1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 8441.2A bill for an act1.3relating to environment; providing for certain demolition debris landfill permitting.1.4May 21, 20171.5The Honorable Michelle L. Fischbach1.6President of the Senate1.7The Honorable Kurt L. Daudt1.8Speaker of the House of Representatives1.9We, the undersigned conferees for S.F. No. 844 report that we have agreed upon the 1.10items in dispute and recommend as follows:1.11That the House recede from its amendment and that S.F. No. 844 be further amended 1.12as follows:1.13Delete everything after the enacting clause and insert:1.14"ARTICLE 11.15ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

1.16Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

1.17    The sums shown in the columns marked "Appropriations" are appropriated to the agencies
         1.18and for the purposes specified in this article. The appropriations are from the general
         fund, 1.19or another named fund, and are available for the fiscal years indicated for each purpose.
         1.20The figures "2018" and "2019" used in this article mean that the appropriations listed
         under 1.21them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
         1.22"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The
         biennium" 1.23is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30,
         2017, are 1.24effective the day following final enactment.

1.25APPROPRIATIONS1.26Available for the Year2.1Ending June 302.220182019

2.3Sec. 2. POLLUTION CONTROL AGENCY

2.4Subdivision 1.Total Appropriation$101,821,000$100,206,000

2.5Appropriations by Fund2.6201820192.7General6,543,0006,802,0002.82.9State Government Special Revenue75,00075,0002.10Environmental78,984,00079,892,0002.11Remediation13,219,00013,437,0002.122.13Closed Landfill Investment3,000,000-0-

2.14The amounts that may be spent for each 2.15purpose are specified in the following 2.16subdivisions.2.17The commissioner must present the agency's 2.18biennial budget for fiscal years 2020 and 2021 2.19to the legislature in a transparent way by 2.20agency division, including the proposed 2.21budget bill and presentations of the budget to 2.22committees and divisions with jurisdiction 2.23over the agency's budget.

2.24Subd. 2.Environmental Analysis and Outcomes12,577,00012,558,000

2.25Appropriations by Fund2.26201820192.27Environmental12,308,00012,289,0002.28Remediation181,000181,0002.29General88,00088,000

2.30(a) $88,000 the first year and $88,000 the 2.31second  year are from the general fund for:2.32(1) a municipal liaison to assist municipalities 2.33in implementing and participating in the 2.34water-quality standards rulemaking process 3.1and navigating the NPDES/SDS permitting 3.2process;3.3(2) enhanced economic analysis in the 3.4water-quality standards rulemaking process, 3.5including more-specific analysis and 3.6identification of cost-effective permitting;3.7(3) developing statewide economic analyses 3.8and templates to reduce the amount of 3.9information and time required for 3.10municipalities to apply for variances from 3.11water-quality standards; and3.12(4) coordinating with the Public Facilities 3.13Authority to identify and advocate for the  3.14resources needed for municipalities to achieve 3.15permit requirements.3.16(b) $204,000 the first year and $204,000 the 3.17second year are from the environmental fund 3.18for a monitoring program under Minnesota 3.19Statutes, section 116.454.3.20(c) $346,000 the first year and $346,000 the 3.21second year are from the environmental fund 3.22for monitoring ambient air for hazardous 3.23pollutants.3.24(d) $90,000 the first year and $90,000 the 3.25second year are from the environmental fund 3.26for duties related to harmful chemicals in 3.27children's products under Minnesota Statutes, 3.28sections 116.9401 to 116.9407. Of this 3.29amount, $57,000 each year is transferred to 3.30the commissioner of health.3.31(e) $109,000 the first year and $109,000 the 3.32second year are from the environmental fund 3.33for registration of wastewater laboratories.4.1(f) $913,000 the first year and $913,000 the 4.2second year are from the environmental fund 4.3to continue perfluorochemical biomonitoring 4.4in eastern-metropolitan communities, as 4.5recommended by the Environmental Health 4.6Tracking and Biomonitoring Advisory Panel, 4.7and address other environmental health risks, 4.8including air quality. The communities must 4.9include Hmong and other immigrant farming 4.10communities. Of this amount, up to $677,000 4.11the first year and $677,000 the second year 4.12are for transfer to the Department of Health.4.13(g) $100,000 the first year and $50,000 the 4.14second year are from the environmental fund 4.15for impaired waters listing procedures required 4.16under this act.

4.17Subd. 3.Industrial14,079,00014,200,000

4.18Appropriations by Fund4.19201820194.20Environmental13,099,00013,220,0004.21Remediation980,000980,000

4.22$980,000 the first year and $980,000 the 4.23second year are from the remediation fund for 4.24the leaking underground storage tank program 4.25to investigate, clean up, and  prevent future 4.26releases from underground petroleum storage 4.27tanks and to the petroleum remediation 4.28program for vapor assessment and 4.29remediation. These same annual amounts are 4.30transferred from the  petroleum tank fund to 4.31the remediation fund.

4.32Subd. 4.Municipal6,625,0006,624,000

4.33Appropriations by Fund4.34201820194.35General162,000162,0005.1Environmental6,463,0006,462,000

5.2(a) $162,000 the first year and $162,000 the 5.3second  year are from the general fund for:5.4(1) a municipal liaison to assist municipalities 5.5in implementing and participating in the 5.6water-quality standards rulemaking process 5.7and navigating the NPDES/SDS permitting 5.8process;5.9(2) enhanced economic analysis in the 5.10water-quality standards rulemaking process, 5.11including more specific analysis and 5.12identification of cost-effective permitting;5.13(3) development of statewide economic 5.14analyses and templates to reduce the amount 5.15of information and time required for 5.16municipalities to apply for variances from 5.17water quality standards; and5.18(4) coordinating with the Public Facilities 5.19Authority to identify and advocate for the 5.20resources needed for municipalities to achieve 5.21permit requirements.5.22(b) $50,000 the first year and $50,000 the 5.23second year are from the environmental fund 5.24for transfer to the Office of Administrative 5.25Hearings to establish sanitary districts.5.26(c) $615,000 the first year and $614,000 the 5.27second year are from the environmental fund 5.28for subsurface sewage treatment system 5.29(SSTS) program administration and 5.30community technical assistance and education, 5.31including grants and technical assistance to 5.32communities for water-quality protection. Of 5.33this amount, $129,000 each year is for 5.34assistance to counties through grants for SSTS 6.1program administration. A county receiving 6.2a grant from this appropriation must submit 6.3the results achieved with the grant to the 6.4commissioner as part of its annual SSTS 6.5report. Any unexpended balance in the first 6.6year does not cancel but is available in the 6.7second year.6.8(d) $639,000 the first year and $640,000 the 6.9second year are from the environmental fund 6.10to address the need for continued increased 6.11activity in the areas of new technology review, 6.12technical assistance for local governments, 6.13and enforcement under Minnesota Statutes, 6.14sections 115.55 to 115.58, and to complete the 6.15requirements of Laws 2003, chapter 128, 6.16article 1, section 165.6.17(e) Notwithstanding Minnesota Statutes, 6.18section 16A.28, the appropriations 6.19encumbered on or before June 30, 2019, as 6.20grants or contracts for subsurface sewage 6.21treatment systems, surface water and 6.22groundwater assessments, storm water, and 6.23water-quality protection in this subdivision 6.24are available until June 30, 2022.

6.25Subd. 5.Operations9,769,00011,052,000

6.26Appropriations by Fund6.27201820196.28Environmental6,349,0007,154,0006.29Remediation1,074,0001,293,0006.30General2,346,0002,605,000

6.31(a) $174,000 the first year and $174,000 the 6.32second year are from the remediation fund for 6.33purposes of the leaking underground storage 6.34tank program to investigate, clean up, and 6.35prevent future releases from underground 7.1petroleum storage tanks, and to the petroleum 7.2remediation program for vapor assessment 7.3and remediation. These same annual amounts 7.4are transferred from the  petroleum tank fund 7.5to the remediation fund.7.6(b) $400,000 the first year and $400,000 the 7.7second  year are from the environmental fund 7.8to develop and maintain systems to support 7.9permitting and regulatory business processes 7.10and agency data. This is a onetime 7.11appropriation.7.12(c) $300,000 the first year is from the 7.13environmental fund for a grant to the 7.14Metropolitan Council under Minnesota 7.15Statutes, section 116.195, for wastewater 7.16infrastructure to support waste to biofuel 7.17development. This is a onetime appropriation 7.18and is available until June 30, 2019.7.19(d) $2,346,000 the first year and $2,605,000 7.20the second year are from the general fund for 7.21agency operating adjustments. The 7.22commissioner shall make necessary 7.23adjustments to program appropriations in this 7.24article to distribute these funds. The 7.25commissioner may transfer an amount of this 7.26appropriation to the remediation fund. By 7.27September 1, 2017, the commissioner shall 7.28report to the chairs of the legislative 7.29committees with jurisdiction over environment 7.30and natural resources finance the distribution 7.31of funds and resulting base-level 7.32appropriations for each program.7.33(e) $1,774,000 the first year and $2,879,000 7.34the second year are from the environmental 7.35fund for agency operating adjustments. The 8.1commissioner shall make necessary 8.2adjustments to program appropriations in this 8.3article to distribute these funds. By September 8.41, 2017, the commissioner shall report to the 8.5chairs of the legislative committees with 8.6jurisdiction over environment and natural 8.7resources finance the distribution of funds and 8.8resulting base-level appropriations for each 8.9program.8.10(f) $310,000 the first year and $528,000 the 8.11second year are from the remediation fund for 8.12agency operating adjustments. The 8.13commissioner shall make necessary 8.14adjustments to program appropriations in this 8.15article to distribute these funds. By September 8.161, 2017, the commissioner shall report to the 8.17chairs of the legislative committees with 8.18jurisdiction over environment and natural 8.19resources finance the distribution of funds and 8.20resulting base-level appropriations for each 8.21program. If any amount under this paragraph 8.22is allocated for the leaking underground 8.23storage-tank program, the same amount is 8.24transferred from the petroleum tank fund to 8.25the remediation fund.

8.26Subd. 6.Remediation14,670,00011,669,000

8.27Appropriations by Fund8.28201820198.29Environmental688,000688,0008.30Remediation10,766,00010,765,0008.318.32Closed Landfill Investment3,000,000-0-8.33General216,000216,000

8.34(a) All money for environmental response, 8.35compensation, and compliance in the 8.36remediation fund not otherwise appropriated 9.1is appropriated to the commissioners of the 9.2Pollution Control Agency and agriculture for 9.3purposes of Minnesota Statutes, section 9.4115B.20, subdivision 2, clauses (1), (2), (3), 9.5(6), and (7). At the beginning of each fiscal 9.6year, the two commissioners shall jointly 9.7submit an annual spending plan to the 9.8commissioner of management and budget that 9.9maximizes the use of resources and 9.10appropriately allocates the money between the 9.11two departments. This appropriation is 9.12available until June 30, 2019.9.13(b) $216,000 the first year and $216,000 the 9.14second year are from the general fund and 9.15$216,000 the first year and $216,000 the 9.16second year are from the environmental fund 9.17to manage contaminated sediment projects at 9.18multiple sites identified in the St. Louis River 9.19remedial action plan to restore water quality 9.20in the St. Louis River area of concern. This 9.21amount is added to the base for fiscal year 9.222020 only.9.23(c) $3,871,000 the first year and $3,870,000 9.24the second year are from the remediation fund 9.25for purposes of the leaking underground 9.26storage tank program to investigate, clean up, 9.27and prevent future releases from underground 9.28petroleum storage tanks, and to the petroleum 9.29remediation program for purposes of vapor 9.30assessment and remediation. These same 9.31annual amounts are transferred from the 9.32petroleum tank fund to the remediation fund.9.33(d) $252,000 the first year and $252,000 the 9.34second year are from the remediation fund for 9.35transfer to the commissioner of health for 10.1private water-supply monitoring and health 10.2assessment costs in areas contaminated by 10.3unpermitted mixed municipal solid waste 10.4disposal facilities and drinking water 10.5advisories and public information activities 10.6for areas contaminated by hazardous releases.10.7(e) Notwithstanding Minnesota Statutes, 10.8section 115B.421, $3,000,000 the first year is 10.9from the closed landfill investment fund for 10.10settling obligations with the federal 10.11government, remedial investigations, 10.12feasibility studies, engineering, and 10.13cleanup-related activities for purposes of 10.14environmental response actions at a priority 10.15qualified facility under Minnesota Statutes, 10.16sections 115B.406 and 115B.407. By January 10.1715, 2018, the commissioner must submit a 10.18status report to the chairs and ranking minority 10.19members of the house of representatives and 10.20senate committees and divisions with 10.21jurisdiction over the environment and natural 10.22resources. This is a onetime appropriation and 10.23is available until June 30, 2019.

10.24Subd. 7.Resource Management and Assistance33,617,00033,619,000

10.25Appropriations by Fund10.262018201910.27General700,000700,00010.2810.29State Government Special Revenue75,00075,00010.30Environmental32,842,00032,844,000

10.31(a) Up to $150,000 the first year and $150,000 10.32the second year may be transferred from the  10.33environmental fund to the small business 10.34environmental improvement loan account 10.35established in Minnesota Statutes, section 10.36116.993.11.1(b) $1,000,000 the first year and $1,000,000 11.2the second year are for competitive recycling 11.3grants under Minnesota Statutes, section 11.4115A.565. Of this amount $700,000 each year 11.5is from the general fund, and $300,000 each 11.6year is from the environmental fund. This 11.7appropriation is available until June 30, 2021. 11.8Any unencumbered grant and loan balances 11.9in the first year do not cancel but are available 11.10for grants and loans in the second year.11.11(c) $693,000 the first year and $693,000 the 11.12second year are from the environmental fund 11.13for emission reduction activities and grants to 11.14small businesses and other nonpoint emission 11.15reduction efforts. Of this amount, $100,000 11.16the first year and $100,000 the second year 11.17are to continue work with Clean Air 11.18Minnesota, and the commissioner may enter 11.19into an agreement with Environmental 11.20Initiative to support this effort. Any 11.21unencumbered grant and loan balances in the 11.22first year do not cancel but are available for 11.23grants and loans in the second year.11.24(d) $17,250,000 the first year and $17,250,000 11.25the second year are from the environmental 11.26fund for SCORE block grants to counties.11.27(e) $119,000 the first year and $119,000 the 11.28second year are from the environmental fund 11.29for environmental assistance grants or loans 11.30under Minnesota Statutes, section 115A.0716. 11.31Any unencumbered grant and loan balances 11.32in the first year do not cancel but are available 11.33for grants and loans in the second year.11.34(f) $68,000 the first year and $69,000 the 11.35second year are from the environmental fund 12.1for subsurface sewage treatment system 12.2(SSTS) program administration and 12.3community technical assistance and education, 12.4including grants and technical assistance to 12.5communities for water-quality protection.12.6(g) $125,000 the first year and $126,000 the 12.7second year are from the environmental fund 12.8to address the need for continued increased 12.9activity in the areas of new technology review, 12.10technical assistance for local governments, 12.11and enforcement under Minnesota Statutes, 12.12sections 115.55 to 115.58, and to complete the 12.13requirements of Laws 2003, chapter 128, 12.14article 1, section 165.12.15(h) All money deposited in the environmental 12.16fund for the metropolitan solid waste landfill 12.17fee in accordance with Minnesota Statutes, 12.18section 473.843, and not otherwise 12.19appropriated, is appropriated for the purposes 12.20of Minnesota Statutes, section 473.844.12.21(i) Notwithstanding Minnesota Statutes, 12.22section 16A.28, the appropriations 12.23encumbered on or before June 30, 2019, as 12.24contracts or grants for environmental 12.25assistance awarded under Minnesota Statutes, 12.26section 115A.0716; technical and research 12.27assistance under Minnesota Statutes, section 12.28115A.152; technical assistance under 12.29Minnesota Statutes, section 115A.52; and 12.30pollution prevention assistance under 12.31Minnesota Statutes, section 115D.04, are 12.32available until June 30, 2021.

12.33Subd. 8.Watershed9,220,0009,220,000

12.34Appropriations by Fund12.352018201913.1Environmental7,043,0007,043,00013.2Remediation218,000218,00013.3General1,959,0001,959,000

13.4(a) $1,959,000 the first year and $1,959,000 13.5the second year are from the general fund for 13.6grants to delegated counties to administer the 13.7county feedlot program under Minnesota 13.8Statutes, section 116.0711, subdivisions 2 and 13.93. Money remaining after the first year is 13.10available for the second year.13.11(b) $207,000 the first year and $207,000 the 13.12second year are from the environmental fund 13.13for the costs of implementing general 13.14operating permits for feedlots over 1,000 13.15animal units.13.16(c) $118,000 the first year and $118,000 the 13.17second year are from the remediation fund for 13.18purposes of the leaking underground storage 13.19tank program to investigate, clean up, and 13.20prevent future releases from underground  13.21petroleum storage tanks, and to the petroleum 13.22remediation program for vapor assessment 13.23and remediation. These same annual amounts 13.24are transferred from the petroleum tank fund 13.25to the remediation fund.

13.26Subd. 9.Environmental Quality Board1,264,0001,264,000

13.27Appropriations by Fund13.282018201913.29General1,072,0001,072,00013.30Environmental192,000192,000

13.31Subd. 10.Transfers

13.32The commissioner shall transfer up to 13.33$44,000,000 from the environmental fund to 13.34the remediation fund for the purposes of the 14.1remediation fund under Minnesota Statutes, 14.2section 116.155, subdivision 2.

14.3Sec. 3. NATURAL RESOURCES

14.4Subdivision 1.Total Appropriation$283,249,000$286,475,000

14.5Appropriations by Fund14.62018201914.7General86,508,00084,699,00014.8Natural Resources94,744,00097,773,00014.9Game and Fish101,689,000103,688,00014.10Remediation102,000103,00014.11Permanent School206,000212,000

14.12The amounts that may be spent for each 14.13purpose are specified in the following 14.14subdivisions.

14.1514.16Subd. 2.Land and Mineral Resources Management5,652,0005,658,000

14.17Appropriations by Fund14.182018201914.19General1,710,0001,710,00014.20Natural Resources3,392,0003,392,00014.21Game and Fish344,000344,00014.22Permanent School206,000212,000

14.23(a) $319,000 the first year and $319,000 the 14.24second year are for environmental research 14.25relating to mine permitting, of which $200,000 14.26each year is from the minerals management 14.27account and $119,000 each year is from the 14.28general fund.14.29(b) $2,815,000 the first year and $2,815,000 14.30the second year are from the minerals 14.31management account in the natural resources 14.32fund for use as provided in Minnesota Statutes, 14.33section 93.2236, paragraph (c), for mineral 14.34resource management, projects to enhance 15.1future mineral income, and projects to promote 15.2new mineral resource opportunities.15.3(c) $206,000 the first year and $212,000 the 15.4second year are from the state forest suspense 15.5account in the permanent school fund to secure 15.6maximum long-term economic return from 15.7the school trust lands consistent with fiduciary 15.8responsibilities and sound natural resources 15.9conservation and management principles.15.10(d) $125,000 the first year and $125,000 the 15.11second year are for conservation easement 15.12stewardship.

15.13Subd. 3.Ecological and Water Resources32,740,00032,629,000

15.14Appropriations by Fund15.152018201915.16General17,213,00017,046,00015.17Natural Resources10,576,00010,576,00015.18Game and Fish4,951,0005,007,000

15.19(a) $3,242,000 the first year and $3,242,000 15.20the second year are from the invasive species 15.21account in the natural resources fund and 15.22$3,206,000 the first year and $3,206,000 the 15.23second year are from the general fund for 15.24management, public awareness, assessment 15.25and monitoring research, and water access 15.26inspection to prevent the spread of invasive 15.27species; management of invasive plants in 15.28public waters; and management of terrestrial 15.29invasive species on state-administered lands.15.30(b) $5,000,000 the first year and $5,000,000 15.31the second year are from the water 15.32management account in the natural resources 15.33fund for only the purposes specified in 15.34Minnesota Statutes, section 103G.27, 15.35subdivision 2.16.1(c) $124,000 the first year and $124,000 the 16.2second year are for a grant to the Mississippi 16.3Headwaters Board for up to 50 percent of the 16.4cost of implementing the comprehensive plan 16.5for the upper Mississippi within areas under 16.6the board's jurisdiction.16.7(d) $10,000 the first year and $10,000 the 16.8second year are for payment to the Leech Lake 16.9Band of Chippewa Indians to implement the 16.10band's portion of the comprehensive plan for 16.11the upper Mississippi.16.12(e) $264,000 the first year and $264,000 the 16.13second year are for grants for up to 50 percent 16.14of the cost of implementation of the Red River 16.15mediation agreement.16.16(f) $2,078,000 the first year and $2,134,000 16.17the second year are from the heritage 16.18enhancement account in the game and fish 16.19fund for only the purposes specified in 16.20Minnesota Statutes, section 297A.94, 16.21paragraph (e), clause (1).16.22(g) $950,000 the first year and $950,000 the 16.23second year are from the nongame wildlife 16.24management account in the natural resources 16.25fund for the purpose of nongame wildlife 16.26management. Notwithstanding Minnesota 16.27Statutes, section 290.431, $100,000 the first 16.28year and $100,000 the second year may be 16.29used for nongame wildlife information, 16.30education, and promotion.16.31(h) Notwithstanding Minnesota Statutes, 16.32section 84.943, $13,000 the first year and 16.33$13,000 the second year from the critical 16.34habitat private sector matching account may 17.1be used to publicize the critical habitat license 17.2plate match program.17.3(i) $6,000,000 the first year and $6,000,000 17.4the second year are from the general fund for 17.5the following activities:17.6(1) financial reimbursement and technical 17.7support to soil and water conservation districts 17.8or other local units of government for 17.9groundwater level monitoring;17.10(2) surface water monitoring and analysis, 17.11including installation of monitoring gauges;17.12(3) groundwater analysis to assist with water 17.13appropriation permitting decisions;17.14(4) permit application review incorporating 17.15surface water and groundwater technical 17.16analysis;17.17(5) precipitation data and analysis to improve 17.18the use of irrigation;17.19(6) information technology, including 17.20electronic permitting and integrated data 17.21systems; and17.22(7) compliance and monitoring.17.23(j) $167,000 the first year is for a grant to the 17.24Koronis Lake Association for purposes of 17.25removing and preventing aquatic invasive 17.26species. This is a onetime appropriation and 17.27is available until June 30, 2022.17.28(k) $410,000 the first year and $410,000 the 17.29second year are from the heritage enhancement 17.30account in the game and fish fund for grants 17.31to the Minnesota Aquatic Invasive Species 17.32Research Center at the University of 17.33Minnesota to prioritize, support, and develop 18.1research-based solutions that can reduce the 18.2effects of aquatic invasive species in 18.3Minnesota by preventing spread, controlling 18.4populations, and managing ecosystems and to 18.5advance knowledge to inspire action by others.

18.6Subd. 4.Forest Management47,185,00045,981,000

18.7Appropriations by Fund18.82018201918.9General31,719,00030,481,00018.10Natural Resources14,144,00014,144,00018.11Game and Fish1,322,0001,356,000

18.12(a) $7,145,000 the first year and $7,145,000 18.13the second year are for prevention, 18.14presuppression, and suppression costs of 18.15emergency firefighting and other costs 18.16incurred under Minnesota Statutes, section 18.1788.12. The amount necessary to pay for 18.18presuppression and suppression costs during 18.19the biennium is appropriated from the general 18.20fund. By January 15 of each year, the 18.21commissioner of natural resources shall submit 18.22a report to the chairs and ranking minority 18.23members of the house and senate committees 18.24and divisions having jurisdiction over 18.25environment and natural resources finance, 18.26identifying all firefighting costs incurred and 18.27reimbursements received in the prior fiscal 18.28year. These appropriations may not be 18.29transferred. Any reimbursement of firefighting 18.30expenditures made to the commissioner from 18.31any source other than federal mobilizations 18.32must be deposited into the general fund.18.33(b) $11,644,000 the first year and $11,644,000 18.34the second year are from the forest 18.35management investment account in the natural 19.1resources fund for only the purposes specified 19.2in Minnesota Statutes, section 89.039, 19.3subdivision 2.19.4(c) $1,322,000 the first year and $1,356,000 19.5the second year are from the heritage 19.6enhancement account in the game and fish 19.7fund to advance ecological classification 19.8systems (ECS) scientific management tools 19.9for forest and invasive species management.19.10(d) $780,000 the first year and $780,000 the 19.11second year are for the Forest Resources 19.12Council to implement the Sustainable Forest 19.13Resources Act.19.14(e) $500,000 the first year is from the general 19.15fund for a study of the ability to sustainably 19.16harvest at least 1,000,000 cords of wood 19.17annually on state-administered forest lands. 19.18No later than March 1, 2018, the commissioner 19.19must report the study's findings to the 19.20legislative committees with jurisdiction over 19.21environment and natural resources policy and 19.22finance. This is a onetime appropriation.19.23(f) $2,000,000 the first year and $2,000,000 19.24the second year are from the forest 19.25management investment account in the natural 19.26resources fund for state forest reforestation. 19.27The base from the forest management 19.28investment account in the natural resources 19.29fund for fiscal year 2020 and later is 19.30$1,250,000.19.31(g) $1,869,000 the first year and $1,131,000 19.32the second year are from the general fund for 19.33the Next Generation Core Forestry data 20.1system. The appropriation is available until 20.2June 30, 2021.20.3(h) $500,000 the first year and $500,000 the 20.4second year are from the forest management 20.5investment account in the natural resources 20.6fund for forest road maintenance on state 20.7forest roads.20.8(i) $500,000 the first year and $500,000 the 20.9second year are from the general fund for 20.10forest road maintenance on county forest 20.11roads.20.12(j) $500,000 the first year and $500,000 the 20.13second year are from the general fund for 20.14additional private forest management.20.15(k) The base for the natural resources fund in 20.16fiscal year 2020 and later is $13,394,000.

20.17Subd. 5.Parks and Trails Management79,830,00081,100,000

20.18Appropriations by Fund20.192018201920.20General25,057,00024,927,00020.21Natural Resources52,500,00053,900,00020.22Game and Fish2,273,0002,273,000

20.23(a) $1,075,000 the first year and $1,075,000 20.24the second year are from the water recreation 20.25account in the natural resources fund for 20.26enhancing and maintaining public 20.27water-access facilities.20.28(b) $5,740,000 the first year and $5,740,000 20.29the second year are from the natural resources 20.30fund for state trail, park, and recreation area 20.31operations. This appropriation is from the 20.32revenue deposited in the natural resources fund 20.33under Minnesota Statutes, section 297A.94, 20.34paragraph (e), clause (2).21.1(c) $17,350,000 the first year and $17,750,000 21.2the second year are from the state parks 21.3account in the natural resources fund for state 21.4park and state recreation area operation and 21.5maintenance.21.6(d) $1,005,000 the first year and $1,005,000 21.7the second year are from the natural resources 21.8fund for park and trail grants to local units of 21.9government on land to be maintained for at 21.10least 20 years for the purposes of the grants. 21.11This appropriation is from the revenue 21.12deposited in the natural resources fund under 21.13Minnesota Statutes, section 297A.94, 21.14paragraph (e), clause (4). Any unencumbered 21.15balance does not cancel at the end of the first 21.16year and is available for the second year.21.17(e) $130,000 the first year is from the general 21.18fund, and $8,424,000 the first year and 21.19$9,624,000 the second year are from the 21.20snowmobile trails and enforcement account 21.21in the natural resources fund for the 21.22snowmobile grants-in-aid program. Any 21.23unencumbered balance does not cancel at the 21.24end of the first year and is available for the 21.25second year.21.26(f) $1,835,000 the first year and $1,835,000 21.27the second year are from the natural resources 21.28fund for the off-highway vehicle grants-in-aid 21.29program. Of this amount, $1,360,000 the first 21.30year and $1,360,000 the second year are from 21.31the all-terrain vehicle account; $150,000 each 21.32year is from the off-highway motorcycle 21.33account; and $325,000 each year is from the 21.34off-road vehicle account. Any unencumbered 22.1balance does not cancel at the end of the first 22.2year and is available for the second year.22.3(g) $75,000 the first year and $75,000 the 22.4second year are from the cross-country ski 22.5account in the natural resources fund for 22.6grooming and maintaining cross-country ski 22.7trails in state parks, trails, and recreation areas.22.8(h) $250,000 the first year and $250,000 the 22.9second year are from the state land and water 22.10conservation account in the natural resources 22.11fund for priorities established by the 22.12commissioner for eligible state projects and 22.13administrative and planning activities 22.14consistent with Minnesota Statutes, section 22.1584.0264, and the federal Land and Water 22.16Conservation Fund Act. Any unencumbered 22.17balance does not cancel at the end of the first 22.18year and is available for the second year.22.19(i) $150,000 the first year is from the 22.20all-terrain vehicle account in the natural 22.21resources fund for a grant to the city of Orr to 22.22predesign, design, and construct the Voyageur 22.23all-terrain vehicle trail system, including:22.24(1) design of the alignment for phase I of the 22.25Voyageur all-terrain vehicle trail system and 22.26development of a preliminary phase II 22.27alignment;22.28(2) completion of wetland delineation and 22.29wetland permitting;22.30(3) completion of the engineering design and 22.31cost estimates for a snowmobile and 22.32off-highway vehicle bridge over the Vermilion 22.33River to establish a trail connection; and23.1(4) completion of the master plan for the 23.2Voyageur all-terrain vehicle trail system.23.3This is a onetime appropriation and is 23.4available until June 30, 2020.23.5(j) $250,000 the first year and $250,000 the 23.6second year are from the general fund for 23.7matching grants for local parks and outdoor 23.8recreation areas under Minnesota Statutes, 23.9section 85.019, subdivision 2.23.10(k) $250,000 the first year and $250,000 the 23.11second year are from the general fund for 23.12matching grants for local trail connections 23.13under Minnesota Statutes, section 85.019, 23.14subdivision 4c.23.15(l) $50,000 the first year is from the all-terrain 23.16vehicle account in the natural resources fund 23.17for a grant to the city of Virginia to assist the 23.18Virginia Area All-Terrain Vehicle Club to 23.19plan, design, engineer, and permit a 23.20comprehensive all-terrain vehicle system in 23.21the Virginia area and to connect with the Iron 23.22Range Off-Highway Vehicle Recreation Area. 23.23This is a onetime appropriation and is 23.24available until June 30, 2020.

23.25Subd. 6.Fish and Wildlife Management68,207,00067,750,000

23.26Appropriations by Fund23.272018201923.28Natural Resources1,912,0001,912,00023.29Game and Fish66,295,00065,838,000

23.30(a) $8,283,000 the first year and $8,386,000 23.31the second year are from the heritage 23.32enhancement account in the game and fish 23.33fund only for activities specified in Minnesota 23.34Statutes, section 297A.94, paragraph (e), 24.1clause (1). Notwithstanding Minnesota 24.2Statutes, section 297A.94, five percent of this 24.3appropriation may be used for expanding 24.4hunter and angler recruitment and retention.24.5(b) Notwithstanding Minnesota Statutes, 24.6section 297A.94, $30,000 the first year is from 24.7the heritage enhancement account in the game 24.8and fish fund for the commissioner of natural 24.9resources to contract with a private entity to 24.10search for a site to construct a world-class 24.11shooting range and club house for use by the 24.12Minnesota State High School League and for 24.13other regional, statewide, national, and 24.14international shooting events. The 24.15commissioner must provide public notice of 24.16the search, including making the public aware 24.17of the process through the Department of 24.18Natural Resources' media outlets, and solicit 24.19input on the location and building options for 24.20the facility. The siting search process must 24.21include a public process to determine if any 24.22business or individual is interested in donating 24.23land for the facility, anticipated to be at least 24.24500 acres. The site search team must meet 24.25with interested third parties affected by or 24.26interested in the facility. The commissioner 24.27must submit a report with the results of the 24.28site search to the chairs and ranking minority 24.29members of the legislative committees and 24.30divisions with jurisdiction over environment 24.31and natural resources by March 1, 2018. This 24.32is a onetime appropriation.24.33(c) Notwithstanding Minnesota Statutes, 24.34section 297A.94, $30,000 the first year is from 24.35the heritage enhancement account in the game 25.1and fish fund for a study of lead shot 25.2deposition on state lands. By March 1, 2018, 25.3the commissioner shall provide a report of the 25.4study to the chairs and ranking minority 25.5members of the legislative committees with 25.6jurisdiction over natural resources policy and 25.7finance. This is a onetime appropriation.25.8(d) Notwithstanding Minnesota Statutes, 25.9section 297A.94, $500,000 the first year is 25.10from the heritage enhancement account in the 25.11game and fish fund for planning and 25.12emergency response to disease outbreaks in 25.13wildlife. This is a onetime appropriation and 25.14is available until June 30, 2019.

25.15Subd. 7.Enforcement40,879,00040,880,000

25.16Appropriations by Fund25.172018201925.18General6,640,0006,640,00025.19Natural Resources10,309,00010,309,00025.20Game and Fish23,828,00023,828,00025.21Remediation102,000103,000

25.22(a) $1,718,000 the first year and $1,718,000 25.23the second year are from the general fund for 25.24enforcement efforts to prevent the spread of 25.25aquatic invasive species.25.26(b) $1,580,000 the first year and $1,580,000 25.27the second year are from the heritage 25.28enhancement account in the game and fish 25.29fund for only the purposes specified in 25.30Minnesota Statutes, section 297A.94, 25.31paragraph (e), clause (1).25.32(c) $1,082,000 the first year and $1,082,000 25.33the second year are from the water recreation 25.34account in the natural resources fund for grants 25.35to counties for boat and water safety. Any 26.1unencumbered balance does not cancel at the 26.2end of the first year and is available for the 26.3second year.26.4(d) $315,000 the first year and $315,000 the 26.5second year are from the snowmobile trails 26.6and enforcement account in the natural 26.7resources fund for grants to local law 26.8enforcement agencies for snowmobile 26.9enforcement activities. Any unencumbered 26.10balance does not cancel at the end of the first 26.11year and is available for the second year.26.12(e) $250,000 the first year and $250,000 the 26.13second year are from the all-terrain vehicle 26.14account for grants to qualifying organizations 26.15to assist in safety and environmental education 26.16and monitoring trails on public lands under 26.17Minnesota Statutes, section 84.9011. Grants 26.18issued under this paragraph must be issued 26.19through a formal agreement with the 26.20organization. By December 15 each year, an 26.21organization receiving a grant under this 26.22paragraph shall report to the commissioner 26.23with details on expenditures and outcomes 26.24from the grant. Of this appropriation, $25,000 26.25each year is for administration of these grants. 26.26Any unencumbered balance does not cancel 26.27at the end of the first year and is available for 26.28the second year.26.29(f) $510,000 the first year and $510,000 the 26.30second year are from the natural resources 26.31fund for grants to county law enforcement 26.32agencies for off-highway vehicle enforcement 26.33and public education activities based on 26.34off-highway vehicle use in the county. Of this 26.35amount, $498,000 each year is from the 27.1all-terrain vehicle account; $11,000 each year 27.2is from the off-highway motorcycle account; 27.3and $1,000 each year is from the off-road 27.4vehicle account. The county enforcement 27.5agencies may use money received under this 27.6appropriation to make grants to other local 27.7enforcement agencies within the county that 27.8have a high concentration of off-highway 27.9vehicle use. Of this appropriation, $25,000 27.10each year is for administration of these grants. 27.11Any unencumbered balance does not cancel 27.12at the end of the first year and is available for 27.13the second year.27.14(g) $1,000,000 each year is for recruiting, 27.15training, and maintaining additional 27.16conservation officers.27.17(h) The commissioner may hold a conservation 27.18officer academy if necessary.

27.19Subd. 8.Operations Support8,436,00012,157,000

27.20Appropriations by Fund27.212018201927.22General4,169,0003,895,00027.23Natural Resources1,591,0003,220,00027.24Game and Fish2,676,0005,042,000

27.25(a) $1,965,000 the first year is available for 27.26legal costs. Of this amount, up to $500,000 27.27may be transferred to the Minnesota Pollution 27.28Control Agency. This is a onetime 27.29appropriation and is available until June 30, 27.302021.27.31(b) $2,204,000 the first year and $3,895,000 27.32the second year are from the general fund for 27.33agency operating adjustments. The 27.34commissioner shall make necessary 27.35adjustments to program appropriations in this 28.1article to distribute these funds. By September 28.21, 2017, the commissioner shall report to the 28.3chairs of the legislative committees with 28.4jurisdiction over environment and natural 28.5resources finance the distribution of funds and 28.6resulting base-level appropriations for each 28.7program.28.8(c) $2,676,000 the first year and $5,042,000 28.9the second year are from the game and fish 28.10fund for agency operating adjustments. The 28.11commissioner shall make necessary 28.12adjustments to program appropriations in this 28.13article to distribute these funds. By September 28.141, 2017, the commissioner shall report to the 28.15chairs of the legislative committees with 28.16jurisdiction over environment and natural 28.17resources finance the distribution of funds and 28.18resulting base-level appropriations for each 28.19program.28.20(d) $1,591,000 the first year and $3,220,000 28.21the second year are from the natural resources 28.22fund for agency operating adjustments. The 28.23commissioner shall make necessary 28.24adjustments to program appropriations in this 28.25article to distribute these funds. By September 28.261, 2017, the commissioner shall report to the 28.27chairs of the legislative committees with 28.28jurisdiction over environment and natural 28.29resources finance the distribution of funds and 28.30resulting base-level appropriations for each 28.31program.

28.32Subd. 9.Pass Through Funds320,000320,000

28.33Appropriations by Fund28.342018201928.35Natural Resources320,000320,000

29.1$320,000 the first year and $320,000 the 29.2second year are from the natural resources 29.3fund for grants to be divided equally between 29.4the city of St. Paul for the Como Park Zoo and 29.5Conservatory and the city of Duluth for the 29.6Duluth Zoo. This appropriation is from the 29.7revenue deposited to the natural resources fund 29.8under Minnesota Statutes, section 297A.94, 29.9paragraph (e), clause (5).

29.10Subd. 10.Cancellation

29.11The remaining amount of the general fund 29.12appropriation in Laws 2016, chapter 189, 29.13article 3, section 3, subdivision 3, for a grant 29.14to the Koronis Lake Association, estimated to 29.15be $167,000, is canceled on June 30, 2017.29.16This subdivision is effective the day following 29.17final enactment.

29.1829.19Sec. 4. BOARD OF WATER AND SOIL RESOURCES$14,311,000$14,164,000

29.20(a) $3,423,000 the first year and $3,423,000 29.21the second year are for natural resources block 29.22grants to local governments. Grants must be 29.23matched with a combination of local cash or 29.24in-kind contributions. The base grant portion 29.25related to water planning must be matched by 29.26an amount as specified by Minnesota Statutes, 29.27section 103B.3369. The board may reduce the 29.28amount of the natural resources block grant 29.29to a county by an amount equal to any 29.30reduction in the county's general services 29.31allocation to a soil and water conservation 29.32district from the county's previous year 29.33allocation when the board determines that the 29.34reduction was disproportionate.30.1(b) $3,116,000 the first year and $3,116,000 30.2the second year are for grants to soil and water 30.3conservation districts for the purposes of 30.4Minnesota Statutes, sections 103C.321 and 30.5103C.331, and for general purposes, nonpoint 30.6engineering, and implementation and 30.7stewardship of the reinvest in Minnesota 30.8reserve program. Expenditures may be made 30.9from these appropriations for supplies and 30.10services benefiting soil and water conservation 30.11districts. Any district receiving a payment 30.12under this paragraph shall maintain a Web 30.13page that publishes, at a minimum, its annual 30.14report, annual audit, annual budget, and 30.15meeting notices.30.16(c) $260,000 the first year and $260,000 the 30.17second year are for feedlot water quality cost 30.18share grants for feedlots under 300 animal 30.19units and nutrient and manure management 30.20projects in watersheds where there are 30.21impaired waters.30.22(d) $1,200,000 the first year and $1,200,000 30.23the second year are for soil and water 30.24conservation district cost-sharing contracts for 30.25perennially vegetated riparian buffers, erosion 30.26control, water retention and treatment, and 30.27other high-priority conservation practices.30.28(e) $100,000 the first year and $100,000 the 30.29second year are for county cooperative weed 30.30management cost-share programs and to 30.31restore native plants in selected invasive 30.32species management sites.30.33(f) $761,000 the first year and $761,000 the 30.34second year are for implementation, 30.35enforcement, and oversight of the Wetland 31.1Conservation Act, including administration of 31.2the wetland banking program and in-lieu fee 31.3mechanism.31.4(g) $300,000 the first year is for improving 31.5the efficiency and effectiveness of Minnesota's 31.6wetland regulatory programs through 31.7continued examination of United States Clean 31.8Water Act section 404 assumption including 31.9negotiation of draft agreements with the 31.10United States Environmental Protection 31.11Agency and the United States Army Corps of 31.12Engineers, planning for an online permitting 31.13system, upgrading the existing wetland 31.14banking database, and developing an in-lieu 31.15fee wetland banking program as authorized 31.16by statute. This is a onetime appropriation.31.17(h) $166,000 the first year and $166,000 the 31.18second year are to provide technical assistance 31.19to local drainage management officials and 31.20for the costs of the Drainage Work Group. The 31.21Board of Water and Soil Resources must 31.22coordinate the stakeholder drainage work 31.23group in accordance with Minnesota Statutes, 31.24section 103B.101, subdivision 13, to evaluate 31.25and make recommendations to accelerate 31.26drainage system acquisition and establishment 31.27of ditch buffer strips under Minnesota Statutes, 31.28chapter 103E, or compatible alternative 31.29practices required by Minnesota Statutes, 31.30section 103F.48. The evaluation and 31.31recommendations must be submitted in a 31.32report to the senate and house of 31.33representatives committees with jurisdiction 31.34over agriculture and environment policy by 31.35February 1, 2018.32.1(i) $100,000 the first year and $100,000 the 32.2second year are for a grant to the Red River 32.3Basin Commission for water quality and 32.4floodplain management, including 32.5administration of programs. This appropriation 32.6must be matched by nonstate funds. If the 32.7appropriation in either year is insufficient, the 32.8appropriation in the other year is available for 32.9it.32.10(j) $140,000 the first year and $140,000 the 32.11second year are for grants to Area II 32.12Minnesota River Basin Projects for floodplain 32.13management.32.14(k) $125,000 the first year and $125,000 the 32.15second year are for conservation easement 32.16stewardship.32.17(l) $240,000 the first year and $240,000 the 32.18second year are for a grant to the Lower 32.19Minnesota River Watershed District to defray 32.20the annual cost of operating and maintaining 32.21sites for dredge spoil to sustain the state, 32.22national, and international commercial and 32.23recreational navigation on the lower Minnesota 32.24River.32.25(m) $4,380,000 the first year and $4,533,000 32.26the second year are for Board of Water and 32.27Soil Resources agency administration and 32.28operations.32.29(n) Notwithstanding Minnesota Statutes, 32.30section 103C.501, the board may shift 32.31cost-share funds in this section and may adjust 32.32the technical and administrative assistance 32.33portion of the grant funds to leverage federal 32.34or other nonstate funds or to address 33.1high-priority needs identified in local water 33.2management plans or comprehensive water 33.3management plans.33.4(o) The appropriations for grants in this section 33.5are available until June 30, 2021, except 33.6returned grants are available for two years 33.7after they are returned. If an appropriation for 33.8grants in either year is insufficient, the 33.9appropriation in the other year is available for 33.10it.33.11(p) Notwithstanding Minnesota Statutes, 33.12section 16B.97, the appropriations for grants 33.13in this section are exempt from Department 33.14of Administration, Office of Grants 33.15Management Policy 08-08 Grant Payments 33.16and 08-10 Grant Monitoring.

33.17Sec. 5. METROPOLITAN COUNCIL$8,540,000$8,540,000

33.18Appropriations by Fund33.192018201933.20General2,540,0002,540,00033.21Natural Resources6,000,0006,000,000

33.22(a) $2,540,000 the first year and $2,540,000 33.23the second year are for metropolitan area 33.24regional parks operation and maintenance 33.25according to Minnesota Statutes, section 33.26473.351.33.27(b) $6,000,000 the first year and $6,000,000 33.28the second year are from the natural resources 33.29fund for metropolitan area regional parks and 33.30trails maintenance and operations. This 33.31appropriation is from the revenue deposited 33.32in the natural resources fund under Minnesota 33.33Statutes, section 297A.94, paragraph (e), 33.34clause (3).

34.134.2Sec. 6. CONSERVATION CORPS MINNESOTA$945,000$945,000

34.3Appropriations by Fund34.42018201934.5General455,000455,00034.6Natural Resources490,000490,000

34.7Conservation Corps Minnesota may receive 34.8money appropriated from the natural resources 34.9fund under this section only as provided in an 34.10agreement with the commissioner of natural 34.11resources.

34.12Sec. 7. ZOOLOGICAL BOARD$9,227,000$9,303,000

34.13Appropriations by Fund34.142018201934.15General9,067,0009,143,00034.16Natural Resources160,000160,000

34.17$160,000 the first year and $160,000 the 34.18second year are from the natural resources 34.19fund from the revenue deposited under 34.20Minnesota Statutes, section 297A.94, 34.21paragraph (e), clause (5).

34.22Sec. 8. SCIENCE MUSEUM$1,079,000$1,079,000

34.23Sec. 9. ADMINISTRATION$800,000$300,000

34.24(a) $300,000 the first year and $300,000 the 34.25second year are from the state forest suspense 34.26account in the permanent school fund for the 34.27school trust lands director. This appropriation 34.28is to be used for securing long-term economic 34.29return from the school trust lands consistent 34.30with fiduciary responsibilities and sound 34.31natural resources conservation and 34.32management principles.35.1(b) $500,000 the first year is from the state 35.2forest suspense account in the permanent 35.3school fund for the school trust lands director 35.4to initiate the private sale of surplus school 35.5trust lands identified according to Minnesota 35.6Statutes, section 92.82, paragraph (d), 35.7including but not limited to valuation 35.8expenses, legal fees, and transactional staff 35.9costs. This is a onetime appropriation and is 35.10available until June 30, 2019.

35.11Sec. 10. EXPLORE MINNESOTA TOURISM$15,684,000$14,321,000

35.12(a) To develop maximum private sector 35.13involvement in tourism, $500,000 the first 35.14year and $500,000 the second year must be 35.15matched by Explore Minnesota Tourism from 35.16nonstate sources. Each $1 of state incentive 35.17must be matched with $6 of private sector 35.18funding. Cash match is defined as revenue to 35.19the state or documented cash expenditures 35.20directly expended to support Explore 35.21Minnesota Tourism programs. Up to one-half 35.22of the private sector contribution may be 35.23in-kind or soft match. The incentive in fiscal 35.24year 2018 shall be based on fiscal year 2017 35.25private sector contributions. The incentive in 35.26fiscal year 2019 shall be based on fiscal year 35.272018 private sector contributions. This 35.28incentive is ongoing.35.29(b) Funding for the marketing grants is 35.30available either year of the biennium. 35.31Unexpended grant funds from the first year 35.32are available in the second year.35.33(c) $100,000 each year is for a grant to the 35.34Northern Lights International Music Festival.36.1(d) $900,000 the first year is for the major 36.2events grant program. This is a onetime 36.3appropriation and is available until June 30, 36.42021.36.5(e) $500,000 the first year is for updating the 36.6board's Web site, developing digital content, 36.7and making system upgrades. This is a 36.8onetime appropriation and is available until 36.9June 30, 2019.

36.10Sec. 11. REVENUE$2,000,000$2,000,000

36.11$2,000,000 each year is for riparian protection 36.12aid payments under Minnesota Statutes, 36.13section 477A.21. Notwithstanding Minnesota 36.14Statutes, section 477A.21, subdivisions 3 and 36.154, the first year appropriation may be paid only 36.16to counties. Unexpended funds from the first 36.17year are available the second year.36.18    Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:

36.19Sec. 6. ADMINISTRATION$250,000$-0-

36.20$250,000 the first year is from the state forest 36.21suspense account in the permanent school fund 36.22for the school trust lands director to initiate 36.23real estate development projects on school 36.24trust lands as determined by the school trust 36.25lands director. This is a onetime appropriation36.26and is available until June 30, 2019.36.27EFFECTIVE DATE.This section is effective the day following final enactment.36.28ARTICLE 236.29ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES36.30    Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 36.31to read:37.1    Subd. 6.Legal counsel.The commissioner of natural resources may appoint attorneys 37.2or outside counsel to render title opinions, represent the department in severed mineral
         37.3interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding
         any statute 37.4to the contrary, represent the state in quiet title or title registration actions
         affecting land or 37.5interests in land administered by the commissioner.37.6    Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:37.7    Subd. 14a. Permitting efficiency; public notice. (a) It is the goal of the state that 37.8environmental and resource management permits be issued or denied within 90 days for
         37.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
         37.10The commissioner of natural resources shall establish management systems designed
         to 37.11achieve the goal.37.12(b) The commissioner shall prepare an annual permitting efficiency report that includes
         37.13statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 37.14categories. The report is due August 1 each year. For permit applications that have
         not met 37.15the goal, the report must state the reasons for not meeting the goal. In stating the
         reasons 37.16for not meeting the goal, the commissioner shall separately identify delays caused
         by the 37.17responsiveness of the proposer, lack of staff, scientific or technical disagreements,
         or the 37.18level of public engagement. The report must specify the number of days from initial
         37.19submission of the application to the day of determination that the application is
         complete. 37.20The report must aggregate the data for the year and assess whether program or system
         37.21changes are necessary to achieve the goal. The report must be posted on the department's
         37.22Web site and submitted to the governor and the chairs and ranking minority members
         of 37.23the house of representatives and senate committees having jurisdiction over natural
         resources 37.24policy and finance.37.25(c) The commissioner shall allow electronic submission of environmental review and
         37.26permit documents to the department.37.27(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 37.28to paragraph (a), the commissioner of natural resources shall notify the project proposer37.29permit applicant, in writing, whether the application is complete or incomplete. If the 37.30commissioner determines that an application is incomplete, the notice to the applicant
         must 37.31enumerate all deficiencies, citing specific provisions of the applicable rules and
         statutes, 37.32and advise the applicant on how the deficiencies can be remedied. If the commissioner
         37.33determines that the application is complete, the notice must confirm the application's
         Tier 37.341 or Tier 2 permit status. If the commissioner believes that a complete application for a Tier 38.12 construction permit cannot be issued within the 150-day goal, the commissioner must
         38.2provide notice to the applicant with the commissioner's notice that the application
         is complete 38.3and, upon request of the applicant, provide the permit applicant with a schedule estimating
         38.4when the agency will begin drafting the permit and issue the public notice of the
         draft permit.38.5This paragraph does not apply to an application for a permit that is subject to a
         grant or loan 38.6agreement under chapter 446A.38.7(e) When public notice of a draft individual Tier 2 permit is required, the commissioner
         38.8must provide the applicant a draft permit for review by the applicant within 30 days
         after 38.9determining the proposal conforms to all federal and state laws and rules, unless
         the permit 38.10applicant and the commissioner mutually agree to a different date. The commissioner
         must 38.11consider all comments submitted by the applicant before issuing the permit.38.12    Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:38.13    Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish to construct, 38.14reconstruct, modify, or operate a facility needing any permit from the commissioner of 38.15natural resources to construct, reconstruct, or modify a project or to operate a facility may 38.16offer to reimburse the department for the costs of staff time or consultant services
         needed 38.17to expedite the preapplication process and permit development process through the final 38.18decision on the permit, including the analysis of environmental review documents. The 38.19reimbursement shall be in addition to permit application fees imposed by law. When
         the 38.20commissioner determines that additional resources are needed to develop the permit
         38.21application in an expedited manner, and that expediting the development is consistent
         with 38.22permitting program priorities, the commissioner may accept the reimbursement. The 38.23commissioner must give the permit applicant an estimate of costs for the expedited
         service 38.24to be incurred by the commissioner. The estimate must include a brief description
         of the 38.25tasks to be performed, a schedule for completing the tasks, and the estimated cost
         for each 38.26task. The proposer and the commissioner shall enter into a written agreement detailing
         the 38.27estimated costs for the expedited service to be incurred by the department. The agreement
         38.28must also identify staff anticipated to be assigned to the project. The commissioner
         must 38.29not issue a permit until the applicant has paid all fees in full. The commissioner
         must refund 38.30any unobligated balance of fees paid. Reimbursements accepted by the commissioner are 38.31appropriated to the commissioner for the purpose of developing the permit or analyzing
         38.32environmental review documents. Reimbursement by a permit applicant shall precede
         and 38.33not be contingent upon issuance of a permit; shall not affect the commissioner's decision
         38.34on whether to issue or deny a permit, what conditions are included in a permit, or
         the 39.1application of state and federal statutes and rules governing permit determinations;
         and shall 39.2not affect final decisions regarding environmental review.39.3    Sec. 4. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:39.4    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:39.5(1) owned and used by the United States, an Indian tribal government, the state, another
         39.6state, or a political subdivision;39.7(2) registered in another state or country that have not been within this state for
         more 39.8than 30 consecutive days;39.9(3) registered under chapter 168, when operated on forest roads to gain access to
         a state 39.10forest campground;39.11(4) used exclusively in organized track racing events;39.12(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
         39.13off-highway motorcycle state trail pass; or39.14(6) operated by a person participating in an event for which the commissioner has
         issued 39.15a special use permit.; or39.16(7) operated on boundary trails and registered in another state or country providing
         equal 39.17reciprocal registration or licensing exemptions for registrants of this state.39.18    Sec. 5. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:39.19    Subdivision 1. Prohibitions on youthful operators. (a) A person six years or older but 39.20less than 16 years of age operating an off-highway motorcycle on public lands or waters
         39.21must possess a valid off-highway motorcycle safety certificate issued by the commissioner.39.22(b) Except for operation on public road rights-of-way that is permitted under section
         39.2384.795
         , subdivision 1, a driver's license issued by the state or another state is required
         to 39.24operate an off-highway motorcycle along or on a public road right-of-way.39.25(c) A person under 12 years of age may not:39.26(1) make a direct crossing of a public road right-of-way;39.27(2) operate an off-highway motorcycle on a public road right-of-way in the state;
         or39.28(3) operate an off-highway motorcycle on public lands or waters unless accompanied
         39.29by a person 18 years of age or older or participating in an event for which the commissioner
         39.30has issued a special use permit.40.1(d) Except for public road rights-of-way of interstate highways, a person less than
         16 40.2years of age may make a direct crossing of a public road right-of-way of a trunk,
         county 40.3state-aid, or county highway only if that person is accompanied by a person 18 years
         of age 40.4or older who holds a valid driver's license.40.5(e) A person less than 16 years of age may operate an off-highway motorcycle on public
         40.6road rights-of-way in accordance with section 
         84.795, subdivision 1, paragraph (a), only if 40.7that person is accompanied by a person 18 years of age or older who holds a valid
         driver's 40.8license.40.9(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
         40.10an off-highway motorcycle on public lands or waters if the nonresident youth has in
         40.11possession evidence of completing an off-road safety course offered by the Motorcycle
         40.12Safety Foundation or another state as provided in section 
         84.791, subdivision 4.40.13    Sec. 6. Minnesota Statutes 2016, section 84.8031, is amended to read:40.1484.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.40.15The commissioner must review an off-road vehicle grant-in-aid application and, if
         40.16approved, commence begin public review of the application within 60 days after the 40.17completed application has been locally approved and submitted to an area parks and
         trails 40.18office. If the commissioner fails to approve or deny the application within 60 days
         after 40.19submission, the application is deemed approved and the commissioner must provide for
         a 40.2030-day public review period. If the commissioner denies an application, the commissioner 40.21must provide the applicant with a written explanation for denying the application
         at the time 40.22the applicant is notified of the denial.40.23    Sec. 7. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:40.24    Subd. 2. Application, issuance, issuing fee. (a) Application for registration or 40.25reregistration shall be made to the commissioner or an authorized deputy registrar
         of motor 40.26vehicles in a format prescribed by the commissioner and shall state the legal name
         and 40.27address of every owner of the snowmobile.40.28    (b) A person who purchases a snowmobile from a retail dealer shall make application
         40.29for registration to the dealer at the point of sale. The dealer shall issue a dealer
         temporary 40.3021-day registration permit to each purchaser who applies to the dealer for registration.
         The 40.31temporary permit must contain the dealer's identification number and phone number.
         Each 40.32retail dealer shall submit completed registration and fees to the deputy registrar
         at least once 41.1a week. No fee may be charged by a dealer to a purchaser for providing the temporary
         41.2permit.41.3    (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
         41.4registrar shall issue to the applicant, or provide to the dealer, an assigned registration
         number 41.5or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration
         41.6number must be affixed to the snowmobile in a clearly visible and permanent manner
         for 41.7enforcement purposes as the commissioner of natural resources shall prescribe. A dealer
         41.8subject to paragraph (b) shall provide the registration materials or temporary permit
         to the 41.9purchaser within the temporary 21-day permit period. The registration is not valid
         unless 41.10signed by at least one owner.41.11    (d) Each deputy registrar of motor vehicles acting pursuant to section 
         168.33, shall also 41.12be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
         41.13with the commissioner of public safety may prescribe the accounting and procedural
         41.14requirements necessary to assure efficient handling of registrations and registration
         fees. 41.15Deputy registrars shall strictly comply with these accounting and procedural requirements.41.16    (e) A fee of $2 In addition to that otherwise other fees prescribed by law shall be charged 41.17for, an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate
         41.18or replacement registration card, and replacement decal and an issuing fee of $7 is
         charged 41.19for each snowmobile registration and registration transfer issued by:41.20    (1) each snowmobile registered by the a registrar or a deputy registrar and the additional 41.21fee shall be disposed of must be deposited in the manner provided in section 
         168.33, 41.22subdivision 2
         ; or41.23    (2) each snowmobile registered by the commissioner and the additional fee shall must41.24be deposited in the state treasury and credited to the snowmobile trails and enforcement
         41.25account in the natural resources fund.41.26    Sec. 8. Minnesota Statutes 2016, section 84.82, subdivision 3, is amended to read:41.27    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, other 41.28than those used for an agricultural purpose, as defined in section 
         84.92, subdivision 1c, 41.29those registered by a dealer or manufacturer pursuant to paragraph (b) or (c), or
         those 41.30registered under subdivision 2a shall be as follows: $75 $105 for three years and $10 for a 41.31duplicate or transfer.41.32(b) The total registration fee for all snowmobiles owned by a dealer and operated
         for 41.33demonstration or testing purposes shall be $50 per year.42.1(c) The total registration fee for all snowmobiles owned by a manufacturer and operated
         42.2for research, testing, experimentation, or demonstration purposes shall be $150 per
         year. 42.3Dealer and manufacturer registrations are not transferable.42.4(d) The onetime fee for registration of an exempt snowmobile under subdivision 6a
         is 42.5$6.42.6    Sec. 9. Minnesota Statutes 2016, section 84.8205, subdivision 1, is amended to read:42.7    Subdivision 1. Sticker required; fee. (a) A snowmobile that is not registered in the state 42.8under section 
         84.82, subdivision 3, paragraph (a), or that is registered by a manufacturer or 42.9dealer under section 
         84.82, subdivision 3, paragraph (b) or (c), may not be operated on a 42.10state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is
         affixed to 42.11the snowmobile.42.12(b) The commissioner of natural resources shall issue a sticker upon application and
         42.13payment of a fee. The fee is:42.14(1) $35 $50 for a one-year snowmobile state trail sticker purchased by an individual; 42.15and42.16(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or 42.17manufacturer.42.18(c) In addition to other penalties prescribed by law, an individual in violation of
         this 42.19subdivision must purchase an annual state trail sticker for a fee of $70. The sticker
         is valid 42.20from November 1 through June 30. Fees collected under this section, except for the
         issuing 42.21fee for licensing agents, shall be deposited in the state treasury and credited to
         the snowmobile 42.22trails and enforcement account in the natural resources fund and, except for the electronic
         42.23licensing system commission established by the commissioner under section 
         84.027, 42.24subdivision 15, must be used for grants-in-aid, trail maintenance, grooming, and easement
         42.25acquisition.42.26    (d) A state trail sticker is not required under this section for:42.27    (1) a snowmobile that is owned and used by the United States, an Indian tribal 42.28government, another state, or a political subdivision thereof that is exempt from
         registration 42.29under section 
         84.82, subdivision 6;42.30    (2) a collector snowmobile that is operated as provided in a special permit issued
         for the 42.31collector snowmobile under section 
         84.82, subdivision 7a;43.1    (3) a person operating a snowmobile only on the portion of a trail that is owned by
         the 43.2person or the person's spouse, child, or parent; or43.3    (4) a snowmobile while being used to groom a state or grant-in-aid trail.43.4    Sec. 10. Minnesota Statutes 2016, section 84.922, subdivision 5, is amended to read:43.5    Subd. 5. Fees for registration. (a) The fee for a three-year registration of an all-terrain 43.6vehicle under this section, other than those registered by a dealer or manufacturer
         under 43.7paragraph (b) or (c), is:43.8    (1) for public use, $45 $60;43.9    (2) for private use, $6; and43.10    (3) for a duplicate or transfer, $4.43.11    (b) The total registration fee for all-terrain vehicles owned by a dealer and operated
         for 43.12demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.43.13    (c) The total registration fee for all-terrain vehicles owned by a manufacturer and
         operated 43.14for research, testing, experimentation, or demonstration purposes is $150 per year.
         43.15Manufacturer registrations are not transferable.43.16    (d) The onetime fee for registration of an all-terrain vehicle under subdivision 2b
         is $6.43.17(e) The fees collected under this subdivision must be credited to the all-terrain
         vehicle 43.18account.43.19    Sec. 11. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:43.20    Subdivision 1. Program established. (a) The commissioner shall establish a 43.21comprehensive all-terrain vehicle environmental and safety education and training
         program, 43.22including the preparation and dissemination of vehicle information and safety advice
         to the 43.23public, the training of all-terrain vehicle operators, and the issuance of all-terrain
         vehicle 43.24safety certificates to vehicle operators over the age of 12 years who successfully
         complete 43.25the all-terrain vehicle environmental and safety education and training course. A parent or 43.26guardian must be present at the hands-on training portion of the program for youth
         who are 43.27six through ten years of age.43.28    (b) For the purpose of administering the program and to defray the expenses of training
         43.29and certifying vehicle operators, the commissioner shall collect a fee from each person
         who 43.30receives the training. The commissioner shall collect a fee, to include a $1 issuing
         fee for 43.31licensing agents, for issuing a duplicate all-terrain vehicle safety certificate.
         The 44.1commissioner shall establish both fees in a manner that neither significantly overrecovers
         44.2nor underrecovers costs, including overhead costs, involved in providing the services.
         The 44.3fees are not subject to the rulemaking provisions of chapter 14 and section 
         14.386 does not 44.4apply. The fees may be established by the commissioner notwithstanding section 
         16A.1283. 44.5Fee proceeds, except for the issuing fee for licensing agents under this subdivision,
         shall 44.6be deposited in the all-terrain vehicle account in the natural resources fund and
         the amount 44.7thereof, except for the electronic licensing system commission established by the
         44.8commissioner under section 
         84.027, subdivision 15, and issuing fees collected by the 44.9commissioner, is appropriated annually to the Enforcement Division of the Department
         of 44.10Natural Resources for the administration of the programs. In addition to the fee established
         44.11by the commissioner, instructors may charge each person up to the established fee
         amount 44.12for class materials and expenses.44.13    (c) The commissioner shall cooperate with private organizations and associations,
         private 44.14and public corporations, and local governmental units in furtherance of the program
         44.15established under this section. School districts may cooperate with the commissioner
         and 44.16volunteer instructors to provide space for the classroom portion of the training.
         The 44.17commissioner shall consult with the commissioner of public safety in regard to training
         44.18program subject matter and performance testing that leads to the certification of
         vehicle 44.19operators. The commissioner shall incorporate a riding component in the safety education
         44.20and training program.44.21    Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:44.22    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public 44.23road rights-of-way that is permitted under section 
         84.928 and as provided under paragraph 44.24(j), a driver's license issued by the state or another state is required to operate
         an all-terrain 44.25vehicle along or on a public road right-of-way.44.26    (b) A person under 12 years of age shall not:44.27    (1) make a direct crossing of a public road right-of-way;44.28    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or44.29    (3) operate an all-terrain vehicle on public lands or waters, except as provided in
         44.30paragraph (f).44.31    (c) Except for public road rights-of-way of interstate highways, a person 12 years
         of age 44.32but less than 16 years may make a direct crossing of a public road right-of-way of
         a trunk, 44.33county state-aid, or county highway or operate on public lands and waters or state
         or 45.1grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
         certificate 45.2issued by the commissioner and is accompanied by a person 18 years of age or older
         who 45.3holds a valid driver's license.45.4    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
         old, 45.5but less than 16 years old, must:45.6    (1) successfully complete the safety education and training program under section
         
         84.925, 45.7subdivision 1, including a riding component; and45.8    (2) be able to properly reach and control the handle bars and reach the foot pegs
         while 45.9sitting upright on the seat of the all-terrain vehicle.45.10    (e) A person at least 11 six years of age may take the safety education and training 45.11program and may receive an all-terrain vehicle safety certificate under paragraph
         (d), but 45.12the certificate is not valid until the person reaches age 12.45.13    (f) A person at least ten years of age but under 12 years of age may operate an all-terrain
         45.14vehicle with an engine capacity up to 90cc 110cc if the vehicle is a class 1 all-terrain vehicle 45.15with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain
         vehicle with 45.16side-by-side-style seating on public lands or waters if accompanied by a parent or legal 45.17guardian.45.18    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.45.19    (h) A person under the age of 16 may not operate an all-terrain vehicle on public
         lands 45.20or waters or on state or grant-in-aid trails if the person cannot properly reach and
         control:45.21    (1) the handle bars and reach the foot pegs while sitting upright on the seat of the
         45.22all-terrain vehicle with straddle-style seating; or45.23    (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with 45.24side-by-side-style seating while sitting upright in the seat with the seat belt fully
         engaged.45.25(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
         16 45.26years old, may make a direct crossing of a public road right-of-way of a trunk, county
         45.27state-aid, or county highway or operate an all-terrain vehicle on public lands and
         waters or 45.28state or grant-in-aid trails if:45.29(1) the nonresident youth has in possession evidence of completing an all-terrain
         safety 45.30course offered by the ATV Safety Institute or another state as provided in section
         
         84.925, 45.31subdivision 3; and46.1(2) the nonresident youth is accompanied by a person 18 years of age or older who
         holds 46.2a valid driver's license.46.3(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
         46.4vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
         46.5under section 
         84.928 if the person:46.6(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
         46.7and46.8(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.46.9    Sec. 13. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:46.10    Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall 46.11not ride as a passenger or as an operator of an all-terrain vehicle on public land,
         public 46.12waters, or on a public road right-of-way unless wearing a safety helmet approved by
         the 46.13commissioner of public safety.46.14    (b) A person less than 18 years of age shall not ride as a passenger or as an operator
         of 46.15a class 2 an all-terrain vehicle without wearing a seat belt when provided by the manufacturer.46.16    Sec. 14. Minnesota Statutes 2016, section 84.9275, subdivision 1, is amended to read:46.17    Subdivision 1. Pass required; fee. (a) A tribal member exempt from registration under 46.18section 
         84.922, subdivision 1a, clause (2), or a nonresident may not operate an all-terrain 46.19vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries
         a valid 46.20nonresident all-terrain vehicle state trail pass in immediate possession. The pass
         must be 46.21available for inspection by a peace officer, a conservation officer, or an employee
         designated 46.22under section 
         84.0835.46.23(b) The commissioner of natural resources shall issue a pass upon application and
         payment 46.24of a $20 $30 fee. The pass is valid from January 1 through December 31. Fees collected 46.25under this section, except for the issuing fee for licensing agents, shall be deposited
         in the 46.26state treasury and credited to the all-terrain vehicle account in the natural resources
         fund 46.27and, except for the electronic licensing system commission established by the commissioner
         46.28under section 
         84.027, subdivision 15, must be used for grants-in-aid to counties and 46.29municipalities for all-terrain vehicle organizations to construct and maintain all-terrain
         46.30vehicle trails and use areas.46.31    (c) A nonresident all-terrain vehicle state trail pass is not required for:47.1    (1) an all-terrain vehicle that is owned and used by the United States, another state,
         or 47.2a political subdivision thereof that is exempt from registration under section 
         84.922, 47.3subdivision 1a;47.4    (2) a person operating an all-terrain vehicle only on the portion of a trail that
         is owned 47.5by the person or the person's spouse, child, or parent; or47.6(3) a nonresident operating an all-terrain vehicle that is registered according to
         section 47.784.922
         .47.8    Sec. 15. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:47.9    Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a 47.10capital expenditure on a capital asset previously owned by the state, within the meaning
         of 47.11generally accepted accounting principles as applied to public expenditures. The commissioner
         47.12of natural resources will consult with the commissioner of management and budget to
         the 47.13extent necessary to ensure this and will furnish the commissioner of management and
         budget 47.14a list of projects to be financed from the account in order of their priority. The
         legislature 47.15assumes that many projects for preservation and replacement of portions of existing
         capital 47.16assets will constitute betterments and capital improvements within the meaning of
         the 47.17Constitution and capital expenditures under generally accepted accounting principles,
         and 47.18will be financed more efficiently and economically under this section than by direct
         47.19appropriations for specific projects.47.20(b) An appropriation for asset preservation must not be used to acquire land or to
         acquire 47.21or construct buildings or other facilities.47.22(c) Capital budget expenditures for natural resource asset preservation and replacement
         47.23projects must be for one or more of the following types of capital projects that support
         the 47.24existing programmatic mission of the department: code compliance including health
         and 47.25safety, Americans with Disabilities Act requirements, hazardous material abatement,
         access 47.26improvement, or air quality improvement; building energy efficiency improvements using
         47.27current best practices; building or infrastructure repairs necessary to preserve the
         interior 47.28and exterior of existing buildings; projects to remove life safety hazards such as building 47.29code violations or structural defects; or renovation of other existing improvements to land, 47.30including but not limited to trails and bridges.47.31(d) Up to ten percent of an appropriation awarded under this section may be used for
         47.32design costs for projects eligible to be funded from this account in anticipation
         of future 47.33funding from the account.48.1    Sec. 16. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to 48.2read:48.3    Subd. 4.Priorities; report.The commissioner of natural resources must establish 48.4priorities for natural resource asset preservation and replacement projects. By January
         15 48.5each year, the commissioner must submit to the commissioner of management and budget
         48.6a list of the projects that have been paid for with money from a natural resource
         asset 48.7preservation and replacement appropriation during the preceding calendar year.48.8    Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:48.9    Subd. 3. Training and mentoring. The commissioner must develop and implement a 48.10training program that adequately prepares Minnesota Naturalist Corps members for the
         48.11tasks assigned. Each corps member shall be is assigned a state park an interpretive naturalist 48.12as a mentor.48.13    Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:48.14    Subd. 4. Uniform patch pin. Uniforms worn by members of the Minnesota Naturalist 48.15Corps must have a patch pin that includes the name of the Minnesota Naturalist Corps and 48.16information that the program is funded by the clean water, land, and legacy amendment
         to 48.17the Minnesota Constitution adopted by the voters in November 2008.48.18    Sec. 19. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:48.19    Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if 48.20the person:48.21(1) is a permanent resident of the state;48.22(2) is a participant in an approved college internship program or has a postsecondary 48.23degree in a field related to natural resource resources, cultural history, interpretation, or 48.24conservation related field; and48.25(3) has completed at least one year of postsecondary education.48.26    Sec. 20. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:48.27    Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible 48.28for unemployment benefits if their services are excluded under section 268.035, subdivision 48.2920, and are not eligible for other benefits except workers' compensation. The corps members
         48.30are not employees of the state within the meaning of section 
         43A.02, subdivision 21.49.1    Sec. 21. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:49.2    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested 49.3waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
         (b), 49.4(c), or (d), and section 
         97C.341.49.5    (b) In waters that are listed as infested waters, except those listed as infested
         with 49.6prohibited invasive species of fish or certifiable diseases of fish, as defined under
         section 49.717.4982, subdivision 6
         , taking wild animals may be permitted for:49.8    (1) commercial taking of wild animals for bait and aquatic farm purposes as provided
         49.9in a permit issued under section 
         84D.11, subject to rules adopted by the commissioner; and49.10    (2) bait purposes for noncommercial personal use in waters that contain Eurasian 49.11watermilfoil, when the infested waters are listed solely because they contain Eurasian
         49.12watermilfoil and if the equipment for taking is limited to cylindrical minnow traps
         not 49.13exceeding 16 inches in diameter and 32 inches in length.49.14(c) In streams or rivers that are listed as infested waters, except those listed as
         infested 49.15with certifiable diseases of fish, as defined under section 
         17.4982, subdivision 6, the harvest 49.16of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait
         by 49.17hook and line for noncommercial personal use is allowed as follows:49.18(1) fish taken under this paragraph must be used on the same body of water where caught
         49.19and while still on that water body. Where the river or stream is divided by barriers
         such as 49.20dams, the fish must be caught and used on the same section of the river or stream;49.21(2) fish taken under this paragraph may not be transported live from or off the water
         49.22body;49.23(3) fish harvested under this paragraph may only be used in accordance with this section;49.24(4) any other use of wild animals used for bait from infested waters is prohibited;49.25(5) fish taken under this paragraph must meet all other size restrictions and requirements
         49.26as established in rules; and49.27(6) all species listed under this paragraph shall be included in the person's daily
         limit as 49.28established in rules, if applicable.49.29(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
         49.30downstream of the dam at Taylors Falls, including portions described as 49.31Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items 50.1A and B, the harvest of gizzard shad by cast net for noncommercial personal use as
         bait for 50.2angling, as provided in a permit issued under section 
         84D.11, is allowed as follows:50.3    (1) nontarget species must immediately be returned to the water;50.4(2) gizzard shad taken under this paragraph must be used on the same body of water
         50.5where caught and while still on that water body. Where the river is divided by barriers
         such 50.6as dams, the gizzard shad must be caught and used on the same section of the river;50.7(3) gizzard shad taken under this paragraph may not be transported off the water body;
         50.8and50.9(4) gizzard shad harvested under this paragraph may only be used in accordance with
         50.10this section.50.11This paragraph expires December 1, 2017.50.12    (e) Equipment authorized for minnow harvest in a listed infested water by permit issued
         50.13under paragraph (b) may not be transported to, or used in, any waters other than waters
         50.14specified in the permit.50.15(f) Bait intended for sale may not be held in infested water after taking and before
         sale, 50.16unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.50.17    Sec. 22. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:50.18    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions 50.19in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines 50.20used for commercial fishing or turtle, frog, or crayfish harvesting in an infested
         water that 50.21is listed because it contains invasive fish, invertebrates, or certifiable diseases,
         as defined 50.22in section 
         17.4982, may not be used in any other waters. If a commercial licensee operates 50.23in an infested water listed because it contains invasive fish, invertebrates, or certifiable
         50.24diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used 50.25for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as
         infested with 50.26invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be 50.27tagged with tags provided by the commissioner, as specified in the commercial licensee's
         50.28license or permit. Tagged gear must not be used in water bodies other than those specified 50.29in the license or permit. The permit may authorize department staff to remove tags
         after the 50.30gear is decontaminated. This tagging requirement does not apply to commercial fishing 50.31equipment used in Lake Superior.51.1(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing
         or turtle, 51.2frog, or crayfish harvesting in an infested water that is listed solely because it
         contains 51.3Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
         51.4of two days before they are used in any other waters, except as provided in this paragraph.
         51.5Commercial licensees must notify the department's regional or area fisheries office
         or a 51.6conservation officer before removing nets or equipment from an infested water listed
         solely 51.7because it contains Eurasian watermilfoil and before resetting those nets or equipment
         in 51.8any other waters. Upon notification, the commissioner may authorize a commercial licensee
         51.9to move nets or equipment to another water without freezing or drying, if that water
         is listed 51.10as infested solely because it contains Eurasian watermilfoil.51.11(c) A commercial licensee must remove all aquatic macrophytes from nets and other
         51.12equipment before placing the equipment into waters of the state.51.13(d) The commissioner shall provide a commercial licensee with a current listing of
         listed 51.14infested waters at the time that a license or permit is issued.51.15    Sec. 23. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:51.16    Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify 51.17nonnative species of aquatic plants and wild animals, including subspecies, genotypes, 51.18cultivars, hybrids, or genera of nonnative species, according to the following categories:51.19(1) prohibited invasive species, which may not be possessed, imported, purchased,
         sold, 51.20propagated, transported, or introduced except as provided in section 
         84D.05;51.21(2) regulated invasive species, which may not be introduced except as provided in
         section 51.2284D.07
         ;51.23(3) unlisted nonnative species, which are subject to the classification procedure
         in section 51.2484D.06
         ; and51.25(4) unregulated nonnative species, which are not subject to regulation under this
         chapter.51.26    Sec. 24. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:51.27    Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell, 51.28propagate, transport, or introduce a prohibited invasive species, except:51.29(1) under a permit issued by the commissioner under section 
         84D.11;51.30(2) in the case of purple loosestrife, as provided by sections 
         18.75 to 
         18.88;51.31(3) under a restricted species permit issued under section 
         17.457;52.1(4) when being transported to the department, or another destination as the commissioner
         52.2may direct, in a sealed container for purposes of identifying the species or reporting
         the 52.3presence of the species;52.4(5) when being transported for disposal as part of a harvest or control activity when
         52.5specifically authorized under a permit issued by the commissioner according to section
         52.6103G.615
         , when being transported for disposal as specified under a commercial fishing 52.7license issued by the commissioner according to section 
         97A.418, 
         97C.801, 
         97C.811, 52.897C.825
         , 
         97C.831, or 
         97C.835, or when being transported as specified by the commissioner;52.9(6) when being removed from watercraft and equipment, or caught while angling, and
         52.10immediately returned to the water from which they came; or52.11(7) when being transported from riparian property to a legal disposal site that is
         at least 52.12100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
         52.13invasive species are in a covered commercial vehicle specifically designed and used
         for 52.14hauling trash; or52.15(7) (8) as the commissioner may otherwise prescribe by rule.52.16    Sec. 25. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:52.17    Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional 52.18permit to service providers to return to Lake Minnetonka water-related equipment with
         52.19zebra mussels attached after the equipment has been seasonally stored, serviced, or
         repaired. 52.20The permit must include verification and documentation requirements and any other
         52.21conditions the commissioner deems necessary.52.22(b) Water-related equipment with zebra mussels attached may be returned only to Lake
         52.23Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
         52.24under subdivision 1.52.25(c) The service provider's place of business must be within the Lake Minnetonka 52.26Conservation District as established according to sections 
         103B.601 to 
         103B.645 or within 52.27a municipality immediately bordering the Lake Minnetonka Conservation District's 52.28boundaries.52.29(d) A service provider applying for a permit under this subdivision must, if approved
         52.30for a permit and before the permit is valid, furnish a corporate surety bond in favor
         of the 52.31state for $50,000 payable upon violation of this chapter while the service provider is acting 52.32under a permit issued according to this subdivision.53.1(e) This subdivision expires December 1, 2018 2019.53.2    Sec. 26. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 53.3to read:53.4    Subd. 2b.Gull Lake pilot study.(a) The commissioner may include an additional 53.5targeted pilot study to include water-related equipment with zebra mussels attached
         for the 53.6Gull Narrows State Water Access Site, Government Point State Water Access Site, and
         53.7Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
         53.8in Cass and Crow Wing Counties using the same authorities, general procedures, and
         53.9requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake
         service 53.10providers participating in the Gull Lake targeted pilot study place of business must
         be located 53.11in Cass or Crow Wing County.53.12(b) If an additional targeted pilot project for Gull Lake is implemented under this
         section, 53.13the report to the chairs and ranking minority members of the senate and house of 53.14representatives committees having jurisdiction over natural resources required under
         Laws 53.152016, chapter 189, article 3, section 48, must also include the Gull Lake targeted
         pilot study 53.16recommendations and assessments.53.17(c) This subdivision expires December 1, 2019.53.18    Sec. 27. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 53.19to read:53.20    Subd. 2c.Cross Lake pilot study.(a) The commissioner may include an additional 53.21targeted pilot study to include water-related equipment with zebra mussels attached
         for the 53.22Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number
         53.2318-0312) in Crow Wing County using the same authorities, general procedures, and 53.24requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The
         place 53.25of business of lake service providers participating in the Cross Lake targeted pilot
         study 53.26must be located in Cass or Crow Wing County.53.27(b) If an additional targeted pilot project for Cross Lake is implemented under this
         53.28section, the report to the chairs and ranking minority members of the senate and house
         of 53.29representatives committees having jurisdiction over natural resources required under
         Laws 53.302016, chapter 189, article 3, section 48, must also include the Cross Lake targeted
         pilot 53.31study recommendations and assessments.53.32(c) This subdivision expires December 1, 2019.54.1    Sec. 28. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to 54.2read:54.3    Subd. 1a.Permit for invasive carp.The commissioner may issue a permit to 54.4departmental divisions for tagging bighead, black, grass, or silver carp for research
         or 54.5control. Under the permit, the carp may be released into the water body from which
         the carp 54.6was captured. This subdivision expires December 31, 2021.54.7    Sec. 29. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.54.8The commissioner may by contract, concession agreement, or lease, authorize the use
         54.9of golf carts on the golf course at Fort Ridgely State Park.54.10    Sec. 30. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:54.11    Subdivision 1. Authority to establish. (a) The commissioner may establish, by written 54.12order, provisions for the use of state parks for the following:54.13(1) special parking space for automobiles or other motor-driven vehicles in a state
         park 54.14or state recreation area;54.15(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other 54.16types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces, 54.17for the use of the individual charged for the space or facility;54.18(3) improvement and maintenance of golf courses already established in state parks,
         and 54.19charging reasonable use fees; and54.20(4) providing water, sewer, and electric service to trailer or tent campsites and
         charging 54.21a reasonable use fee.54.22(b) Provisions established under paragraph (a) are exempt from section 
         16A.1283 and 54.23the rulemaking provisions of chapter 14. Section 
         14.386 does not apply.54.24(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room,
         or 54.25building with furnishings for overnight use.54.26    Sec. 31. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:54.27    Subd. 8. Free permit; military personnel; exemption. (a) A one-day permit, Annual 54.28permits under subdivision 4, shall 1 must be issued without a fee for a motor vehicle being 54.29used by a person who is serving in to active military service personnel in any branch or unit 54.30of the United States armed forces and who is stationed outside Minnesota, during the period 55.1of active service and for 90 days immediately thereafter, if the or their dependents and to 55.2recipients of a Purple Heart medal. To qualify for a free permit under this subdivision,
         a55.3person presents the person's current military orders must present qualifying military 55.4identification or an annual pass for the United States military issued through the
         National 55.5Parks and Federal Recreational Lands Pass program to the park attendant on duty or other 55.6designee of the commissioner.55.7    (b) For purposes of this section, "active service" has the meaning given under section 55.8190.05, subdivision 5c, when performed outside Minnesota subdivision, the commissioner 55.9shall establish what constitutes qualifying military identification in the State Register.55.10(c) A permit is not required for a motor vehicle being used by military personnel or their
         55.11dependents who have in their possession the annual pass for United States military
         and their 55.12dependents issued by the federal government for access to federal recreation sites For 55.13vehicles permitted under paragraph (a), the permit or decal issued under this subdivision
         is 55.14valid only when displayed on a vehicle owned and occupied by the person to whom the
         55.15permit is issued.55.16(d) The commissioner may issue a daily vehicle permit free of charge to an individual
         55.17who qualifies under paragraph (a) and does not own or operate a motor vehicle.55.18    Sec. 32. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:55.19    Subd. 10. Free entrance permit; disabled veterans.(a) The commissioner shall issue 55.20an annual park permit for no charge to any veteran with a total and permanent 55.21service-connected disability, and a daily park permit to any resident veteran with any level 55.22of service-connected disability, as determined by the United States Department of
         Veterans 55.23Affairs, who presents each year a copy of the veteran's determination letter or other official 55.24form of validation issued by the United States Department of Veterans Affairs or the
         United 55.25States Department of Defense to a park attendant or commissioner's designee. For the 55.26purposes of this section subdivision, "veteran" has the meaning given in section 
         197.447.55.27    (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
         55.28subdivision is valid only when displayed on a vehicle owned and occupied by the person
         55.29to whom the permit is issued.55.30    (c) The commissioner may issue a daily vehicle permit free of charge to an individual
         55.31who qualifies under paragraph (a) and does not own or operate a motor vehicle.56.1    Sec. 33. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to 56.2read:56.3    Subd. 19.Fort Ridgely golf course.The commissioner may by contract, concession 56.4agreement, or lease waive a state park permit and associated fee for motor vehicle
         entry or 56.5parking for persons playing golf at the Fort Ridgely State Park golf course provided
         that 56.6the contract, concession agreement, or lease payment to the state is set, in part,
         to compensate 56.7the state park system for the loss of the state park fees.56.8    Sec. 34. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:56.9    Subdivision 1. Fees. The fee for state park permits for:56.10(1) an annual use of state parks is $25 $35;56.11(2) a second or subsequent vehicle state park permit is $18 $26;56.12(3) a state park permit valid for one day is $5 $7;56.13(4) a daily vehicle state park permit for groups is $3 $5;56.14(5) an annual permit for motorcycles is $20 $30;56.15(6) an employee's state park permit is without charge; and56.16(7) a state park permit for persons with disabilities under section 
         85.053, subdivision 7, 56.17paragraph (a), clauses (1) to (3), is $12.56.18The fees specified in this subdivision include any sales tax required by state law.56.19    Sec. 35. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:56.20    Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state 56.21park items, tours at Forestville Mystery Cave State Park, interpretation programs, educational 56.22programs, and operation of Douglas Lodge shall be deposited in the state treasury and be 56.23credited to the state parks working capital account. Receipts and expenses from Douglas
         56.24Lodge shall be tracked separately within the account. Money in the account is annually
         56.25appropriated for the purchase and payment of expenses attributable to items for resale
         or 56.26rental and operation of Douglas Lodge. Any excess receipts in this account are annually
         56.27appropriated for state park management and interpretive programs.56.28    Sec. 36. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:56.29    Subdivision 1. Areas marked Designation. The commissioner of natural resources is 56.30authorized in cooperation with local units of government and private individuals and
         groups 57.1when feasible to mark manage state water trails on the Lake Superior water trail under 57.2section 85.0155 and on the following rivers, which have historic, recreational, and scenic 57.3values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
         57.4Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
         57.5Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa 57.6from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
         57.7of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, andVermilion in 57.8St. Louis County, North Fork of the Crow, and South Fork of the Crow Rivers, which have 57.9historic and scenic values, and to mark appropriately. The commissioner may map and sign57.10points of interest, public water access sites, portages, camp sites, and all dams, rapids, 57.11waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and 57.12watercraft travelers. The commissioner may maintain passageway for watercraft on state 57.13water trails.57.14    Sec. 37. [85.47] SPECIAL USE PERMITS; FEES.57.15Fees collected for special use permits to use state trails not on state forest, state
         park, or 57.16state recreation area lands and for use of state water access sites must be deposited
         in the 57.17natural resources fund.57.18    Sec. 38. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:57.19    Subd. 2. Exemptions. A watercraft license is not required for:57.20(1) a watercraft that is covered by a license or number in full force and effect under
         57.21federal law or a federally approved licensing or numbering system of another state,
         or a 57.22watercraft that is owned by a person from another state and that state does not require
         57.23licensing that type of watercraft, and the watercraft has not been within this state for more 57.24than 90 consecutive days, which does not include days that a watercraft is laid up
         at dock 57.25over winter or for repairs at a Lake Superior port or another port in the state;57.26(2) a watercraft from a country other than the United States that has not been within
         this 57.27state for more than 90 consecutive days, which does not include days that a watercraft
         is 57.28laid up at dock over winter or for repairs at a Lake Superior port or another port
         in the state;57.29(3) a watercraft owned by the United States, an Indian tribal government, a state,
         or a 57.30political subdivision of a state, except watercraft used for recreational purposes;57.31(4) a ship's lifeboat;58.1(5) a watercraft that has been issued a valid marine document by the United States
         58.2government;58.3(6) a waterfowl boat during waterfowl-hunting season;58.4(7) a rice boat during the harvest season;58.5(8) a seaplane;58.6(9) a nonmotorized watercraft ten feet in length or less; and58.7(10) a watercraft that is covered by a valid license or number issued by a federally
         58.8recognized Indian tribe in the state under a federally approved licensing or numbering
         system 58.9and that is owned by a member of that tribe.58.10    Sec. 39. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:58.11    Subdivision 1. General requirements. (a) In addition to requirements of other laws 58.12relating to watercraft, a person may not operate or permit the operation of a personal
         58.13watercraft:58.14(1) without each person on board the personal watercraft wearing a United States Coast 58.15Guard (USCG) approved wearable personal flotation device with a that is approved by the 58.16United States Coast Guard (USCG) and has a USCG label indicating it the flotation device58.17either is approved for or does not prohibit use with personal watercraft or water skiing;58.18(2) between one hour before sunset and 9:30 a.m.;58.19(3) at greater than slow-no wake speed within 150 feet of:58.20(i) a shoreline;58.21(ii) a dock;58.22(iii) a swimmer;58.23(iv) a raft used for swimming or diving; or58.24(v) a moored, anchored, or nonmotorized watercraft;58.25(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any
         other 58.26device unless:58.27(i) an observer is on board; or58.28(ii) the personal watercraft is equipped with factory-installed or factory-specified
         58.29accessory mirrors that give the operator a wide field of vision to the rear;59.1(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
         59.2or personal flotation device of the operator, if the personal watercraft is equipped
         by the 59.3manufacturer with such a device;59.4(6) if any part of the spring-loaded throttle mechanism has been removed, altered,
         or 59.5tampered with so as to interfere with the return-to-idle system;59.6(7) to chase or harass wildlife;59.7(8) through emergent or floating vegetation at other than a slow-no wake speed;59.8(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
         59.9including weaving through congested watercraft traffic, jumping the wake of another
         59.10watercraft within 150 feet of the other watercraft, or operating the watercraft while
         facing 59.11backwards;59.12(10) in any other manner that is not reasonable and prudent; or59.13(11) without a personal watercraft rules decal, issued by the commissioner, attached
         to 59.14the personal watercraft so as to be in full view of the operator.59.15(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
         59.16to launch or land a person on water skis, a kneeboard, or similar device by the most
         direct 59.17route to open water.59.18    Sec. 40. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:59.19    Subd. 3. Allocation of funding. (a) Notwithstanding section 16A.41, expenditures 59.20directly related to each appropriation's purpose made on or after January 1 of the
         fiscal year 59.21in which the grant is made or the date of work plan approval, whichever is later,
         are eligible 59.22for reimbursement unless otherwise provided.59.23(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be 59.24determined by the commissioner on the basis of the following criteria:59.25(1) the number of watercraft using the waters wholly or partially within the county;59.26(2) the number of watercraft using particular bodies of water, wholly or partially
         within 59.27the county, in relation to the size of the body of water and the type, speed, and
         size of the 59.28watercraft utilizing the water body;59.29(3) the amount of water acreage wholly or partially within the county;59.30(4) the overall performance of the county in the area of boat and water safety;60.1(5) special considerations, such as volume of transient or nonresident watercraft
         use, 60.2number of rental watercraft, extremely large bodies of water wholly or partially in
         the 60.3county; or60.4(6) any other factor as determined by the commissioner.60.5(b) (c) The commissioner may require reports from the counties, make appropriate 60.6surveys or studies, or utilize local surveys or studies to determine the criteria
         required in 60.7allocation funds.60.8    Sec. 41. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:60.9    Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited, 60.10managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats 60.11by an entity meeting certification requirements established by the commissioner for the 60.12purpose of managing vegetation. A prescribed burn that has exceeded its prescribed 60.13boundaries and requires immediate suppression action by a local fire department or other 60.14agency with wildfire suppression responsibilities is considered a wildfire.60.15    Sec. 42. Minnesota Statutes 2016, section 88.523, is amended to read:60.1688.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.60.17Upon application of the owner, any auxiliary forest contract may be made subject to
         any 60.18provisions of law enacted subsequent to the execution of the contract and in force
         at the 60.19time of application, so far as not already applicable, with the approval of the county
         board 60.20and the commissioner of natural resources. A supplemental agreement in a form format60.21prescribed by the commissioner and approved by the attorney general must be executed by 60.22the commissioner in behalf of the state and by the owner. The supplemental agreement
         must 60.23be filed and recorded in like manner as the supplemental contract under section 
         88.49, 60.24subdivision 9
         , and takes effect upon filing and recording.60.25    Sec. 43. Minnesota Statutes 2016, section 89.39, is amended to read:60.2689.39 PURCHASE AGREEMENTS AND PENALTIES.60.27Every individual, partnership, or private corporation to whom any planting stock is
         60.28supplied for planting on private land hereunder shall under sections 89.35 to 89.39 must60.29execute an agreement, upon a form in a format approved by the attorney general60.30commissioner, to comply with all the requirements of sections 
         89.35 to 
         89.39 and all60.31conditions prescribed by the commissioner hereunder thereunder. Any party to such an 61.1agreement who shall violate any provision thereof shall, violates the agreement is, in addition 61.2to any other penalties that may be applicable, be liable to the state in a sum equal to three 61.3times the reasonable value of the trees affected by the violation at the time the
         same trees61.4were shipped for planting; provided, that if such the trees are sold or offered for sale for 61.5any purpose not herein authorized, such under sections 89.35 to 89.39, the penalty shall be61.6is equal to three times the sale price. Such The penalties shall be are recoverable in a civil 61.7action brought in the name of the state by the attorney general.61.8    Sec. 44. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to 61.9read:61.10    Subd. 1a.Affiliate."Affiliate" means a person who:61.11(1) controls, is controlled by, or is under common control with any other person,
         61.12including, without limitation, a partner, business entity with common ownership, or
         principal 61.13of any business entity or a subsidiary, parent company, or holding company of any
         person; 61.14or61.15(2) bids as a representative for another person.61.16    Sec. 45. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:61.17    Subd. 8. Permit holder. "Permit holder" means the person or affiliate of the person who 61.18is the signatory of a permit to cut timber on state lands.61.19    Sec. 46. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:61.20    Subd. 12. Responsible bidder. "Responsible bidder" means a person or affiliate of a 61.21person who is financially responsible; demonstrates the judgment, skill, ability, capacity,
         61.22and integrity requisite and necessary to perform according to the terms of a permit
         issued 61.23under this chapter; and is not currently debarred by another a government entity for any 61.24cause.61.25    Sec. 47. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:61.26    Subd. 2. Trespass on state lands. The commissioner may compromise and settle, with 61.27notification to the attorney general, upon terms the commissioner deems just, any claim of 61.28the state for casual and involuntary trespass upon state lands or timber; provided
         that no 61.29claim shall be settled for less than the full value of all timber or other materials
         taken in 61.30casual trespass or the full amount of all actual damage or loss suffered by the state
         as a 61.31result. Upon request, the commissioner shall advise the Executive Council of any information
         62.1acquired by the commissioner concerning any trespass on state lands, giving all details
         and 62.2names of witnesses and all compromises and settlements made under this subdivision.62.3    Sec. 48. Minnesota Statutes 2016, section 90.051, is amended to read:62.490.051 SUPERVISION OF SALES; BOND.62.5The department employee delegated to supervise state timber appraisals and sales shall
         62.6be bonded in a form to be prescribed by the attorney general commissioner and in the sum 62.7of not less than $25,000, conditioned upon the faithful and honest performance of
         duties.62.8    Sec. 49. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:62.9    Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner 62.10shall compile a list containing a description of each tract of land upon which any
         timber to 62.11be offered is situated and a statement of the estimated quantity of timber and of
         the appraised 62.12price of each kind of timber thereon as shown by the report of the state appraiser.
         No 62.13description shall be added after the list is posted and no timber shall be sold from
         land not 62.14described in the list. Copies of the list shall must be furnished to all interested applicants. 62.15At least 30 days before the date of sale, a copy of the list shall must be posted on the Internet 62.16or conspicuously posted in the forest office or other public facility most accessible
         to potential 62.17bidders at least 30 days prior to the date of sale. The commissioner shall cause a notice to 62.18be published once not less than one week before the date of sale in a legal newspaper
         in the 62.19county or counties where the land is situated. The notice shall state the time and
         place of 62.20the sale and the location at which further information regarding the sale may be obtained.62.21The commissioner may give other published or posted notice as the commissioner deems
         62.22proper to reach prospective bidders.62.23    Sec. 50. Minnesota Statutes 2016, section 90.14, is amended to read:62.2490.14 AUCTION SALE PROCEDURE.62.25(a) All state timber shall be offered and sold by the same unit of measurement as
         it was 62.26appraised. No tract shall be sold to any person other than the purchaser responsible bidder62.27in whose name the bid was made. The commissioner may refuse to approve any and all
         bids 62.28received and cancel a sale of state timber for good and sufficient reasons.62.29(b) The purchaser at any sale of timber shall, immediately upon the approval of the
         bid, 62.30or, if unsold at public auction, at the time of purchase at a subsequent sale under
         section 62.3190.101
         , subdivision 1, pay to the commissioner a down payment of 15 percent of the 62.32appraised value. In case any purchaser fails to make such payment, the purchaser shall
         be 63.1liable therefor to the state in a civil action, and the commissioner may reoffer the
         timber 63.2for sale as though no bid or sale under section 
         90.101, subdivision 1, therefor had been 63.3made.63.4(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
         state 63.5timber may, at the time of payment by the purchaser to the commissioner of 15 percent
         of 63.6the appraised value, elect in writing on a form format prescribed by the attorney general63.7commissioner to purchase a permit based solely on the appraiser's estimate of the volume 63.8of timber described in the permit, provided that the commissioner has expressly designated
         63.9the availability of such option for that tract on the list of tracts available for
         sale as required 63.10under section 
         90.101. A purchaser who elects in writing on a form format prescribed by the 63.11attorney general commissioner to purchase a permit based solely on the appraiser's estimate 63.12of the volume of timber described on the permit does not have recourse to the provisions
         63.13of section 
         90.281.63.14(d) In the case of a public auction sale conducted by a sealed bid process, tracts
         shall be 63.15awarded to the high bidder, who shall pay to the commissioner a down payment of 15
         63.16percent of the appraised value that must be received or postmarked within 14 days
         of the 63.17date of the sealed bid opening. If a purchaser fails to make the down payment, the
         purchaser 63.18is liable for the down payment to the state and the commissioner may offer the timber
         for 63.19sale to the next highest bidder as though no higher bid had been made.63.20(e) Except as otherwise provided by law, at the time the purchaser signs a permit
         issued 63.21under section 
         90.151, the commissioner shall require the purchaser to make a bid guarantee 63.22payment to the commissioner in an amount equal to 15 percent of the total purchase
         price 63.23of the permit less the down payment amount required by paragraph (b) for any bid increase
         63.24in excess of $10,000 of the appraised value. If a required bid guarantee payment is
         not 63.25submitted with the signed permit, no harvesting may occur, the permit cancels, and
         the 63.26down payment for timber forfeits to the state. The bid guarantee payment forfeits
         to the 63.27state if the purchaser and successors in interest fail to execute an effective permit.63.28    Sec. 51. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:63.29    Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section 63.3090.151
         , the commissioner may establish a registration system to verify the qualifications
         63.31of a person or affiliate as a responsible bidder to purchase a timber permit. Any system 63.32implemented by the commissioner shall be limited in scope to only that information
         that is 63.33required for the efficient administration of the purchaser qualification requirements
         of this 64.1chapter. The registration system established under this subdivision is not subject
         to the 64.2rulemaking provisions of chapter 14 and section 
         14.386 does not apply.64.3    Sec. 52. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:64.4    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for 64.5state timber required under section 
         90.14 or 
         90.191, the commissioner shall issue a numbered 64.6permit to the purchaser, in a form format approved by the attorney general commissioner, 64.7by the terms of which the purchaser shall be is authorized to enter upon the land, and to cut 64.8and remove the timber therein described in the permit as designated for cutting in the report 64.9of the state appraiser, according to the provisions of this chapter. The permit shall must be 64.10correctly dated and executed by the commissioner and signed by the purchaser. If a
         permit 64.11is not signed by the purchaser within 45 days from the date of purchase, the permit
         cancels 64.12and the down payment for timber required under section 
         90.14 forfeits to the state. The 64.13commissioner may grant an additional period for the purchaser to sign the permit,
         not to 64.14exceed ten business days, provided the purchaser pays a $200 penalty fee.64.15    (b) The permit shall expire expires no later than five years after the date of sale as the 64.16commissioner shall specify or as specified under section 
         90.191, and the timber shall must64.17be cut and removed within the time specified therein. If additional time is needed, the permit 64.18holder must request, prior to before the expiration date, and may be granted, for good and 64.19sufficient reasons, up to 90 additional days for the completion of skidding, hauling,
         and 64.20removing all equipment and buildings. All cut timber, equipment, and buildings not
         removed 64.21from the land after expiration of the permit becomes the property of the state.64.22    (c) The commissioner may grant an additional period of time not to exceed 240 days 64.23for the removal of removing cut timber, equipment, and buildings upon receipt of a written 64.24request by the permit holder for good and sufficient reasons. The permit holder may
         combine 64.25in the written request under this paragraph the request for additional time under
         paragraph 64.26(b).64.27    Sec. 53. Minnesota Statutes 2016, section 90.162, is amended to read:64.2890.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.64.29In lieu of the security deposit equal to the value of all timber covered by the permit
         64.30required by section 
         90.161, a purchaser of state timber may elect in writing on a form format64.31prescribed by the attorney general commissioner to give good and valid surety to the state 64.32of Minnesota equal to the purchase price for any designated cutting block identified
         on the 65.1permit before the date the purchaser enters upon the land to begin harvesting the
         timber on 65.2the designated cutting block.65.3    Sec. 54. Minnesota Statutes 2016, section 90.252, is amended to read:65.490.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; 65.5FEES.65.6    Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with 65.7either a timber sale permittee, or the purchaser of the cut products, or both, so
         that the scaling 65.8of the cut timber and the collection of the payment for the same can be consummated
         by 65.9the state. Such an The agreement shall must be approved as to form and content by the 65.10attorney general commissioner and shall must provide for a bond or cash in lieu of a bond 65.11and such other safeguards as are necessary to protect the interests of the state. The scaling
         65.12and payment collection procedure may be used for any state timber sale, except that
         no 65.13permittee who is also the consumer shall both cut and scale the timber sold unless
         such the65.14scaling is supervised by a state scaler.65.15    Subd. 2. Weight measurement services; fees. The commissioner may enter into an 65.16agreement with the owner or operator of any weight scale inspected, tested, and approved
         65.17under chapter 239 to provide weight measurements for the scaling of state timber according 65.18to section 
         90.251. The agreement shall must be on a form in a format prescribed by the 65.19attorney general commissioner, shall become a becomes part of the official record of any 65.20state timber permit so scaled, and shall must contain safeguards that are necessary to protect 65.21the interests of the state. Except as otherwise provided by the commissioner, the
         cost of any 65.22agreement to provide weight measurement of state timber shall must be paid by the permit 65.23holder of any state timber permit so measured and the cost shall must be included in the 65.24statement of the amount due for the permit under section 
         90.181, subdivision 1.65.25    Sec. 55. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:65.26    Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum 65.27must be approved by the Executive Council, and any other mineral lease issued pursuant
         65.28to this section that covers 160 or more acres must be approved by the Executive Council.
         65.29The rents, royalties, terms, conditions, and covenants of all such leases shall be
         fixed by 65.30the commissioner according to rules adopted by the commissioner, but no lease shall
         be for 65.31a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants
         shall 65.32be fully set forth in each lease issued. No lease shall be canceled by the state for failure to 66.1meet production requirements prior to the 36th year of the lease. The rents and royalties 66.2shall be credited to the funds as provided in section 
         93.22.66.3EFFECTIVE DATE.This section is effective the day following final enactment and 66.4applies to leases in effect or issued on or after that date.66.5    Sec. 56. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:66.6    Subd. 4. Administration and enforcement. The commissioner shall administer and 66.7enforce sections 
         93.44 to 
         93.51 and the rules adopted pursuant hereto. In so doing the 66.8commissioner may (1) conduct such investigations and inspections as the commissioner
         66.9deems necessary for the proper administration of sections 
         93.44 to 
         93.51; (2) enter upon 66.10any parts of the mining areas in connection with any such investigation and inspection
         66.11without liability to the operator or landowner provided that reasonable prior notice
         of 66.12intention to do so shall have been given the operator or landowner; (3) conduct such
         research 66.13or enter into contracts related to mining areas and the reclamation thereof as may
         be necessary 66.14to carry out the provisions of sections 
         93.46 to 
         93.50; and (4) allocate surplus wetland credits 66.15that are approved by the commissioner under a permit to mine on or after July 1, 1991,
            and 66.16that are not otherwise deposited in a state wetland bank.66.17EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.66.18    Sec. 57. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:66.19    Subd. 2. Commissioner's review; hearing; burden of proof. Within 120 days after 66.20receiving the an application, or after receiving additional information requested, or after 66.21holding a hearing as provided in this section the commissioner has deemed complete and 66.22filed, the commissioner shall grant the permit applied for, with or without modifications
         or 66.23conditions, or deny the application unless a contested case hearing is requested or ordered 66.24under section 93.483. If written objections to the proposed application are filed with the 66.25commissioner within 30 days after the last publication required pursuant to this section
         or 66.26within seven days after publication in the case of an application to conduct lean
         ore stockpile 66.27removal, by any person owning property which will be affected by the proposed operation
         66.28or by any federal, state, or local governmental agency having responsibilities affected
         by 66.29the proposed operations, a public hearing shall be held by the commissioner in the
         locality 66.30of the proposed operations within 30 days of receipt of such written objections and
         after 66.31appropriate notice and publication of the date, time, and location of the hearing.The 66.32commissioner's decision to grant the permit, with or without modifications, or deny
         the 66.33application constitutes a final order for purposes of section 93.50. The commissioner in 67.1granting a permit with or without modifications shall determine that the reclamation or 67.2restoration planned for the operation complies with lawful requirements and can be
         67.3accomplished under available technology and that a proposed reclamation or restoration
         67.4technique is practical and workable under available technology. The commissioner may 67.5hold public meetings on the application.67.6EFFECTIVE DATE.This section is effective the day following final enactment and 67.7applies to all pending applications submitted before that date.67.8    Sec. 58. [93.483] CONTESTED CASE.67.9    Subdivision 1.Petition for contested case hearing.Any person owning property that 67.10will be affected by the proposed operation or any federal, state, or local government
         having 67.11responsibilities affected by the proposed operation identified in the application
         for a permit 67.12to mine under section 93.481 may file a petition with the commissioner to hold a contested
         67.13case hearing on the completed application. To be considered by the commissioner, a
         petition 67.14must be submitted in writing, must contain the information specified in subdivision
         2, and 67.15must be submitted to the commissioner within 30 days after the application is deemed
         67.16complete and filed. In addition, the commissioner may, on the commissioner's own motion,
         67.17order a contested case hearing on the completed application.67.18    Subd. 2.Petition contents.(a) A petition for a contested case hearing must include the 67.19following information:67.20(1) a statement of reasons or proposed findings supporting the commissioner's decision
         67.21to hold a contested case hearing pursuant to the criteria in subdivision 3; and67.22(2) a statement of the issues proposed to be addressed by a contested case hearing
         and 67.23the specific relief requested or resolution of the matter.67.24(b) To the extent known by the petitioner, a petition for a contested case hearing
         may 67.25also include:67.26(1) a proposed list of prospective witnesses to be called, including experts, with
         a brief 67.27description of the proposed testimony or a summary of evidence to be presented at
         a contested 67.28case hearing;67.29(2) a proposed list of publications, references, or studies to be introduced and relied
         67.30upon at a contested case hearing; and67.31(3) an estimate of time required for the petitioner to present the matter at a contested
         67.32case hearing.68.1(c) A petitioner is not bound or limited to the witnesses, materials, or estimated
         time 68.2identified in the petition if the requested contested case is granted by the commissioner.68.3(d) Any person may serve timely responses to a petition for a contested case hearing.
         68.4The commissioner shall establish deadlines for responses to be submitted.68.5    Subd. 3.Commissioner's decision to hold hearing.(a) The commissioner must grant 68.6the petition to hold a contested case hearing or order upon the commissioner's own
         motion 68.7that a contested case hearing be held if the commissioner finds that:68.8(1) there is a material issue of fact in dispute concerning the completed application
         before 68.9the commissioner;68.10(2) the commissioner has jurisdiction to make a determination on the disputed material
         68.11issue of fact; and68.12(3) there is a reasonable basis underlying a disputed material issue of fact so that
         a 68.13contested case hearing would allow the introduction of information that would aid
         the 68.14commissioner in resolving the disputed facts in order to make a final decision on
         the 68.15completed application.68.16(b) The commissioner must make the determination of whether to grant a petition or
         68.17otherwise order a contested case hearing within 120 days after the commissioner deems
         the 68.18application complete and filed.68.19    Subd. 4.Hearing upon request of applicant.The applicant may, within 30 days after 68.20the application is deemed complete and filed, submit a request for a contested case.
         Within 68.2130 days of the applicant's request, the commissioner shall grant the petition and
         initiate the 68.22contested case hearing process.68.23    Subd. 5.Scope of hearing.If the commissioner decides to hold a contested case hearing, 68.24the commissioner shall identify the issues to be resolved and limit the scope and
         conduct 68.25of the hearing in accordance with applicable law, due process, and fundamental fairness.
         68.26The commissioner may, before granting or ordering a contested case hearing, develop
         a 68.27proposed permit or permit conditions to inform the contested case. The contested case
         68.28hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision
         68.29by the commissioner to grant, with or without modifications or conditions, or deny
         the 68.30application after a contested case shall constitute a final order for purposes of
         section 93.50.68.31EFFECTIVE DATE.This section is effective the day following final enactment and 68.32applies to all pending applications submitted before that date.69.1    Sec. 59. Minnesota Statutes 2016, section 93.50, is amended to read:69.293.50 APPEAL.69.3Any person aggrieved by any final order, ruling, or decision of the commissioner may 69.4appeal obtain judicial review of such order, ruling, or decision in the manner provided in 69.5chapter 14 under sections 14.63 to 14.69.69.6EFFECTIVE DATE.This section is effective the day following final enactment and 69.7applies to all final orders, rulings, and decisions issued after that date.69.8    Sec. 60. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:69.9    Subd. 9. Approval by attorney general commissioner. No exchange of class A land 69.10shall be consummated unless the attorney general shall have given an opinion in writing69.11commissioner determines that the title to the land proposed to be conveyed to the state is 69.12good and marketable, free from all liens and, with all encumbrances identified except 69.13reservations herein authorized. The commissioner may use title insurance to aid in the title 69.14determination. If required by the attorney general commissioner, the landowner shall must69.15submit an abstract of title and make and file with the commissioner an affidavit as
         to 69.16possession of the land, improvements, liens, and encumbrances thereon, and other matters
         69.17affecting the title.69.18    Sec. 61. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:69.19    Subd. 9. Approval of county attorney. No exchange of class B land shall be 69.20consummated unless the title to the land proposed to be exchanged therefor shall is first be69.21approved by the county attorney in like manner as provided for approval by the attorney 69.22general commissioner in case of class A land. The county attorney's opinion on the title 69.23shall be is subject to approval by the attorney general commissioner.69.24    Sec. 62. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision 69.25to read:69.26    Subd. 35a.Portable shelter."Portable shelter" means a fish house, dark house, or other 69.27shelter that is set on the ice of state waters to provide shelter and that collapses,
         folds, or is 69.28disassembled for transportation.70.1    Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:70.2    Subd. 39. Protected wild animals. "Protected wild animals" are the following wild 70.3animals: means big game, small game, game fish, rough fish, minnows, leeches, alewives, 70.4ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, 70.5turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal 70.6species listed as endangered, threatened, or of special concern in Minnesota Rules,
         chapter 70.76134, and wild animals that are protected by a restriction in the time or manner of taking,
         70.8other than a restriction in the use of artificial lights, poison, or motor vehicles.70.9    Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:70.10    Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, 70.11burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered, 70.12threatened, or of special concern in Minnesota Rules, chapter 6134.70.13    Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:70.14    Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel, 70.15cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel, 70.16long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, 70.17wolverine, muskrat, mink, otter, and beaver.70.18    Sec. 66. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:70.19    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow, blackbird,70.20starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, 70.21quail other than bobwhite quail, and mute swan.70.22    Sec. 67. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:70.23    Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals 70.24that are not protected wild animals including weasel, coyote, plains pocket gopher, porcupine, 70.25striped skunk, and unprotected birds, except any animal species listed as endangered, 70.26threatened, or of special concern in Minnesota Rules, chapter 6134.70.27    Sec. 68. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:70.28    Subd. 10. Reciprocal agreements on violations. The commissioner, with the approval 70.29of the attorney general, may enter into reciprocal agreements with game and fish authorities 70.30in other states and the United States government to provide for:71.1(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
         71.2for violations of game and fish laws committed in signatory jurisdictions which that result 71.3in license revocation in that jurisdiction;71.4(2) reporting convictions and license revocations of residents of signatory states
         for 71.5violations of game and fish laws of Minnesota to game and fish authorities in the
         71.6nonresident's state of residence; and71.7(3) release upon signature without posting of bail for residents of signatory states
         accused 71.8of game and fish law violations in this state, providing for recovery, in the resident
         71.9jurisdiction, of fines levied if the citation is not answered in this state.71.10As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture
         of bail.71.11    Sec. 69. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:71.12    Subd. 2. Receipts. The commissioner of management and budget shall credit to the 71.13game and fish fund all money received under the game and fish laws and all income
         from 71.14state lands acquired by purchase or gift for game or fish purposes, including receipts
         from:71.15(1) licenses and permits issued;71.16(2) fines and forfeited bail;71.17(3) sales of contraband, wild animals, and other property under the control of the
         division, 71.18except as provided in section 97A.225, subdivision 8, clause (2);71.19(4) fees from advanced education courses for hunters and trappers;71.20(5) reimbursements of expenditures by the division;71.21(6) contributions to the division; and71.22(7) revenue credited to the game and fish fund under section 
         297A.94, paragraph (e), 71.23clause (1).71.24    Sec. 70. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:71.25    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 71.26"deer license" means a license issued under section 
         97A.475, subdivisions 2, clauses (5), 71.27(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11),
         and (12); and 71.288, paragraph (b), and licenses issued under section 
         97B.301, subdivision 4.71.29    (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
         71.30trust fund, established in section 
         97A.4742, for each license issued under section 
         97A.473, 72.1subdivision 4
         , shall be credited to the deer management account and is appropriated to the 72.2commissioner for deer habitat improvement or deer management programs.72.3    (c) $1 from each annual deer license and each bear license and $1 annually from the
         72.4lifetime fish and wildlife trust fund, established in section 
         97A.4742, for each license issued 72.5under section 
         97A.473, subdivision 4, shall be credited to the deer and bear management 72.6account and is appropriated to the commissioner for deer and bear management programs,
         72.7including a computerized licensing system.72.8    (d) Fifty cents from each deer license is credited to the emergency deer feeding and
         wild 72.9cervidae health management account and is appropriated for emergency deer feeding
         and 72.10wild cervidae health management. Money appropriated for emergency deer feeding and
         72.11wild cervidae health management is available until expended.72.12    When the unencumbered balance in the appropriation for emergency deer feeding and
         72.13wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
         72.14unencumbered balance in excess of $2,500,000 is canceled and available for deer and
         bear 72.15management programs and computerized licensing.72.16(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
         72.17fish and wildlife trust fund established in section 97A.4742, for each license issued under 72.18section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring 72.19account under subdivision 7.72.20EFFECTIVE DATE.This section is effective July 1 of the year following the year the 72.21wolf is delisted under the federal Endangered Species Act.72.22    Sec. 71. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:72.23    Subd. 5. Portable stands.(a) Prior to the Saturday on or nearest September 16, a portable 72.24stand may be left overnight in a wildlife management area by a person with a valid
         bear 72.25license who is hunting within 100 yards of a bear bait site that is legally tagged
         and registered 72.26as prescribed under section 
         97B.425. Any person leaving a portable stand overnight under 72.27this subdivision must affix a tag with: (1) the person's name and address; (2) the
         licensee's 72.28driver's license number; or (3) the "MDNR#" license identification number issued to
         the 72.29licensee. The tag must be affixed to the stand in a manner that it can be read from
         the ground.72.30(b) From November 1 through December 31, a portable stand may be left overnight by
         72.31a person possessing a license to take deer in a wildlife management area located in
         whole 72.32or in part north and west of a line described as follows:73.1State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89;
         73.2then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid
         73.3Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County
         73.4Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County
         73.5State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to 73.6Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north
         73.7on State Trunk Highway 313 to the north boundary of the state.73.8A person leaving a portable stand overnight under this paragraph must affix a tag
         with: (1) 73.9the person's name and address; (2) the licensee's driver's license number; or (3)
         the "MDNR#" 73.10license identification number issued to the licensee. The tag must be affixed to the
         stand so 73.11that it can be read from the ground and must be made of a material sufficient to withstand
         73.12weather conditions. A person leaving a portable stand overnight in a wildlife management
         73.13area under this paragraph may not leave more than two portable stands in any one wildlife
         73.14management area. Unoccupied portable stands left overnight under this paragraph may
         be 73.15used by any member of the public. This paragraph expires December 31, 2019.73.16    Sec. 72. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:73.17    Subd. 2. Duty of county attorneys and peace officers.County attorneys and All peace 73.18officers must enforce the game and fish laws.73.19    Sec. 73. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision 73.20to read:73.21    Subd. 3.Prosecuting authority.County attorneys are the primary prosecuting authority 73.22for violations under section 97A.205, clause (5). Prosecution includes associated
         civil 73.23forfeiture actions provided by law.73.24    Sec. 74. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:73.25    Subd. 8. Proceeds of sale.After determining the expense The proceeds from the sale 73.26after payment of the costs of seizing, towing, keeping, and selling the property, the 73.27commissioner must pay the and satisfying valid liens from the proceeds according to the 73.28court order. The remaining proceeds against the property must be distributed as follows:73.29(1) 70 percent of the money or proceeds shall be deposited in the state treasury and 73.30credited to the game and fish fund; and74.1(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property
         74.2and must be forwarded to the prosecuting authority that handled the forfeiture for
         deposit 74.3as a supplement to its operating fund or similar fund for prosecutorial purposes.74.4    Sec. 75. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:74.5    Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty 74.6of a misdemeanor if that person:74.7(1) takes, buys, sells, transports or possesses a wild animal in violation of violates the 74.8game and fish laws;74.9(2) aids or assists in committing the violation;74.10(3) knowingly shares in the proceeds of the violation;74.11(4) fails to perform a duty or comply with a requirement of the game and fish laws;74.12(5) knowingly makes a false statement related to an affidavit regarding a violation
         or 74.13requirement of the game and fish laws; or74.14(6) violates or attempts to violate a rule under the game and fish laws.74.15    Sec. 76. Minnesota Statutes 2016, section 97A.338, is amended to read:74.1697A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.74.17(a) A person who takes, possesses, or transports wild animals over the legal limit, in
         74.18closed season, or without a valid license, when the restitution value of the wild
         animals is 74.19over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a 74.20violation under this section paragraph is a gross misdemeanor.74.21(b) If a wild animal involved in a gross overlimit violation is listed as a threatened
         or 74.22endangered wild animal, the penalty in paragraph (a) does not apply unless more than
         one 74.23animal is taken, possessed, or transported in violation of the game and fish laws.74.24    Sec. 77. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:74.25    Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license 74.26of a person who unlawfully takes, transports, or possesses wild animals when the restitution
         74.27value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and
         5, the 74.28person may not use or obtain any license to take the same type of wild animals involved,
         74.29including a duplicate license, until an action is taken under subdivision 6. If the
         license 74.30seized under this paragraph was for a big game animal, the license seizure applies
         to all 75.1licenses to take big game issued to the individual. If the license seized under this
         paragraph 75.2was for small game animals, the license seizure applies to all licenses to take small
         game 75.3issued to the individual.75.4(b) In addition to the license seizure under paragraph (a), if the restitution value
         of the 75.5wild animals unlawfully taken, possessed, or transported is $5,000 $1,000 or more, all other 75.6game and fish licenses held by the person shall be immediately seized. Except as provided
         75.7in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
         75.8including a duplicate license, until an action is taken under subdivision 6.75.9(c) A person may not take wild animals covered by a license seized under this subdivision
         75.10until an action is taken under subdivision 6.75.11    Sec. 78. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:75.12    Subd. 2a. Issuance after conviction; gross overlimits. (a) A person may not obtain a 75.13license to take a wild animal and is prohibited from taking wild animals for ten years
         after 75.14the date of conviction of a violation when the restitution value of the wild animals
         is $2,000 75.15or more.75.16(b) A person may not obtain a license to take a wild animal and is prohibited from taking
         75.17wild animals for a period of five years after the date of conviction of:75.18(1) a violation when the restitution value of the wild animals is $5,000 $1,000 or more, 75.19but less than $2,000; or75.20(2) a violation when the restitution value of the wild animals exceeds $500 and the
         75.21violation occurs within ten years of one or more previous license revocations under
         this 75.22subdivision.75.23(b) (c) A person may not obtain a license to take the type of wild animals involved in a
         75.24violation when the restitution value of the wild animals exceeds $500 and is prohibited
         from 75.25taking the type of wild animals involved in the violation for a period of three years after the 75.26date of conviction of a violation.75.27(c)(d) The time period of multiple revocations under paragraph (a) or (b), clause (2), 75.28shall be are consecutive and no wild animals of any kind may be taken during the entire 75.29revocation period.75.30(e) If a wild animal involved in the conviction is listed as a threatened or endangered
         75.31wild animal, the revocations under this subdivision do not apply unless more than
         one animal 75.32is taken, possessed, or transported in violation of the game and fish laws.76.1(d)(f) The court may not stay or reduce the imposition of license revocation provisions 76.2under this subdivision.76.3    Sec. 79. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:76.4    Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to 76.5issue licenses must issue, without a fee, licenses to take fish by angling or spearing
         to a 76.6resident who is:76.7(1) blind;76.8(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;76.9(3) a recipient of Social Security aid to the disabled under United States Code, title
         42, 76.10section 416, paragraph (i)(l), or section 423(d);76.11(4) a recipient of workers' compensation based on a finding of total and permanent
         76.12disability;76.13(5) 65 years of age or older and was qualified under clause (2) or (3) at the age
         of 64; 76.14or76.15(6) permanently disabled and meets the disability requirements for Supplemental Security
         76.16Income or Social Security aid to the disabled under United States Code, title 42,
         section 76.17416, paragraph (i)(l), or section 423(d);76.18(7) receiving aid under the federal Railroad Retirement Act of 1974, United States
         Code, 76.19title 45, section 231a(a)(1)(v); or76.20(8) a former employee of the United States Postal Service receiving disability pay
         under 76.21United States Code, title 5, section 8337.76.22(b) A driver's license or Minnesota identification card bearing the applicable designation
         76.23under section 
         171.07, subdivision 17, serves as satisfactory evidence to obtain a license 76.24under this subdivision at all agent locations.76.25    Sec. 80. Minnesota Statutes 2016, section 97A.473, subdivision 2, is amended to read:76.26    Subd. 2. Lifetime angling license; fee. (a) A resident lifetime angling license authorizes 76.27a person to take fish by angling in the state. The license authorizes those activities
         authorized 76.28by the annual resident angling license. The license does not include a trout-and-salmon
         76.29stamp validation, a walleye stamp validation, or other stamps required by law.76.30    (b) The fees for a resident lifetime angling license are:77.1    (1) age 3 and under, $304 $344;77.2    (2) age 4 to age 15, $415 $469;77.3    (3) age 16 to age 50, $508 $574; and77.4    (4) age 51 and over, $335 $379.77.5EFFECTIVE DATE.This section is effective March 1, 2018.77.6    Sec. 81. Minnesota Statutes 2016, section 97A.473, subdivision 2a, is amended to read:77.7    Subd. 2a. Lifetime spearing license; fee. (a) A resident lifetime spearing license 77.8authorizes a person to take fish by spearing in the state. The license authorizes
         those activities 77.9authorized by the annual resident spearing license.77.10    (b) The fees for a resident lifetime spearing license are:77.11    (1) age 3 and under, $77 $90;77.12    (2) age 4 to age 15, $106 $124;77.13    (3) age 16 to age 50, $100 $117; and77.14    (4) age 51 and over, $52 $61.77.15EFFECTIVE DATE.This section is effective March 1, 2018.77.16    Sec. 82. Minnesota Statutes 2016, section 97A.473, subdivision 2b, is amended to read:77.17    Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime angling 77.18and spearing license authorizes a person to take fish by angling or spearing in the
         state. The 77.19license authorizes those activities authorized by the annual resident angling and
         spearing 77.20licenses.77.21    (b) The fees for a resident lifetime angling and spearing license are:77.22    (1) age 3 and under, $380 $432;77.23    (2) age 4 to age 15, $509 $579;77.24    (3) age 16 to age 50, $596 $678; and77.25    (4) age 51 and over, $386 $439.77.26EFFECTIVE DATE.This section is effective March 1, 2018.78.1    Sec. 83. Minnesota Statutes 2016, section 97A.473, subdivision 4, is amended to read:78.2    Subd. 4. Lifetime deer-hunting license; fee. (a) A resident lifetime deer-hunting license 78.3authorizes a person to take deer with firearms or by archery in the state. The license
         78.4authorizes those activities authorized by the annual resident firearm deer-hunting
         license 78.5or the annual resident archery deer-hunting license. The licensee must register and
         receive 78.6tags each year that the license is used. The tags shall be issued at no charge to
         the licensee.78.7(b) The fees for a resident lifetime firearm or archery deer-hunting license are:78.8(1) age 3 and under, $406 $458;78.9(2) age 4 to age 15, $538 $607;78.10(3) age 16 to age 50, $656 $741; and78.11(4) age 51 and over, $468 $528.78.12EFFECTIVE DATE.This section is effective March 1, 2018.78.13    Sec. 84. Minnesota Statutes 2016, section 97A.473, subdivision 5, is amended to read:78.14    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license authorizes 78.15a person to take fish by angling and hunt and trap small game, other than wolves,
         in the 78.16state. The license authorizes those activities authorized by the annual resident angling
         and 78.17resident small-game-hunting licenses and the resident trapping license for fur-bearing
         78.18animals other than wolves. The license does not include a trout-and-salmon stamp validation,
         78.19a turkey stamp validation, a walleye stamp validation, or any other hunting stamps
         required 78.20by law.78.21    (b) The fees for a resident lifetime sporting license are:78.22    (1) age 3 and under, $485 $522;78.23    (2) age 4 to age 15, $659 $710;78.24    (3) age 16 to age 50, $861 $927; and78.25    (4) age 51 and over, $560 $603.78.26EFFECTIVE DATE.This section is effective March 1, 2018.78.27    Sec. 85. Minnesota Statutes 2016, section 97A.473, subdivision 5a, is amended to read:78.28    Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident lifetime 78.29sporting with spearing option license authorizes a person to take fish by angling
         or spearing 79.1and hunt and trap small game, other than wolves, in the state. The license authorizes
         those 79.2activities authorized by the annual resident angling, spearing, and resident 79.3small-game-hunting licenses and the resident trapping license for fur-bearing animals
         other 79.4than wolves. The license does not include a trout-and-salmon stamp validation, a turkey
         79.5stamp validation, a walleye stamp validation, or any other hunting stamps required
         by law.79.6(b) The fees for a resident lifetime sporting with spearing option license are:79.7(1) age 3 and under, $562 $612;79.8(2) age 4 to age 15, $765 $833;79.9(3) age 16 to age 50, $961 $1,046; and79.10(4) age 51 and over, $612 $666.79.11EFFECTIVE DATE.This section is effective March 1, 2018.79.12    Sec. 86. Minnesota Statutes 2016, section 97A.474, subdivision 2, is amended to read:79.13    Subd. 2. Nonresident lifetime angling license; fee. (a) A nonresident lifetime angling 79.14license authorizes a person to take fish by angling in the state. The license authorizes
         those 79.15activities authorized by the annual nonresident angling license. The license does
         not include 79.16a trout-and-salmon stamp validation, a walleye stamp validation, or other stamps required
         79.17by law.79.18    (b) The fees for a nonresident lifetime angling license are:79.19    (1) age 3 and under, $726 $821;79.20    (2) age 4 to age 15, $925 $1,046;79.21    (3) age 16 to age 50, $1,054 $1,191; and79.22    (4) age 51 and over, $702 $794.79.23EFFECTIVE DATE.This section is effective March 1, 2018.79.24    Sec. 87. Minnesota Statutes 2016, section 97A.475, subdivision 2, is amended to read:79.25    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents 79.26only, are:79.27    (1) for persons age 18 or over and under age 65 to take small game, $15.50;79.28    (2) for persons age 65 or over, $7 to take small game;79.29    (3) for persons age 18 or over to take turkey, $26;80.1    (4) for persons age 13 or over and under age 18 to take turkey, $5;80.2    (5) for persons age 18 or over to take deer with firearms during the regular firearms
         80.3season, $30 $34;80.4    (6) for persons age 18 or over to take deer by archery, $30 $34;80.5    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
         80.6season, $30 $34;80.7    (8) to take moose, for a party of not more than six persons, $356;80.8    (9) for persons age 18 or over to take bear, $44;80.9    (10) to take elk, for a party of not more than two persons, $287;80.10    (11) to take Canada geese during a special season, $4;80.11    (12) to take prairie chickens, $23;80.12    (13) for persons age 13 or over and under age 18 to take deer with firearms during
         the 80.13regular firearms season, $5;80.14    (14) for persons age 13 or over and under age 18 to take deer by archery, $5;80.15    (15) for persons age 13 or over and under age 18 to take deer by muzzleloader during
         80.16the muzzleloader season, $5;80.17(16) for persons age 10, 11, or 12 to take bear, no fee;80.18(17) for persons age 13 or over and under age 18 to take bear, $5;80.19(18) for persons age 18 or over to take small game for a consecutive 72-hour period
         80.20selected by the licensee, $19, of which an amount equal to: one-half of the fee for
         the 80.21migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
         80.22waterfowl habitat improvement account under section 
         97A.075, subdivision 2; one-half of 80.23the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited
         in the 80.24pheasant habitat improvement account under section 
         97A.075, subdivision 4; and one-half 80.25of the small-game surcharge under subdivision 4, shall be deposited in the wildlife
         acquisition 80.26account;80.27(19) for persons age 16 or over and under age 18 to take small game, $5;80.28(20) to take wolf, $30;80.29(21) for persons age 12 and under to take turkey, no fee;80.30(22) for persons age 10, 11, or 12 to take deer by firearm, no fee;81.1(23) for persons age 10, 11, or 12 to take deer by archery, no fee; and81.2(24) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader
         81.3season, no fee.81.4EFFECTIVE DATE.This section is effective March 1, 2018.81.5    Sec. 88. Minnesota Statutes 2016, section 97A.475, subdivision 3, is amended to read:81.6    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued to 81.7nonresidents, are:81.8    (1) for persons age 18 or over to take small game, $90.50;81.9    (2) for persons age 18 or over to take deer with firearms during the regular firearms
         81.10season, $160 $180;81.11    (3) for persons age 18 or over to take deer by archery, $160 $180;81.12    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
         81.13season, $160 $180;81.14    (5) for persons age 18 or over to take bear, $225;81.15    (6) for persons age 18 or over to take turkey, $91;81.16    (7) for persons age 13 or over and under age 18 to take turkey, $5;81.17    (8) to take raccoon or bobcat, $178;81.18    (9) to take Canada geese during a special season, $4;81.19    (10) for persons age 13 or over and under age 18 to take deer with firearms during
         the 81.20regular firearms season in any open season option or time period, $5;81.21    (11) for persons age 13 or over and under age 18 to take deer by archery, $5;81.22    (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
         81.23season, $5;81.24(13) for persons age 13 or over and under 18 to take bear, $5;81.25(14) for persons age 18 or over to take small game for a consecutive 72-hour period
         81.26selected by the licensee, $75, of which an amount equal to: one-half of the fee for
         the 81.27migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
         81.28waterfowl habitat improvement account under section 
         97A.075, subdivision 2; one-half of 81.29the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited
         in the 81.30pheasant habitat improvement account under section 
         97A.075, subdivision 4; and one-half 82.1of the small-game surcharge under subdivision 4, shall be deposited into the wildlife
         82.2acquisition account;82.3(15) for persons age 16 or 17 to take small game, $5;82.4(16) to take wolf, $250;82.5(17) for persons age 12 and under to take turkey, no fee;82.6(18) for persons age ten, 11, or 12 to take deer by firearm, no fee;82.7(19) for persons age ten, 11, or 12 to take deer by archery, no fee;82.8(20) for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader
         82.9season, no fee; and82.10(21) for persons age 10, 11, or 12 to take bear, no fee.82.11    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph
         82.12(a), clauses (1) to (6) and (8). An additional commission may not be assessed on this
         82.13surcharge.82.14EFFECTIVE DATE.This section is effective March 1, 2018.82.15    Sec. 89. Minnesota Statutes 2016, section 97A.475, subdivision 6, is amended to read:82.16    Subd. 6. Resident fishing. Fees for the following licenses, to be issued to residents only, 82.17are:82.18(1) for persons age 18 or over to take fish by angling, $22 $25;82.19(2) for persons age 18 or over to take fish by angling, for a combined license for
         a married 82.20couple, $35 $40;82.21(3) for persons age 18 or over to take fish by spearing from a dark house, $5 $6, and the 82.22person must possess an angling license;82.23(4) for persons age 18 or over to take fish by angling for a 24-hour period selected
         by 82.24the licensee, $10 $12;82.25(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
         82.26selected by the licensee, $12 $14;82.27(6) for persons age 18 or over to take fish by angling for three consecutive years,
         $6382.28$71; and82.29(7) for persons age 16 or over and under age 18 to take fish by angling, $5.83.1EFFECTIVE DATE.This section is effective March 1, 2018.83.2    Sec. 90. Minnesota Statutes 2016, section 97A.475, subdivision 7, is amended to read:83.3    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued to 83.4nonresidents, are:83.5    (1) for persons age 18 or over to take fish by angling, $40 $46;83.6    (2) for persons age 18 or over to take fish by angling limited to seven consecutive
         days 83.7selected by the licensee, $33 $38;83.8    (3) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
         83.9selected by the licensee, $27 $31;83.10    (4) for persons age 18 or over to take fish by angling for a combined license for
         a family 83.11for one or both parents and dependent children under the age of 16, $55 $63;83.12    (5) for persons age 18 or over to take fish by angling for a 24-hour period selected
         by 83.13the licensee, $12 $14;83.14    (6) to take fish by angling for a combined license for a married couple, limited to
         14 83.15consecutive days selected by one of the licensees, $43 $49;83.16(7) for persons age 18 or over to take fish by spearing from a dark house, $10 $12, and 83.17the person must possess an angling license; and83.18(8) for persons age 16 or over and under age 18 to take fish by angling, $5.83.19    (b) A $5 surcharge shall be added to all nonresident fishing licenses, except licenses
         83.20issued under paragraph (a), clauses (5) and (8). An additional commission may not
         be 83.21assessed on this surcharge.83.22EFFECTIVE DATE.This section is effective March 1, 2018.83.23    Sec. 91. Minnesota Statutes 2016, section 97A.475, subdivision 8, is amended to read:83.24    Subd. 8. Minnesota sporting; supersports. (a) The commissioner shall issue Minnesota 83.25sporting licenses to residents only. The licensee may take fish by angling and small
         game. 83.26The fee for the license is:83.27(1) for an individual, $31.50 $34.50; and83.28(2) for a combined license for a married couple to take fish and for one spouse to
         take 83.29small game, $45.50 $50.50.84.1(b) The commissioner shall issue Minnesota supersports licenses to residents only.
         The 84.2licensee may take fish by angling, including trout; small game, including pheasant
         and 84.3waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the supersports
         84.4license, including all required stamp validations is:84.5(1) for an individual age 18 or over, $86.50 $93.50; and84.6(2) for a combined license for a married couple to take fish, including the 84.7trout-and-salmon stamp validation, and for one spouse to take small game, including
         pheasant 84.8and waterfowl, and deer, $110.50 $119.50.84.9(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according
         84.10to section 
         97A.075, subdivisions 2, 3, and 4.84.11(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
         84.12according to section 
         97A.075, subdivision 1.84.13EFFECTIVE DATE.This section is effective March 1, 2018.84.14    Sec. 92. Minnesota Statutes 2016, section 97A.475, subdivision 45, is amended to read:84.15    Subd. 45. Camp Ripley archery deer hunt. The application fee for the Camp Ripley 84.16archery deer hunt is $12 $14.84.17EFFECTIVE DATE.This section is effective March 1, 2018.84.18    Sec. 93. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:84.19    Subd. 6. Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with 84.20a scope to take deer during the muzzleloader season. The scope may have magnification
         84.21capabilities.84.22    Sec. 94. Minnesota Statutes 2016, section 97B.071, is amended to read:84.2397B.071 BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE 84.24OR BLAZE PINK.84.25    (a) Except as provided in rules adopted under paragraph (c), a person may not hunt
         or 84.26trap during the open season where deer may be taken by firearms under applicable laws
         and 84.27ordinances, unless the visible portion of the person's cap and outer clothing above
         the waist, 84.28excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink84.29includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each 85.1foot square. This section does not apply to migratory-waterfowl hunters on waters
         of this 85.2state or in a stationary shooting location or to trappers on waters of this state.85.3    (b) Except as provided in rules adopted under paragraph (c), and in addition to the
         85.4requirement in paragraph (a), a person may not take small game other than turkey,
         migratory 85.5birds, raccoons, and predators, except while trapping, unless a visible portion of
         at least one 85.6article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph 85.7does not apply to a person when in a stationary location while hunting deer by archery
         or 85.8when hunting small game by falconry.85.9    (c) The commissioner may, by rule, prescribe an alternative color in cases where 85.10paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993,
         Public 85.11Law 103-141.85.12    (d) A violation of paragraph (b) shall not result in a penalty, but is punishable
         only by 85.13a safety warning.85.14    Sec. 95. Minnesota Statutes 2016, section 97B.405, is amended to read:85.1597B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.85.16    (a) The commissioner may limit the number of persons that may hunt bear in an area,
         85.17if it is necessary to prevent an overharvest or improve the distribution of hunters.
         The 85.18commissioner may establish, by rule, a method, including a drawing, to impartially
         select 85.19the hunters for an area. The commissioner shall give preference to hunters that have
         85.20previously applied and have not been selected.85.21(b) If the commissioner limits the number of persons that may hunt bear in an area
         under 85.22paragraph (a), the commissioner must reserve one permit and give first preference
         for that 85.23permit to a resident of a Minnesota veterans home.85.24    (b) (c) A person selected through a drawing must purchase a license by August 1. Any 85.25remaining available licenses not purchased shall be issued to any eligible person
         as prescribed 85.26by the commissioner on a first-come, first-served basis beginning three business days
         after 85.27August 1.85.28    Sec. 96. Minnesota Statutes 2016, section 97B.431, is amended to read:85.2997B.431 BEAR-HUNTING OUTFITTERS.85.30    (a) A person may not place bait for bear, or guide hunters to take bear, for compensation
         85.31without a bear-hunting-outfitter license. A bear-hunting outfitter is not required
         to have a 86.1license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
         86.2shall adopt rules for qualifications for issuance and administration of the licenses.86.3    (b) The commissioner shall establish a resident master bear-hunting-outfitter license
         86.4under which one person serves as the bear-hunting outfitter and one other person is
         eligible 86.5to guide and bait bear. Additional persons may be added to the license and are eligible
         to 86.6guide and bait bear under the license, provided the additional fee under section 
         97A.475, 86.7subdivision 16
         , is paid for each person added. The commissioner shall adopt rules for 86.8qualifications for issuance and administration of the licenses. The commissioner must not 86.9require a person to have certification or training in first aid or CPR to be eligible
         for a license 86.10under this section.86.11    Sec. 97. Minnesota Statutes 2016, section 97B.516, is amended to read:86.1297B.516 ELK MANAGEMENT PLAN.86.13(a) The commissioner of natural resources must adopt an elk management plan that:86.14(1) recognizes the value and uniqueness of elk;86.15(2) provides for integrated management of an elk population in harmony with the 86.16environment; and86.17(3) affords optimum recreational opportunities.86.18(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in 86.19Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size 86.20of the herd, including adoption or implementation of an elk management plan designed
         to 86.21increase an elk herd, unless the commissioner of agriculture verifies that crop and
         fence 86.22damages paid under section 
         3.7371 and attributed to the herd have not increased for at least 86.23two years.86.24(c) At least 60 days prior to implementing a plan to increase an elk herd, the 86.25commissioners of natural resources and agriculture must hold a joint public meeting
         in the 86.26county where the elk herd to be increased is located. At the meeting, the commissioners
         86.27must present evidence that crop and fence damages have not increased in the prior
         two years 86.28and must detail the practices that will be used to reduce elk conflicts with area
         landowners.86.29    Sec. 98. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:86.30    Subdivision 1. Owners and occupants may take certain animals. A person or the 86.31person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit, 87.1hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied
         by the 87.2person where the animal is causing damage. The person or the person's agent may take the 87.3animal without a license and in any manner except by poison, or artificial lights in the closed 87.4season or by poison. Raccoons may be taken under this subdivision with artificial lights 87.5during open season. A person thator the person's agent who kills mink, raccoon, bobcat, 87.6fox, opossum, muskrat, or beaver under this subdivision must notify a conservation
         officer 87.7or employee of the Fish and Wildlife Division within 24 hours after the animal is
         killed.87.8    Sec. 99. Minnesota Statutes 2016, section 97C.081, subdivision 3, is amended to read:87.9    Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person must 87.10have a permit from the commissioner to conduct a fishing contest if:87.11(1) there are more than 25 boats for open water contests, more than 150 participants
         for 87.12ice fishing contests, or more than 100 participants for shore fishing contests;87.13(2) entry fees are more than $25 per person; or87.14(3) the contest is limited to trout species.87.15(b) The commissioner shall charge a fee for the permit that recovers the costs of
         issuing 87.16the permit and of monitoring the activities allowed by the permit. Notwithstanding
         section 87.1716A.1283
         , the commissioner may, by written order published in the State Register, establish
         87.18contest permit fees. The fees are not subject to the rulemaking provisions of chapter
         14 and 87.19section 
         14.386 does not apply.87.20    (c) The commissioner may require the applicant to furnish evidence of financial 87.21responsibility in the form of a surety bond or bank letter of credit in the amount
         of $25,000 87.22if entry fees are over $25 per person, or total prizes are valued at more than $25,000,
         and 87.23if the applicant has either:87.24    (1) not previously conducted a fishing contest requiring a permit under this subdivision;
         87.25or87.26    (2) ever failed to make required prize awards in a fishing contest conducted by the
         87.27applicant.87.28    (d) The permit fee for any individual contest may not exceed the following amounts:87.29    (1) $60 $70 for an open water contest not exceeding 50 boats and without off-site 87.30weigh-in;87.31    (2) $200 $225 for an open water contest with more than 50 boats and without off-site 87.32weigh-in;88.1    (3) $250 $280 for an open water contest not exceeding 50 boats with off-site weigh-in;88.2    (4) $500 $560 for an open water contest with more than 50 boats with off-site weigh-in; 88.3or88.4    (5) $120 $135 for an ice fishing contest with more than 150 participants.88.5EFFECTIVE DATE.This section is effective March 1, 2018.88.6    Sec. 100. Minnesota Statutes 2016, section 97C.355, subdivision 2, is amended to read:88.7    Subd. 2. License required. (a) A person may not leave place a dark house, fish house, 88.8or shelter unattended, except a portable shelter, on the ice at any time between midnight 88.9and one hour before sunrise unless:88.10(1) the house or shelter is licensed; and88.11(2) has the license tag attached to the exterior in a readily visible location, except
         as 88.12provided in this subdivision.88.13(b) The commissioner must issue a tag with a dark house, fish house, or shelter license,
         88.14marked with a number to correspond with the license and the year of issue. A dark
         house, 88.15fish house, or shelter license is not required of a resident on boundary waters where
         the 88.16adjacent state does not charge a fee for the same activity.88.17    Sec. 101. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:88.18    Subd. 2a. Portable shelters.(a) A person using a portable shelter that is not identified 88.19under subdivision 1 may not leave the portable shelter unattended between midnight and 88.20sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state
         88.21waters.88.22(b) If a person leaves the portable shelter unattended any time between midnight and
         88.23one hour before sunrise or is not within 200 feet of the portable shelter, the portable
         shelter 88.24must be licensed as provided under subdivision 2.88.25    Sec. 102. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:88.26    Subd. 2. Walleye; northern pike.(a) Except as provided in paragraph (b), A person 88.27may have no more than one walleye larger than 20 inches and one northern pike larger than 88.2830 inches in possession. This subdivision does not apply to boundary waters.88.29    (b) The restrictions in paragraph (a) do not apply to boundary waters.89.1    Sec. 103. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:89.2    Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without 89.3a minnow retailer license except as provided in subdivisions 2, paragraph (d), and
         3. A 89.4person must purchase a minnow retailer license for each minnow retail outlet operated,
         89.5except as provided by subdivision 2, paragraph (d).89.6(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
         89.7vehicle used by the minnow retailer to transport more than 12 dozen minnows to the
         minnow 89.8retailer's place of business, except as provided in subdivision 3. A minnow retailer is not 89.9required to obtain a minnow retailer's vehicle license:89.10(1) as provided in subdivision 3;89.11(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
         89.12minnows purchased from a minnow dealer's place of business directly to the resort,
         possesses 89.13a detailed receipt, including the date and time of purchase, and presents the receipt
         and 89.14minnows for inspection upon request; or89.15(3) if minnows are being transported by common carrier and information is provided 89.16that allows the commissioner to find out the location of the shipment in the state.89.17    Sec. 104. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision 89.18to read:89.19    Subd. 7.Harvesting mussel shells.Live mussels may not be harvested. A person 89.20possessing a valid resident or nonresident angling license or a person not required
         to have 89.21an angling license to take fish may take and possess at any time, for personal use
         only, not 89.22more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells
         may 89.23be harvested in waters of the state where fish may be taken by angling. Mussel shells
         must 89.24be harvested by hand-picking only and may not be purchased or sold.89.25    Sec. 105. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:89.26    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have 89.27the meanings given them.89.28(b) "Board" means the Board of Water and Soil Resources.89.29(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive
         plants 89.30and noxious weeds, adjacent to all bodies of water within the state and that protects
         the 90.1water resources of the state from runoff pollution; stabilizes soils, shores, and
         banks; and 90.2protects or provides riparian corridors.90.3(d) "Buffer protection map" means buffer maps established and maintained by the 90.4commissioner of natural resources.90.5(e) "Commissioner" means the commissioner of natural resources.90.6(f) "Executive director" means the executive director of the Board of Water and Soil
         90.7Resources.90.8(g) "Local water management authority" means a watershed district, metropolitan water
         90.9management organization, or county operating separately or jointly in its role as
         local water 90.10management authority under chapter 103B or 103D.90.11(h) "Normal water level" means the level evidenced by the long-term presence of surface
         90.12water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
         90.13via hydrological models or analysis.90.14(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term90.15means public waters as used in this section applies to waters that are on the public waters 90.16inventory as provided in section 
         103G.201.90.17(j) "With jurisdiction" means a board determination that the county or watershed district
         90.18has adopted a rule, ordinance, or official controls providing procedures for the issuance
         of 90.19administrative penalty orders, enforcement, and appeals for purposes of this section
         and 90.20section 
         103B.101, subdivision 12a.90.21    Sec. 106. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:90.22    Subd. 3. Water resources riparian protection requirements on public waters and 90.23public drainage systems. (a) Except as provided in paragraph (b), landowners owning 90.24property adjacent to a water body identified and mapped on a buffer protection map
         must 90.25maintain a buffer to protect the state's water resources as follows:90.26(1) for all public waters, the more restrictive of:90.27(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
         90.28rooted vegetation; or90.29(ii) the state shoreland standards and criteria adopted by the commissioner under
         section 90.30103F.211
         ; and91.1(2) for public drainage systems established under chapter 103E , a 16.5-foot minimum
         91.2width continuous buffer as provided in section 
         103E.021, subdivision 1. The buffer vegetation 91.3shall not impede future maintenance of the ditch.91.4(b) A landowner owning property adjacent to a water body identified in a buffer protection
         91.5map and whose property is used for cultivation farming may meet the requirements under
         91.6paragraph (a) by adopting an alternative riparian water quality practice, or combination
         of 91.7structural, vegetative, and management practices, based on the Natural Resources 91.8Conservation Service Field Office Technical Guide or, common alternative practices adopted 91.9and published by the board, other practices approved by the board, or practices based on 91.10local conditions approved by the local soil and water conservation district that are
         consistent 91.11with the Field Office Technical Guide, that provide water quality protection comparable to 91.12the buffer protection for the water body that the property abuts. Included in these
         practices 91.13are retention ponds and alternative measures that prevent overland flow to the water
         resource.91.14(c) The width of a buffer on public waters must be measured from the top or crown
         of 91.15the bank. Where there is no defined bank, measurement must be from the edge of the
         normal 91.16water level. The width of the buffer on public drainage systems must be measured as
         provided 91.17in section 
         103E.021, subdivision 1.91.18(d) Upon request by a landowner or authorized agent or operator of a landowner, a
         91.19technical professional employee or contractor of the soil and water conservation district
         or 91.20its delegate may issue a validation of compliance with the requirements of this subdivision.
         91.21The soil and water conservation district validation may be appealed to the board as
         described 91.22in subdivision 9.91.23(e) Buffers or alternative water quality practices required under paragraph (a) or
         (b) 91.24must be in place on or before:91.25(1) November 1, 2017, for public waters; and91.26(2) November 1, 2018, for public drainage systems.91.27(f) Nothing in this section limits the eligibility of a landowner or authorized agent
         or 91.28operator of a landowner to participate in federal or state conservation programs,
         including 91.29enrolling or reenrolling in federal conservation programs.91.30(g) After the effective date of this section, a person planting buffers or water quality
         91.31protection practices to meet the requirements in paragraph (a) must use only seed
         mixes 91.32verified by the Department of Agriculture as consistent with chapter 18G or 21 to
         prevent 91.33contamination with Palmer amaranth or other noxious weed seeds.92.1EFFECTIVE DATE.This section is effective the day following final enactment.92.2    Sec. 107. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision 92.3to read:92.4    Subd. 8a.Constructed management facilities for storm water."Constructed 92.5management facilities for storm water" means ponds, basins, holding tanks, cisterns,
         92.6infiltration trenches and swales, or other best management practices that have been
         designed, 92.7constructed, and operated to store or treat storm water in accordance with local,
         state, or 92.8federal requirements.92.9    Sec. 108. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to 92.10read:92.11    Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a 92.12county or, watershed, or, for purposes of wetland replacement, bank service area where 80 92.13percent or more of the presettlement wetland acreage is intact and:92.14(1) ten percent or more of the current total land area is wetland; or92.15(2) 50 percent or more of the current total land area is state or federal land.92.16EFFECTIVE DATE.This section is effective the day following final enactment.92.17    Sec. 109. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to 92.18read:92.19    Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county or,92.20watershed, or, for purposes of wetland replacement, bank service area with less than 50 92.21percent of the presettlement wetland acreage intact or any county or, watershed, or bank 92.22service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."92.23EFFECTIVE DATE.This section is effective the day following final enactment.92.24    Sec. 110. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:92.25    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or 92.26partially, unless replaced by actions that provide at least equal public value under
         a 92.27replacement plan approved as provided in section 
         103G.2242, a replacement plan under a 92.28local governmental unit's comprehensive wetland protection and management plan approved
         92.29by the board under section 
         103G.2243, or, if a permit to mine is required under section 92.3093.481
         , under a mining reclamation plan approved by the commissioner under the permit 93.1to mine. Project-specific wetland replacement plans submitted as part of a project for which
         93.2a permit to mine is required and approved by the commissioner on or after July 1,
         1991, 93.3may include surplus wetland credits to be allocated by the commissioner to offset
         future 93.4mining-related wetland impacts under any permits to mine held by the permittee, the
         operator, 93.5the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant
         to an 93.6assignment under section 93.481, subdivision 5. For project-specific wetland replacement 93.7completed prior to wetland impacts authorized or conducted under a permit to mine
         within 93.8the Great Lakes and Rainy River watershed basins, those basins shall be considered
         a single 93.9watershed for purposes of determining wetland replacement ratios. Mining reclamation
         93.10plans shall apply the same principles and standards for replacing wetlands that are
         applicable 93.11to mitigation plans approved as provided in section 
         103G.2242. The commissioner must 93.12provide notice of an application for wetland replacement under a permit to mine to
         the 93.13county in which the impact is proposed and the county in which a mitigation site is
         proposed. 93.14Public value must be determined in accordance with section 
         103B.3355 or a comprehensive 93.15wetland protection and management plan established under section 
         103G.2243. Sections 93.16103G.221
          to 
         103G.2372 also apply to excavation in permanently and semipermanently 93.17flooded areas of types 3, 4, and 5 wetlands.93.18    (b) Replacement must be guided by the following principles in descending order of
         93.19priority:93.20    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
         93.21the wetland;93.22    (2) minimizing the impact by limiting the degree or magnitude of the wetland activity
         93.23and its implementation;93.24    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
         wetland 93.25environment;93.26    (4) reducing or eliminating the impact over time by preservation and maintenance 93.27operations during the life of the activity;93.28    (5) compensating for the impact by restoring a wetland; and93.29    (6) compensating for the impact by replacing or providing substitute wetland resources
         93.30or environments.93.31    For a project involving the draining or filling of wetlands in an amount not exceeding
         93.3210,000 square feet more than the applicable amount in section 
         103G.2241, subdivision 9, 94.1paragraph (a), the local government unit may make an on-site sequencing determination
         94.2without a written alternatives analysis from the applicant.94.3    (c) If a wetland is located in a cultivated field, then replacement must be accomplished
         94.4through restoration only without regard to the priority order in paragraph (b), provided
         that 94.5the altered wetland is not converted to a nonagricultural use for at least ten years.94.6    (d) If a wetland is replaced under paragraph (c), or drained under section 
         103G.2241, 94.7subdivision 2
         , paragraph (b) or (e), the local government unit may require a deed restriction 94.8that prohibits nonagricultural use for at least ten years. The local government unit
         may 94.9require the deed restriction if it determines the wetland area drained is at risk
         of conversion 94.10to a nonagricultural use within ten years based on the zoning classification, proximity
         to a 94.11municipality or full service road, or other criteria as determined by the local government
         94.12unit.94.13    (e) Restoration and replacement of wetlands must be accomplished in accordance with
         94.14the ecology of the landscape area affected and ponds that are created primarily to
         fulfill 94.15storm water management, and water quality treatment requirements may not be used to
         94.16satisfy replacement requirements under this chapter unless the design includes pretreatment
         94.17of runoff and the pond is functioning as a wetland.94.18    (f) Except as provided in paragraph (g), for a wetland or public waters wetland located
         94.19on nonagricultural land, replacement must be in the ratio of two acres of replaced
         wetland 94.20for each acre of drained or filled wetland.94.21    (g) For a wetland or public waters wetland located on agricultural land or in a greater
         94.22than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
         for 94.23each acre of drained or filled wetland.94.24    (h) Wetlands that are restored or created as a result of an approved replacement plan
         are 94.25subject to the provisions of this section for any subsequent drainage or filling.94.26    (i) Except in a greater than 80 percent area, only wetlands that have been restored
         from 94.27previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
         94.28wetlands created by dikes or dams along public or private drainage ditches, or wetlands
         94.29created by dikes or dams associated with the restoration of previously drained or
         filled 94.30wetlands may be used for wetland replacement according to rules adopted under section
         94.31103G.2242, subdivision 1
         . Modification or conversion of nondegraded naturally occurring 94.32wetlands from one type to another are not eligible for wetland replacement.95.1    (j) The Technical Evaluation Panel established under section 
         103G.2242, subdivision 95.22
         , shall ensure that sufficient time has occurred for the wetland to develop wetland
         95.3characteristics of soils, vegetation, and hydrology before recommending that the wetland
         95.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
         reason 95.5to believe that the wetland characteristics may change substantially, the panel shall
         postpone 95.6its recommendation until the wetland has stabilized.95.7    (k) This section and sections 
         103G.223 to 
         103G.2242, 
         103G.2364, and 
         103G.2365 apply 95.8to the state and its departments and agencies.95.9    (l) For projects involving draining or filling of wetlands associated with a new public
         95.10transportation project, and for projects expanded solely for additional traffic capacity,
         public 95.11transportation authorities may purchase credits from the board at the cost to the
         board to 95.12establish credits. Proceeds from the sale of credits provided under this paragraph
         are 95.13appropriated to the board for the purposes of this paragraph. For the purposes of
         this 95.14paragraph, "transportation project" does not include an airport project.95.15    (m) A replacement plan for wetlands is not required for individual projects that result
         95.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
         or 95.17replacement of a currently serviceable existing state, city, county, or town public
         road 95.18necessary, as determined by the public transportation authority, to meet state or
         federal 95.19design or safety standards or requirements, excluding new roads or roads expanded
         solely 95.20for additional traffic capacity lanes. This paragraph only applies to authorities
         for public 95.21transportation projects that:95.22    (1) minimize the amount of wetland filling or draining associated with the project
         and 95.23consider mitigating important site-specific wetland functions on site;95.24    (2) except as provided in clause (3), submit project-specific reports to the board,
         the 95.25Technical Evaluation Panel, the commissioner of natural resources, and members of
         the 95.26public requesting a copy at least 30 days prior to construction that indicate the
         location, 95.27amount, and type of wetlands to be filled or drained by the project or, alternatively,
         convene 95.28an annual meeting of the parties required to receive notice to review projects to
         be 95.29commenced during the upcoming year; and95.30    (3) for minor and emergency maintenance work impacting less than 10,000 square feet,
         95.31submit project-specific reports, within 30 days of commencing the activity, to the
         board 95.32that indicate the location, amount, and type of wetlands that have been filled or
         drained.95.33    Those required to receive notice of public transportation projects may appeal 95.34minimization, delineation, and on-site mitigation decisions made by the public transportation
         96.1authority to the board according to the provisions of section 
         103G.2242, subdivision 9. The 96.2Technical Evaluation Panel shall review minimization and delineation decisions made
         by 96.3the public transportation authority and provide recommendations regarding on-site
         mitigation 96.4if requested to do so by the local government unit, a contiguous landowner, or a member
         96.5of the Technical Evaluation Panel.96.6    Except for state public transportation projects, for which the state Department of
         96.7Transportation is responsible, the board must replace the wetlands, and wetland areas
         of 96.8public waters if authorized by the commissioner or a delegated authority, drained
         or filled 96.9by public transportation projects on existing roads.96.10    Public transportation authorities at their discretion may deviate from federal and
         state 96.11design standards on existing road projects when practical and reasonable to avoid
         wetland 96.12filling or draining, provided that public safety is not unreasonably compromised.
         The local 96.13road authority and its officers and employees are exempt from liability for any tort
         claim 96.14for injury to persons or property arising from travel on the highway and related to
         the 96.15deviation from the design standards for construction or reconstruction under this
         paragraph. 96.16This paragraph does not preclude an action for damages arising from negligence in
         96.17construction or maintenance on a highway.96.18    (n) If a landowner seeks approval of a replacement plan after the proposed project
         has 96.19already affected the wetland, the local government unit may require the landowner
         to replace 96.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
         required.96.21    (o) A local government unit may request the board to reclassify a county or watershed
         96.22on the basis of its percentage of presettlement wetlands remaining. After receipt
         of 96.23satisfactory documentation from the local government, the board shall change the 96.24classification of a county or watershed. If requested by the local government unit,
         the board 96.25must assist in developing the documentation. Within 30 days of its action to approve
         a 96.26change of wetland classifications, the board shall publish a notice of the change
         in the 96.27Environmental Quality Board Monitor.96.28    (p) One hundred citizens who reside within the jurisdiction of the local government
         unit 96.29may request the local government unit to reclassify a county or watershed on the basis
         of 96.30its percentage of presettlement wetlands remaining. In support of their petition,
         the citizens 96.31shall provide satisfactory documentation to the local government unit. The local government
         96.32unit shall consider the petition and forward the request to the board under paragraph
         (o) or 96.33provide a reason why the petition is denied.96.34EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.97.1    Sec. 111. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:97.2    Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to Impacted 97.3wetlands outside of a greater than 80 percent area must not be replaced in a 50 togreater 97.4than 80 percent area or in a less than 50 percent area. Impacted wetlands in a less than 50 97.5percent area must be replaced in a less than 50 percent area. All wetland replacement must 97.6follow this priority order:97.7    (1) on site or in the same minor watershed as the impacted wetland;97.8    (2) in the same watershed as the impacted wetland;97.9    (3) in the same county or wetland bank service area as the impacted wetland; and97.10    (4) in another wetland bank service area.97.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
         97.12complete wetland banking application submitted to a local government unit by April
         1, 97.131996, may be used to replace wetland impacts resulting from public transportation
         projects 97.14statewide.97.15    (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
         97.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted
         under 97.17section 
         103G.2242, subdivision 1.97.18    (d) When reasonable, practicable, and environmentally beneficial replacement 97.19opportunities are not available in siting priorities listed in paragraph (a), the
         applicant may 97.20seek opportunities at the next level.97.21    (e) For the purposes of this section, "reasonable, practicable, and environmentally
         97.22beneficial replacement opportunities" are defined as opportunities that:97.23    (1) take advantage of naturally occurring hydrogeomorphological conditions and require
         97.24minimal landscape alteration;97.25    (2) have a high likelihood of becoming a functional wetland that will continue in
         97.26perpetuity;97.27    (3) do not adversely affect other habitat types or ecological communities that are
         97.28important in maintaining the overall biological diversity of the area; and97.29    (4) are available and capable of being done after taking into consideration cost,
         existing 97.30technology, and logistics consistent with overall project purposes.98.1    (f) Regulatory agencies, local government units, and other entities involved in wetland
         98.2restoration shall collaborate to identify potential replacement opportunities within
         their 98.3jurisdictional areas.98.4    (g) The board must establish wetland replacement ratios and wetland bank service area
         98.5priorities to implement the siting and targeting of wetland replacement and encourage
         the 98.6use of high priority areas for wetland replacement.98.7(h) Wetland replacement sites identified in accordance with the priority order for
         98.8replacement siting in paragraph (a) as part of the completion of an adequate environmental
         98.9impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
         98.10or 103G.2243 without further modification related to the priority order, notwithstanding
         98.11availability of new mitigation sites or availability of credits after completion of
         an adequate 98.12environmental impact statement. Wetland replacement plan applications must be submitted
         98.13within one year of the adequacy determination of the environmental impact statement
         to be 98.14eligible for approval under this paragraph.98.15EFFECTIVE DATE.This section is effective the day following final enactment.98.16    Sec. 112. Minnesota Statutes 2016, section 103G.223, is amended to read:98.17103G.223 CALCAREOUS FENS.98.18(a) Calcareous fens, as identified by the commissioner by written order published in the
         98.19State Register, may not be filled, drained, or otherwise degraded, wholly or partially,
         by 98.20any activity, unless the commissioner, under an approved management plan, decides
         some 98.21alteration is necessary or as provided in paragraph (b). Identifications made by the 98.22commissioner are not subject to the rulemaking provisions of chapter 14 and section
         
         14.38698.23does not apply.98.24(b) The commissioner may allow water appropriations that result in temporary reductions
         98.25in groundwater resources on a seasonal basis under an approved calcareous fen management
         98.26plan.98.27    Sec. 113. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:98.28    Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt 98.29rules governing the approval of wetland value replacement plans under this section
         and 98.30public-waters-work permits affecting public waters wetlands under section 
         103G.245. These 98.31rules must address the criteria, procedure, timing, and location of acceptable replacement
         98.32of wetland values and may address the state establishment and administration of a
         wetland 99.1banking program for public and private projects, including provisions for an in-lieu
         fee 99.2program; the administrative, monitoring, and enforcement procedures to be used; and
         a 99.3procedure for the review and appeal of decisions under this section. In the case of
         peatlands, 99.4the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
         99.5established by the board must conform with Code of Federal Regulations, title 33,
         section 99.6332.8, as amended.99.7(b) After the adoption of the rules, a replacement plan must be approved by a resolution
         99.8of the governing body of the local government unit, consistent with the provisions
         of the 99.9rules or a comprehensive wetland protection and management plan approved under section
         99.10103G.2243
         .99.11(c) If the local government unit fails to apply the rules, or fails to implement a
         local 99.12comprehensive wetland protection and management plan established under section 99.13103G.2243
         , the government unit is subject to penalty as determined by the board.99.14(d) When making a determination under rules adopted pursuant to this subdivision on
         99.15whether a rare natural community will be permanently adversely affected, consideration
         of 99.16measures to mitigate any adverse effect on the community must be considered.99.17    Sec. 114. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:99.18    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type 99.19of a wetland shall be submitted to and determined by a Technical Evaluation Panel
         after an 99.20on-site inspection. The Technical Evaluation Panel shall be composed of a technical
         99.21professional employee of the board, a technical professional employee of the local
         soil and 99.22water conservation district or districts, a technical professional with expertise
         in water 99.23resources management appointed by the local government unit, and a technical professional
         99.24employee of the Department of Natural Resources for projects affecting public waters
         or 99.25wetlands adjacent to public waters. The panel shall use the "United States Army Corps
         of 99.26Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary
         99.27guidance, and replacements, if any, "Wetlands of the United States" (United States
         Fish and 99.28Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
         99.29Habitats of the United States" (1979 edition). The panel shall provide the wetland
         99.30determination and recommendations on other technical matters to the local government
         unit 99.31that must approve a replacement plan, sequencing, exemption determination, no-loss
         99.32determination, or wetland boundary or type determination and may recommend approval
         99.33or denial of the plan. The authority must consider and include the decision of the
         Technical 99.34Evaluation Panel in their approval or denial of a plan or determination.100.1(b) A member of the Technical Evaluation Panel that has a financial interest in a
         wetland 100.2bank or management responsibility to sell or make recommendations in their official
         capacity 100.3to sell credits from a publicly owned wetland bank must disclose that interest, in
         writing, 100.4to the Technical Evaluation Panel and the local government unit.100.5    (b) (c) Persons conducting wetland or public waters boundary delineations or type 100.6determinations are exempt from the requirements of chapter 326. The board may develop
         100.7a professional wetland delineator certification program.100.8(c) (d) The board must establish an interagency team to assist in identifying and evaluating
         100.9potential wetland replacement sites. The team must consist of members of the Technical
         100.10Evaluation Panel and representatives from the Department of Natural Resources; the
         Pollution 100.11Control Agency; the United States Army Corps of Engineers, St. Paul district; and
         other 100.12organizations as determined by the board.100.13    Sec. 115. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:100.14    Subdivision 1. Authority; orders. (a) The commissioner of natural resources, 100.15conservation officers, and peace officers shall enforce laws preserving and protecting
         100.16groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
         100.17a conservation officer, or a peace officer may issue a cease and desist order to stop
         any 100.18illegal activity adversely affecting groundwater quantity, a wetland, or public waters.100.19(b) In the order, or by separate order, the commissioner, conservation officer, or
         peace 100.20officer may require restoration or replacement of the wetland or public waters, as
         determined 100.21by the local soil and water conservation district for wetlands and the commissioner
         of natural 100.22resources for public waters. Restoration or replacement orders may be recorded or
         filed in 100.23the office of the county recorder or registrar of titles, as appropriate, in the county
         where 100.24the real property is located by the commissioner of natural resources, conservation
         officers, 100.25or peace officers as a deed restriction on the property that runs with the land and
         is binding 100.26on the owners, successors, and assigns until the conditions of the order are met or
         the order 100.27is rescinded. Notwithstanding section 
         386.77, the agency shall pay the applicable filing fee 100.28for any document filed under this section.100.29(c) If a court has ruled that there has not been a violation of the restoration or
         replacement 100.30order, an order may not be recorded or filed under this section.100.31(d) The commissioner must remove a deed restriction filed or recorded under this section
         100.32on homesteaded property if the owner requests that it be removed and a court has found
         100.33that the owner of the property is not guilty or that there has not been a violation
         of the 101.1restoration or replacement order. Within 30 days of receiving the request for removal
         from 101.2the owner, the commissioner must contact, in writing, the office of the county recorder
         or 101.3registrar of titles where the order is recorded or filed, along with all applicable
         fees, and 101.4have the order removed. Within 30 days of receiving notification from the office of
         the 101.5county recorder or registrar of titles that the order has been removed, the commissioner
         101.6must inform the owner that the order has been removed and provide the owner with a
         copy 101.7of any documentation provided by the office of the county recorder or registrar of
         titles.101.8    Sec. 116. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:101.9    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a 101.10person, partnership, or association, private or public corporation, county, municipality,
         or 101.11other political subdivision of the state may not appropriate or use waters of the
         state without 101.12a water-use permit from the commissioner.101.13(b) This section does not apply to the following water uses:101.14(1) use for a water supply by less than 25 persons for domestic purposes, except as 101.15required by the commissioner under section 
         103G.287, subdivision 4, paragraph (b).;101.16(2) nonconsumptive diversion of a surface water of the state from its natural channel
         for 101.17the production of hydroelectric or hydromechanical power at structures that were in
         existence 101.18on and before July 1, 1937, including repowering, upgrades, or additions to those
         facilities; 101.19or101.20(3) appropriation or use of storm water collected and used to reduce storm-water runoff
         101.21volume, treat storm water, or sustain groundwater supplies when water is extracted
         from 101.22constructed management facilities for storm water.101.23(c) The commissioner may issue a state general permit for appropriation of water to
         a 101.24governmental subdivision or to the general public. The general permit may authorize
         more 101.25than one project and the appropriation or use of more than one source of water. Water-use
         101.26permit processing fees and reports required under subdivision 6 and section 
         103G.281, 101.27subdivision 3
         , are required for each project or water source that is included under a general 101.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons
         annually.101.29    Sec. 117. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:101.30    Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b) 101.31to (g), a water-use permit processing fee must be prescribed by the commissioner in
         101.32accordance with the schedule of fees in this subdivision for each water-use permit
         in force 102.1at any time during the year. Fees collected under this paragraph are credited to the
         water 102.2management account in the natural resources fund. The schedule is as follows, with
         the 102.3stated fee in each clause applied to the total amount appropriated:102.4    (1) $140 for amounts not exceeding 50,000,000 gallons per year;102.5    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
         102.6than 100,000,000 gallons per year;102.7    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
         than 102.8150,000,000 gallons per year;102.9    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
         102.10than 200,000,000 gallons per year;102.11    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
         than 102.12250,000,000 gallons per year;102.13    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
         102.14than 300,000,000 gallons per year;102.15    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
         than 102.16350,000,000 gallons per year;102.17    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
         102.18than 400,000,000 gallons per year;102.19    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
         than 102.20450,000,000 gallons per year;102.21    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
         less 102.22than 500,000,000 gallons per year; and102.23    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.102.24    (b) For once-through cooling systems, a water-use processing fee must be prescribed
         102.25by the commissioner in accordance with the following schedule of fees for each water-use
         102.26permit in force at any time during the year:102.27    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and102.28    (2) for all other users, $420 per 1,000,000 gallons.102.29    (c) The fee is payable based on the amount of water appropriated during the year and,
         102.30except as provided in paragraph (f), the minimum fee is $100.102.31    (d) For water-use processing fees other than once-through cooling systems:103.1    (1) the fee for a city of the first class may not exceed $250,000 per year;103.2    (2) the fee for other entities for any permitted use may not exceed:103.3    (i) $60,000 per year for an entity holding three or fewer permits;103.4    (ii) $90,000 per year for an entity holding four or five permits; or103.5    (iii) $300,000 per year for an entity holding more than five permits;103.6    (3) the fee for agricultural irrigation may not exceed $750 per year;103.7    (4) the fee for a municipality that furnishes electric service and cogenerates steam
         for 103.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration
         103.9of electricity and steam; and103.10(5) the fee for a facility that temporarily diverts a water of the state from its
         natural 103.11channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
         103.12year. A permit for such a facility does not count toward the number of permits held
         by an 103.13entity as described in paragraph (d); and103.14    (5) (6) no fee is required for a project involving the appropriation of surface water to
         103.15prevent flood damage or to remove flood waters during a period of flooding, as determined
         103.16by the commissioner.103.17    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of
         ten 103.18percent per month calculated from the original due date must be imposed on the unpaid
         103.19balance of fees remaining 30 days after the sending of a second notice of fees due.
         A fee 103.20may not be imposed on an agency, as defined in section 
         16B.01, subdivision 2, or federal 103.21governmental agency holding a water appropriation permit.103.22    (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
         103.23land is $20 for years in which:103.24    (1) there is no appropriation of water under the permit; or103.25    (2) the permit is suspended for more than seven consecutive days between May 1 and
         103.26October 1.103.27(g) The commissioner shall waive the water-use permit fee for installations and projects
         103.28that use storm water runoff or where public entities are diverting water to treat
         a water 103.29quality issue and returning the water to its source without using the water for any
         other 103.30purpose, unless the commissioner determines that the proposed use adversely affects
         surface 103.31water or groundwater.104.1    (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph
         104.2(a) shall be applied to the volume of water used in each of the months of June, July,
         and 104.3August that exceeds the volume of water used in January for municipal water use, irrigation
         104.4of golf courses, and landscape irrigation. The surcharge for municipalities with more
         than 104.5one permit shall be determined based on the total appropriations from all permits
         that supply 104.6a common distribution system.104.7    Sec. 118. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:104.8    Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water 104.9without a required permit under subdivision 1 must pay the applicable water-use permit
         104.10processing fee specified in subdivision 6 for the period during which the unpermitted
         104.11appropriation occurred. The fees for unpermitted appropriations are required for the
         previous 104.12seven calendar years after being notified of the need for a permit. This fee is in
         addition to 104.13any other fee or penalty assessed. The commissioner may waive payment of fees for
         past 104.14unpermitted appropriations for a residential system permitted under subdivision 5,
         paragraph 104.15(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water
         of 104.16the state from its natural channel.104.17    Sec. 119. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:104.18    Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive 104.19owner of real property if the permittee conveys the real property where the source
         of water 104.20is located. The new owner must notify the commissioner immediately after the conveyance
         104.21and request transfer of the permit. The commissioner must not deny the transfer of a permit 104.22if the permittee is in compliance with all permit conditions and the permit meets
         the 104.23requirements of sections 103G.255 to 103G.301.104.24    Sec. 120. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:104.25    Subdivision 1. Applications for groundwater appropriations; preliminary well 104.26construction approval. (a) Groundwater use permit applications are not complete until the 104.27applicant has supplied:104.28(1) a water well record as required by section 
         103I.205, subdivision 9, information on 104.29the subsurface geologic formations penetrated by the well and the formation or aquifer
         that 104.30will serve as the water source, and geologic information from test holes drilled to
         locate the 104.31site of the production well;104.32(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;105.1(3) information on groundwater quality in terms of the measures of quality commonly
         105.2specified for the proposed water use and details on water treatment necessary for
         the proposed 105.3use;105.4(4) the results of an aquifer test completed according to specifications approved
         by the 105.5commissioner. The test must be conducted at the maximum pumping rate requested in
         the 105.6application and for a length of time adequate to assess or predict impacts to other
         wells and 105.7surface water and groundwater resources. The permit applicant is responsible for all
         costs 105.8related to the aquifer test, including the construction of groundwater and surface
         water 105.9monitoring installations, and water level readings before, during, and after the aquifer
         test; 105.10and105.11(5) the results of any assessments conducted by the commissioner under paragraph (c).105.12(b) The commissioner may waive an application requirement in this subdivision if the
         105.13information provided with the application is adequate to determine whether the proposed
         105.14appropriation and use of water is sustainable and will protect ecosystems, water quality,
         105.15and the ability of future generations to meet their own needs.105.16(c) The commissioner shall provide an assessment of a proposed well needing a 105.17groundwater appropriation permit. The commissioner shall evaluate the information
         submitted 105.18as required under section 
         103I.205, subdivision 1, paragraph (f), and determine whether the 105.19anticipated appropriation request is likely to meet the applicable requirements of
         this chapter. 105.20If the appropriation request is likely to meet applicable requirements, the commissioner
         105.21shall provide the person submitting the information with a letter providing preliminary
         105.22approval to construct the well and the requirements, including test-well information, that 105.23will be needed to obtain the permit.105.24(d) The commissioner must provide an applicant denied a groundwater use permit or
         105.25issued a groundwater use permit that is reduced or restricted from the original request
         with 105.26all information the commissioner used in making the determination, including hydrographs,
         105.27flow tests, aquifer tests, topographic maps, field reports, photographs, and proof
         of equipment 105.28calibration.105.29    Sec. 121. Minnesota Statutes 2016, section 103G.411, is amended to read:105.30103G.411 STIPULATION OF LOW-WATER MARK.105.31If the state is a party in a civil action relating to the navigability or ownership
         of the bed 105.32of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval 105.33of the attorney general, may agree by written stipulation with a riparian owner who is a 106.1party to the action on the location of the ordinary low-water mark on the riparian
         land of 106.2the party. After the stipulation is executed by all parties, it must be presented
         to the judge 106.3of the district court where the action is pending for approval. If the stipulation
         is approved, 106.4the judge shall make and enter an order providing that the final judgment when entered
         shall 106.5conform to the location of the ordinary, low-water mark as provided for in the stipulation
         106.6as it relates to the parties to the stipulation.106.7    Sec. 122. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision 106.8to read:106.9    Subd. 6.Impaired waters list; public notice and process.The commissioner of the 106.10Pollution Control Agency must allow at least 60 days for public comment after publishing
         106.11the draft impaired waters list required under the federal Clean Water Act. In making
         106.12impairment designations, the Pollution Control Agency must use available water-quality
         106.13data that takes into consideration recent relevant pollutant reductions resulting
         from controls 106.14on municipal point sources and nonpoint sources.106.15    Sec. 123. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED 106.16WASTEWATER TREATMENT FACILITIES.106.17    Subdivision 1.Definitions.For the purpose of this section, the following terms have 106.18the meanings given:106.19(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
         106.20or state disposal system (SDS) permit; and106.21(2) "permit applicant" means a person or entity submitting an application for a new
         106.22permit or renewal, modification, or revocation of an existing permit for a publicly
         owned 106.23wastewater treatment facility.106.24    Subd. 2.Applicability.This section applies to all draft permits and permits for publicly 106.25owned wastewater treatment facilities for which the commissioner of the Pollution
         Control 106.26Agency makes a preliminary determination whether to issue or deny.106.27    Subd. 3.Notice requirements.The commissioner of the Pollution Control Agency must 106.28provide a permit applicant with a copy of the draft permit and any fact sheets required
         by 106.29agency rules at least 30 days before the distribution and public notice of the permit
         application 106.30and preliminary determination.106.31    Subd. 4.Permitting efficiency.The commissioner must prepare and issue a public 106.32notice of a completed application and the commissioner's preliminary determination
         as to 107.1whether the permit should be issued or denied. The public comment period must be at
         least 107.260 days for permit applications under this section. Notwithstanding section 116.03,
         it is the 107.3goal of the state that Tier 2 permits for publicly owned wastewater treatment facilities
         be 107.4issued or denied within 210 days following submission of a permit application.107.5    Sec. 124. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:107.6    Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions 107.7in sections 
         115A.03 and 
         115B.02 apply to sections 
         115B.39 to 
         115B.445, except as 107.8specifically modified in this subdivision.107.9(b) "Cleanup order" means a consent order between responsible persons and the agency
         107.10or an order issued by the United States Environmental Protection Agency under section
         106 107.11of the federal Superfund Act.107.12(c) "Closure" means actions to prevent or minimize the threat to public health and
         the 107.13environment posed by a mixed municipal solid waste disposal facility that has stopped
         107.14accepting waste by controlling the sources of releases or threatened releases at the
         facility. 107.15"Closure" includes removing contaminated equipment and liners; applying final cover;
         107.16grading and seeding final cover; installing wells, borings, and other monitoring devices;
         107.17constructing groundwater and surface water diversion structures; and installing gas
         control 107.18systems and site security systems, as necessary. The commissioner may authorize use
         of 107.19final cover that includes processed materials that meet the requirements in Code of
         Federal 107.20Regulations, title 40, section 503.32, paragraph (a).107.21(d) "Closure upgrade" means construction activity that will, at a minimum, modify
         an 107.22existing cover so that it satisfies current rule requirements for mixed municipal
         solid waste 107.23land disposal facilities.107.24(e) "Contingency action" means organized, planned, or coordinated courses of action
         to 107.25be followed in case of fire, explosion, or release of solid waste, waste by-products,
         or 107.26leachate that could threaten human health or the environment.107.27(f) "Corrective action" means steps taken to repair facility structures including
         liners, 107.28monitoring wells, separation equipment, covers, and aeration devices and to bring
         the facility 107.29into compliance with design, construction, groundwater, surface water, and air emission
         107.30standards.107.31(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and
         107.32monitoring of closure actions at a mixed municipal solid waste disposal facility after
         107.33completion of the postclosure period.108.1(h) "Decomposition gases" means gases produced by chemical or microbial activity 108.2during the decomposition of solid waste.108.3(h) (i) "Dump materials" means nonhazardous mixed municipal solid wastes disposed 108.4at a Minnesota waste disposal site other than a qualified facility prior to 1973.108.5(i) (j) "Environmental response action" means response action at a qualified facility or 108.6priority qualified facility, including corrective action, closure, postclosure care; contingency 108.7action; environmental studies, including remedial investigations and feasibility studies;
         108.8engineering, including remedial design; removal; remedial action; site construction;
         and 108.9other similar cleanup-related activities.108.10(j) (k) "Environmental response costs" means:108.11(1) costs of environmental response action, not including legal or administrative
         expenses; 108.12and108.13(2) costs required to be paid to the federal government under section 107(a) of the
         federal 108.14Superfund Act, as amended.108.15(l) "Owner or operator of a priority qualified facility" means a person, personal
         108.16representative, trustee, beneficiary, partnership, sole proprietorship, firm, limited
         liability 108.17company, cooperative, association, corporation, or other entity that:108.18(1) has possession of, holds title to, or owns a controlling interest in a priority
         qualified 108.19facility;108.20(2) participates in decision making related to compliance with federal and state 108.21environmental laws and regulations for a priority qualified facility; or108.22(3) has authority or control to make decisions regarding state and federal environmental
         108.23laws and regulations for a priority qualified facility.108.24(m) "Priority qualified facility" means:108.25(1) a qualified facility:108.26(i) that is listed on the National Priorities List pursuant to the federal Comprehensive
         108.27Environmental Response, Compensation, and Liability Act;108.28(ii) that is listed on the Permanent List of Priorities pursuant to the Minnesota
         108.29Environmental Response and Liability Act;109.1(iii) for which a binding agreement pursuant to section 115B.40, subdivision 4, has
         not 109.2been entered into between the owner or operator of the qualified facility and the
         109.3commissioner; and109.4(iv) that is not an excluded facility pursuant to section 115B.405; and109.5(2) property located within 750 feet from the boundary of a facility described in
         clause 109.6(1), including any contiguous property:109.7(i) that is listed on the Permanent List of Priorities pursuant to the Minnesota 109.8Environmental Response and Liability Act, as of the effective date of this section;109.9(ii) where mixed municipal solid waste was disposed of within the boundaries of the
         109.10property, which disposal did not occur under a permit from the agency; and109.11(iii) for which the commissioner determines an environmental response action is necessary
         109.12to protect public health or welfare or the environment at and in the vicinity of the
         facility 109.13described in clause (1).109.14(k) (n) "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
         109.15and monitoring of closure actions at a mixed municipal solid waste disposal facility.109.16(l) (o) "Qualified facility" means a mixed municipal solid waste disposal facility as 109.17described in the most recent agency permit, including adjacent property used for solid
         waste 109.18disposal that did not occur under a permit from the agency, that:109.19(1)(i) is or was permitted by the agency;109.20(ii) stopped accepting solid waste, except demolition debris, for disposal by April
         9, 109.211994; and109.22(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
         109.23demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
         109.24of demolition debris is allowed, if the area where the demolition debris is deposited
         is at 109.25least 50 feet from the fill boundary of the area where mixed municipal solid waste
         was 109.26deposited; or109.27(2) is or was permitted by the agency; and109.28(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
         109.29waste, and municipal solid waste combustor ash may be accepted until January 1, 2001,
         at 109.30a permitted area where disposal of such waste is allowed, if the area where the waste
         is 109.31deposited is at least 50 feet from the fill boundary of the area where mixed municipal
         solid 109.32waste was deposited; or110.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
         110.2all applicable recycling goals in section 
         115A.551 and that has arranged for all mixed 110.3municipal solid waste generated in the county to be delivered to and processed by
         a resource 110.4recovery facility located in the county for at least 20 years; or110.5(3) is or was permitted by the agency and stopped accepting waste for disposal by
         January 110.61, 2009, and for which the postclosure care period ended on July 26, 2013.110.7EFFECTIVE DATE.This section is effective the day following final enactment.110.8    Sec. 125. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:110.9    Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator 110.10of a qualified facility that is not subject to a cleanup order shall:110.11(1) complete closure activities at the facility, or enter into a binding agreement
         with the 110.12commissioner to do so, as provided in paragraph (e), within one year from the date
         the 110.13owner or operator is notified by the commissioner under subdivision 3 of the closure
         activities 110.14that are necessary to properly close the facility in compliance with facility's permit,
         closure 110.15orders, or enforcement agreement with the agency, and with the solid waste rules in
         effect 110.16at the time the facility stopped accepting waste;110.17(2) undertake or continue postclosure and custodial care at the facility until the date of 110.18notice of compliance under subdivision 7;110.19(3) in the case of qualified facilities defined in section 
         115B.39, subdivision 2, paragraph 110.20(l) (o), clause (1), transfer to the commissioner of revenue for deposit in the remediation
         110.21fund established in section 
         116.155 any funds required for proof of financial responsibility 110.22under section 
         116.07, subdivision 4h, that remain after facility closure and any postclosure 110.23care and response action undertaken by the owner or operator at the facility including,
         if 110.24proof of financial responsibility is provided through a letter of credit or other
         financial 110.25instrument or mechanism that does not accumulate money in an account, the amount that
         110.26would have accumulated had the owner or operator utilized a trust fund, less any amount
         110.27used for closure, postclosure care, and response action at the facility; and110.28(4) in the case of qualified facilities defined in section 
         115B.39, subdivision 2, paragraph 110.29(l) (o), clause (2), transfer to the commissioner of revenue for deposit in the remediation
         110.30fund established in section 
         116.155 an amount of cash that is equal to the sum of their 110.31approved current contingency action cost estimate and the present value of their approved
         110.32estimated remaining postclosure care costs required for proof of financial responsibility
         110.33under section 
         116.07, subdivision 4h.; and111.1(5) in the case of qualified facilities defined in section 115B.39, subdivision 2,
         paragraph 111.2(o), clause (3), transfer to the commissioner of revenue for deposit in the remediation
         fund 111.3established in section 116.155 an amount of cash that is equal to the sum of their
         approved 111.4current contingency action cost estimate and any funds required for proof of financial
         111.5responsibility under section 116.07, subdivision 4h, that remain after facility closure
         and 111.6any postclosure and custodial care and response action undertaken by the owner or
         operator 111.7at the facility.111.8(b) The owner or operator of a qualified facility that is not subject to a cleanup
         order 111.9shall:111.10(1) in the case of qualified facilities defined in section 
         115B.39, subdivision 2, paragraph 111.11(l) (o), clause (1), provide the commissioner with a copy of all applicable comprehensive
         111.12general liability insurance policies and other liability policies relating to property
         damage, 111.13certificates, or other evidence of insurance coverage held during the life of the
         facility; and111.14(2) enter into a binding agreement with the commissioner to:111.15(i) in the case of qualified facilities defined in section 
         115B.39, subdivision 2, paragraph 111.16(l) (o), clause (1), take any actions necessary to preserve the owner or operator's rights
         to 111.17payment or defense under insurance policies included in clause (1); cooperate with
         the 111.18commissioner in asserting claims under the policies; and, within 60 days of a request
         by 111.19the commissioner, but no earlier than July 1, 1996, assign only those rights under
         the policies 111.20related to environmental response costs;111.21(ii) cooperate with the commissioner or other persons acting at the direction of the
         111.22commissioner in taking additional environmental response actions necessary to address
         111.23releases or threatened releases and to avoid any action that interferes with environmental
         111.24response actions, including allowing entry to the property and to the facility's records
         and 111.25allowing entry and installation of equipment; and111.26(iii) refrain from developing or altering the use of property described in any permit
         for 111.27the facility except after consultation with the commissioner and in conformance with
         any 111.28conditions established by the commissioner for that property, including use restrictions,
         to 111.29protect public health and welfare and the environment.111.30(c) The owner or operator of a qualified facility defined in section 
         115B.39, subdivision 111.312
         , paragraph (l) (o), clause (1), that is a political subdivision may use a portion of any funds 111.32established for response at the facility, which are available directly or through
         a financial 111.33instrument or other financial arrangement, for closure or postclosure care at the
         facility if 112.1funds available for closure or postclosure care are inadequate and shall assign the
         rights to 112.2any remainder to the commissioner.112.3(d) The agreement required in paragraph (b), clause (2), must be in writing and must
         112.4apply to and be binding upon the successors and assigns of the owner. The owner shall
         112.5record the agreement, or a memorandum approved by the commissioner that summarizes
         112.6the agreement, with the county recorder or registrar of titles of the county where
         the property 112.7is located.112.8(e) A binding agreement entered into under paragraph (a), clause (1), may include
         a 112.9provision that the owner or operator will reimburse the commissioner for the costs
         of closing 112.10the facility to the standard required in that clause.112.11EFFECTIVE DATE.This section is effective the day following final enactment.112.12    Sec. 126. [115B.406] PRIORITY QUALIFIED FACILITIES.112.13    Subdivision 1.Legislative findings.The legislature recognizes the need to protect the 112.14public health and welfare and the environment at priority qualified facilities. To
         implement 112.15a timely and effective cleanup and prevent multiparty litigation, the legislature
         finds it is in 112.16the public interest to direct the commissioner of the Pollution Control Agency to
         take 112.17environmental response actions that the commissioner deems reasonable and necessary
         to 112.18protect the public health or welfare or the environment at priority qualified facilities
         and to 112.19acquire real property interests at priority qualified facilities to ensure the completion
         and 112.20long-term effectiveness of environmental response actions.112.21    Subd. 2.Notifying owner or operator of priority qualified facility.Within 30 days 112.22after the effective date of this section, or within 30 days after section 115B.39,
         subdivision 112.232, paragraph (m), applies to a facility, whichever is later, the commissioner must
         notify the 112.24owner or operator of a qualified facility that the facility is a priority qualified
         facility under 112.25section 115B.39, subdivision 2, paragraph (m). Within 60 days after being notified
         under 112.26this subdivision, the owner or operator of a priority qualified facility must enter
         into a 112.27binding agreement with the commissioner according to section 115B.40, subdivision
         4, 112.28paragraph (b).112.29    Subd. 3.State response.If the owner or operator of a priority qualified facility fails to 112.30enter into a binding agreement according to subdivision 2:112.31(1) the commissioner must assume all obligations for environmental response actions
         112.32under the federal Superfund Act and any federal or state cleanup orders and undertake
         113.1further action under section 115B.40, subdivision 1, at or related to the priority
         qualified 113.2facility that the commissioner deems reasonable and necessary;113.3(2) the commissioner must not seek recovery against responsible persons who are not
         113.4the owner or operator of a priority qualified facility of any costs incurred by the
         commissioner 113.5for environmental response action at or related to the facility, except as provided
         under 113.6section 115B.40, subdivision 7, paragraph (b), clause (2), item (i) or (ii); and113.7(3) the commissioner and the attorney general must communicate with the United States
         113.8Environmental Protection Agency regarding the manner and procedure for the state's
         113.9assumption of federal obligations at the priority qualified facility.113.10    Subd. 4.Civil penalty.An owner or operator of a priority qualified facility is subject 113.11to a civil penalty in an amount to be determined by the court of not more than $20,000
         per 113.12day for each day that the owner or operator fails to comply with subdivision 2. The
         penalty 113.13ceases to accrue when the owner or operator enters into a binding agreement with the
         113.14commissioner according to section 115B.40, subdivision 4, paragraph (b), and a payment
         113.15agreement for environmental response costs incurred by the commissioner at or related
         to 113.16the priority qualified facility. The civil penalty may be recovered by an action brought
         by 113.17the attorney general in the name of the state in connection with an action to recover
         expenses 113.18of the agency under subdivision 7 or by a separate action in the District Court of
         Ramsey 113.19County. All penalties recovered under this subdivision must be deposited in the remediation
         113.20fund.113.21    Subd. 5.Disqualification; permits.If an owner or operator of a priority qualified facility 113.22that is not a local government unit fails to comply with subdivision 2, the owner
         or operator 113.23is ineligible to obtain or renew a state or local permit or license to engage in a
         business that 113.24manages solid waste. Failure of an owner or operator of a priority qualified facility
         that is 113.25not a local government unit to comply with subdivision 2 is prima facie evidence of
         the 113.26lack of fitness of the owner or operator to conduct any solid waste business and is
         grounds 113.27for revocation of any solid waste permit or license held by the owner or operator.113.28    Subd. 6.Duty to provide information.Any person that the commissioner determines 113.29has information regarding the priority qualified facility or the owner or operator
         of the 113.30priority qualified facility must furnish to the commissioner any information that
         person may 113.31have or may reasonably obtain that is relevant to the priority qualified facility
         or the owner 113.32or operator of the priority qualified facility. The commissioner upon presentation
         of 113.33credentials may examine and copy any books, papers, records, memoranda, or data of
         a 113.34person that has a duty to provide information to the commissioner and may enter upon
         any 114.1property, public or private, to take any action authorized by this section, including
         obtaining 114.2information from a person that has a duty to provide the information.114.3    Subd. 7.Recovering expenses.Any reasonable and necessary expenses incurred by the 114.4commissioner pursuant to this section, including all environmental response costs
         and 114.5administrative and legal expenses, may be recovered in a civil action brought by the
         attorney 114.6general against the owner or operator of a priority qualified facility. The commissioner's
         114.7certification of expenses is prima facie evidence that the expenses are reasonable
         and 114.8necessary. Any expenses incurred pursuant to this section that are recovered by the
         attorney 114.9general, including any award of attorney fees, must be deposited in the remediation
         fund.114.10    Subd. 8.Claims prohibited.The owner or operator of a priority qualified facility is 114.11barred from bringing any claim based on contract, tort, or statute or using any remedy
         114.12available under any other provision of state law, including common law, for personal
         injury, 114.13disease, economic loss, environmental response costs incurred by the owner or operator,
         114.14environmental response costs incurred by the state, or legal and administrative expenses
         114.15arising out of a release or threat of release of any hazardous substance, pollutant,
         contaminant, 114.16or decomposition gases related to the priority qualified facility.114.17    Subd. 9.Environmental response costs; liens.All environmental response costs, 114.18including administrative and legal expenses, incurred by the commissioner at a priority
         114.19qualified facility constitute a lien in favor of the state upon any real property
         located in the 114.20state, other than homestead property, owned by the owner or operator of the priority
         qualified 114.21facility who is subject to the requirements of section 115B.40, subdivision 4 or 5.
         A lien 114.22under this subdivision attaches when the environmental response costs are first incurred.
         114.23Notwithstanding section 514.672, a lien under this subdivision continues until the
         lien is 114.24satisfied or six years after completion of construction of the final environmental
         response 114.25action, not including operation and maintenance. Notice, filing, and release of the
         lien are 114.26governed by sections 514.671 to 514.676, except where those requirements specifically
         are 114.27related to only cleanup action expenses as defined in section 514.671. Relative priority
         of 114.28a lien under this subdivision is governed by section 514.672, except that a lien attached
         to 114.29property that was included in any permit for the priority qualified facility takes
         precedence 114.30over all other liens regardless of when the other liens were or are perfected. Amounts
         received 114.31to satisfy all or a part of a lien must be deposited in the remediation fund.114.32EFFECTIVE DATE.This section is effective the day following final enactment.115.1    Sec. 127. [115B.407] ACQUISITION AND DISPOSITION OF REAL PROPERTY 115.2AT PRIORITY QUALIFIED FACILITIES.115.3(a) The commissioner may acquire interests in real property by donation or eminent
         115.4domain  at all or a portion of a priority qualified facility. Condemnation under this
         section 115.5includes acquisition of fee title or an easement. After acquiring an interest in real
         property 115.6under this section, the commissioner must take environmental response actions at the
         priority 115.7qualified facility according to sections 115B.39 to 115B.414 after the legislature
         makes an 115.8appropriation for that purpose.115.9(b) The commissioner may dispose of real property acquired under this section according
         115.10to section 115B.17, subdivision 16.115.11(c) Chapter 117 governs condemnation proceedings by the commissioner under this 115.12section. The exceptions under section 117.189 apply to the use of eminent domain authority
         115.13under this section.115.14(d) The state is not liable under this chapter solely as a result of acquiring an
         interest in 115.15real property under this section.115.16EFFECTIVE DATE.This section is effective the day following final enactment.115.17    Sec. 128. [115B.408] DEPOSIT OF PROCEEDS.115.18All amounts paid to the state under sections 115B.406 and 115B.407 must be deposited
         115.19in the state treasury and credited to the remediation fund.115.20EFFECTIVE DATE.This section is effective the day following final enactment.115.21    Sec. 129. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:115.22    Subdivision 1. General rule. Except as provided in subdivisions 2 to 4 5, a person is 115.23responsible for a release from a tank if the person is an owner or operator of the
         tank at any 115.24time during or after the release.115.25    Sec. 130. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision 115.26to read:115.27    Subd. 5.Heating fuel oil vendor.A heating fuel oil vendor is not a responsible person 115.28for a heating fuel oil release at a residential location if the release was caused
         solely by the 115.29failure of a tank owned by the homeowner.116.1    Sec. 131. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:116.2    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and 116.3resource management permits be issued or denied within 90 days for Tier 1 permits
         or 150 116.4days for Tier 2 permits following submission of a permit application. The commissioner
         of 116.5the Pollution Control Agency shall establish management systems designed to achieve
         the 116.6goal. For the purposes of this section, "Tier 1 permits" are permits that do not require
         116.7individualized actions or public comment periods, and "Tier 2 permits" are permits
         that 116.8require individualized actions or public comment periods.116.9(b) The commissioner shall prepare an annual permitting efficiency report that includes
         116.10statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 116.11categories. The report is due August 1 each year. For permit applications that have
         not met 116.12the goal, the report must state the reasons for not meeting the goal. In stating the
         reasons 116.13for not meeting the goal, the commissioner shall separately identify delays caused
         by the 116.14responsiveness of the proposer, lack of staff, scientific or technical disagreements,
         or the 116.15level of public engagement. The report must specify the number of days from initial
         116.16submission of the application to the day of determination that the application is
         complete. 116.17The report must aggregate the data for the year and assess whether program or system
         116.18changes are necessary to achieve the goal. The report must be posted on the agency's
         Web 116.19site and submitted to the governor and the chairs and ranking minority members of
         the house 116.20of representatives and senate committees having jurisdiction over environment policy
         and 116.21finance.116.22(c) The commissioner shall allow electronic submission of environmental review and
         116.23permit documents to the agency.116.24(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 116.25to paragraph (a), the commissioner of the Pollution Control Agency shall notify the
         project 116.26proposer permit applicant, in writing, whether the application is complete or incomplete. If 116.27the commissioner determines that an application is incomplete, the notice to the applicant
         116.28must enumerate all deficiencies, citing specific provisions of the applicable rules
         and statutes, 116.29and advise the applicant on how the deficiencies can be remedied. If the commissioner
         116.30determines that the application is complete, the notice must confirm the application's
         Tier 116.311 or Tier 2 permit status. If the commissioner believes that a complete application for a Tier 116.322 construction permit cannot be issued within the 150-day goal, the commissioner must
         116.33provide notice to the applicant with the commissioner's notice that the application
         is complete 116.34and, upon request of the applicant, provide the permit applicant with a schedule estimating
         116.35when the agency will begin drafting the permit and issue the public notice of the
         draft permit.117.1This paragraph does not apply to an application for a permit that is subject to a
         grant or loan 117.2agreement under chapter 446A.117.3(e) For purposes of this subdivision, "permit professional" means an individual not
         117.4employed by the Pollution Control Agency who:117.5(1) has a professional license issued by the state of Minnesota in the subject area
         of the 117.6permit;117.7(2) has at least ten years of experience in the subject area of the permit; and117.8(3) abides by the duty of candor applicable to employees of the Pollution Control
         Agency 117.9under agency rules and complies with all applicable requirements under chapter 326.117.10(f) Upon the agency's request, an applicant relying on a permit professional must
         117.11participate in a meeting with the agency before submitting an application:117.12(1) at least two weeks prior to the preapplication meeting, the applicant must submit
         at 117.13least the following:117.14(i) project description, including, but not limited to, scope of work, primary emissions
         117.15points, discharge outfalls, and water intake points;117.16(ii) location of the project, including county, municipality, and location on the
         site;117.17(iii) business schedule for project completion; and117.18(iv) other information requested by the agency at least four weeks prior to the scheduled
         117.19meeting; and117.20    (2) during the preapplication meeting, the agency shall provide for the applicant
         at least 117.21the following:117.22(i) an overview of the permit review program;117.23(ii) a determination of which specific application or applications will be necessary
         to 117.24complete the project;117.25(iii) a statement notifying the applicant if the specific permit being sought requires
         a 117.26mandatory public hearing or comment period;117.27(iv) a review of the timetable established in the permit review program for the specific
         117.28permit being sought; and117.29(v) a determination of what information must be included in the application, including
         117.30a description of any required modeling or testing.118.1(g) The applicant may select a permit professional to undertake the preparation of
         the 118.2permit application and draft permit.118.3(h) If a preapplication meeting was held, the agency shall, within seven business
         days 118.4of receipt of an application, notify the applicant and submitting permit professional
         that the 118.5application is complete or is denied, specifying the deficiencies of the application.118.6(i) Upon receipt of notice that the application is complete, the permit professional
         shall 118.7submit to the agency a timetable for submitting a draft permit. The permit professional
         shall 118.8submit a draft permit on or before the date provided in the timetable. Within 60 days
         after 118.9the close of the public comment period, the commissioner shall notify the applicant
         whether 118.10the permit can be issued.118.11(j) Nothing in this section shall be construed to modify:118.12(1) any requirement of law that is necessary to retain federal delegation to or assumption
         118.13by the state; or118.14(2) the authority to implement a federal law or program.118.15(k) The permit application and draft permit shall identify or include as an appendix
         all 118.16studies and other sources of information used to substantiate the analysis contained
         in the 118.17permit application and draft permit. The commissioner shall request additional studies,
         if 118.18needed, and the project proposer permit applicant shall submit all additional studies and 118.19information necessary for the commissioner to perform the commissioner's responsibility
         118.20to review, modify, and determine the completeness of the application and approve the
         draft 118.21permit.118.22    Sec. 132. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision 118.23to read:118.24    Subd. 7.Draft permits; public notice.When public notice of a draft individual Tier 2 118.25permit is required, the commissioner must provide to the applicant a draft permit
         for review 118.26by the applicant within 30 days after determining the proposal conforms to all federal
         and 118.27state laws and rules, unless the permit applicant and the commissioner mutually agree
         to a 118.28different date. The commissioner must consider all comments submitted by the applicant
         118.29before issuing the permit.118.30    Sec. 133. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:118.31    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater 118.32than those necessary to cover the reasonable costs of developing, reviewing, and acting
         119.1upon applications for agency permits and implementing and enforcing the conditions
         of the 119.2permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
         The 119.3fee schedule must reflect reasonable and routine direct and indirect costs associated
         with 119.4permitting, implementation, and enforcement. The agency may impose an additional 119.5enforcement fee to be collected for a period of up to two years to cover the reasonable
         costs 119.6of implementing and enforcing the conditions of a permit under the rules of the agency.
         119.7Any money collected under this paragraph shall be deposited in the environmental fund.119.8(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the
         owner 119.9or operator of all stationary sources, emission facilities, emissions units, air contaminant
         119.10treatment facilities, treatment facilities, potential air contaminant storage facilities,
         or storage 119.11facilities subject to a notification, permit, or license requirement under this chapter,
         119.12subchapters I and V of the federal Clean Air Act, United States Code, title 42, section
         7401 119.13et seq., or rules adopted thereunder. The annual fee shall be used to pay for all
         direct and 119.14indirect reasonable costs, including legal costs, required to develop and administer
         the 119.15notification, permit, or license program requirements of this chapter, subchapters
         I and V 119.16of the federal Clean Air Act, United States Code, title 42, section 7401 et seq.,
         or rules 119.17adopted thereunder. Those costs include the reasonable costs of reviewing and acting
         upon 119.18an application for a permit; implementing and enforcing statutes, rules, and the terms
         and 119.19conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
         119.20applicable regulations; responding to federal guidance; modeling, analyses, and 119.21demonstrations; preparing inventories and tracking emissions; and providing information
         119.22to the public about these activities.119.23(c) The agency shall set fees that:119.24(1) will result in the collection, in the aggregate, from the sources listed in paragraph
         119.25(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
         119.26regulated under United States Code, title 42, section 7411 or 7412 (section 111 or
         112 of 119.27the federal Clean Air Act); and each pollutant, except carbon monoxide, for which
         a national 119.28primary ambient air quality standard has been promulgated;119.29(2) may result in the collection, in the aggregate, from the sources listed in paragraph
         119.30(b), of an amount not less than $25 per ton of each pollutant not listed in clause
         (1) that is 119.31regulated under this chapter or air quality rules adopted under this chapter; and119.32(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
         amount 119.33needed to match grant funds received by the state under United States Code, title
         42, section 119.347405 (section 105 of the federal Clean Air Act).120.1The agency must not include in the calculation of the aggregate amount to be collected
         120.2under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air
         pollutant 120.3from a source. The increase in air permit fees to match federal grant funds shall
         be a surcharge 120.4on existing fees. The commissioner may not collect the surcharge after the grant funds
         120.5become unavailable. In addition, the commissioner shall use nonfee funds to the extent
         120.6practical to match the grant funds so that the fee surcharge is minimized.120.7(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
         120.8in the rules promulgated under paragraph (c) for an increase in the fee collected
         in each 120.9year by the percentage, if any, by which the Consumer Price Index for the most recent
         120.10calendar year ending before the beginning of the year the fee is collected exceeds
         the 120.11Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
         120.12Consumer Price Index for any calendar year is the average of the Consumer Price Index
         for 120.13all-urban consumers published by the United States Department of Labor, as of the
         close 120.14of the 12-month period ending on August 31 of each calendar year. The revision of
         the 120.15Consumer Price Index that is most consistent with the Consumer Price Index for calendar
         120.16year 1989 shall be used.120.17(e) Any money collected under paragraphs (b) to (d) must be deposited in the 120.18environmental fund and must be used solely for the activities listed in paragraph
         (b).120.19(f) Permit applicants who wish to construct, reconstruct, or modify a facility project may 120.20offer to reimburse the agency for the costs of staff time or consultant services needed
         to 120.21expedite the preapplication process and permit development process through the final 120.22decision on the permit, including the analysis of environmental review documents. The 120.23reimbursement shall be in addition to permit application fees imposed by law. When
         the 120.24agency determines that it needs additional resources to develop the permit application
         in 120.25an expedited manner, and that expediting the development is consistent with permitting
         120.26program priorities, the agency may accept the reimbursement. The commissioner must give 120.27the applicant an estimate of costs to be incurred by the commissioner. The estimate
         must 120.28include a brief description of the tasks to be performed, a schedule for completing
         the tasks, 120.29and the estimated cost for each task. The applicant and the commissioner must enter
         into a 120.30written agreement detailing the estimated costs for the expedited permit decision-making
         120.31process to be incurred by the agency. The agreement must also identify staff anticipated
         to 120.32be assigned to the project. The commissioner must not issue a permit until the applicant
         has 120.33paid all fees in full. The commissioner must refund any unobligated balance of fees
         paid. 120.34Reimbursements accepted by the agency are appropriated to the agency for the purpose
         of 120.35developing the permit or analyzing environmental review documents. Reimbursement by
         121.1a permit applicant shall precede and not be contingent upon issuance of a permit;
         shall not 121.2affect the agency's decision on whether to issue or deny a permit, what conditions
         are 121.3included in a permit, or the application of state and federal statutes and rules governing
         121.4permit determinations; and shall not affect final decisions regarding environmental
         review.121.5(g) The fees under this subdivision are exempt from section 
         16A.1285.121.6    Sec. 134. Minnesota Statutes 2016, section 116.0714, is amended to read:121.7116.0714 NEW OPEN AIR SWINE BASINS.121.8    The commissioner of the Pollution Control Agency or a county board shall not approve
         121.9any permits for the construction of new open air swine basins, except that existing
         facilities 121.10may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
         121.11program for resolving pollution problems or to allow conversion of an existing basin
         of less 121.12than 1,000,000 gallons to a different animal type, provided all standards are met.
         This section 121.13expires June 30, 2017 2022.121.14EFFECTIVE DATE.This section is effective the day following final enactment.121.15    Sec. 135. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:121.16    Subd. 2. Membership. The members of the board are the commissioner of administration, 121.17the commissioner of commerce, the commissioner of the Pollution Control Agency, the
         121.18commissioner of natural resources, the commissioner of agriculture, the commissioner
         of 121.19health, the commissioner of employment and economic development, the commissioner
         of 121.20transportation, and the chair of the Board of Water and Soil Resources, and a representative 121.21of the governor's office designated by the governor. The governor shall appoint five members 121.22from the general public to the board, one from each congressional district, subject to the 121.23advice and consent of the senate. At least two of the fivefour public members must have 121.24knowledge of and be conversant in water management issues in the state environmental 121.25review or permitting. The governor must appoint the chair of the board. Notwithstanding 121.26the provisions of section 
         15.06, subdivision 6, members of the board may not delegate their 121.27powers and responsibilities as board members to any other person. Members appointed 121.28under this subdivision must not be registered lobbyists or legislators.121.29    Sec. 136. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:121.30    Subd. 2. Jurisdiction. (a) The board shall determine which environmental problems of 121.31interdepartmental concern to state government shall be considered by the board. The
         board 121.32shall initiate interdepartmental investigations into those matters that it determines
         are in 122.1need of study. Topics for investigation may include but need not be limited to future 122.2population and settlement patterns, air and water resources and quality, solid waste 122.3management, transportation and utility corridors, economically productive open space,122.4energy policy and need, growth and development, and land use and planning.122.5(b) The board shall review programs of state agencies that significantly affect the
         122.6environment and coordinate those it determines are interdepartmental in nature, and
         insure 122.7agency compliance with state environmental policy.122.8(c) The board may review environmental rules and criteria for granting and denying
         122.9permits by state agencies and may resolve conflicts involving state agencies with
         regard to 122.10programs, rules, permits and procedures significantly affecting the environment, provided
         122.11that such resolution of conflicts is consistent with state environmental policy.122.12(d) State agencies shall submit to the board all proposed legislation of major significance
         122.13relating to the environment and the board shall submit a report to the governor and
         the 122.14legislature with comments on such major environmental proposals of state agencies.122.15    Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:122.16    Subd. 2a. When prepared.(a) Where there is potential for significant environmental 122.17effects resulting from any major governmental action, the action shall be preceded
         by a 122.18detailed environmental impact statement prepared by the responsible governmental unit.
         122.19The environmental impact statement shall be an analytical rather than an encyclopedic
         122.20document which describes the proposed action in detail, analyzes its significant environmental
         122.21impacts, discusses appropriate alternatives to the proposed action and their impacts,
         and 122.22explores methods by which adverse environmental impacts of an action could be mitigated.
         122.23The environmental impact statement shall also analyze those economic, employment,
         and 122.24sociological effects that cannot be avoided should the action be implemented. To ensure
         its 122.25use in the decision-making process, the environmental impact statement shall be prepared
         122.26as early as practical in the formulation of an action.122.27    (a) (b) The board shall by rule establish categories of actions for which environmental 122.28impact statements and for which environmental assessment worksheets shall be prepared
         122.29as well as categories of actions for which no environmental review is required under
         this 122.30section. A mandatory environmental assessment worksheet shall is not be required for the 122.31expansion of an ethanol plant, as defined in section 
         41A.09, subdivision 2a, paragraph (b), 122.32or the conversion of an ethanol plant to a biobutanol facility or the expansion of
         a biobutanol 122.33facility as defined in section 
         41A.15, subdivision 2d, based on the capacity of the expanded 122.34or converted facility to produce alcohol fuel, but must be required if the ethanol
         plant or 123.1biobutanol facility meets or exceeds thresholds of other categories of actions for
         which 123.2environmental assessment worksheets must be prepared. The responsible governmental
         unit 123.3for an ethanol plant or biobutanol facility project for which an environmental assessment
         123.4worksheet is prepared shall be is the state agency with the greatest responsibility for 123.5supervising or approving the project as a whole.123.6(c) A mandatory environmental impact statement shall is not be required for a facility 123.7or plant located outside the seven-county metropolitan area that produces less than
         123.8125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces
         less 123.9than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant,
         as 123.10defined in section 
         41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 123.11in section 
         41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 123.12only uses a cellulosic feedstock to produce chemical products for use by another facility
         as 123.13a feedstock shall is not be considered a fuel conversion facility as used in rules adopted 123.14under this chapter.123.15    (b) (d) The responsible governmental unit shall promptly publish notice of the completion
         123.16of an environmental assessment worksheet by publishing the notice in at least one
         newspaper 123.17of general circulation in the geographic area where the project is proposed, by posting
         the 123.18notice on a Web site that has been designated as the official publication site for
         publication 123.19of proceedings, public notices, and summaries of a political subdivision in which
         the project 123.20is proposed, or in any other manner determined by the board and shall provide copies
         of 123.21the environmental assessment worksheet to the board and its member agencies. Comments
         123.22on the need for an environmental impact statement may be submitted to the responsible
         123.23governmental unit during a 30-day period following publication of the notice that
         an 123.24environmental assessment worksheet has been completed. The responsible governmental
         123.25unit's decision on the need for an environmental impact statement shall be based on
         the 123.26environmental assessment worksheet and the comments received during the comment period,
         123.27and shall be made within 15 days after the close of the comment period. The board's
         chair 123.28may extend the 15-day period by not more than 15 additional days upon the request
         of the 123.29responsible governmental unit.123.30    (c) (e) An environmental assessment worksheet shall also be prepared for a proposed 123.31action whenever material evidence accompanying a petition by not less than 100 individuals
         123.32who reside or own property in the state, submitted before the proposed project has
         received 123.33final approval by the appropriate governmental units, demonstrates that, because of
         the 123.34nature or location of a proposed action, there may be potential for significant environmental
         123.35effects. Petitions requesting the preparation of an environmental assessment worksheet
         shall 124.1be submitted to the board. The chair of the board shall determine the appropriate
         responsible 124.2governmental unit and forward the petition to it. A decision on the need for an environmental
         124.3assessment worksheet shall be made by the responsible governmental unit within 15
         days 124.4after the petition is received by the responsible governmental unit. The board's chair
         may 124.5extend the 15-day period by not more than 15 additional days upon request of the responsible
         124.6governmental unit.124.7    (d) (f) Except in an environmentally sensitive location where Minnesota Rules, part 124.84410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
         124.9review under this chapter and rules of the board, if:124.10    (1) the proposed action is:124.11    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or124.12    (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
         124.13of less than 1,000 animal units;124.14    (2) the application for the animal feedlot facility includes a written commitment
         by the 124.15proposer to design, construct, and operate the facility in full compliance with Pollution
         124.16Control Agency feedlot rules; and124.17    (3) the county board holds a public meeting for citizen input at least ten business
         days 124.18prior to before the Pollution Control Agency or county issuing a feedlot permit for the 124.19animal feedlot facility unless another public meeting for citizen input has been held
         with 124.20regard to the feedlot facility to be permitted. The exemption in this paragraph is
         in addition 124.21to other exemptions provided under other law and rules of the board.124.22    (e) (g) The board may, prior to before final approval of a proposed project, require 124.23preparation of an environmental assessment worksheet by a responsible governmental
         unit 124.24selected by the board for any action where environmental review under this section
         has not 124.25been specifically provided for by rule or otherwise initiated.124.26    (f) (h) An early and open process shall be utilized to limit the scope of the environmental
         124.27impact statement to a discussion of those impacts, which that, because of the nature or 124.28location of the project, have the potential for significant environmental effects.
         The same 124.29process shall be utilized to determine the form, content, and level of detail of the statement 124.30as well as the alternatives which that are appropriate for consideration in the statement. In 124.31addition, the permits which that will be required for the proposed action shall be identified 124.32during the scoping process. Further, the process shall identify those permits for
         which 124.33information will be developed concurrently with the environmental impact statement.
         The 125.1board shall provide in its rules for the expeditious completion of the scoping process.
         The 125.2determinations reached in the process shall be incorporated into the order requiring
         the 125.3preparation of an environmental impact statement.125.4    (g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication
         125.5and ensure coordination between state and federal environmental review and between
         125.6environmental review and environmental permitting. Whenever practical, information
         125.7needed by a governmental unit for making final decisions on permits or other actions
         required 125.8for a proposed project shall be developed in conjunction with the preparation of an
         125.9environmental impact statement. When an environmental impact statement is prepared
         for 125.10a project requiring multiple permits for which two or more agencies' decision processes
         125.11include either mandatory or discretionary hearings before a hearing officer prior to before125.12the agencies' decision on the permit, the agencies may, notwithstanding any law or
         rule to 125.13the contrary, conduct the hearings in a single consolidated hearing process if requested
         by 125.14the proposer. All agencies having jurisdiction over a permit that is included in the
         125.15consolidated hearing shall participate. The responsible governmental unit shall establish
         125.16appropriate procedures for the consolidated hearing process, including procedures
         to ensure 125.17that the consolidated hearing process is consistent with the applicable requirements
         for each 125.18permit regarding the rights and duties of parties to the hearing, and shall utilize
         the earliest 125.19applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over 125.20a permit identified in the draft environmental assessment worksheet scoping document
         must 125.21begin reviewing any permit application upon publication of the notice of preparation
         of the 125.22environmental impact statement.125.23    (h) (j) An environmental impact statement shall be prepared and its adequacy determined 125.24within 280 days after notice of its preparation unless the time is extended by consent
         of the 125.25parties or by the governor for good cause. The responsible governmental unit shall
         determine 125.26the adequacy of an environmental impact statement, unless within 60 days after notice
         is 125.27published that an environmental impact statement will be prepared, the board chooses
         to 125.28determine the adequacy of an environmental impact statement. If an environmental impact
         125.29statement is found to be inadequate, the responsible governmental unit shall have
         60 days 125.30to prepare an adequate environmental impact statement.125.31    (i) (k) The proposer of a specific action may include in the information submitted to the
         125.32responsible governmental unit a preliminary draft environmental impact statement under
         125.33this section on that action for review, modification, and determination of completeness
         and 125.34adequacy by the responsible governmental unit. A preliminary draft environmental impact
         125.35statement prepared by the project proposer and submitted to the responsible governmental
         126.1unit shall identify or include as an appendix all studies and other sources of information
         126.2used to substantiate the analysis contained in the preliminary draft environmental
         impact 126.3statement. The responsible governmental unit shall require additional studies, if
         needed, 126.4and obtain from the project proposer all additional studies and information necessary
         for 126.5the responsible governmental unit to perform its responsibility to review, modify,
         and 126.6determine the completeness and adequacy of the environmental impact statement.126.7    Sec. 138. Minnesota Statutes 2016, section 116D.04, subdivision 5b, is amended to read:126.8    Subd. 5b. Review of environmental assessment worksheets and environmental 126.9impact statements. By December 1, 2012 2018, and every five three years thereafter, the 126.10Environmental Quality Board, Pollution Control Agency, Department of Natural Resources,
         126.11and Department of Transportation, after consultation with political subdivisions,
         shall submit 126.12to the governor and the chairs of the house of representatives and senate committees
         having 126.13jurisdiction over environment and natural resources a list of mandatory environmental
         126.14assessment worksheet and mandatory environmental impact statement categories for which
         126.15the agency or a political subdivision is designated as the responsible government
         unit, and 126.16for each worksheet or statement category, a document including:126.17(1) intended historical purposes of the category;126.18(2) whether projects that fall within the category are also subject to local, state,
         or federal 126.19permits; and126.20(3) an analysis of and recommendations for whether the mandatory category should be 126.21modified, eliminated, or unchanged based on its intended outcomes and relationship to 126.22existing permits or other federal, state, or local laws or ordinances.126.23    Sec. 139. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:126.24    Subd. 10. Review. A person aggrieved by a final decision on the need for an 126.25environmental assessment worksheet, the need for an environmental impact statement,
         or 126.26the adequacy of an environmental impact statement is entitled to judicial review of
         the 126.27decision under sections 
         14.63 to 
         14.68. A petition for a writ of certiorari by an aggrieved 126.28person for judicial review under sections 
         14.63 to 
         14.68 must be filed with the Court of 126.29Appeals and served on the responsible governmental unit not more than 30 days after
         the 126.30party receives the final decision and order of the responsible governmental unit provides 126.31notice of the decision in the EQB Monitor. Proceedings for review under this section must 126.32be instituted by serving a petition for a writ of certiorari personally or by certified
         mail upon 126.33the responsible governmental unit and by promptly filing the proof of service in the
         Office 127.1of the Clerk of the Appellate Courts and the matter will proceed in the manner provided
         by 127.2the Rules of Civil Appellate Procedure. A copy of the petition must be provided to
         the 127.3attorney general at the time of service. Copies of the writ must be served, personally
         or by 127.4certified mail, upon the responsible governmental unit and the project proposer. The
         filing 127.5of the writ of certiorari does not stay the enforcement of any other governmental
         action, 127.6provided that the responsible governmental unit may stay enforcement or the Court
         of 127.7Appeals may order a stay upon terms it deems proper. A bond may be required under
         section 127.8562.02
          unless at the time of hearing on the application for the bond the petitioner-relator
         127.9has shown that the claim is likely to succeed on the merits. The board may initiate
         judicial 127.10review of decisions referred to herein and the board or a project proposer may intervene
         as 127.11of right in any proceeding brought under this subdivision.127.12    Sec. 140. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:127.13    Subdivision 1. Assessment. The board shall must by rule adopt procedures to:127.14(1) assess the proposer of a specific action for the responsible governmental unit's127.15reasonable costs of preparing, reviewing, and distributing the environmental impact
         statement. 127.16The costs shall must be determined by the responsible governmental unit pursuant according127.17to the rules promulgated adopted by the board; and127.18(2) authorize a responsible governmental unit to allow a proposer of a specific action
         to 127.19prepare a draft environmental impact statement according to section 116D.04, subdivision
         127.202a, paragraph (i).127.21    Sec. 141. Minnesota Statutes 2016, section 160.06, is amended to read:127.22160.06 TRAIL OR PORTAGE DEDICATION.127.23Any trail or portage between public or navigable bodies of water or from public or
         127.24navigable water to a public highway in this state which that has been in continued and 127.25uninterrupted use by the general public for 15 years or more as a trail or portage
         for the 127.26purposes of travel, shall be is deemed to have been dedicated to the public as a trail or 127.27portage. This section shall apply applies only to forest trails on established state water trails127.28canoe routes and the public shall have has the right to use the same for the purposes of travel 127.29to the same extent as public highways. The width of all trails and portages dedicated
         by 127.30user shall be is eight feet on each side of the centerline of the trail or portage.128.1    Sec. 142. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:128.2    Subdivision 1. General requirements and procedures. (a) The commissioner shall 128.3issue state parks and trails plates to an applicant who:128.4(1) is a registered owner of a passenger automobile, recreational vehicle, one ton
         pickup 128.5truck, or motorcycle;128.6(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;128.7(3) pays the registration tax required under section 
         168.013;128.8(4) pays the fees required under this chapter;128.9(5) contributes a minimum of $50 $60 annually to the state parks and trails donation 128.10account established in section 
         85.056; and128.11(6) complies with this chapter and rules governing registration of motor vehicles
         and 128.12licensing of drivers.128.13(b) The state parks and trails plate application must indicate that the contribution
         specified 128.14under paragraph (a), clause (5), is a minimum contribution to receive the plate and
         that the 128.15applicant may make an additional contribution to the account.128.16(c) State parks and trails plates may be personalized according to section 
         168.12, 128.17subdivision 2a.128.18    Sec. 143. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:128.19    Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property 128.20of the state as a result of forfeiture to the state for nonpayment of taxes, regardless
         of whether 128.21the land is held in trust for taxing districts, and which borders on or is adjacent
         to meandered 128.22lakes and other public waters and watercourses, and the live timber growing or being
         thereon, 128.23is hereby withdrawn from sale except as hereinafter provided. The authority having
         128.24jurisdiction over the timber on any such of these lands may sell the timber as otherwise 128.25provided by law for cutting and removal under such the conditions as the authority may 128.26prescribe in accordance with approved, sustained yield forestry practices. The authority
         128.27having jurisdiction over the timber shall reserve such the timber and impose such the128.28conditions as the authority deems necessary for the protection of watersheds, wildlife
         habitat, 128.29shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties
         128.30described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber
         on 128.31tax-forfeited lands shall be subject to like restrictions as are now imposed by that
         act on 128.32federal lands.129.1(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other
         public 129.2waters and watercourses and so withdrawn from sale, a strip two rods in width, the
         ordinary 129.3high-water mark being the waterside boundary thereof, and the land side boundary thereof
         129.4being a line drawn parallel to the ordinary high-water mark and two rods distant landward
         129.5therefrom, hereby is reserved for public travel thereon, and whatever the conformation
         of 129.6the shore line or conditions require, the authority having jurisdiction over such these lands 129.7shall reserve a wider strip for suchthese purposes.129.8(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold
         by 129.9the authority having jurisdiction over the land, in the manner otherwise provided
         by law 129.10for the sale of such the lands, if the authority determines that it is in the public interest to 129.11do so. Any tract or parcel of land within a plat of record bordering on or adjacent to 129.12meandered lakes and other public waters and watercourses may be sold by the authority
         129.13having jurisdiction over the land, in the manner otherwise provided by law for the
         sale of 129.14the lands, if the authority determines that it is in the public interest to do so.
         If the authority 129.15having jurisdiction over the land is not the commissioner of natural resources, the
         land may 129.16not be offered for sale without the prior approval of the commissioner of natural
         resources.129.17(d) Where the authority having jurisdiction over lands withdrawn from sale under this
         129.18section is not the commissioner of natural resources, the authority may submit proposals
         129.19for disposition of the lands to the commissioner. The commissioner of natural resources
         129.20shall evaluate the lands and their public benefits and make recommendations on the
         proposed 129.21dispositions to the committees of the legislature with jurisdiction over natural resources.
         129.22The commissioner shall include any recommendations of the commissioner for disposition
         129.23of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
         129.24The commissioner's recommendations may include a public sale, sale to a private party,
         129.25acquisition by the Department of Natural Resources for public purposes, or a cooperative
         129.26management agreement with, or transfer to, another unit of government.129.27    Sec. 144. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:129.28    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms 129.29and conditions set by the county board, may sell timber upon any tract that may be
         approved 129.30by the natural resources commissioner. The sale of timber shall be made for cash at
         not less 129.31than the appraised value determined by the county board to the highest bidder after
         not less 129.32than one week's published notice in an official paper within the county. Any timber
         offered 129.33at the public sale and not sold may thereafter be sold at private sale by the county
         auditor 129.34at not less than the appraised value thereof, until the time as the county board may
         withdraw 130.1the timber from sale. The appraised value of the timber and the forestry practices
         to be 130.2followed in the cutting of said timber shall be approved by the commissioner of natural
         130.3resources.130.4    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall
         be made 130.5in cash at the time of the timber sale, except in the case of oral or sealed bid auction
         sales, 130.6the down payment shall be no less than 15 percent of the appraised value, and the
         balance 130.7shall be paid prior to entry. In the case of auction sales that are partitioned and
         sold as a 130.8single sale with predetermined cutting blocks, the down payment shall be no less than
         15 130.9percent of the appraised price of the entire timber sale which may be held until the
         satisfactory 130.10completion of the sale or applied in whole or in part to the final cutting block.
         The value of 130.11each separate block must be paid in full before any cutting may begin in that block.
         With 130.12the permission of the county contract administrator the purchaser may enter unpaid
         blocks 130.13and cut necessary timber incidental to developing logging roads as may be needed to
         log 130.14other blocks provided that no timber may be removed from an unpaid block until separately
         130.15scaled and paid for. If payment is provided as specified in this paragraph as security
         under 130.16paragraph (a) and no cutting has taken place on the contract, the county auditor may
         credit 130.17the security provided, less any down payment required for an auction sale under this
         130.18paragraph, to any other contract issued to the contract holder by the county under
         this chapter 130.19to which the contract holder requests in writing that it be credited, provided the
         request and 130.20transfer is made within the same calendar year as the security was received.130.21    (c) The county board may sell any timber, including biomass, as appraised or scaled.
         130.22Any parcels of land from which timber is to be sold by scale of cut products shall
         be so 130.23designated in the published notice of sale under paragraph (a), in which case the
         notice shall 130.24contain a description of the parcels, a statement of the estimated quantity of each
         species 130.25of timber, and the appraised price of each species of timber for 1,000 feet, per cord
         or per 130.26piece, as the case may be. In those cases any bids offered over and above the appraised
         130.27prices shall be by percentage, the percent bid to be added to the appraised price
         of each of 130.28the different species of timber advertised on the land. The purchaser of timber from
         the 130.29parcels shall pay in cash at the time of sale at the rate bid for all of the timber
         shown in the 130.30notice of sale as estimated to be standing on the land, and in addition shall pay
         at the same 130.31rate for any additional amounts which the final scale shows to have been cut or was
         available 130.32for cutting on the land at the time of sale under the terms of the sale. Where the
         final scale 130.33of cut products shows that less timber was cut or was available for cutting under
         terms of 130.34the sale than was originally paid for, the excess payment shall be refunded from the
         forfeited 130.35tax sale fund upon the claim of the purchaser, to be audited and allowed by the county
         board 131.1as in case of other claims against the county. No timber, except hardwood pulpwood,
         may 131.2be removed from the parcels of land or other designated landings until scaled by a
         person 131.3or persons designated by the county board and approved by the commissioner of natural
         131.4resources. Landings other than the parcel of land from which timber is cut may be
         designated 131.5for scaling by the county board by written agreement with the purchaser of the timber.
         The 131.6county board may, by written agreement with the purchaser and with a consumer designated
         131.7by the purchaser when the timber is sold by the county auditor, and with the approval
         of 131.8the commissioner of natural resources, accept the consumer's scale of cut products
         delivered 131.9at the consumer's landing. No timber shall be removed until fully paid for in cash.
         Small 131.10amounts of timber not exceeding $3,000 500 cords in appraised valuation volume may be 131.11sold for not less than the full appraised value at private sale to individual persons
         without 131.12first publishing notice of sale or calling for bids, provided that in case of a sale
         involving a 131.13total appraised value of more than $200 the sale shall be made subject to final settlement
         131.14on the basis of a scale of cut products in the manner above provided and not more
         than two 131.15of the sales, directly or indirectly to any individual shall be in effect at one time.131.16    (d) As directed by the county board, the county auditor may lease tax-forfeited land
         to 131.17individuals, corporations or organized subdivisions of the state at public or private
         sale, and 131.18at the prices and under the terms as the county board may prescribe, for use as cottage
         and 131.19camp sites and for agricultural purposes and for the purpose of taking and removing
         of hay, 131.20stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden
         sites 131.21and other temporary uses provided that no leases shall be for a period to exceed ten
         years; 131.22provided, further that any leases involving a consideration of more than $12,000 per
         year, 131.23except to an organized subdivision of the state shall first be offered at public sale
         in the 131.24manner provided herein for sale of timber. Upon the sale of any leased land, it shall
         remain 131.25subject to the lease for not to exceed one year from the beginning of the term of
         the lease. 131.26Any rent paid by the lessee for the portion of the term cut off by the cancellation
         shall be 131.27refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited
         and 131.28allowed by the county board as in case of other claims against the county.131.29    (e) As directed by the county board, the county auditor may lease tax-forfeited land
         to 131.30individuals, corporations, or organized subdivisions of the state at public or private
         sale, at 131.31the prices and under the terms as the county board may prescribe, for the purpose
         of taking 131.32and removing for use for road construction and other purposes tax-forfeited stockpiled
         131.33iron-bearing material. The county auditor must determine that the material is needed
         and 131.34suitable for use in the construction or maintenance of a road, tailings basin, settling
         basin, 131.35dike, dam, bank fill, or other works on public or private property, and that the use
         would 132.1be in the best interests of the public. No lease shall exceed ten years. The use of
         a stockpile 132.2for these purposes must first be approved by the commissioner of natural resources.
         The 132.3request shall be deemed approved unless the requesting county is notified to the contrary
         132.4by the commissioner of natural resources within six months after receipt of a request
         for 132.5approval for use of a stockpile. Once use of a stockpile has been approved, the county
         may 132.6continue to lease it for these purposes until approval is withdrawn by the commissioner
         of 132.7natural resources.132.8    (f) The county auditor, with the approval of the county board is authorized to grant
         132.9permits, licenses, and leases to tax-forfeited lands for the depositing of stripping,
         lean ores, 132.10tailings, or waste products from mines or ore milling plants, or to use for facilities
         needed 132.11to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer
         area needed 132.12for a mining operation, upon the conditions and for the consideration and for the
         period of 132.13time, not exceeding 25 years, as the county board may determine. The permits, licenses,
         or 132.14leases are subject to approval by the commissioner of natural resources.132.15    (g) Any person who removes any timber from tax-forfeited land before said timber has
         132.16been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.132.17    (h) The county auditor may, with the approval of the county board, and without first
         132.18offering at public sale, grant leases, for a term not exceeding 25 years, for the
         removal of 132.19peat and for the production or removal of farm-grown closed-loop biomass as defined
         in 132.20section 
         216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands 132.21upon the terms and conditions as the county board may prescribe. Any lease for the
         removal 132.22of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
         132.23lands must first be reviewed and approved by the commissioner of natural resources
         if the 132.24lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
         132.25biomass, or short-rotation woody crops shall be made by the county auditor pursuant
         to this 132.26section without first holding a public hearing on the auditor's intention to lease.
         One printed 132.27notice in a legal newspaper in the county at least ten days before the hearing, and
         posted 132.28notice in the courthouse at least 20 days before the hearing shall be given of the
         hearing.132.29    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis
         County 132.30auditor may, at the discretion of the county board, sell timber to the party who bids
         the 132.31highest price for all the several kinds of timber, as provided for sales by the commissioner
         132.32of natural resources under section 
         90.14. Bids offered over and above the appraised price 132.33need not be applied proportionately to the appraised price of each of the different
         species 132.34of timber.133.1    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the
         county 133.2board and under terms set by the county board, the county auditor may accept an irrevocable
         133.3bank letter of credit in the amount equal to the amount otherwise determined in paragraph
         133.4(b). If an irrevocable bank letter of credit is provided under this paragraph, at
         the written 133.5request of the purchaser, the county may periodically allow the bank letter of credit
         to be 133.6reduced by an amount proportionate to the value of timber that has been harvested
         and for 133.7which the county has received payment. The remaining amount of the bank letter of
         credit 133.8after a reduction under this paragraph must not be less than 20 percent of the value
         of the 133.9timber purchased. If an irrevocable bank letter of credit or cash deposit is provided
         for the 133.10down payment required in paragraph (b), and no cutting of timber has taken place on
         the 133.11contract for which a letter of credit has been provided, the county may allow the
         transfer 133.12of the letter of credit to any other contract issued to the contract holder by the
         county under 133.13this chapter to which the contract holder requests in writing that it be credited.133.14    Sec. 145. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:133.15    Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts 133.16determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution
         133.17fund to the accounts as provided for in sections 
         84.794, 
         84.803, 
         84.83, 
         84.927, and 
         86B.706. 133.18These amounts, together with interest and penalties for delinquency in payment, paid
         or 133.19collected pursuant to the provisions of this chapter, must be computed for each six-month
         133.20period ending June 30 and December 31 and must be transferred on November 1 and June133.21April 1 following each six-month period.133.22EFFECTIVE DATE.This section is effective the day following final enactment.133.23    Sec. 146. [477A.21] RIPARIAN PROTECTION AID.133.24    Subdivision 1.Definitions.For purposes of this section, the following terms have the 133.25meanings given:133.26(1) "buffer protection map" has the meaning given under section 103F.48, subdivision
         133.271; and133.28(2) "public watercourses" means public waters and public drainage systems subject
         to 133.29riparian protection requirements under section 103F.48.133.30    Subd. 2.Certifications to commissioner.(a) The Board of Water and Soil Resources 133.31must certify to the commissioner of revenue, on or before July 1 each year, which
         counties 133.32and watershed districts have affirmed their jurisdiction under section 103F.48 and
         the 134.1proportion of centerline miles of public watercourses, and miles of public drainage
         system 134.2ditches on the buffer protection map, within each county and each watershed district
         within 134.3the county with affirmed jurisdiction.134.4(b) On or before July 1 each year, the commissioner of natural resources shall certify
         to 134.5the commissioner of revenue the statewide and countywide number of centerline miles
         of 134.6public watercourses and miles of public drainage system ditches on the buffer protection
         134.7map.134.8    Subd. 3.Distribution.(a) A county that is certified under subdivision 2, or that portion 134.9of a county containing a watershed district certified under subdivision 2, is eligible
         to receive 134.10aid under this section to enforce and implement the riparian protection and water
         quality 134.11practices under section 103F.48. Each county's preliminary aid amount is equal to
         the 134.12proportion calculated under paragraph (b) multiplied by the appropriation received
         each 134.13year by the commissioner for purposes of payments under this section.134.14(b) The commissioner must compute each county's proportion. A county's proportion
         is 134.15equal to the ratio of the sum in clause (1) to the sum in clause (2):134.16(1) the sum of the total number of acres in the county classified as class 2a under
         section 134.17273.13, subdivision 23, the countywide number of centerline miles of public watercourses
         134.18on the buffer protection map, and the countywide number of miles of public drainage
         system 134.19ditches on the buffer protection map; and134.20(2) the sum of the statewide total number of acres classified as class 2a under section
         134.21273.13, subdivision 23, the statewide total number of centerline miles of public watercourses
         134.22on the buffer protection map, and the statewide total number of public drainage system
         134.23miles on the buffer protection map.134.24(c) Aid to a county must not be greater than $200,000 or less than $50,000. If the
         sum 134.25of the preliminary aids payable to counties under paragraph (a) is greater or less
         than the 134.26appropriation received by the commissioner, the commissioner of revenue must calculate
         134.27the percentage of adjustment necessary so that the total of the aid under paragraph
         (a) equals 134.28the total amount received by the commissioner, subject to the minimum and maximum
         134.29amounts specified in this paragraph. The minimum and maximum amounts under this 134.30paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000.134.31(d) If only a portion of a county is certified as eligible to receive aid under subdivision
         134.322, the aid otherwise payable to that county under this section must be multiplied
         by a fraction, 134.33the numerator of which is the buffer protection map miles of the certified watershed
         districts 135.1contained within the county and the denominator of which is the total buffer protection
         map 135.2miles of the county.135.3(e) Any aid that would otherwise be paid to a county or portion of a county that is
         not 135.4certified under subdivision 2 shall be paid to the Board of Water and Soil Resources
         for 135.5enforcing and implementing the riparian protection and water quality practices under
         section 135.6103F.48.135.7    Subd. 4.Payments.The commissioner of revenue must compute the amount of riparian 135.8protection aid payable to each eligible county and to the Board of Water and Soil
         Resources 135.9under this section. On or before August 1 each year, the commissioner must certify
         the 135.10amount to be paid to each county and the Board of Water and Soil Resources in the
         following 135.11year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner
         135.12must pay riparian protection aid to counties and to the Board of Water and Soil Resources
         135.13in the same manner and at the same time as aid payments under section 477A.015.135.14EFFECTIVE DATE.This section is effective the day following final enactment and 135.15applies to aids payable in 2017 and thereafter.135.16    Sec. 147. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182, 135.17section 2, is amended to read:135.18    Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE 135.19PARK.]135.20    (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota
         135.21that was included in the Soudan underground mine state park, with certain lands at
         Stuntz 135.22Bay subject to leases outstanding for employee boathouse sites.135.23    (b) Notwithstanding Minnesota Statutes, sections 
         85.011, 
         85.012, subdivision 1, and 135.2486A.05, subdivision 2
         , upon the expiration of a boathouse lease described under paragraph 135.25(a), the commissioner of natural resources shall offer a new lease to the party in
         possession 135.26at the time of lease expiration, or, if there has been a miscellaneous lease issued
         by the 135.27Department of Natural Resources due to expiration of a lease described under paragraph
         135.28(a), upon its expiration to the lessee. The new lease shall be issued under the terms
         and 135.29conditions of Minnesota Statutes, section 
         92.50, with the following limitations except as 135.30follows:135.31    (1) the term of the lease shall be for the lifetime of the party being issued a renewed
         135.32lease and, if transferred, for the lifetime of the party to whom the lease is transferred;136.1    (2) the new lease shall provide that the lease may be transferred only once and the
         transfer 136.2must be to a person within the third degree of kindred or first cousin according to
         civil law; 136.3and136.4    (3) the commissioner shall limit the number of lessees per lease to no more than two
         136.5persons who have attained legal age.; and136.6    (4) the lease amount must not exceed 50 percent of the average market rate, based
         on 136.7comparable private lease rates, as determined once every five years per lease.136.8At the time of the new lease, the commissioner may offer, and after agreement with
         the 136.9leaseholder, lease equivalent alternative sites to the leaseholder.136.10    (c) The commissioner shall not cancel a boathouse lease described under paragraphs
         (a) 136.11and (b) except for noncompliance with the lease agreement.136.12    (d) By January 15, 2001, the commissioner of natural resources shall report to the
         senate 136.13and house environment and natural resources policy and finance committees on boathouse
         136.14leases in state parks. The report shall include information on:136.15    (1) the number of boathouse leases;136.16    (2) the number of leases that have forfeited;136.17    (3) the expiration dates of the leases;136.18    (4) the historical significance of the boathouses;136.19    (5) recommendations on the inclusion of the land described in paragraph (d) within
         the 136.20park boundary; and136.21    (6) any other relevant information on the leases.136.22(d) The commissioner must issue a written receipt to the lessee for each lease payment.136.23    (e) The commissioner of natural resources shall contact U.S.X. Corporation and local
         136.24units of government regarding the inclusion of the following lands within Soudan 136.25underground mine state park:136.26    (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62
         136.27North, Range 15 West;136.28    (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section
         136.2914, Township 62 North, Range 15 West;136.30    (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;137.1    (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62
         137.2North, Range 15 West;137.3    (5) all of Section 24, Township 62 North, Range 15 West;137.4    (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North,
         137.5Range 15 West;137.6    (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North,
         137.7Range 15 West;137.8    (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West; 137.9and137.10    (9) NW1/4 of Section 19, Township 62 North, Range 14 West.137.11EFFECTIVE DATE.This section is effective the day following final enactment and 137.12applies to monthly lease payments made on or after that date.137.13    Sec. 148. Laws 2013, chapter 114, article 4, section 105, is amended to read:137.14    Sec. 105. RULES; SILICA SAND.137.15(a) The commissioner of the Pollution Control Agency shallmay adopt rules pertaining 137.16to the control of particulate emissions from silica sand projects. The rulemaking
         is exempt 137.17from Minnesota Statutes, section 
         14.125.137.18(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation
         137.19of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 
         14.125.137.20(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
         137.21value for silica sand.137.22(d) The Environmental Quality Board shall may amend its rules for environmental 137.23review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
         137.24processing to take into account the increased activity in the state and concerns over
         the size 137.25of specific operations. The Environmental Quality Board shall consider whether the
         137.26requirements of Minnesota Statutes, section 
         116C.991, should remain part of the 137.27environmental review requirements for silica sand and whether the requirements should
         be 137.28different for different geographic areas of the state. The rulemaking is exempt from
         Minnesota 137.29Statutes, section 
         14.125.138.1    Sec. 149. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended 138.2to read:138.3    Sec. 136. WILD RICE WATER QUALITY STANDARDS.138.4(a) Until the commissioner of the Pollution Control Agency amends rules refining the
         138.5wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider 138.6all independent research and publicly funded research and to include criteria for
         identifying 138.7waters and a list of waters subject to the standard, implementation of the wild rice
         water 138.8quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the 138.9following, unless the permittee requests additional conditions:138.10(1) when issuing, modifying, or renewing national pollutant discharge elimination
         system 138.11(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect
         wild 138.12rice, and in doing so shall be limited by the following conditions:138.13(i) the agency shall not require permittees to expend money for design or implementation
         138.14of sulfate treatment technologies or other forms of sulfate mitigation; and138.15(ii) the agency may require sulfate minimization plans in permits; and138.16(2) the agency shall not list waters containing natural beds of wild rice as impaired
         for 138.17sulfate under section 303(d) of the federal Clean Water Act, United States Code, title
         33, 138.18section 1313, until the rulemaking described in this paragraph takes effect.138.19(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen
         permits 138.20issued or reissued after the effective date of this section as needed to include numeric
         permit 138.21limits based on the wild rice water quality standard.138.22(c) The commissioner shall complete the rulemaking described in paragraph (a) by 138.23January 15, 2018 2019.138.24    Sec. 150. Laws 2015, First Special Session chapter 4, article 4, section 146, is amended 138.25to read:138.26    Sec. 146. INITIAL IMPLEMENTATION; WAIVERS.138.27A soil and water conservation district must grant a conditional compliance waiver
         under 138.28Minnesota Statutes, section 
         103F.48, to landowners or authorized agents who have applied 138.29for and maintained eligibility for financial or technical assistance within one year of the 138.30dates listed in Minnesota Statutes, section 
         103F.48, subdivision 3, paragraph (e), according 138.31to Minnesota Statutes, section 
         103F.48. A conditional compliance waiver also must be 138.32granted to landowners who are subject to a drainage proceeding commenced under Minnesota
         139.1Statutes, sections 
         103E.011, subdivision 5; 
         103E.021, subdivision 6; and 
         103E.715. The 139.2conditional compliance waiver is valid until financial or technical assistance is available 139.3for buffer or alternative practices installation, but not later than November 1, 2018. A 139.4landowner or authorized agent that has filed a parcel-specific riparian protection
         compliance 139.5plan with the soil and water conservation district by November 1, 2017, shall be granted
         a 139.6conditional compliance waiver until July 1, 2018.139.7    Sec. 151. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to 139.8read:139.9EFFECTIVE DATE.This section is effective May 1, 2017 2018.139.10EFFECTIVE DATE.This section is effective retroactively from April 30, 2017.139.11    Sec. 152. Laws 2016, chapter 189, article 3, section 46, is amended to read:139.12    Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.139.13The commissioner of natural resources, in cooperation with prescribed burning 139.14professionals, nongovernmental organizations, and local and federal governments, must
         139.15develop criteria for certifying an entity to conduct a prescribed burn under a general an open 139.16burning permit. The certification requirements must include training, equipment, and 139.17experience requirements and include an apprentice program to allow entities without
         139.18experience to become certified. The commissioner must establish provisions for decertifying
         139.19entities. The commissioner must not require additional certification or requirements
         for 139.20burns conducted as part of normal agricultural practices not currently subject to
         prescribed 139.21burn specifications. The commissioner must submit a report with recommendations and
         139.22any legislative changes needed to the chairs and ranking minority members of the house
         of 139.23representatives and senate committees and divisions with jurisdiction over environment
         and 139.24natural resources by January 15, 2017.139.25    Sec. 153. DEMOLITION DEBRIS LANDFILL PERMITTING.139.26A solid waste permit issued by the Pollution Control Agency to an existing class I
         139.27demolition debris landfill facility that is operating under the Pollution Control
         Agency 139.28Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
         139.29Rules, part 7001.0160, for a period of five years, unless a new permit is issued for
         the facility 139.30by the Pollution Control Agency after the effective date of this section.139.31EFFECTIVE DATE.This section is effective the day following final enactment.140.1    Sec. 154. ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.140.2(a) Until the governor has appointed members of the Environmental Quality Board from
         140.3each congressional district as required under this act, this section governs membership
         of 140.4the board.140.5(b) The citizen members of the board as of July 1, 2017, shall continue to serve until
         the 140.6expiration of their terms.140.7(c) No later than October 1, 2017, the governor shall appoint board members from the
         140.8First, Second, Seventh, and Eighth Congressional Districts for terms to begin January
         2, 140.92018.140.10(d) No later than October 1, 2018, the governor shall appoint a board member from
         the 140.11Third Congressional District for a term to begin January 8, 2019.140.12(e) No later than October 1, 2019, the governor shall appoint a board member from
         the 140.13Fourth Congressional District for a term to begin January 7, 2020.140.14(f) No later than October 1, 2020, the governor shall appoint a board member from
         the 140.15Fifth Congressional District for a term to begin January 5, 2021.140.16(g) No later than October 1, 2021, the governor shall appoint a commissioner from
         the 140.17Sixth Congressional District for a term to begin January 4, 2022.140.18    Sec. 155. SAND DUNES STATE FOREST MANAGEMENT.140.19    Subdivision 1.Forest management.When managing the Sand Dunes State Forest, the 140.20commissioner of natural resources must:140.21(1) not convert additional land to oak savanna or convert oak savanna to nonforest
         land 140.22unless it is done as a result of a contract entered into before the effective date
         of this section;140.23(2) require all prairie seeds planted to be from native species of a local ecotype
         to 140.24Sherburne or Benton County; and140.25(3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics
         in 140.26residential areas.140.27    Subd. 2.Prescribed burns; notification.At least 40 days before conducting a prescribed 140.28burn, the commissioner must:140.29(1) publish a notice in a newspaper of general circulation in the area;140.30(2) notify the county and township in writing; and141.1(3) notify residents within a quarter mile of the prescribed burn in writing.141.2    Subd. 3.School trust lands.Nothing in this section restricts the ability of the 141.3commissioner or the school trust lands director from managing school trust lands within
         141.4the Sand Dunes State Forest for long-term economic return.141.5    Subd. 4.Township road.If the commissioner of natural resources finds that any portion 141.6of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
         141.7commissioner must convey an easement over and across state-owned lands administered
         141.8by the commissioner to the township under Minnesota Statutes, section 84.63, for the
         width 141.9of 233rd Avenue.141.10    Subd. 5.Sunset.This section expires two years from the day following final enactment.141.11EFFECTIVE DATE.This section is effective the day following final enactment.141.12    Sec. 156. HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION 141.13PLAN.141.14(a) The commissioner of natural resources must work with the commissioner of the Iron
         141.15Range Resources and Rehabilitation Board and representatives from the city of Calumet,
         141.16Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating
         141.17model for local management and operation of Hill-Annex Mine State Park until mining
         141.18resumes on the property. The commissioner of natural resources must submit a management
         141.19and operation plan to the chairs and ranking minority members of the house of representatives
         141.20and senate committees and divisions with jurisdiction over environment and natural
         resources 141.21by January 15, 2018.141.22    (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation
         141.23at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels.141.24    Sec. 157. BASE BUDGET REPORT.141.25(a) The commissioners of natural resources and the Pollution Control Agency must each
         141.26submit a report that contains the details of their base budgets, by fiscal year, including:141.27(1) appropriation riders for the previous biennium and the year the rider was first
         used;141.28(2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;141.29(3) statutory appropriations; and141.30(4) an explanation on the use of funds for each appropriation not covered by a rider.142.1(b) The reports must be submitted to the chairs and ranking minority members of the
         142.2house of representatives and senate committees and divisions with jurisdiction over
         142.3environment and natural resources by October 15, 2018.142.4    Sec. 158. RULEMAKING; MINNOW LICENSES.142.5The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100,
         142.6subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The
         142.7commissioner may use the good cause exemption under Minnesota Statutes, section 14.388,
         142.8subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes,
         section 142.914.386, does not apply, except as provided under Minnesota Statutes, section 14.388.142.10    Sec. 159. CANCELLATION OF PERMITS.142.11Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
         142.12Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled
         effective 142.13July 1, 2017.142.14    Sec. 160. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.142.15(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
         142.16part 7001.0150, subpart 2, item A, by inserting the following:142.17"For a municipality that constructs a publicly owned treatment works facility to comply
         142.18with a new or modified effluent limitation, compliance with any new or modified effluent
         142.19limitation adopted after construction begins that would require additional capital
         investment 142.20is required no sooner than 16 years after the date of initiation of operation of the
         facility."142.21(b) The commissioner may use the good cause exemption under Minnesota Statutes, 142.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
         Minnesota 142.23Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
         142.24section 14.388.142.25    Sec. 161. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY 142.26ENVIRONMENTAL TRUST FUND.142.27Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
         142.28disposition of proceeds from the sale of tax-forfeited land, the St. Louis County
         Board must 142.29deposit any money received from the sale of tax-forfeited land purchased by the Fond
         du 142.30Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter
         142.31256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust
         fund 143.1established by the county. The principal from the sale of the land may not be expended.
         143.2The county may spend interest earned on the principal only for purposes related to
         improving 143.3natural resources.143.4EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after 143.5the St. Louis County Board and its chief clerical officer timely complete their compliance
         143.6with Minnesota Statutes, section 645.021, subdivisions 2 and 3.143.7    Sec. 162. MINNOW IMPORTATION RISK REPORT.143.8By January 15, 2018, the commissioner of natural resources must report to the chairs
         of 143.9the legislative committees with jurisdiction over natural resources regarding potential
         risks 143.10of importing golden shiner minnows into Minnesota. The commissioner of natural resources
         143.11must coordinate with the University of Minnesota and may use a third party to produce
         the 143.12report. The report must:143.13(1) review the Arkansas bait certification program to determine specific risks and
         potential 143.14mitigation measures of allowing the importation of golden shiner minnows by a person
         that 143.15holds a Minnesota wholesale minnow dealers license issued under Minnesota Statutes,
         143.16section 97C.501, subdivision 2; and143.17(2) include recommendations on testing protocols or procedures needed to protect 143.18Minnesota's waters from invasive species and fish disease introduction.143.19    Sec. 163. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER 143.20COUNTY.143.21Before July 1, 2018, the commissioner of natural resources must not initiate a civil
         action 143.22to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater County.143.23EFFECTIVE DATE.This section is effective the day following final enactment.143.24    Sec. 164. RULES LIMITING USE OF LEAD SHOT PROHIBITED.143.25Until July 1, 2019, the commissioner of natural resources shall not adopt rules further
         143.26restricting the use of lead shot.143.27EFFECTIVE DATE.This section is effective the day following final enactment and 143.28applies to rules adopted on or after that date.144.1    Sec. 165. REVISOR'S INSTRUCTION.144.2In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
         144.3references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
         144.4Minnesota Statutes, section 115B.39, subdivision 2, paragraph (o), and shall make
         all other 144.5necessary changes to preserve the meaning of the text and to conform with the paragraph
         144.6relettering in this act.144.7    Sec. 166.  REPEALER.144.8(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
         144.997C.701, subdivisions 1a and 6; 97C.705; 97C.711; 116C.03, subdivision 3a; and 116C.04,
         144.10subdivision 3, are repealed.144.11(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 144.126258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed."144.13Delete the title and insert:144.14"A bill for an act144.15relating to state government; appropriating money for environment, natural 144.16resources, and tourism purposes; modifying fees; providing for disposition of 144.17certain receipts; modifying grant, contract, and lease provisions; modifying state
         144.18park permit requirements; modifying water safety provisions; modifying provisions
         144.19to take, possess, and transport wildlife; modifying duties and authority; modifying
         144.20Minnesota Naturalist Corps provisions; modifying prescribed burn provisions; 144.21modifying timber sales provisions; providing for certain hearings, appeals, and 144.22reviews; modifying buffer requirements; modifying landfill cleanup program; 144.23modifying tax-forfeited land provisions; providing for riparian protection aid; 144.24modifying the Water Law; modifying invasive species provisions; modifying 144.25off-highway vehicle provisions; modifying permit and license requirements; 144.26modifying Petroleum Tank Release Cleanup Act; extending ban on open air swine 144.27basins; modifying environmental review; modifying Environmental Quality Board; 144.28requiring reports; requiring rulemaking;amending Minnesota Statutes 2016, 144.29sections 84.01, by adding a subdivision; 84.027, subdivisions 14a, 14b; 84.788, 144.30subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivisions 2, 3; 84.8205,
         144.31subdivision 1; 84.922, subdivision 5; 84.925, subdivision 1; 84.9256, subdivisions
         144.321, 2; 84.9275, subdivision 1; 84.946, subdivision 2, by adding a subdivision; 84.992,
         144.33subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05,
         144.34subdivision 1; 84D.108, subdivision 2a, by adding subdivisions; 84D.11, by adding
         144.35a subdivision; 85.052, subdivision 1; 85.053, subdivisions 8, 10; 85.054, by adding
         144.36a subdivision; 85.055, subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1;
         144.3786B.301, subdivision 2; 86B.313, subdivision 1; 86B.701, subdivision 3; 88.01, 144.38subdivision 28; 88.523; 89.39; 90.01, subdivisions 8, 12, by adding a subdivision;
         144.3990.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14; 90.145, subdivision 144.402; 90.151, subdivision 1; 90.162; 90.252; 93.25, subdivision 2; 93.47, subdivision
         144.414; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344, subdivision 9; 144.4297A.015, subdivisions 39, 43, 45, 52, 53, by adding a subdivision; 97A.045, 144.43subdivision 10; 97A.055, subdivision 2; 97A.075, subdivision 1; 97A.137, 144.44subdivision 5; 97A.201, subdivision 2, by adding a subdivision; 97A.225, 144.45subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, 144.46subdivision 2a; 97A.441, subdivision 1; 97A.473, subdivisions 2, 2a, 2b, 4, 5, 5a;
         145.197A.474, subdivision 2; 97A.475, subdivisions 2, 3, 6, 7, 8, 45; 97B.031, 145.2subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1; 145.397C.081, subdivision 3; 97C.355, subdivisions 2, 2a; 97C.401, subdivision 2; 145.497C.501, subdivision 1; 97C.701, by adding a subdivision; 103F.48, subdivisions 145.51, 3; 103G.005, subdivisions 10b, 10h, by adding a subdivision; 103G.222, 145.6subdivisions 1, 3; 103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision
         145.71; 103G.271, subdivisions 1, 6, 6a, 7; 103G.287, subdivision 1; 103G.411; 114D.25,
         145.8by adding a subdivision; 115B.39, subdivision 2; 115B.40, subdivision 4; 115C.021,
         145.9subdivision 1, by adding a subdivision; 116.03, subdivision 2b, by adding a 145.10subdivision; 116.07, subdivision 4d; 116.0714; 116C.03, subdivision 2; 116C.04, 145.11subdivision 2; 116D.04, subdivisions 2a, 5b, 10; 116D.045, subdivision 1; 160.06;
         145.12168.1295, subdivision 1; 282.018, subdivision 1; 282.04, subdivision 1; 296A.18, 145.13subdivision 6a; Laws 2000, chapter 486, section 4, as amended; Laws 2013, chapter
         145.14114, article 4, section 105; Laws 2015, First Special Session chapter 4, article 4,
         145.15sections 136; 146; Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing
         145.16coding for new law in Minnesota Statutes, chapters 85; 93; 115; 115B; 477A; 145.17repealing Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, 145.18subdivision 5; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.03, subdivision
         145.193a; 116C.04, subdivision 3; Minnesota Rules, parts 6258.0100; 6258.0200; 145.206258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 1, 4, 5; 145.216258.0800; 6258.0900."

We request the adoption of this report and repassage of the bill.Senate Conferees:
                     							.....
                     						
                     							.....
                     						Bill IngebrigtsenCarrie Ruud
                     							.....
                     						
                     							.....
                     						Torrey N. WestromAndrew Mathews
                     							.....
                     						David J. TomassoniHouse Conferees:
                     							.....
                     						
                     							.....
                     						Dan FabianMark Uglem
                     							.....
                     						
                     							.....
                     						Josh HeintzemanChris Swedzinski
                     							.....
                     						Rob Ecklund