federal delegation to or assumption 
113.17 	by the state; or
113.18 	(2) the authority to implement a federal law or program.
113.19 	(k) The permit application and draft permit shall identify or include as an appendix all 
113.20 	studies and other sources of information used to substantiate the analysis contained in the 
113.21 	permit application and draft permit. The commissioner shall request additional studies, if 
113.22 	needed, and the project proposer permit applicant shall submit all additional studies and 
113.23 	information necessary for the commissioner to perform the commissioner's responsibility 
113.24 	to review, modify, and determine the completeness of the application and approve the draft 
113.25 	permit.

113.26 	Sec. 11. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to 
113.27 	read:
113.28 		Subd. 7.Draft permits; public notice. When public notice of a draft individual Tier 2 
113.29 	permit is required, the commissioner must issue the notice with the draft permit within 150 
113.30 	days of receiving a completed permit application unless the permit applicant and the 
113.31 	commissioner mutually agree to a different date. Upon request of the permit applicant, the 
114.1 	commissioner must provide a copy of the draft permit to the permit applicant and consider 
114.2 	comments on the draft permit from the permit applicant before issuing the public notice.

114.3 	Sec. 12. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
114.4 		Subd. 4d.Permit fees. (a) The agency may collect permit fees in amounts not greater 
114.5 	than those necessary to cover the reasonable costs of developing, reviewing, and acting 
114.6 	upon applications for agency permits and implementing and enforcing the conditions of the 
114.7 	permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The 
114.8 	fee schedule must reflect reasonable and routine direct and indirect costs associated with 
114.9 	permitting, implementation, and enforcement. The agency may impose an additional 
114.10 	enforcement fee to be collected for a period of up to two years to cover the reasonable costs 
114.11 	of implementing and enforcing the conditions of a permit under the rules of the agency. 
114.12 	Any money collected under this paragraph shall be deposited in the environmental fund.
114.13 	(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner 
114.14 	or operator of all stationary sources, emission facilities, emissions units, air contaminant 
114.15 	treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage 
114.16 	facilities subject to a notification, permit, or license requirement under this chapter, 
114.17 	subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 
114.18 	et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and 
114.19 	indirect reasonable costs, including legal costs, required to develop and administer the 
114.20 	notification, permit, or license program requirements of this chapter, subchapters I and V 
114.21 	of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules 
114.22 	adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon 
114.23 	an application for a permit; implementing and enforcing statutes, rules, and the terms and 
114.24 	conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally 
114.25 	applicable regulations; responding to federal guidance; modeling, analyses, and 
114.26 	demonstrations; preparing inventories and tracking emissions; and providing information 
114.27 	to the public about these activities.
114.28 	(c) The agency shall set fees that:
114.29 	(1) will result in the collection, in the aggregate, from the sources listed in paragraph 
114.30 	(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant 
114.31 	regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of 
114.32 	the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national 
114.33 	primary ambient air quality standard has been promulgated;
115.1 	(2) may result in the collection, in the aggregate, from the sources listed in paragraph 
115.2 	(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is 
115.3 	regulated under this chapter or air quality rules adopted under this chapter; and
115.4 	(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount 
115.5 	needed to match grant funds received by the state under United States Code, title 42, section 
115.6 	7405 (section 105 of the federal Clean Air Act).
115.7 	The agency must not include in the calculation of the aggregate amount to be collected 
115.8 	under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant 
115.9 	from a source. The increase in air permit fees to match federal grant funds shall be a surcharge 
115.10 	on existing fees. The commissioner may not collect the surcharge after the grant funds 
115.11 	become unavailable. In addition, the commissioner shall use nonfee funds to the extent 
115.12 	practical to match the grant funds so that the fee surcharge is minimized.
115.13 	(d) To cover the reasonable costs described in paragraph (b), the agency shall provide 
115.14 	in the rules promulgated under paragraph (c) for an increase in the fee collected in each 
115.15 	year by the percentage, if any, by which the Consumer Price Index for the most recent 
115.16 	calendar year ending before the beginning of the year the fee is collected exceeds the 
115.17 	Consumer Price Index for the calendar year 1989. For purposes of this paragraph the 
115.18 	Consumer Price Index for any calendar year is the average of the Consumer Price Index for 
115.19 	all-urban consumers published by the United States Department of Labor, as of the close 
115.20 	of the 12-month period ending on August 31 of each calendar year. The revision of the 
115.21 	Consumer Price Index that is most consistent with the Consumer Price Index for calendar 
115.22 	year 1989 shall be used.
115.23 	(e) Any money collected under paragraphs (b) to (d) must be deposited in the 
115.24 	environmental fund and must be used solely for the activities listed in paragraph (b).
115.25 	(f) Permit applicants who wish to construct, reconstruct, or modify a facility project may 
115.26 	offer to reimburse the agency for the reasonable costs of staff time or consultant services
115.27 	needed to expedite the preapplication process and permit development process through the 
115.28 	final decision on the permit, including the analysis of environmental review documents. 
115.29 	The reimbursement shall be in addition to permit application fees imposed by law. When 
115.30 	the agency determines that it needs additional resources to develop the permit application 
115.31 	in an expedited manner, and that expediting the development is consistent with permitting 
115.32 	program priorities, the agency may accept the reimbursement. The commissioner must give 
115.33 	the applicant an estimate of costs to be incurred by the commissioner. The estimate must 
115.34 	include a brief description of the tasks to be performed, a schedule for completing the tasks, 
116.1 	and the estimated cost for each task. The applicant and the commissioner must enter into a 
116.2 	written agreement detailing the estimated costs for the expedited permit decision-making 
116.3 	process to be incurred by the agency and any recourse available to the applicant if the agency 
116.4 	fails to meet the schedule. The agreement must also identify staff anticipated to be assigned 
116.5 	to the project and describe the commissioner's commitment to make assigned staff available 
116.6 	for the project until the permit decision is made. The commissioner must not issue a permit 
116.7 	until the applicant has paid all fees in full. The commissioner must refund any unobligated 
116.8 	balance of fees paid. Reimbursements accepted by the agency are appropriated to the agency 
116.9 	for the purpose of developing the permit or analyzing environmental review documents. 
116.10 	Reimbursement by a permit applicant shall precede and not be contingent upon issuance of 
116.11 	a permit; shall not affect the agency's decision on whether to issue or deny a permit, what 
116.12 	conditions are included in a permit, or the application of state and federal statutes and rules 
116.13 	governing permit determinations; and shall not affect final decisions regarding environmental 
116.14 	review.
116.15 	(g) The fees under this subdivision are exempt from section 16A.1285.

116.16 	Sec. 13. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to 
116.17 	read:
116.18 		Subd. 13.Irrevocability, suspensions, or expiration of permits; environmental 
116.19 	review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to 
116.20 	appropriate money to the commissioner of the Pollution Control Agency for environmental 
116.21 	review and permitting activities of the agency:
116.22 	(1) a permit granted by the commissioner may not be terminated or suspended for the 
116.23 	term of the permit nor shall it expire without the consent of the permittee, except for breach 
116.24 	or nonperformance of any condition of the permit by the permittee that is an imminent threat 
116.25 	to impair or destroy the environment or injure the health, safety, or welfare of the citizens 
116.26 	of the state; and
116.27 	(2) environmental review and permit application work on environmental review and 
116.28 	permits filed before July 1 of that year must not be suspended or terminated.
116.29 	(b) Paragraph (a), clause (1), applies until legislation appropriating money to the 
116.30 	commissioner for the environmental review and permitting activities is enacted.

117.1 	Sec. 14. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to 
117.2 	read:
117.3 		Subd. 14.Unadopted rules. (a) The commissioner of the Pollution Control Agency 
117.4 	must not enforce or attempt to enforce an unadopted rule. For the purposes of this subdivision, 
117.5 	"unadopted rule" means a guideline, bulletin, criterion, manual standard, interpretive 
117.6 	statement, or similar pronouncement, if the guideline, bulletin, criterion, manual standard, 
117.7 	interpretive statement, or similar pronouncement meets the definition of a rule as defined 
117.8 	under section 14.02, subdivision 4, but has not been adopted according to the rulemaking 
117.9 	process provided under chapter 14. If an unadopted rule is challenged under section 14.381, 
117.10 	the commissioner must overcome a presumption against the unadopted rule.
117.11 	(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, 
117.12 	manual standard, interpretive statement, or similar pronouncement into a statute, rule, or 
117.13 	standard, the commissioner must follow the rulemaking process provided under chapter 14 
117.14 	to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive 
117.15 	statement, or similar pronouncement.

117.16 	Sec. 15. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
117.17 		Subd. 2a.When prepared. (a) Where there is potential for significant environmental 
117.18 	effects resulting from any major governmental action, the action shall be preceded by a 
117.19 	detailed environmental impact statement prepared by the responsible governmental unit. 
117.20 	The environmental impact statement shall be an analytical rather than an encyclopedic 
117.21 	document which describes the proposed action in detail, analyzes its significant environmental 
117.22 	impacts, discusses appropriate alternatives to the proposed action and their impacts, and 
117.23 	explores methods by which adverse environmental impacts of an action could be mitigated. 
117.24 	The environmental impact statement shall also analyze those economic, employment, and 
117.25 	sociological effects that cannot be avoided should the action be implemented. To ensure its 
117.26 	use in the decision-making process, the environmental impact statement shall be prepared 
117.27 	as early as practical in the formulation of an action.
117.28 	(a) (b) The board shall by rule establish categories of actions for which environmental 
117.29 	impact statements and for which environmental assessment worksheets shall be prepared 
117.30 	as well as categories of actions for which no environmental review is required under this 
117.31 	section. A mandatory environmental assessment worksheet shall is not be required for the 
117.32 	expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), 
117.33 	or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol 
117.34 	facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded 
118.1 	or converted facility to produce alcohol fuel, but must be required if the ethanol plant or 
118.2 	biobutanol facility meets or exceeds thresholds of other categories of actions for which 
118.3 	environmental assessment worksheets must be prepared. The responsible governmental unit 
118.4 	for an ethanol plant or biobutanol facility project for which an environmental assessment 
118.5 	worksheet is prepared shall be is the state agency with the greatest responsibility for 
118.6 	supervising or approving the project as a whole.
118.7 	(c) A mandatory environmental impact statement shall is not be required for a facility 
118.8 	or plant located outside the seven-county metropolitan area that produces less than 
118.9 	125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less 
118.10 	than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as 
118.11 	defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 
118.12 	in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 
118.13 	only uses a cellulosic feedstock to produce chemical products for use by another facility as 
118.14 	a feedstock shall is not be considered a fuel conversion facility as used in rules adopted 
118.15 	under this chapter.
118.16 	(b) (d) The responsible governmental unit shall promptly publish notice of the completion 
118.17 	of an environmental assessment worksheet by publishing the notice in at least one newspaper 
118.18 	of general circulation in the geographic area where the project is proposed, by posting the 
118.19 	notice on a Web site that has been designated as the official publication site for publication 
118.20 	of proceedings, public notices, and summaries of a political subdivision in which the project 
118.21 	is proposed, or in any other manner determined by the board and shall provide copies of 
118.22 	the environmental assessment worksheet to the board and its member agencies. Comments 
118.23 	on the need for an environmental impact statement may be submitted to the responsible 
118.24 	governmental unit during a 30-day period following publication of the notice that an 
118.25 	environmental assessment worksheet has been completed. The responsible governmental 
118.26 	unit's decision on the need for an environmental impact statement shall be based on the 
118.27 	environmental assessment worksheet and the comments received during the comment period, 
118.28 	and shall be made within 15 days after the close of the comment period. The board's chair 
118.29 	may extend the 15-day period by not more than 15 additional days upon the request of the 
118.30 	responsible governmental unit.
118.31 	(c) (e) An environmental assessment worksheet shall also be prepared for a proposed 
118.32 	action whenever material evidence accompanying a petition by not less than 100 individuals 
118.33 	who reside or own property in the state, submitted before the proposed project has received 
118.34 	final approval by the appropriate governmental units, demonstrates that, because of the 
118.35 	nature or location of a proposed action, there may be potential for significant environmental 
119.1 	effects. Petitions requesting the preparation of an environmental assessment worksheet shall 
119.2 	be submitted to the board. The chair of the board shall determine the appropriate responsible 
119.3 	governmental unit and forward the petition to it. A decision on the need for an environmental 
119.4 	assessment worksheet shall be made by the responsible governmental unit within 15 days 
119.5 	after the petition is received by the responsible governmental unit. The board's chair may 
119.6 	extend the 15-day period by not more than 15 additional days upon request of the responsible 
119.7 	governmental unit.
119.8 	(d) (f) Except in an environmentally sensitive location where Minnesota Rules, part 
119.9 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
119.10 	review under this chapter and rules of the board, if:
119.11 	(1) the proposed action is:
119.12 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
119.13 	(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 
119.14 	of less than 1,000 animal units;
119.15 	(2) the application for the animal feedlot facility includes a written commitment by the 
119.16 	proposer to design, construct, and operate the facility in full compliance with Pollution 
119.17 	Control Agency feedlot rules; and
119.18 	(3) the county board holds a public meeting for citizen input at least ten business days 
119.19 	prior to before the Pollution Control Agency or county issuing a feedlot permit for the 
119.20 	animal feedlot facility unless another public meeting for citizen input has been held with 
119.21 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition 
119.22 	to other exemptions provided under other law and rules of the board.
119.23 	Except in an environmentally sensitive location where Minnesota Rules, part 4410.4300, 
119.24 	subpart 29, item B, applies, a mandatory environmental assessment worksheet is not required 
119.25 	for an animal feedlot facility with a capacity of less than 2,000 animal units or an expansion 
119.26 	of an existing animal feedlot facility with a total cumulative capacity of less than 2,000 
119.27 	animal units.
119.28 	(e) (g) The board may, prior to before final approval of a proposed project, require 
119.29 	preparation of an environmental assessment worksheet by a responsible governmental unit 
119.30 	selected by the board for any action where environmental review under this section has not 
119.31 	been specifically provided for by rule or otherwise initiated.
119.32 	(f) (h) An early and open process shall be utilized to limit the scope of the environmental 
119.33 	impact statement to a discussion of those impacts, which that, because of the nature or 
120.1 	location of the project, have the potential for significant environmental effects. The same 
120.2 	process shall be utilized to determine the form, content, and level of detail of the statement 
120.3 	as well as the alternatives which that are appropriate for consideration in the statement. In 
120.4 	addition, the permits which that will be required for the proposed action shall be identified 
120.5 	during the scoping process. Further, the process shall identify those permits for which 
120.6 	information will be developed concurrently with the environmental impact statement. The 
120.7 	board shall provide in its rules for the expeditious completion of the scoping process. The 
120.8 	determinations reached in the process shall be incorporated into the order requiring the 
120.9 	preparation of an environmental impact statement.
120.10 	(g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication 
120.11 	and ensure coordination between state and federal environmental review and between 
120.12 	environmental review and environmental permitting. Whenever practical, information 
120.13 	needed by a governmental unit for making final decisions on permits or other actions required 
120.14 	for a proposed project shall be developed in conjunction with the preparation of an 
120.15 	environmental impact statement. When an environmental impact statement is prepared for 
120.16 	a project requiring multiple permits for which two or more agencies' decision processes 
120.17 	include either mandatory or discretionary hearings before a hearing officer prior to before
120.18 	the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to 
120.19 	the contrary, conduct the hearings in a single consolidated hearing process if requested by 
120.20 	the proposer. All agencies having jurisdiction over a permit that is included in the 
120.21 	consolidated hearing shall participate. The responsible governmental unit shall establish 
120.22 	appropriate procedures for the consolidated hearing process, including procedures to ensure 
120.23 	that the consolidated hearing process is consistent with the applicable requirements for each 
120.24 	permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest 
120.25 	applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over 
120.26 	a permit identified in the draft environmental impact statement must accept and begin 
120.27 	reviewing any permit application upon publication of the notice of preparation of the 
120.28 	environmental impact statement.
120.29 	(h) (j) An environmental impact statement shall be prepared and its adequacy determined 
120.30 	within 280 days after notice of its preparation unless the time is extended by consent of the 
120.31 	parties or by the governor for good cause. The responsible governmental unit shall determine 
120.32 	the adequacy of an environmental impact statement, unless within 60 days after notice is 
120.33 	published that an environmental impact statement will be prepared, the board chooses to 
120.34 	determine the adequacy of an environmental impact statement. If an environmental impact 
121.1 	statement is found to be inadequate, the responsible governmental unit shall have 60 days 
121.2 	to prepare an adequate environmental impact statement.
121.3 	(i) (k) The proposer of a specific action may include in the information submitted to the 
121.4 	responsible governmental unit a preliminary draft environmental impact statement under 
121.5 	this section on that action for review, modification, and determination of completeness and 
121.6 	adequacy by the responsible governmental unit. A preliminary draft environmental impact 
121.7 	statement prepared by the project proposer and submitted to the responsible governmental 
121.8 	unit shall identify or include as an appendix all studies and other sources of information 
121.9 	used to substantiate the analysis contained in the preliminary draft environmental impact 
121.10 	statement. The responsible governmental unit shall require additional studies, if needed, 
121.11 	and obtain from the project proposer all additional studies and information necessary for 
121.12 	the responsible governmental unit to perform its responsibility to review, modify, and 
121.13 	determine the completeness and adequacy of the environmental impact statement.

121.14 	Sec. 16. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
121.15 		Subd. 10.Review. A person aggrieved by a final decision on the need for an 
121.16 	environmental assessment worksheet, the need for an environmental impact statement, or 
121.17 	the adequacy of an environmental impact statement is entitled to judicial review of the 
121.18 	decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved 
121.19 	person for judicial review under sections 14.63 to 14.68 must be filed with the Court of 
121.20 	Appeals and served on the responsible governmental unit not more than 3045 days after 
121.21 	the party receives the final decision and order of the responsible governmental unit provides 
121.22 	notice of the decision as required by law. Proceedings for review under this section must 
121.23 	be instituted by serving a petition for a writ of certiorari personally or by certified mail upon 
121.24 	the responsible governmental unit and by promptly filing the proof of service in the Office 
121.25 	of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by 
121.26 	the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the 
121.27 	attorney general at the time of service. Copies of the writ must be served, personally or by 
121.28 	certified mail, upon the responsible governmental unit and the project proposer. The filing 
121.29 	of the writ of certiorari does not stay the enforcement of any other governmental action, 
121.30 	provided that the responsible governmental unit may stay enforcement or the Court of 
121.31 	Appeals may order a stay upon terms it deems proper. A bond may be required under section 
121.32 	562.02 unless at the time of hearing on the application for the bond the petitioner-relator 
121.33 	has shown that the claim is likely to succeed on the merits. The board may initiate judicial 
121.34 	review of decisions referred to herein and the board or a project proposer may intervene as 
121.35 	of right in any proceeding brought under this subdivision.

122.1 	Sec. 17. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
122.2 		Subdivision 1.Assessment. The board shall must by rule adopt procedures to:
122.3 	(1) assess the proposer of a specific action for the responsible governmental unit's
122.4 	reasonable costs of preparing, reviewing, and distributing the environmental impact statement. 
122.5 	The costs shall must be determined by the responsible governmental unit pursuant according
122.6 	to the rules promulgated adopted by the board; and
122.7 	(2) authorize a proposer of a specific action to prepare a draft environmental impact 
122.8 	statement for that action for submission to and review, modification, and determination of 
122.9 	completeness and adequacy by the responsible governmental unit.

122.10 	Sec. 18. SUSPENSION OF CERTAIN WATER QUALITY RULES.
 122.11 	Until July 1, 2019, the water quality standards or other water quality rule changes adopted 
122.12 	on or after July 2, 2014, that require a local unit of government to upgrade or update its 
122.13 	wastewater treatment facility or to construct a new wastewater treatment facility, are 
122.14 	suspended. Water quality standards and other water quality rules in effect on July 1, 2014, 
122.15 	are in effect until July 1, 2019. Any actions brought by the commissioner of the Pollution 
122.16 	Control Agency before, or contested cases under Minnesota Statutes, chapter 14, that are 
122.17 	pending on the effective date of this section, to enforce water quality standards or other 
122.18 	water quality rules adopted on or after July 2, 2014, are suspended until July 1, 2019.

122.19 	EFFECTIVE DATE. This section is effective the day following final enactment and 
122.20 	expires July 1, 2019.

APPENDIX 

Repealed Minnesota Statutes: S0723-2 

84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES SERVICES.Subd. 3.Procurement law. 
All contractual and grant agreements under this section shall be processed according to section 16C.05. 

97B.031 USE AND POSSESSION OF FIREARMS.Subd. 5.Scopes; visually impaired hunters. 
(a) Notwithstanding any other law to the contrary, the commissioner may issue a special permit, without a fee, to use a muzzleloader with a scope to take deer during the muzzleloader season to a person who is under age 60, who obtains the required licenses, and who has a visual impairment. The scope may not have magnification capabilities. 

(b) The visual impairment must be to the extent that the applicant is unable to identify targets and the rifle sights at the same time without a scope. The visual impairment and specific conditions must be established by medical evidence verified in writing by (1) a licensed physician or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist; or (3) a licensed optometrist. The commissioner may request additional information from the physician if needed to verify the applicant's eligibility for the permit. 

(c) A permit issued under this subdivision may be valid for up to five years, based on the permanence of the visual impairment as determined by the licensed physician, ophthalmologist, or optometrist. 

(d) The permit must be in the immediate possession of the permittee when hunting under the special permit. 

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under this subdivision for cause, including a violation of the game and fish laws or rules. 

(f) A person who knowingly makes a false application or assists another in making a false application for a permit under this subdivision is guilty of a misdemeanor. A physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or optometrist who fraudulently certifies to the commissioner that a person is visually impaired as described in this subdivision is guilty of a misdemeanor. 

(g) A permit is not required under this subdivision to use an electronic range finder according to section 97B.081, subdivision 3, paragraph (c). 

97C.701 TAKING MUSSELS.Subd. 1a.Handpicking required. 
A person may only harvest mussels by handpicking. 

Subd. 6.Possession, sale, and transportation. 
Mussels and clams may be possessed, bought, sold, and transported in any quantity during the open season and seven days after the season closes. 

97C.705 MUSSEL SEASONS.Subdivision 1.Open seasons. 
(a) The open season for taking mussels is from May 16 to the last day of February. 

(b) The commissioner may by rule restrict the open season for taking mussels for commercial purposes. 

Subd. 2.Closed areas. 
The commissioner may close up to 50 percent of the mussel-producing waters of the state to the taking of mussels. 

97C.711 UNDERSIZED MUSSELS.
A person must return undersized mussels to the water without injury. 

6258.0100SEASON FOR HARVESTING MUSSEL SHELLS FOR PERSONAL USE. 
Live mussels may not be harvested for personal use. During the open season, a person possessing a valid resident or nonresident angling license or a person exempt from licensing may take and possess at any time, for personal use only, not more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may be harvested in waters of the state where fish may be taken by angling. Mussel shells must be harvested by hand picking only and may not be purchased or sold. 

6258.0200SEASON TO COMMERCIALLY HARVEST MUSSELS BY PERMIT. Subpart 1.Open season for commercially harvesting mussels.  
The open season for taking mussels is May 16 through August 31. 

Subp. 2.Allowed times for harvesting.  
Mussels may be harvested from sunrise to sunset only. 

6258.0300COMMERCIAL PERMITS FOR MUSSELS. Subpart 1.Commercial permit required.  
A person may not take, possess, buy, sell, or transport live freshwater mussels or more than 24 whole shells or 48 shell halves of dead freshwater mussels, or assist another person in such taking, without first obtaining a commercial mussel permit from the commissioner. 

Subp. 2.Commercial permit issuance.  
Commercial mussel permits may be issued subject to the criteria in items A to C. 

A.
 Applications must be submitted to the local area or regional fisheries office on forms provided by the commissioner. 

B.
 Approved permits will be issued only to Minnesota residents who possess a valid Minnesota resident angling license or who are exempt from licensing. 

C.
 Application forms must be signed by the applicant. All requested information must be provided. Failure to properly and fully complete an application form will result in its rejection. 

Subp. 3.Commercial permit duration.  
A commercial mussel permit may be issued annually and may be issued for periods shorter than one season, at the discretion of the commissioner. 

Subp. 4.Commercial permit termination to protect resource.  
The commissioner may terminate a commercial mussel permit upon 48 hours' written notice to protect aquatic resources. 

6258.0400SPECIES FOR COMMERCIAL HARVEST. 
Only three ridge (Amblema plicata) mussels may be harvested under a commercial mussel permit. Additional species may be requested for harvest from specific sites by special permit. Three ridge mussels may lawfully be harvested, as live whole mussels or shell halves, provided that they cannot pass through a three-inch diameter hole. 

6258.0500HARVEST SITES FOR PERMITTEES. Subpart 1.Identification of mussel harvest sites.  
Mussel harvest sites must be identified in the application and permit by legal description or in other defining terms as needed to accurately locate the area. 

Subp. 2.Harvesting restricted outside of permitted site.  
The taking of mussels by a permittee from a place outside the permitted harvest site is prohibited. 

Subp. 3.Harvesting prohibited on certain border waters.  
Mussel harvesting is not permitted on the Minnesota-Wisconsin border waters described in part 6266.0500, subpart 1. 

6258.0600HARVEST GEAR FOR PERMITTEES. 
Mussels may be taken only by hand picking with or without aid of breathing apparatus. 

6258.0700PERMITTEE HARVEST OPERATIONS.   Subpart 1.Notice of harvest operations.  
To ensure compliance with permit conditions, the commissioner may require the permittee to inform the local area fisheries office and conservation officer 24 hours in advance of any intended mussel harvest operations. Changes in location or dates may require an additional notification. 

6258.0700PERMITTEE HARVEST OPERATIONS.   Subp. 4.Return of undersized mussels or shells.  
Undersized three ridge mussels or unlawful mussel shells, live or dead, must be returned immediately to the water at the site where taken. 

6258.0700PERMITTEE HARVEST OPERATIONS.   Subp. 5.Restriction on harvesting mussels near dams.  
Harvesting of mussels may not occur within 1,000 feet downstream of a dam. 

6258.0800PERMITTEE REPORTS, RECORDS, AND INSPECTIONS. Subpart 1.Required records.  
A permittee must keep records of each mussel sales transaction. The records must be verifiable with supporting sales slips and include: 

A.
 pounds of mussels sold; 

B.
 name and address of the buyer; and 

C.
 date of transaction. 

Records must be kept current within 48 hours of each transaction. Failure to keep complete and current records may result in immediate revocation of the permit and may render the permittee ineligible for permits for one year. All records must be maintained and available for inspection, at the permittee's address, for three years. 

Subp. 2.Required reports.  
A permittee must submit reports monthly while the permit is valid on forms provided by the commissioner. Reports for the previous month must be submitted by the permittee to the address identified on the form so that they are received by the department by the 15th of each month even if no harvest activity took place. All information requested on the report must be provided. Failure to submit required reports may result in revocation of the existing permit and may render the permittee ineligible for permits for one year. 

Subp. 3.Inspections.  
Records required in this part, business and operation premises, and boats, vehicles, and gear used in the mussel harvesting operations may be inspected at all reasonable times by the commissioner. 

6258.0900SPECIAL RESTRICTIONS ON TAKING MUSSELS. Subpart 1.Restriction on returning processed mussels to the water.  
Meats resulting from the processing of live whole mussels may not be returned to the water or deposited on a shoreline or adjacent land. The meat of mussels lawfully obtained may be used as bait for angling purposes. 

Subp. 2.Restriction on harvest of certain species of mussels.  
The Higgins' eye (Lampsilis higginsi), elephant ear (Elliptio crassidens), ebony shell (Fusconaia ebena), winged mapleleaf (Quadrula fragosa), fat pocketbook (Proptera capax) mussels, or any mussel listed as endangered or threatened in this state may not be harvested or intentionally disturbed. If these species are located within the harvest site, all harvest operations must immediately stop and the permittee or personal use harvester must notify the area fisheries office within 24 hours. 

Subp. 3.Transfer of mussels prohibited.  
Live mussels may not be transferred within or between bodies of water, except under permit issued by the commissioner.