HF 1097

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/02/2011 03:09pm

A bill for an act
relating to natural resources; providing for certain acquisition by exchange;
modifying peatland protection; modifying provisions for recreational vehicles;
modifying cash match requirement for local recreation grants; modifying Mineral
Coordinating Committee; providing for citizen oversight committees; repealing
Blakeley State Wayside; appropriating money; amending Minnesota Statutes
2010, sections 84.033, subdivision 1; 84.035, subdivision 6; 84.925, subdivision
1; 85.018, subdivision 5; 85.019, subdivisions 4b, 4c; 93.0015, subdivisions 1,
3; 97A.055, subdivision 4b; repealing Minnesota Statutes 2010, section 85.013,
subdivision 2b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:

Subdivision 1.

Acquisition; designation.

The commissioner of natural resources
may acquire by gift, lease, easement, new text begin exchange, new text end or purchase, in the manner prescribed
under chapter 117, in the name of the state, lands or any interest in lands suitable and
desirable for establishing and maintaining scientific and natural areas. The commissioner
shall designate any land so acquired as a scientific and natural area by written order
published in the State Register and shall administer any land so acquired and designated as
provided by section 86A.05. Designations of scientific and natural areas are exempt from
the rulemaking provisions of chapter 14 and section 14.386 does not apply.

Sec. 2.

Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:

Subd. 6.

Management plans.

The commissioner shall develop in consultation with
the affected local government unit a management plan for each peatland scientific and
natural area designated under section 84.036 deleted text begin in a manner prescribed by section 86A.09 deleted text end .

The management plan shall address recreational trails. In those peatland scientific
and natural areas where no corridor of disturbance was used as a recreational trail on or
before January 1, 1992, the plan may permit only one corridor of disturbance, in each
peatland scientific and natural area, to be used as a recreational motorized trail.

Sec. 3.

Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training
program, including the preparation and dissemination of vehicle information and safety
advice to the public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and
training course.

(b) For the purpose of administering the program and to defray deleted text begin a portion of deleted text end the
expenses of training and certifying vehicle operators, the commissioner shall collect a fee
deleted text begin of $15 deleted text end from each person who receives the training. The commissioner shall collect a fee,
to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish deleted text begin the fee for a duplicate all-terrain
vehicle safety certificate deleted text end new text begin both fees in a manner new text end that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the deleted text begin service deleted text end new text begin
services. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The fees may be established by the commissioner notwithstanding
section 16A.1283 new text end . Fee proceeds, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
fund new text begin and the amount thereof, except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, and issuing fees
collected by the commissioner, is appropriated annually to the Enforcement Division of
the Department of Natural Resources for the administration of such programs new text end . In addition
to the fee established by the commissioner, instructors may charge each person up to the
established fee amount for class materials and expenses.

(c) The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the
program established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification
of vehicle operators. deleted text begin By June 30, 2003, deleted text end The commissioner shall incorporate a riding
component in the safety education and training program.

Sec. 4.

Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:

Subd. 5.

Motorized vehicle trails restricted.

(a) From December 1 to April 1 in
any year no use of a motorized vehicle other than a snowmobile, unless authorized by
permit, lease new text begin , new text end or easement, shall be permitted on a trail designated for use by snowmobiles.

(b) deleted text begin From December 1 to April 1 in any year deleted text end No use of a motorized vehicle other
than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
by permit, new text begin lease, or easement, new text end shall be permitted on a trail designated for use by all-terrain
vehicles, off-road vehicles, or both, and off-highway motorcycles.

Sec. 5.

Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:

Subd. 4b.

Regional trails.

The commissioner shall administer a program to
provide grants to units of government for acquisition and betterment of public land and
improvements needed for trails outside the metropolitan area deemed to be of regional
significance according to criteria published by the commissioner. Recipients must provide
a nonstate cash match of at least deleted text begin one-half deleted text end new text begin 25 percent new text end of total eligible project costs. If
land used for the trails is not in full public ownership, then the recipients must prove it
is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
make payment to a unit of government upon receiving documentation of reimbursable
expenditures. A unit of government may enter into a lease or management agreement
for the trail, subject to section 16A.695.

Sec. 6.

Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:

Subd. 4c.

Trail connections.

The commissioner shall administer a program to
provide grants to units of government for acquisition and betterment of public land and
improvements needed for trails that connect communities, trails, and parks and thereby
increase the effective length of trail experiences. Recipients must provide a nonstate cash
match of at least deleted text begin one-half deleted text end new text begin 25 percent new text end of total eligible project costs. If land used for the
trails is not in full public ownership, then the recipients must prove it is dedicated to the
purposes of the grants for at least 20 years. The commissioner shall make payment to a
unit of government upon receiving documentation of reimbursable expenditures. A unit
of government may enter into a lease or management agreement for the trail, subject
to section 16A.695.

Sec. 7.

Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:

Subdivision 1.

Establishment; membership.

The Mineral Coordinating Committee
is established to plan for diversified mineral development. The Mineral Coordinating
Committee consists of:

(1) the commissioner of natural resources;

(2) the deleted text begin deputy deleted text end commissioner of the Minnesota Pollution Control Agency;

deleted text begin (3) the director of United Steelworkers of America, District 11, or the director's
designee;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end the commissioner of Iron Range resources and rehabilitation;

deleted text begin (5) deleted text end new text begin (4) new text end the director of the Minnesota Geological Survey;

deleted text begin (6) deleted text end new text begin (5) new text end the dean of the University of Minnesota Institute of Technology;

deleted text begin (7) deleted text end new text begin (6) new text end the director of the Natural Resources Research Institute; and

deleted text begin (8) three deleted text end new text begin (7) four new text end individuals appointed by the governor for a four-year term, one
each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
minerals industries within the state new text begin and one representing labor new text end .

Sec. 8.

Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:

Subd. 3.

Expiration.

Notwithstanding section 15.059, subdivision 5, or other law to
the contrary, the committee expires June 30, deleted text begin 2011 deleted text end new text begin 2016 new text end .

Sec. 9.

Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight deleted text begin subcommittees deleted text end new text begin committees new text end .

(a) The commissioner
shall appoint deleted text begin subcommittees deleted text end new text begin committees new text end of affected persons to review the reports
prepared under subdivision 4; review the proposed work plans and budgets for the coming
year; propose changes in policies, activities, and revenue enhancements or reductions;
review other relevant information; and make recommendations to the legislature and
the commissioner for improvements in the management and use of money in the game
and fish fund.

(b) The commissioner shall appoint the following deleted text begin subcommittees deleted text end new text begin committees new text end , each
comprised of at least deleted text begin three deleted text end new text begin ten new text end affected persons:

(1) a Fisheries deleted text begin Operations Subcommittee deleted text end new text begin Oversight Committee new text end to review fisheries
funding new text begin and expenditures new text end , deleted text begin excluding deleted text end new text begin including new text end activities related to trout and salmon deleted text begin stamp deleted text end new text begin
stamps new text end and walleye deleted text begin stamp funding deleted text end new text begin stamps new text end ; new text begin and
new text end

(2) a Wildlife deleted text begin Operations Subcommittee deleted text end new text begin Oversight Committee new text end to review wildlife
funding new text begin and expenditures new text end , deleted text begin excluding deleted text end new text begin including new text end activities related to migratory waterfowl,
pheasant, and wild turkey management deleted text begin funding deleted text end and deleted text begin excluding review of the amounts
available under section 97A.075, subdivision 1, paragraphs (b) and (c); deleted text end new text begin deer and big
game management.
new text end

deleted text begin (3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);
deleted text end

deleted text begin (4) an Ecological Resources Subcommittee to review ecological services funding;
deleted text end

deleted text begin (5) a subcommittee to review game and fish fund funding of enforcement and
operations support;
deleted text end

deleted text begin (6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;
deleted text end

deleted text begin (7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;
deleted text end

deleted text begin (8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants;
deleted text end

deleted text begin (9) a subcommittee to review the report on the wild turkey management account and
address funding issues related to wild turkeys; and
deleted text end

deleted text begin (10) a subcommittee to review the walleye stamp and address funding issues related
to walleye stocking.
deleted text end

(c) The chairs deleted text begin of each deleted text end of the deleted text begin subcommittees deleted text end new text begin Fisheries Oversight Committee and the
Wildlife Oversight Committee, and four additional members from each committee, new text end shall
form a Budgetary Oversight Committee to coordinate the integration of the deleted text begin subcommittee deleted text end new text begin
fisheries and wildlife oversight committee new text end reports into an annual report to the legislature;
recommend changes on a broad level in policies, activities, and revenue enhancements or
reductions; new text begin and new text end provide a forum to address issues that transcend the deleted text begin subcommittees; and
submit a report for any subcommittee that fails to submit its report in a timely manner deleted text end new text begin
fisheries and wildlife oversight committees new text end .

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house of representatives committees with
jurisdiction over natural resources finance.

(e) deleted text begin Each subcommittee shall choose its own chair, except that deleted text end new text begin The chairs of the
Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
by their respective committees. new text end The chair of the Budgetary Oversight Committee shall
be appointed by the commissioner and may not be the chair of deleted text begin any of the subcommittees deleted text end new text begin
either of the other oversight committees new text end .

(f) The Budgetary Oversight Committee deleted text begin must deleted text end new text begin may new text end make recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, new text begin the
Fisheries Oversight Committee, the Wildlife Oversight Committee, and new text end the Budgetary
Oversight Committee deleted text begin and subcommittees deleted text end do not expire until June 30, deleted text begin 2010 deleted text end new text begin 2015 new text end .

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 85.013, subdivision 2b, new text end new text begin is repealed.
new text end