Minnesota Legislature
HF 1651
2nd Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 2nd Committee Engrossment
1.2relating to natural resources; appropriating money for environment and natural
1.3resources; modifying disposition of certain revenue; authorizing certain
1.4sales; modifying and creating certain accounts; modifying and establishing
1.5certain fees and surcharges; establishing an off-highway vehicle safety and
1.6conservation program; defining certain terms; providing for venison donation;
1.7providing for prairie establishment guidance; creating the Cuyuna Country
1.8State Recreation Area Citizens Advisory Council; modifying aquatic farm
1.9license provisions; restricting certain off-road vehicle trails; modifying state
1.10park permit requirements; modifying timber sale provisions; exempting certain
1.11exchanged land from the tax-forfeited land assurance fee; authorizing certain
1.12leases of tax-forfeited lands; modifying definition of public official; modifying
1.13agency service requirements; creating a grant program; designating a state
1.14wildlife management area; improving oversight of local government water
1.15management; modifying authority of watershed district board of managers
1.16and soil and water conservation board of supervisors; modifying provisions
1.17for wetland conservation; modifying requirements for ditch buffers; modifying
1.18provisions for individual sewage treatment systems; providing for civil
1.19enforcement; modifying provisions for regulating genetically engineered
1.20organisms; establishing requirements for acquisition of easements; modifying
1.21access to certain wetlands; modifying percentage of gasoline use attributable
1.22to all-terrain vehicles; modifying trail designation requirements; eliminating
1.23sunset of sustainable forest resources provisions; authorizing rulemaking;
1.24requiring reports and studies; amending Minnesota Statutes 2006, sections
1.2510A.01, subdivision 35; 15.99, subdivision 3; 16A.531, subdivision 1a; 17.4984,
1.26subdivision 1; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272, by adding
1.27a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision 2; 84.963;
1.2884D.02, by adding a subdivision; 84D.13, subdivision 7; 85.054, subdivision
1.2912, by adding a subdivision; 86B.706, subdivision 2; 89.22, subdivision 2;
1.3090.161, by adding a subdivision; 93.22, subdivision 1; 97A.055, subdivision 4;
1.3197A.065, by adding a subdivision; 97A.133, by adding a subdivision; 97A.475,
1.32subdivision 7, by adding a subdivision; 97A.485, subdivision 7; 97C.081,
1.33subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding a
1.34subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2,
1.353, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1;
1.36103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728,
1.37subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3,
1.386, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2;
1.39103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a
2.1subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 282.04,
2.2subdivision 1; 296A.18, subdivision 4; Laws 2003, chapter 128, article 1, section
2.3169; Laws 2006, chapter 236, article 1, section 21; proposing coding for new law
2.4in Minnesota Statutes, chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing
2.5Minnesota Statutes 2006, sections 89A.11; 103G.2241, subdivision 8.
2.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.11 The amounts shown in this section summarize direct appropriations, by fund, made
2.12in this article.
2.24 The sums shown in the columns marked "Appropriations" are appropriated to the
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26general fund, or another named fund, and are available for the fiscal years indicated
2.27for each purpose. The figures "2008" and "2009" used in this article mean that the
2.28appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.29June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.30year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.31year ending June 30, 2007, are effective the day following final enactment.
3.8The amounts that may be spent for each
3.9purpose are specified in the following
3.10subdivisions.
3.18$2,348,000 the first year and $2,348,000
3.19the second year are for the clean water
3.20partnership program. Any balance remaining
3.21in the first year does not cancel and
3.22is available for the second year. This
3.23appropriation may be used for grants to
3.24local units of government for the purpose
3.25of restoring impaired waters listed under
3.26section 303(d) of the federal Clean Water
3.27Act in accordance with adopted total
3.28maximum daily loads (TMDL's), including
3.29implementation of approved clean water
3.30partnership diagnostic study work plans that
3.31will assist in restoration of such impaired
3.32waters.
3.33$2,324,000 the first year and $2,324,000
3.34the second year are for grants to delegated
3.35counties to administer the county feedlot
3.36program. The commissioner, in consultation
3.37with the Minnesota Association of County
4.1Feedlot Officers executive team, may use up
4.2to five percent of the annual appropriation
4.3for initiatives to enhance existing delegated
4.4county feedlot programs, information and
4.5education, or technical assistance to reduce
4.6feedlot-related pollution hazards. Any
4.7unexpended balance in the first year does not
4.8cancel but is available in the second year.
4.9$335,000 the first year and $335,000 the
4.10second year are for community technical
4.11assistance and education, including grants
4.12and technical assistance to communities for
4.13local and basinwide water quality protection.
4.14$405,000 the first year and $405,000 the
4.15second year are for individual sewage
4.16treatment system (ISTS) administration and
4.17grants. Of this amount, $86,000 each year
4.18is for assistance to counties through grants
4.19for ISTS program administration. Any
4.20unexpended balance in the first year does not
4.21cancel but is available in the second year.
4.22$480,000 the first year and $480,000 the
4.23second year are from the environmental
4.24fund to address the need for continued
4.25increased activity in the areas of new
4.26technology review, technical assistance
4.27for local governments, and enforcement
4.28under Minnesota Statutes, sections 115.55
4.29to 115.58, and to complete the requirements
4.30of Laws 2003, chapter 128, article 1, section
4.31165. Of this amount, $48,000 each year is for
4.32administration of individual septic tank fees.
4.33$375,000 the first year and $375,000 the
4.34second year are to monitor and analyze
4.35endocrine disruptors in surface waters in at
5.1least 20 additional sites. The data must be
5.2placed on the agency's Web site.
5.3$15,317,000 the first year and $15,317,000
5.4the second year are to implement the
5.5requirements of Minnesota Statutes, chapter
5.6114D. Of this amount, $6,317,000 each
5.7year is for completion of ten percent of the
5.8needed statewide assessments of surface
5.9water quality and trends and $9,000,000
5.10each year is to develop TMDL's and TMDL
5.11implementation plans for waters listed on
5.12the United States Environmental Protection
5.13Agency approved impaired waters list. The
5.14agency shall complete an average of ten
5.15percent of the TMDL's each year over the
5.16next ten years.
5.17$690,000 the first year and $690,000 the
5.18second year are from the environmental fund
5.19to provide regulatory services to the ethanol,
5.20mining, and other developing economic
5.21sectors. This is a onetime appropriation.
5.22$88,000 the first year is for the endocrine
5.23disruptors report required to be completed
5.24under article 2.
5.25$550,000 is appropriated in fiscal year
5.262008 from the remediation fund to the
5.27commissioner of the Pollution Control
5.28Agency for transfer to the commissioner
5.29of health to conduct an evaluation of point
5.30of use water treatment units at removing
5.31perfluorooctanoic acid, perfluorooctane
5.32sulfonate, and perfluorobutanoic acid from
5.33known concentrations of these compounds
5.34in drinking water. The evaluation shall be
5.35completed by December 31, 2007, and the
6.1commissioner of health may contract for
6.2services to complete the evaluation.
6.3By January 15, 2008, the commissioner shall
6.4amend agency rules and, where legislative
6.5action is necessary, provide recommendations
6.6to the house of representatives and senate
6.7divisions on environmental finance on
6.8water and air fee changes that will result in
6.9revenue to the environmental fund to pay for
6.10regulatory services to the ethanol, mining,
6.11and other developing economic sectors.
6.12Notwithstanding Minnesota Statutes, section
6.1316A.28, the appropriations encumbered
6.14under contract on or before June 30, 2009,
6.15for clean water partnership, individual
6.16sewage treatment systems (ISTS), Minnesota
6.17River, total maximum daily loads (TMDL's),
6.18stormwater contracts or grants, and local and
6.19basinwide water quality protection contracts
6.20or grants in this subdivision are available
6.21until June 30, 2011.
6.25Up to $150,000 the first year and $150,000
6.26the second year may be transferred from the
6.27environmental fund to the small business
6.28environmental improvement loan account
6.29established in Minnesota Statutes, section
6.30116.993.
6.31$200,000 the first year and $200,000 the
6.32second year are from the environmental fund
6.33for a monitoring program under Minnesota
6.34Statutes, section 116.454.
7.1$125,000 the first year and $125,000 the
7.2second year are from the environmental fund
7.3for monitoring ambient air for hazardous
7.4pollutants in the metropolitan area.
7.5$760,000 the first year and $760,000 the
7.6second year are from the environmental fund
7.7to provide regulatory services to the ethanol,
7.8mining, and other developing economic
7.9sectors. This is a onetime appropriation.
7.14All money for environmental response,
7.15compensation, and compliance in the
7.16remediation fund not otherwise appropriated
7.17is appropriated to the commissioners of the
7.18Pollution Control Agency and agriculture
7.19for purposes of Minnesota Statutes, section
7.20115B.20, subdivision 2, clauses (1), (2),
7.21(3), (6), and (7). At the beginning of each
7.22fiscal year, the two commissioners shall
7.23jointly submit an annual spending plan
7.24to the commissioner of finance and the
7.25house and senate chairs of environment and
7.26natural resources finance that maximizes the
7.27utilization of resources and appropriately
7.28allocates the money between the two
7.29departments. This appropriation is available
7.30until June 30, 2009.
7.31$3,616,000 the first year and $3,616,000
7.32the second year are transferred from the
7.33petroleum tank fund to the remediation fund
7.34for appropriation to the commissioner for
8.1purposes of the leaking underground storage
8.2tank program to protect the land.
8.3$252,000 the first year and $252,000 the
8.4second year are from the remediation fund to
8.5be transferred to the Department of Health
8.6for health assessments, drinking water
8.7advisories, and public information activities
8.8for areas contaminated by hazardous releases.
8.13$550,000 the first year and $550,000 the
8.14second year are from the environmental fund
8.15to provide regulatory services to the ethanol,
8.16mining, and other developing economic
8.17sectors. This is a onetime appropriation.
8.18Notwithstanding Minnesota Statutes, section
8.1916A.28, the appropriations encumbered
8.20under contract on or before June 30, 2009, for
8.21total maximum daily load (TMDL) contracts
8.22or grants are available until June 30, 2011.
8.24$14,000,000 each year is from the
8.25environmental fund for SCORE block grants
8.26to counties.
8.27Any unencumbered grant and loan balances
8.28in the first year do not cancel but are available
8.29for grants and loans in the second year.
8.30All money deposited in the environmental
8.31fund for the metropolitan solid waste landfill
8.32fee under Minnesota Statutes, section
8.33473.843, and not otherwise appropriated, is
9.1appropriated to the agency for the purposes
9.2of Minnesota Statutes, section 473.844.
9.3$119,000 the first year and $119,000 the
9.4second year are from the environmental
9.5fund for environmental assistance grants
9.6or loans under Minnesota Statutes, section
9.7115A.0716.
9.8$1,200,000 the first year and $1,200,000 the
9.9second year are from the environmental fund
9.10to retrofit school buses statewide, including
9.11buses for preschool children, and for loans to
9.12small trucking firms to install equipment to
9.13reduce fuel consumption. This is a onetime
9.14appropriation.
9.15Notwithstanding Minnesota Statutes, section
9.1616A.28, the appropriations encumbered
9.17under contract on or before June 30,
9.182009, for environmental assistance grants
9.19awarded under Minnesota Statutes, section
9.20115A.0716, and for technical and research
9.21assistance under Minnesota Statutes,
9.22section 115A.152, technical assistance
9.23under Minnesota Statutes, section 115A.52,
9.24and pollution prevention assistance under
9.25Minnesota Statutes, section 115D.04, are
9.26available until June 30, 2011.
9.28The commissioner may transfer money from
9.29the environmental fund to the remediation
9.30fund as necessary for the purposes of the
9.31remediation fund under Minnesota Statutes,
9.32section 116.155, subdivision 2.
10.8The amounts that may be spent for each
10.9purpose are specified in the following
10.10subdivisions.
10.18$475,000 the first year and $475,000 the
10.19second year are for iron ore cooperative
10.20research. Of this amount, $200,000 each year
10.21is from the minerals management account in
10.22the natural resources fund and $275,000 each
10.23year is from the general fund. $237,500 the
10.24first year and $237,500 the second year are
10.25available only as matched by $1 of nonstate
10.26money for each $1 of state money. The
10.27match may be cash or in-kind.
10.28$86,000 the first year and $86,000 the
10.29second year are for minerals cooperative
10.30environmental research, of which $43,000
10.31the first year and $43,000 the second year are
10.32available only as matched by $1 of nonstate
10.33money for each $1 of state money. The
10.34match may be cash or in-kind.
10.35$2,800,000 the first year and $2,696,000
10.36the second year are from the minerals
11.1management account in the natural resources
11.2fund for use as provided in Minnesota
11.3Statutes, section 93.2236, paragraph (c).
11.4$200,000 the first year and $200,000 the
11.5second year are from the state forest suspense
11.6account in the permanent school fund to
11.7accelerate land exchanges, land sales, and
11.8commercial leasing of school trust lands and
11.9to identify, evaluate, and lease construction
11.10aggregate located on school trust lands. This
11.11appropriation is to be used for securing
11.12maximum long-term economic return
11.13from the school trust lands consistent with
11.14fiduciary responsibilities and sound natural
11.15resources conservation and management
11.16principles.
11.17$15,000 the first year is for a report
11.18by February 1, 2008, to the house and
11.19senate committees with jurisdiction over
11.20environment and natural resources on
11.21proposed minimum legal and conservation
11.22standards that could be applied to
11.23conservation easements acquired with public
11.24money.
11.25$701,000 the first year and $701,000 the
11.26second year are to support the land records
11.27management system. Of this amount,
11.28$326,000 the first year and $326,000 the
11.29second year are from the game and fish fund
11.30and $375,000 the first year and $375,000 the
11.31second year are from the natural resources
11.32fund.
12.4$310,000 the first year and $310,000 the
12.5second year are for grants for up to 50
12.6percent of the cost of implementing the Red
12.7River mediation agreement.
12.8$65,000 the first year and $65,000 the
12.9second year are for a grant to the Mississippi
12.10Headwaters Board for up to 50 percent of
12.11the cost of implementing the comprehensive
12.12plan for the upper Mississippi within areas
12.13under the board's jurisdiction.
12.14$5,000 the first year and $5,000 the second
12.15year are for payment to the Leech Lake Band
12.16of Chippewa Indians to implement the band's
12.17portion of the comprehensive plan for the
12.18upper Mississippi.
12.19$200,000 the first year and $200,000 the
12.20second year are for the construction of ring
12.21dikes under Minnesota Statutes, section
12.22103F.161. The ring dikes may be publicly
12.23or privately owned. Any unencumbered
12.24balance does not cancel at the end of the
12.25first year and is available for the second
12.26year. If the appropriation in the first year is
12.27insufficient, the appropriation for the second
12.28year is available in the first year.
12.29$1,280,000 the first year and $1,280,000 the
12.30second year are to support the identification
12.31of impaired waters and develop plans to
12.32address those impairments, as required by the
12.33federal Clean Water Act. This is a onetime
12.34appropriation.
13.5$7,217,000 the first year and $7,217,000
13.6the second year are for prevention,
13.7presuppression, and suppression costs of
13.8emergency firefighting and other costs
13.9incurred under Minnesota Statutes, section
13.1088.12. If the appropriation for either
13.11year is insufficient to cover all costs of
13.12presuppression and suppression, the amount
13.13necessary to pay for these costs during the
13.14biennium is appropriated from the general
13.15fund.
13.16By November 15 of each year, the
13.17commissioner of natural resources shall
13.18submit a report to the chairs of the house
13.19and senate committees and divisions having
13.20jurisdiction over environment and natural
13.21resources finance, identifying all firefighting
13.22costs incurred and reimbursements received
13.23in the prior fiscal year. These appropriations
13.24may not be transferred. Any reimbursement
13.25of firefighting expenditures made to the
13.26commissioner from any source other than
13.27federal mobilizations shall be deposited into
13.28the general fund.
13.29$17,983,000 the first year and $18,293,000
13.30the second year are from the forest
13.31management investment account in the
13.32natural resources fund for only the purposes
13.33specified in Minnesota Statutes, section
13.3489.039, subdivision 2.
14.1$780,000 the first year and $780,000 the
14.2second year are for the Forest Resources
14.3Council for implementation of the
14.4Sustainable Forest Resources Act.
14.5$350,000 the first year and $350,000 the
14.6second year are for the FORIST timber
14.7management information system, other
14.8information systems, and for increased
14.9forestry management. The amount in the
14.10second year is also available in the first year.
14.11$257,000 the first year and $264,000 the
14.12second year are from the game and fish
14.13fund to implement ecological classification
14.14systems (ECS) standards on forested
14.15landscapes. This appropriation is from
14.16revenue deposited in the game and fish fund
14.17under Minnesota Statutes, section 297A.94,
14.18paragraph (e), clause (1).
14.19$55,000 the first year and $55,000 the
14.20second year are to develop and implement
14.21a statewide information and education
14.22campaign regarding the proposed statewide
14.23ban on the transport, storage, or use of
14.24nonapproved firewood on state administered
14.25land.
14.26$75,000 the first year is to the Forest
14.27Resources Council for a task force on
14.28forest protection and $75,000 the second
14.29year is appropriated to the commissioner
14.30for grants to cities, counties, townships,
14.31special recreation areas, and park and
14.32recreation boards in cities of the first class
14.33for the identification, removal, disposal, and
14.34replacement of dead or dying shade trees
14.35lost to forest pests or disease. For purposes
15.1of this section, "shade tree" means a woody
15.2perennial grown primarily for aesthetic or
15.3environmental purposes with minimal to
15.4residual timber value. The commissioner
15.5shall consult with municipalities; park and
15.6recreation boards in cities of the first class;
15.7nonprofit organizations; and other interested
15.8parties in developing eligibility criteria.
15.9$50,000 the first year and $100,000 the
15.10second year are from the natural resources
15.11fund for forest road maintenance in support
15.12of all-terrain vehicle trails.
15.17$640,000 the first year and $640,000 the
15.18second year are from the water recreation
15.19account in the natural resources fund for state
15.20park water access projects.
15.21$3,996,000 the first year and $3,996,000 the
15.22second year are from the natural resources
15.23fund for state park and recreation area
15.24operations. This appropriation is from the
15.25revenue deposited in the natural resources
15.26fund under Minnesota Statutes, section
15.27297A.94, paragraph (e), clause (2).
15.28$5,000 each year is for payment of expenses
15.29of the Cuyuna Country State Recreation Area
15.30Citizens Advisory Council.
15.31The commissioner of natural resources, in
15.32consultation with the local elected officials
15.33and citizens of Meeker County, shall develop
15.34a plan for Greenleaf Lake State Recreation
15.35Area. The commissioner shall submit the
16.1plan to the legislative committees with
16.2jurisdiction over state parks and capital
16.3investment by February 1, 2008.
16.9$8,424,000 the first year and $8,424,000
16.10the second year are from the snowmobile
16.11trails and enforcement account in the natural
16.12resources fund for snowmobile grants-in-aid.
16.13The additional money under this paragraph
16.14may be used for new grant-in-aid trails. Any
16.15unencumbered balance does not cancel at the
16.16end of the first year and is available for the
16.17second year.
16.18$1,140,000 the first year and $1,132,000 the
16.19second year are from the natural resources
16.20fund for off-highway vehicle grants-in-aid.
16.21Of this amount, $790,000 the first year
16.22and $882,000 the second year are from the
16.23all-terrain vehicle account; $150,000 each
16.24year is from the off-highway motorcycle
16.25account; and $200,000 the first year and
16.26$100,000 the second year are from the
16.27off-road vehicle account. Any unencumbered
16.28balance does not cancel at the end of the first
16.29year and is available for the second year.
16.30$261,000 the first year and $261,000 the
16.31second year are from the water recreation
16.32account in the natural resources fund for a
16.33safe harbor program on Lake Superior.
16.34$742,000 the first year and $760,000
16.35the second year are from the natural
17.1resources fund for state trail operations
17.2and maintenance. The money may be used
17.3for trail maintenance, signage, mapping,
17.4interpretation, native prairie restoration
17.5using best management practices, and
17.6maintenance of nonmotorized forest trails.
17.7This appropriation is from the revenue
17.8deposited in the natural resources fund
17.9under Minnesota Statutes, section 297A.94,
17.10paragraph (e), clause (2).
17.11$32,000 the first year and $107,000 the
17.12second year are from the game and fish fund
17.13and is added to the base for expenditures
17.14on water access sites according to the
17.15requirements of the federal sport and fish
17.16restoration program.
17.22$410,000 the first year and $418,000 the
17.23second year are for resource population
17.24surveys in the 1837 treaty area. Of this
17.25amount, $274,000 the first year and $288,000
17.26the second year are from the game and fish
17.27fund.
17.28$8,061,000 the first year and $8,167,000
17.29the second year are from the heritage
17.30enhancement account in the game and
17.31fish fund for only the purposes specified
17.32in Minnesota Statutes, section 297A.94,
17.33paragraph (e), clause (1). Of this amount,
17.34$1,175,000 the first year and $1,175,000 the
17.35second year are for preserving, restoring, and
18.1enhancing grassland/wetland complexes on
18.2public lands.
18.3Notwithstanding Minnesota Statutes, section
18.484.943, $13,000 the first year and $13,000
18.5the second year from the critical habitat
18.6private sector matching account may be used
18.7to publicize the critical habitat license plate
18.8match program.
18.9$8,000 the first year and $8,000 the second
18.10year are appropriated from the game and
18.11fish fund for transfer to the wild turkey
18.12management account for purposes specified
18.13in Minnesota Statutes, section 97A.075,
18.14subdivision 5.
18.15$108,000 the first year and $108,000 the
18.16second year are from the game and fish
18.17fund for costs associated with administering
18.18fishing contest permits.
18.19$182,000 the first year and $132,000 the
18.20second year are to accelerate wildlife health
18.21programs and to prevent the spread of
18.22disease from livestock and poultry to the
18.23wildlife population. $50,000 in the first
18.24year is for fencing cattle-feeding areas in
18.25bovine tuberculosis control zones, under the
18.26emergency deterrent materials assistance
18.27program in Minnesota Statutes, section
18.2897A.028, subdivision 3. This appropriation
18.29is available until June 30, 2009. $66,000 of
18.30this amount is permanent.
18.31$575,000 the first year and $575,000 the
18.32second year are for preserving, restoring, and
18.33enhancing grassland/wetland complexes on
18.34public lands.
19.1$150,000 the first year and $150,000 the
19.2second year are from the game and fish fund
19.3to expand the roadsides for wildlife program.
19.4$175,000 the first year and $175,000 the
19.5second year are appropriated from the game
19.6and fish fund to the commissioner of natural
19.7resources for grants to Let's Go Fishing
19.8of Minnesota to promote opportunities
19.9for fishing. The grants must be matched
19.10equally with cash or in-kind contributions
19.11from nonstate sources. This is a onetime
19.12appropriation.
19.13Notwithstanding Minnesota Statutes, section
19.1416A.28, the appropriations encumbered
19.15under contract on or before June 30, 2009, for
19.16aquatic restoration grants and wildlife habitat
19.17grants are available until June 30, 2010.
19.23$1,192,000 the first year and $1,223,000 the
19.24second year are from the nongame wildlife
19.25management account in the natural resources
19.26fund for the purpose of nongame wildlife
19.27management. Notwithstanding Minnesota
19.28Statutes, section 290.431, $100,000 the first
19.29year and $100,000 the second year may be
19.30used for nongame information, education,
19.31and promotion.
19.32$1,612,000 the first year and $1,636,000
19.33the second year are from the heritage
19.34enhancement account in the game and
19.35fish fund for only the purposes specified
20.1in Minnesota Statutes, section 297A.94,
20.2paragraph (e), clause (1), on public lands.
20.3$2,765,000 in the first year and $3,985,000
20.4in the second year, of which $1,795,000 the
20.5first year and $1,795,000 the second year
20.6are from the invasive species account in the
20.7natural resources fund for law enforcement
20.8and water access inspection to prevent the
20.9spread of invasive species, grants to manage
20.10invasive plants in public waters, technical
20.11assistance to grant applicants for improving
20.12lake quality, and management of terrestrial
20.13invasive species on state-administered lands.
20.14Priority shall be given to preventing the
20.15spread of aquatic invertebrates. Of this
20.16amount, $250,000 the first year and $250,000
20.17the second year are for a zebra mussel pilot
20.18program. This is a onetime appropriation.
20.19An applicant for a grant to manage invasive
20.20plants in public waters must have a workable
20.21plan for improving water quality and
20.22reducing the need for additional treatment.
20.23Grants may not be made for chemicals that
20.24are likely endocrine disruptors. A plan to
20.25prevent the introduction of asian carp into
20.26Minnesota waters must be made available to
20.27the public by November 1, 2007.
20.28$125,000 the first year is to support
20.29a technical committee and for land
20.30management units that manage grass lands
20.31in order to develop plans to optimize native
20.32prairie seed harvest and replanting on
20.33state-owned lands. The work must use best
20.34management practices with an outcome of
20.35ensuring the survival of the native prairie
20.36remaining in Minnesota and to estimate the
21.1value of the seeds. Maximizing seed harvest
21.2may include allowing seed producers to keep
21.3a portion of the seed as compensation for
21.4supplying equipment and labor.
21.5The Department of Natural Resources
21.6in cooperation with the Department of
21.7Agriculture and the Board of Water and
21.8Soil Resources shall establish a technical
21.9advisory committee which has the expertise
21.10to develop (1) criteria to identify public
21.11and private marginal lands which could be
21.12used to produce native prairie seeds of a
21.13local ecotype or restore native prairies that
21.14could be used to produce clean energy, (2)
21.15guidelines for production that ensure high
21.16carbon sequestration, protection of wildlife
21.17and waters, and minimization of inputs and
21.18that do not compromise the survival of the
21.19native prairie remaining in Minnesota, and
21.20(3) recommendations for incentives that will
21.21result in the production of native prairie seeds
21.22of a local ecotype or restore native prairies.
21.23In addition to agency members, the advisory
21.24committee shall have one member from
21.25each of two farm organizations, one member
21.26from a sustainable farmer organization, one
21.27member each from three rural economic
21.28development organizations, one member
21.29each from three environmental organizations,
21.30and one member each from three wildlife or
21.31conservation organizations. The technical
21.32committee shall work with the NextGen
21.33Energy Board to develop a clean energy
21.34program. A report on outcomes from the
21.35technical committee is due December 15,
22.12007, to the legislative finance chairs on
22.2environment and natural resources.
22.3$50,000 in the first year is for the
22.4commissioner, in consultation with the
22.5Environmental Quality Board, to report to
22.6the house and senate committees having
22.7jurisdiction over environmental policy
22.8and finance by February 1, 2008, on the
22.9Mississippi River critical area program. The
22.10report shall include the status of critical
22.11area plans, zoning ordinances, the number
22.12and types of revisions anticipated, and the
22.13nature and number of variances sought. The
22.14report shall include recommendations that
22.15adequately protect and manage the aesthetic
22.16integrity and natural environment of the river
22.17corridor.
22.18$1,500,000 the first year and $1,500,000 the
22.19second year are to support the identification
22.20of impaired waters and develop plans to
22.21address those impairments, as required by the
22.22federal Clean Water Act. This is a onetime
22.23appropriation.
22.30$100,000 each year is for a conservation
22.31officer position to be stationed at Mississippi
22.32Headwaters State Forest to work with local
22.33jurisdictions, including Native American
22.34reservations, in enforcing state law along
22.35the Mississippi River from Lake Itasca
23.1downstream to Lake Bemidji and in the
23.2Bemidji region.
23.3$1,082,000 the first year and $1,082,000 the
23.4second year are from the water recreation
23.5account in the natural resources fund for
23.6grants to counties for boat and water safety.
23.7$100,000 the first year and $100,000 the
23.8second year are from the remediation fund
23.9for solid waste enforcement activities under
23.10Minnesota Statutes, section 116.073.
23.11$315,000 the first year and $315,000 the
23.12second year are from the snowmobile
23.13trails and enforcement account in the
23.14natural resources fund for grants to local
23.15law enforcement agencies for snowmobile
23.16enforcement activities.
23.17$1,164,000 the first year and $1,164,000
23.18the second year are from the heritage
23.19enhancement account in the game and
23.20fish fund for only the purposes specified
23.21in Minnesota Statutes, section 297A.94,
23.22paragraph (e), clause (1).
23.23$225,000 the first year and $225,000
23.24the second year are from the natural
23.25resources fund for grants to county law
23.26enforcement agencies for off-highway
23.27vehicle enforcement and public education
23.28activities based on off-highway vehicle use
23.29in the county. Of this amount, $213,000 each
23.30year is from the all-terrain vehicle account,
23.31$11,000 each year is from the off-highway
23.32motorcycle account, and $1,000 each year
23.33is from the off-road vehicle account. The
23.34county enforcement agencies may use
23.35money received under this appropriation
24.1to make grants to other local enforcement
24.2agencies within the county that have a high
24.3concentration of off-highway vehicle use. Of
24.4this appropriation, $25,000 each year is for
24.5administration of these grants.
24.6$15,000 the first year and $5,000 the second
24.7year are from the off-road vehicle account
24.8in the natural resources fund to establish
24.9the off-road vehicle environment and safety
24.10education and training program under
24.11Minnesota Statutes, section 84.8015.
24.12$50,000 the first year and $225,000 the
24.13second year are from the natural resources
24.14fund for grants to qualifying off-highway
24.15vehicle organizations to assist in safety and
24.16environmental education and monitoring
24.17trails on public lands. Of this appropriation,
24.18$25,000 each year is for administration of
24.19these grants.
24.20Overtime must be distributed to conservation
24.21officers at historical levels; however, a
24.22reasonable reduction or addition may be
24.23made to the officer's allocation, if justified,
24.24based on an individual officer's workload. If
24.25funding for enforcement is reduced because
24.26of an unallotment, the overtime bank may be
24.27reduced in proportion to reductions made in
24.28other areas of the budget.
25.1$38,000 in the first year is from the game and
25.2fish fund for the study on the natural stands
25.3of wild rice required in article 2.
25.4$270,000 the first year and $270,000 the
25.5second year are from the natural resources
25.6fund for grants to be divided equally between
25.7the city of St. Paul for the Como Zoo
25.8and Conservatory and the city of Duluth
25.9for the Duluth Zoo. This appropriation
25.10is from the revenue deposited to the fund
25.11under Minnesota Statutes, section 297A.94,
25.12paragraph (e), clause (5).
25.13$55,000 in the first year and $7,000 in the
25.14second year are to be transferred to the
25.15Environmental Quality Board to fulfill the
25.16requirement of Minnesota Statutes, sections
25.17116C.92 and 116C.94.
25.20$4,102,000 the first year and $4,102,000 the
25.21second year are for natural resources block
25.22grants to local governments. The board may
25.23reduce the amount of the natural resources
25.24block grant to a county by an amount equal to
25.25any reduction in the county's general services
25.26allocation to a soil and water conservation
25.27district from the county's previous year
25.28allocation when the board determines that
25.29the reduction was disproportionate. Grants
25.30must be matched with a combination of local
25.31cash or in-kind contributions. The base grant
25.32portion related to water planning must be
25.33matched by an amount that would be raised
25.34by a levy under Minnesota Statutes, section
25.35103B.3369.
26.1$3,566,000 the first year and $3,566,000
26.2the second year are for grants requested
26.3by soil and water conservation districts for
26.4general purposes, nonpoint engineering,
26.5and implementation of the reinvest in
26.6Minnesota conservation reserve program.
26.7Upon approval of the board, expenditures
26.8may be made from these appropriations for
26.9supplies and services benefiting soil and
26.10water conservation districts. Any district
26.11requesting a grant under this paragraph
26.12shall create and maintain a Web page that
26.13publishes, at a minimum, its annual plan,
26.14annual report, annual audit, and annual
26.15budget, including membership dues and
26.16meeting notices and minutes.
26.17$3,250,000 the first year and $3,250,000
26.18the second year are for grants to soil and
26.19water conservation districts for cost-sharing
26.20contracts for erosion control and water
26.21quality management. Of this amount, at least
26.22$1,200,000 the first year and $1,200,000 the
26.23second year are for grants for cost-sharing
26.24contracts to establish and maintain vegetation
26.25buffers of restored native prairie and restored
26.26prairie using seeds of a local ecotype region.
26.27$300,000 the first year and $300,000 the
26.28second year are available to begin county
26.29cooperative weed management programs
26.30on natural lands and private lands enrolled
26.31in state and federal conservation programs
26.32and to restore native plants in selected
26.33invasive species management sites by
26.34providing local native seeds and plants
26.35to landowners for implementation. This
26.36appropriation is available until expended. If
27.1the appropriation in either year is insufficient,
27.2the appropriation in the other year is available
27.3for it. Notwithstanding Minnesota Statutes,
27.4section 103C.501, any balance in the board's
27.5cost-share program that remains from the
27.6fiscal year 2007 appropriation is available
27.7in an amount up to $2,000 for a grant to
27.8the Faribault Soil and Water Conservation
27.9District to pay for erosion repair on the Blue
27.10Earth River, and up to $40,000 is available for
27.11grants to soil and water conservation districts
27.12for Web site development and reporting; and
27.13$100,000 in fiscal years 2008 and 2009 is
27.14for evaluating and reporting on performance,
27.15financial, and activity information of local
27.16water management entities as provided for in
27.17article 2, section 38.
27.18The board shall develop a forestry practice
27.19docket for cost-share money. The board shall
27.20develop standards or policies for cost-share
27.21practices for the following purposes: (1)
27.22establishment and maintenance of vegetated
27.23buffers of restored prairie or restored native
27.24prairie using seeds of a local ecotype;
27.25(2) establishment of cooperative weed
27.26management programs on private natural
27.27lands and lands enrolled in state and federal
27.28conservation programs and restoration of
27.29native plants in selected invasive species
27.30management sites by providing local native
27.31seeds and plants to landowners; and (3)
27.32establishment of soil and water conservation
27.33and ecological improvement practices on
27.34private forest lands.
27.35$100,000 the first year and $100,000 the
27.36second year are for a grant to the Red
28.1River Basin Commission to develop a Red
28.2River basin plan and to coordinate water
28.3management activities in the states and
28.4provinces bordering the Red River. The
28.5unencumbered balance in the first year does
28.6not cancel but is available for the second
28.7year.
28.8$5,450,000 the first year and $5,450,000 the
28.9second year are for implementation of the
28.10Clean Water Legacy Act as follows:
28.11(1) $1,500,000 each year is for targeted
28.12nonpoint restoration cost-share and incentive
28.13payments, of which up to $1,400,000 each
28.14year is available for grants. Of this amount,
28.15$250,000 each year must be contracted for
28.16services with the Minnesota Conservation
28.17Corps. The grant funds are available until
28.18expended;
28.19(2) $2,000,000 each year is for targeted
28.20nonpoint restoration and protection and
28.21technical, compliance, and engineering
28.22assistance activities, of which up to
28.23$1,325,000 the first year and $1,700,000
28.24the second year are available for grants, of
28.25which $225,000 the first year is to inventory
28.26wetland mitigation opportunities and water
28.27quality and watershed improvement projects
28.28in a greater than 80 percent area and of
28.29which $150,000 the first year is to conduct a
28.30regionwide wetland mitigation siting analysis
28.31for greater than 80 percent areas. The
28.32$225,000 amount shall include an inventory
28.33of the wetland and water resources that have
28.34been developed on former mine lands and
28.35an analysis of the functions and values of
29.1those wetland and water resources. This is a
29.2onetime appropriation and is available until
29.3June 30, 2009. The $150,000 amount for
29.4analysis shall (i) evaluate wetland mitigation
29.5opportunities in each watershed and wetland
29.6bank service area, (ii) develop goals for
29.7maintaining water quality in the greater than
29.880 percent areas, and (iii) identify wetland
29.9mitigation opportunities in other regions with
29.10a greater loss of wetlands or with impaired
29.11waters. This is a onetime appropriation and
29.12is available until June 30, 2009. A report on
29.13the analysis outcomes shall be given to the
29.14house and senate chairs of the environment
29.15and natural resources policy and finance
29.16committees by January 15, 2009;
29.17(3) $200,000 each year is for reporting
29.18and evaluating applied soil and water
29.19conservation practices;
29.20(4) $1,000,000 each year is for grants
29.21to implement county individual sewage
29.22treatment system programs. Of this
29.23amount, after a county has complied with
29.24requirements to adopt ordinances pursuant
29.25to Minnesota Statutes, section 115.55,
29.26subdivision 2, the county may request grants
29.27of up to $60,000 the first year and $60,000
29.28the second year to inventory properties with
29.29individual sewage treatment systems that
29.30are an imminent threat to public health or
29.31safety due to water discharges of untreated
29.32sewage, and require compliance under an
29.33applicable ordinance. The grant amount
29.34shall be proportional to the number of
29.35properties expected to be inventoried. Each
29.36county receiving an appropriation under
30.1this paragraph shall report the number of
30.2inspections and the number determined to be
30.3an imminent threat to public health or safety
30.4to the Pollution Control Agency by February
30.51 of each year;
30.6(5) $650,000 each year is for feedlot water
30.7quality grants for feedlots under 300 animal
30.8units where there are impaired waters; and
30.9(6) $100,000 each year is to the Minnesota
30.10River Basin Joint Powers Board, also known
30.11as the Minnesota River Board, for operating
30.12expenses to measure and report the results of
30.13projects in the 12 major watersheds within
30.14the Minnesota River basin.
30.15If the appropriations in clauses (1) to (6) in
30.16either year are insufficient, the appropriation
30.17in the other year is available for it. All of
30.18the money appropriated in clauses (1) to
30.19(6) as grants to local governments shall be
30.20administered through the Board of Water
30.21and Soil Resources' local water resources
30.22protection and management program under
30.23Minnesota Statutes, section 103B.3369.
30.24$140,000 the first year and $140,000
30.25the second year are for a grant to Area
30.26II, Minnesota River Basin Projects,
30.27for floodplain management, including
30.28administration of programs.
30.29$1,120,000 the first year and $1,060,000 the
30.30second year may be spent for the following
30.31purposes to support implementation of the
30.32Wetland Conservation Act: $500,000 each
30.33year is to make grants to local units of
30.34governments to improve response to major
30.35wetland violations; $500,000 each year is for
31.1staffing to provide adequate state oversight
31.2and technical support to local governments
31.3administering the Wetland Conservation Act;
31.4$60,000 each year is for staff to monitor and
31.5enforce wetland replacement and wetland
31.6bank sites; and $60,000 the first year is
31.7for rulemaking required by changes to the
31.8Wetland Conservation Act.
31.9$450,000 the first year and $800,000
31.10the second year are to implement
31.11recommendations of the Drainage Work
31.12Group to enhance public drainage and
31.13modernization as follows: $150,000 the first
31.14year is to develop guidelines for drainage
31.15records preservation and modernization;
31.16$500,000 the second year is for cost-share
31.17grants to local governments for public
31.18drainage records modernization; and
31.19$300,000 each year is to provide assistance
31.20to local drainage management officials, to
31.21facilitate the work of the Drainage Work
31.22Group, to staff a drainage assistance team,
31.23and to update the Minnesota Public Drainage
31.24Manual. All of the money appropriated in
31.25this paragraph as grants to local governments
31.26shall be administered through the Board
31.27of Water and Soil Resources' local water
31.28resources protection and management
31.29program under Minnesota Statutes, section
31.30103B.3369.
31.31In addition to other authorities, the Board
31.32of Water and Soil Resources may reduce,
31.33withhold, or redirect grants and other funding
31.34if the local water management entity has
31.35not corrected deficiencies as prescribed in a
32.1notice from the board within one year from
32.2the date of the notice.
32.8$4,050,000 the first year and $4,050,000
32.9the second year are for metropolitan parks
32.10operations.
32.11$4,570,000 the first year and $4,570,000 the
32.12second year are from the natural resources
32.13fund for metropolitan area regional parks
32.14and trails maintenance and operations. This
32.15appropriation is from the revenue deposited
32.16in the natural resources fund under Minnesota
32.17Statutes, section 297A.94, paragraph (e),
32.18clause (3).
32.25The Minnesota Conservation Corps may
32.26receive money appropriated from the
32.27natural resources fund under this section
32.28only as provided in an agreement with the
32.29commissioner of natural resources.
32.32 Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to
32.33read:
33.1 Subd. 35. Public official. "Public official" means any:
33.2 (1) member of the legislature;
33.3 (2) individual employed by the legislature as secretary of the senate, legislative
33.4auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
33.5attorney in the Office of Senate Counsel and Research or House Research;
33.6 (3) constitutional officer in the executive branch and the officer's chief administrative
33.7deputy;
33.8 (4) solicitor general or deputy, assistant, or special assistant attorney general;
33.9 (5) commissioner, deputy commissioner, or assistant commissioner of any state
33.10department or agency as listed in section15.01 or
15.06 , or the state chief information
33.11officer;
33.12 (6) member, chief administrative officer, or deputy chief administrative officer of a
33.13state board or commission that has either the power to adopt, amend, or repeal rules under
33.14chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
33.15 (7) individual employed in the executive branch who is authorized to adopt, amend,
33.16or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
33.17 (8) executive director of the State Board of Investment;
33.18 (9) deputy of any official listed in clauses (7) and (8);
33.19 (10) judge of the Workers' Compensation Court of Appeals;
33.20 (11) administrative law judge or compensation judge in the State Office of
33.21Administrative Hearings or referee in the Department of Employment and Economic
33.22Development;
33.23 (12) member, regional administrator, division director, general counsel, or operations
33.24manager of the Metropolitan Council;
33.25 (13) member or chief administrator of a metropolitan agency;
33.26 (14) director of the Division of Alcohol and Gambling Enforcement in the
33.27Department of Public Safety;
33.28 (15) member or executive director of the Higher Education Facilities Authority;
33.29 (16) member of the board of directors or president of Minnesota Technology, Inc.;
33.30 (17) member of the board of directors or executive director of the Minnesota State
33.31High School League;
33.32 (18) member of the Minnesota Ballpark Authority established in section 473.755;or
33.33 (19) citizen member of the Legislative-Citizen Commission on Minnesota
33.34Resources.
33.35 (20) manager of a watershed district or member of a watershed management
33.36organization; or
34.1 (21) supervisor of a soil and water conservation district.
34.2 Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
34.3 Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon
34.4the agency's receipt of a written request containing all information required by law or by
34.5a previously adopted rule, ordinance, or policy of the agency, including the applicable
34.6application fee. If an agency receives a written request that does not contain all required
34.7information, the 60-day limit starts over only if the agency sends written notice within 15
34.8business days of receipt of the request telling the requester what information is missing.
34.9 (b) If a request relating to zoning, septic systems, watershed district review, soil and
34.10water conservation district review, or expansion of the metropolitan urban service area
34.11requires the approval of more than one state agency in the executive branch, the 60-day
34.12period in subdivision 2 begins to run for all executive branch agencies on the day a request
34.13containing all required information is received by one state agency. The agency receiving
34.14the request must forward copies to other state agencies whose approval is required.
34.15 (c) An agency response, including an approval with conditions, meets the 60-day
34.16time limit if the agency can document that the response was sent within 60 days of receipt
34.17of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
34.18or rescind the approval by the agency and will not give rise to a claim that the 60-day
34.19limit was not met.
34.20 (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
34.21order requires a process to occur before the agency acts on the request, and the time
34.22periods prescribed in the state statute, federal law, or court order make it impossible to
34.23act on the request within 60 days. In cases described in this paragraph, the deadline is
34.24extended to 60 days after completion of the last process required in the applicable statute,
34.25law, or order. Final approval of an agency receiving a request is not considered a process
34.26for purposes of this paragraph.
34.27 (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
34.28agency requires prior approval of a federal agency; or (2) an application submitted to
34.29a city, county, town, school district, metropolitan or regional entity, or other political
34.30subdivision requires prior approval of a state or federal agency. In cases described in
34.31this paragraph, the deadline for agency action is extended to 60 days after the required
34.32prior approval is granted.
34.33 (f) An agency may extend the time limit in subdivision 2 before the end of the
34.34initial 60-day period by providing written notice of the extension to the applicant. The
35.1notification must state the reasons for the extension and its anticipated length, which may
35.2not exceed 60 days unless approved by the applicant.
35.3 (g) An applicant may by written notice to the agency request an extension of the
35.4time limit under this section.
35.5EFFECTIVE DATE.This section is effective the day following final enactment.
35.6 Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
35.7 Subd. 1a. Revenues. The following revenues must be deposited in the
35.8environmental fund:
35.9 (1) all revenue from the motor vehicle transfer fee imposed under section115A.908 ;
35.10 (2) all fees collected under section116.07, subdivision 4d ;
35.11 (3) all money collected by the Pollution Control Agency in enforcement matters
35.12as provided in section115.073 ;
35.13 (4) all revenues from license fees for individual sewage treatment systems under
35.14section115.56 ;
35.15 (5) all loan repayments deposited under section115A.0716 ;
35.16 (6) all revenue from pollution prevention fees imposed under section115D.12 ;
35.17 (7) all loan repayments deposited under section116.994 ;
35.18 (8) all fees collected under section116C.834 ;
35.19 (9) revenue collected from the solid waste management tax pursuant to chapter 297H;
35.20 (10) fees collected under section473.844 ; and
35.21 (11) interest accrued on the fund; and
35.22 (12) money received in the form of gifts, grants, reimbursement, or appropriation
35.23from any source for any of the purposes provided in subdivision 2, except federal grants.
35.24 Sec. 4. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.
35.25 Subdivision 1. Reimbursement. A meat processor holding a license under chapter
35.2628A may apply to the commissioner of agriculture for reimbursement of $70 towards the
35.27cost of processing a deer donated according to subdivision 1. The meat processor shall
35.28deliver the deer, processed into cuts or ground meat, to a charitable organization that is
35.29registered under chapter 309 and with the commissioner of agriculture and that operates
35.30a food assistance program. To request reimbursement, the processor shall submit an
35.31application, on a form prescribed by the commissioner of agriculture, the tag number
35.32under which the deer was taken, and a receipt for the deer from the charitable organization.
35.33 Subd. 2. Distribution. (a) The commissioner of agriculture shall ensure the
35.34equitable statewide distribution of processed deer by requiring the charitable organization
36.1to allocate and distribute processed deer according to the allocation formula used in the
36.2distribution of United States Department of Agriculture commodities under the federal
36.3emergency food assistance program. The charitable organization must submit quarterly
36.4reports to the commissioner on forms prescribed by the commissioner. The reports must
36.5include, but are not limited to, information on the amount of processed deer received and
36.6the organizations to which the meat was distributed.
36.7 (b) The commissioner of agriculture may adopt rules to implement this section.
36.8 Sec. 5. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:
36.9 Subdivision 1. License required. (a) A person or entity may not operate an aquatic
36.10farm without first obtaining an aquatic farm license from the commissioner.
36.11 (b) Applications for an aquatic farm license must be made on forms provided by
36.12the commissioner.
36.13 (c) Licenses are valid for five years and are transferable upon notification to the
36.14commissioner.
36.15 (d) The commissioner shall issue an aquatic farm license on payment of the required
36.16license fee under section17.4988 .
36.17 (e) A license issued by the commissioner is not a determination of private property
36.18rights, but is only based on a determination that the licensee does not have a significant
36.19detrimental impact on the public resource.
36.20 (f) The commissioner shall not issue or renew a license to raise minnows in a natural
36.21water body if the natural water body is the subject of a protective easement or other
36.22interest in land that was acquired with funding from federal waterfowl stamp proceeds
36.23or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the
36.24natural water body was the subject of any other development, restoration, maintenance, or
36.25preservation project funded under section 97A.075, subdivision 2.
36.26EFFECTIVE DATE.This section is effective July 1, 2008.
36.27 Sec. 6. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:
36.28 Subd. 9. Professional services support account. The commissioner of natural
36.29resources may bill the various programs carried out by the commissioner for the costs of
36.30providing them with professional support services. Except as provided under section
36.3189.421, receipts must be credited to a special account in the state treasury and are
36.32appropriated to the commissioner to pay the costs for which the billings were made.
36.33 The commissioner of natural resources shall submit to the commissioner of finance
36.34before the start of each fiscal year a work plan showing the estimated work to be done
37.1during the coming year, the estimated cost of doing the work, and the positions and fees
37.2that will be necessary. This account is exempted from statewide and agency indirect
37.3cost payments.
37.4 Sec. 7. [84.02] DEFINITIONS.
37.5 Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this
37.6section shall have the meanings given them.
37.7 Subd. 2. Best management practice for native prairie restoration. "Best
37.8management practice for native prairie restoration" means using seeds collected from a
37.9native prairie within the same county or within 25 miles of the county's border, but not
37.10across the boundary of an ecotype region.
37.11 Subd. 3. Created grassland. "Created grassland" means a restoration using seeds
37.12or plants with origins outside of the state of Minnesota.
37.13 Subd. 4. Ecotype region. "Ecotype region" means the following ecological
37.14subsections and counties based on the Department of Natural Resources map, "County
37.15Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.
37.36 Subd. 5. Native prairie. "Native prairie" means land that has never been plowed
37.37where native prairie vegetation originating from the site currently predominates or, if
37.38disturbed, is predominantly covered with native prairie vegetation that originated from the
37.39site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
38.1has predominantly native vegetation originating from the site and conservation practices
38.2have maintained biological diversity.
38.3 Subd. 6. Native prairie species of a local ecotype. "Native prairie species of a local
38.4ecotype" means a genetically differentiated population of a species that has at least one
38.5trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
38.6to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
38.7microorganisms, growing season length, climate, hydrology, and soil.
38.8 Subd. 7. Restored native prairie. "Restored native prairie" means a restoration
38.9using at least 25 representative and biologically diverse native prairie plant species of a
38.10local ecotype originating in the same county as the restoration site or within 25 miles of
38.11the county's border, but not across the boundary of an ecotype region.
38.12 Subd. 8. Restored prairie. "Restored prairie" means a restoration using at least
38.1325 representative and biologically diverse native prairie plant species originating from
38.14the same ecotype region in which the restoration occurs.
38.15 Sec. 8. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:
38.16 Subdivision 1. Contracts. The commissioner of natural resources is authorized
38.17to enter into contractual agreements with any public or private entity for the provision
38.18of statutorily prescribed natural resources services by the department. The contracts
38.19shall specify the services to be provided. Except as provided under section 89.421, funds
38.20generated in a contractual agreement made pursuant to this section shall be deposited in
38.21the special revenue fund and are appropriated to the department for purposes of providing
38.22the services specified in the contracts. The commissioner shall report revenues collected
38.23and expenditures made under this subdivision to the chairs of the Committees on Ways and
38.24Means in the house and Finance in the senate by January 1 of each odd-numbered year.
38.25 Sec. 9. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
38.26to read:
38.27 Subd. 5. Easement information. Parties to an easement purchased under the
38.28authority of the commissioner must:
38.29 (1) specify in the easement all provisions that are perpetual in nature;
38.30 (2) file the easement with the county recorder or registrar of titles in the county
38.31in which the land is located; and
38.32 (3) submit an electronic copy of the easement to the commissioner.
38.33 Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:
39.1 Subdivision 1. Sales authorized; gift certificates. The commissioner may
39.2sell natural resources-related publications and maps; forest resource assessment
39.3products; federal migratory waterfowl, junior duck, and other federal stamps; and other
39.4nature-related merchandise, and may rent or sell items for the convenience of persons using
39.5Department of Natural Resources facilities or services. The commissioner may sell gift
39.6certificates for any items rented or sold. Notwithstanding section16A.1285 , a fee charged
39.7by the commissioner under this section may include a reasonable amount in excess of the
39.8actual cost to support Department of Natural Resources programs. The commissioner may
39.9advertise the availability of a program or item offered under this section.
39.10 Sec. 11. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:
39.11 Subd. 2. Receipts; appropriation. Except as provided under section 89.421,
39.12money received by the commissioner under this section or to buy supplies for the use of
39.13volunteers, may be credited to one or more special accounts in the state treasury and is
39.14appropriated to the commissioner for the purposes for which the money was received.
39.15Money received from sales at the state fair shall be available for state fair related costs.
39.16Money received from sales of intellectual property and software products or services shall
39.17be available for development, maintenance, and support of software products and systems.
39.18 Sec. 12. Minnesota Statutes 2006, section 84.780, is amended to read:
39.1984.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
39.20 (a) The off-highway vehicle damage account is created in the natural resources fund.
39.21Money in the off-highway vehicle damage account is appropriated to the commissioner
39.22of natural resources for the repair or restoration of property damaged by the operation of
39.23off-highway vehicles in anunpermitted illegal area after August 1, 2003, and for the costs
39.24of administration for this section. Before the commissioner may make a payment from
39.25this account, the commissioner must determine whether the damage to the property was
39.26caused by theunpermitted illegal use of off-highway vehicles, that the applicant has made
39.27reasonable efforts to identify the responsible individual and obtain payment from the
39.28individual, and that the applicant has made reasonable efforts to prevent reoccurrence.
39.29By June 30, 2008, the commissioner of finance must transfer the remaining balance in the
39.30account to the off-highway motorcycle account under section
84.794, the off-road vehicle
39.31account under section
84.803, and the all-terrain vehicle account under section
84.927.
39.32The amount transferred to each account must be proportionate to the amounts received in
39.33the damage account from the relevant off-highway vehicle accounts.
40.1 (b) Determinations of the commissioner under this section may be made by written
40.2order and are exempt from the rulemaking provisions of chapter 14. Section14.386
40.3does not apply.
40.4 (c)This section expires July 1, 2008 These funds are available until expended.
40.5 Sec. 13. [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.
40.6 Notwithstanding any provision of sections 84.797 to 84.805 or other law to the
40.7contrary, the commissioner shall not permit land administered by the commissioner in
40.8Beltrami, Cass, Crow Wing, and Hubbard Counties to be used or developed for trails
40.9primarily for off-road vehicles as defined in section 84.797, subdivision 7, except:
40.10 (1) upon approval by the legislature; or
40.11 (2) in designated off-road vehicle use areas.
40.12EFFECTIVE DATE.This section is effective the day following final enactment.
40.13 Sec. 14. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
40.14PROGRAM.
40.15 Subdivision 1. Creation. The commissioner of natural resources shall establish
40.16a program to promote the safe and responsible operation of off-highway vehicles in a
40.17manner that does not harm the environment. The commissioner shall coordinate the
40.18program through the regional offices of the Department of Natural Resources.
40.19 Subd. 2. Purpose. The purpose of the program is to encourage off-highway vehicle
40.20clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on
40.21state forest land and other public lands.
40.22 Subd. 3. Agreements. (a) The commissioner shall enter into informal agreements
40.23with off-highway vehicle clubs for volunteer services to maintain, make improvements to,
40.24and monitor trails on state forest land and other public lands. The off-highway vehicle
40.25clubs shall promote the operation of off-highway vehicles in a safe and responsible manner
40.26that complies with the laws and rules that relate to the operation of off-highway vehicles.
40.27 (b) The off-highway vehicle clubs may provide assistance to the department in
40.28locating, recruiting, and training instructors for off-highway vehicle training programs.
40.29 (c) The commissioner may provide assistance to enhance the comfort and safety
40.30of volunteers and to facilitate the implementation and administration of the safety and
40.31conservation program.
40.32 Subd. 4. Worker displacement prohibited. The commissioner may not enter into
40.33any agreement that has the purpose of or results in the displacement of public employees
40.34by volunteers participating in the off-highway safety and conservation program under
41.1this section. The commissioner must certify to the appropriate bargaining agent that the
41.2work performed by a volunteer will not result in the displacement of currently employed
41.3workers or workers on seasonal layoff or layoff from a substantially equivalent position,
41.4including partial displacement such as reduction in hours of nonovertime work, wages, or
41.5other employment benefits.
41.6 Sec. 15. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
41.7 Subd. 2. Purposes. Subject to appropriation by the legislature, money in the
41.8all-terrain vehicle account may only be spent for:
41.9 (1) the education and training program under section84.925 ;
41.10 (2) administration, enforcement, and implementation of sections84.773 to
84.929 ;
41.11 (3) acquisition, maintenance, and development of vehicle trails and use areas;
41.12 (4) grant-in-aid programs to counties and municipalities to construct and maintain
41.13all-terrain vehicle trails and use areas;
41.14 (5) grants-in-aid to local safety programs;and
41.15 (6) enforcement and public education grants to local law enforcement agencies.; and
41.16 (7) maintenance of minimum-maintenance forest roads according to section 89.71,
41.17subdivision 5, and county forest roads within state forest boundaries as defined under
41.18section 89.021.
41.19 The distribution of funds made available through grant-in-aid programs must be
41.20guided by the statewide comprehensive outdoor recreation plan.
41.21 Sec. 16. Minnesota Statutes 2006, section 84.963, is amended to read:
41.2284.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
41.23 (a) The commissioner of natural resources shall study the feasibility of establishing
41.24private or public prairie plant seed production areas within prairie land locations. If
41.25prairie plant seed production is feasible, the commissioner may aid the establishment of
41.26production areas. The commissioner may enter cost-share or sharecrop agreements with
41.27landowners having easements for conservation purposes of ten or more years on their land
41.28to commercially produce prairie plant seed of Minnesota origin. The commissioner may
41.29only aid prairie plant seed production areas on agricultural land used to produce crops
41.30before December 23, 1985, and cropped three out of five years between 1981 and 1985.
41.31 (b) The commissioner shall compile, prepare, and electronically disseminate to
41.32the public prairie establishment guidance materials and resources. The resources must
41.33provide information and guidance on project planning, seed selection including ecotype
41.34and species mix, site preparation, seeding, maintenance, and technical service providers.
42.1The commissioner shall use actual prairie restoration projects under development on
42.2state-owned land to illustrate and demonstrate the practices described.
42.3 Sec. 17. Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision
42.4to read:
42.5 Subd. 7. Contracts for services for emergency invasive species prevention work;
42.6commissions to persons employed. The commissioner may contract for or accept the
42.7services of any persons whose aid is available, temporarily or otherwise, in emergency
42.8invasive species prevention work, either gratuitously or for compensation not in excess of
42.9the limits provided by law with respect to the employment of labor by the commissioner.
42.10The commissioner may issue a commission, or other written evidence of authority, to any
42.11person whose services are so arranged for and may thereby empower the person to act,
42.12temporarily or otherwise, in any other capacity, with powers and duties as may be specified
42.13in the commission or other written evidence of authority, but not in excess of the powers
42.14conferred by law. The commissioner of agriculture, under authority provided by law, shall
42.15cooperate with the commissioner in emergency control of invasive species prevention.
42.16 Sec. 18. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:
42.17 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
42.18license suspension is effective 30 days after issuance of the civil citation. A civil penalty
42.19collected under this section is payable to the commissioner and must be credited to the
42.20water recreation account invasive species account.
42.21 Sec. 19. [84D.15] INVASIVE SPECIES ACCOUNT.
42.22 Subdivision 1. Creation. The invasive species account is created in the state
42.23treasury in the natural resources fund.
42.24 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
42.25section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
42.26in the invasive species account. Each year, the commissioner of finance shall transfer from
42.27the game and fish fund to the invasive species account, the annual surcharge collected on
42.28nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
42.29 Subd. 3. Use of money in account. Money credited to the invasive species account
42.30in subdivision 2 shall be used for management of invasive species and implementation of
42.31this chapter as it pertains to invasive species, including control, public awareness, law
42.32enforcement, assessment and monitoring, management planning, and research.
43.1 Sec. 20. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
43.2CITIZENS ADVISORY COUNCIL.
43.3 Subdivision 1. Advisory council created. The Cuyuna Country State Recreation
43.4Area Citizens Advisory Council is established. Membership on the advisory council
43.5shall include:
43.6 (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
43.7Board;
43.8 (2) a representative of the Croft Mine Historical Park Joint Powers Board;
43.9 (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
43.10worked as a miner in the local area;
43.11 (4) a representative of the Crow Wing County Board;
43.12 (5) an elected state official;
43.13 (6) a representative of the Grand Rapids regional office of the Department of Natural
43.14Resources;
43.15 (7) a designee of the Iron Range Resources and Rehabilitation Board;
43.16 (8) a designee of the local business community selected by the area chambers of
43.17commerce;
43.18 (9) a designee of the local environmental community selected by the Crow Wing
43.19County District 5 commissioner;
43.20 (10) a designee of a local education organization selected by the Crosby-Ironton
43.21School Board;
43.22 (11) a designee of one of the recreation area user groups selected by the Cuyuna
43.23Range Chamber of Commerce; and
43.24 (12) a member of the Cuyuna Country Heritage Preservation Society.
43.25 Subd. 2. Administration. (a) The advisory council must meet at least four times
43.26annually. The council shall elect a chair and meetings shall be at the call of the chair.
43.27 (b) Members of the advisory council shall serve as volunteers for two-year terms
43.28with the ability to be reappointed. Members shall accept no per diem.
43.29 (c) The state recreation area manager may attend the council meetings and advise
43.30the council of issues in management of the recreation area.
43.31 (d) Before a major decision is implemented in the Cuyuna Country State Recreation
43.32Area, the area manager must consult with the council and take into consideration any
43.33council comments or advice that may impact the major decision.
43.34 Sec. 21. Minnesota Statutes 2006, section 85.054, subdivision 12, is amended to read:
44.1 Subd. 12. Soudan Underground Mine State Park. A state park permit is not
44.2required and a fee may not be charged for motor vehicle entryor, parking at the visitor
44.3parking area of Soudan Underground Mine State Park, or for tours of the High Energy
44.4Physics Lab by supervised kindergarten through grade 12 school classes during the school
44.5year.
44.6 Sec. 22. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
44.7to read:
44.8 Subd. 13. Cuyuna Country State Recreation Area. A state park permit is not
44.9required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
44.10Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
44.11Area, except for overnight camping.
44.12 Sec. 23. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:
44.13 Subd. 2. Money deposited in account. The following shall be deposited in the state
44.14treasury and credited to the water recreation account:
44.15 (1) feesand surcharges from titling and licensing of watercraft under this chapter;
44.16 (2) fines, installment payments, and forfeited bail according to section86B.705,
44.17subdivision 2 ;
44.18 (3)civil penalties according to section
84D.13;
44.19(4) mooring fees and receipts from the sale of marine gas at state-operated or
44.20state-assisted small craft harbors and mooring facilities according to section86A.21 ;
44.21(5) (4) the unrefunded gasoline tax attributable to watercraft use under section
44.22296A.18
; and
44.23(6) (5) fees for permits issued to control or harvest aquatic plants other than wild
44.24rice under section103G.615, subdivision 2 .
44.25 Sec. 24. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:
44.26 Subd. 2. Receipts tonatural resources special revenue fund. Fees collected under
44.27subdivision 1 shall be credited toa forest land use account in the natural resources fund
44.28the special revenue fund and are annually appropriated to the commissioner to recoup the
44.29costs of developing, operating, and maintaining facilities necessary for the specified uses
44.30in subdivision 1 or to prevent or mitigate resource impacts of those uses.
44.31EFFECTIVE DATE.This section is effective July 1, 2007, and applies to fees
44.32collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
44.331, 2006.
45.1 Sec. 25. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
45.2SERVICES ACCOUNT.
45.3 Subdivision 1. Creation. The forest resource assessment products and services
45.4account is created in the state treasury in the natural resources fund.
45.5 Subd. 2. Receipts. Money received from forest resource assessment product sales
45.6and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
45.7and 84.0855 shall be credited to the forest resource assessment products and services
45.8account. Forest resource assessment products and services include the sale of aerial
45.9photography, remote sensing, and satellite imagery products and services.
45.10 Subd. 3. Use of money in account. Money credited to the forest resource
45.11assessment products and services account under subdivision 2 is annually appropriated to
45.12the commissioner and shall be used to maintain the staff and facilities producing the aerial
45.13photography, remote sensing, and satellite imagery products and services.
45.14 Sec. 26. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
45.15 Subdivision 1. Grants. The commissioner may make grants to aid in the control of
45.16a shade tree pest. To be eligible, a grantee must have a pest control program approved
45.17by the commissioner that:
45.18 (1) defines tree ownership and who is responsible for the costs associated with
45.19control measures;
45.20 (2) defines the zone of infestation within which the control measures are to be
45.21applied;
45.22 (3) includes a tree inspector certified under section 89.63 and having the authority to
45.23enter and inspect private lands;
45.24 (4) has the means to enforce measures needed to limit the spread of shade tree
45.25pests; and
45.26 (5) provides that grant money received will be deposited in a separate fund to be
45.27spent only for the purposes authorized by this section.
45.28 Subd. 2. Grant eligibility. The following are eligible for grants under this section:
45.29 (1) a home rule charter or statutory city or a town that exercises municipal powers
45.30under section 368.01 or any general or special law;
45.31 (2) a special park district organized under chapter 398;
45.32 (3) a special-purpose park and recreation board;
45.33 (4) a soil and water conservation district;
45.34 (5) a county; or
46.1 (6) any other organization with the legal authority to enter into contractual
46.2agreements.
46.3 Subd. 3. Rules; applicability to municipalities. The rules and procedures adopted
46.4under this section by the commissioner apply in a municipality unless the municipality
46.5adopts an ordinance determined by the commissioner to be more stringent than the rules
46.6and procedures of the commissioner. The rules and procedures of the commissioner or
46.7the municipality apply to all state agencies, special purpose districts, and metropolitan
46.8commissions as defined in section 473.121, subdivision 5a, that own or control land
46.9adjacent to or within a zone of infestation.
46.10 Sec. 27. Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision
46.11to read:
46.12 Subd. 4. Change of security. Prior to any harvest activity, or activities incidental
46.13to the preparation for harvest, a purchaser having posted a bond for 100 percent of the
46.14purchase price of a sale may request the release of the bond and the commissioner
46.15shall grant such release upon cash payment to the commissioner of the down payment
46.16requirement of the sale, plus interest.
46.17 Sec. 28. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:
46.18 Subdivision 1. Generally. (a) All payments under sections93.14 to
93.285 shall
46.19be made to the Department of Natural Resources and shall be credited according to this
46.20section.
46.21(a) If the lands or minerals and mineral rights covered by a lease are held by the state
46.22by virtue of an act of Congress, payments made under the lease shall be credited to the
46.23permanent fund of the class of land to which the leased premises belong.
46.24(b) If a lease covers the bed of navigable waters, payments made under the lease
46.25shall be credited to the permanent school fund of the state.
46.26(c) If the lands or minerals and mineral rights covered by a lease are held by the
46.27state in trust for the taxing districts, payments made under the lease shall be distributed
46.28annually on the first day of September as follows:
46.29(1) 20 percent to the general fund; and
46.30(2) 80 percent to the respective counties in which the lands lie, to be apportioned
46.31among the taxing districts interested therein as follows: county, three-ninths; town or city,
46.32two-ninths; and school district, four-ninths.
47.1(d) Except as provided under this section and except where the disposition of
47.2payments may be otherwise directed by law, all payments shall be paid into the general
47.3fund of the state.
47.4 (b) Twenty percent of all payments under sections93.14 to
93.285 shall be
47.5credited to the minerals management account in the natural resources fund as costs for
47.6the administration and management of state mineral resources by the commissioner of
47.7natural resources.
47.8 (c) The remainder of the payments shall be credited as follows:
47.9 (1) if the lands or minerals and mineral rights covered by a lease are held by the state
47.10by virtue of an act of Congress, payments made under the lease shall be credited to the
47.11permanent fund of the class of land to which the leased premises belong;
47.12 (2) if a lease covers the bed of navigable waters, payments made under the lease
47.13shall be credited to the permanent school fund of the state;
47.14 (3) if the lands or minerals and mineral rights covered by a lease are held by the state
47.15in trust for the taxing districts, payments made under the lease shall be distributed annually
47.16on the first day of September to the respective counties in which the lands lie, to be
47.17apportioned among the taxing districts interested therein as follows: county, three-ninths;
47.18town or city, two-ninths; and school district, four-ninths;
47.19 (4) if the lands or mineral rights covered by a lease became the absolute property of
47.20the state under the provisions of chapter 84A, payments made under the lease shall be
47.21distributed as follows: county containing the land from which the income was derived,
47.22five-eighths; and general fund of the state, three-eighths; and
47.23 (5) except as provided under this section and except where the disposition of
47.24payments may be otherwise directed by law, payments made under a lease shall be paid
47.25into the general fund of the state.
47.26 Sec. 29. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:
47.27 Subd. 4. Game and fish annual reports. (a) By December 15 each year,
47.28the commissioner shall submit to the legislative committees having jurisdiction over
47.29appropriations and the environment and natural resources reports on each of the following:
47.30 (1) the amount of revenue from the following and purposes for which expenditures
47.31were made:
47.32 (i) the small game license surcharge under section97A.475, subdivision 4 ;
47.33 (ii) the Minnesota migratory waterfowl stamp under section97A.475, subdivision
47.345 , clause (1);
47.35 (iii) the trout and salmon stamp under section97A.475, subdivision 10 ;
48.1 (iv) the pheasant stamp under section97A.475, subdivision 5 , clause (2); and
48.2 (v) the turkey stamp under section97A.475, subdivision 5 , clause (3); and
48.3 (vi) the deer license surcharge under section 97A.475, subdivision 3a;
48.4 (2) the amounts available under section97A.075, subdivision 1 , paragraphs (b) and
48.5(c), and the purposes for which these amounts were spent;
48.6 (3) money credited to the game and fish fund under this section and purposes for
48.7which expenditures were made from the fund;
48.8 (4) outcome goals for the expenditures from the game and fish fund; and
48.9 (5) summary and comments of citizen oversight committee reviews under
48.10subdivision 4b.
48.11 (b) The report must include the commissioner's recommendations, if any, for
48.12changes in the laws relating to the stamps and surcharge referenced in paragraph (a).
48.13 Sec. 30. Minnesota Statutes 2006, section 97A.065, is amended by adding a
48.14subdivision to read:
48.15 Subd. 6. Deer license surcharge. The surcharge collected under section 97A.475,
48.16subdivision 3a, shall be deposited in a special revenue account and is appropriated to
48.17the commissioner for deer management, including for grants or payments to agencies,
48.18organizations, or individuals for assisting with the cost of processing deer taken for
48.19population management purposes for venison donation programs. None of the additional
48.20license fees shall be transferred to any other agency for administration of programs other
48.21than venison donation. If any money transferred by the commissioner is not used for a
48.22venison donation program, it shall be returned to the commissioner.
48.23 Sec. 31. Minnesota Statutes 2006, section 97A.133, is amended by adding a
48.24subdivision to read:
48.25 Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.
48.26 Sec. 32. Minnesota Statutes 2006, section 97A.475, is amended by adding a
48.27subdivision to read:
48.28 Subd. 3a. Deer license surcharge. Fees for annual resident and nonresident licenses
48.29to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9),
48.30and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except
48.31as provided under section 97A.065, subdivision 6. An additional commission may not
48.32be assessed on the surcharge and the following statement must be included in the annual
48.33deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer
49.1management, including assisting with the costs of processing deer donated for charitable
49.2purposes."
49.3 Sec. 33. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:
49.4 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
49.5to nonresidents, are:
49.6 (1) to take fish by angling, $34;
49.7 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
49.8$24;
49.9 (3) to take fish by angling for a 72-hour period selected by the licensee, $20;
49.10 (4) to take fish by angling for a combined license for a family for one or both parents
49.11and dependent children under the age of 16, $46;
49.12 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
49.13 (6) to take fish by angling for a combined license for a married couple, limited to
49.1414 consecutive days selected by one of the licensees, $35.
49.15 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
49.16issued under paragraph (a), clause (5). An additional commission may not be assessed
49.17on this surcharge.
49.18EFFECTIVE DATE.This section is effective March 1, 2008.
49.19 Sec. 34. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:
49.20 Subd. 7. Electronic licensing system commission. The commissioner shall retain
49.21for the operation of the electronic licensing system the commission established under
49.22section84.027, subdivision 15 , and issuing fees collected by the commissioner on all
49.23license fees collected, excluding:
49.24 (1) the small game surcharge;and
49.25 (2) the deer license surcharge; and
49.26 (3) $2.50 of the license fee for the licenses in section97A.475, subdivisions 6,
49.27clauses (1) , (2), and (4), 7, 8, 12, and 13.
49.28 Sec. 35. [97B.303] VENISON DONATIONS.
49.29 An individual who legally takes a deer may donate the deer, for distribution to
49.30charitable food assistance programs, to a meat processor that is licensed under chapter
49.3128A. An individual donating a deer must supply the processor with the tag number under
49.32which the deer was taken.
50.1 Sec. 36. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
50.2 Subd. 3. Contests requiring a permit. (a) A person must have a permit from the
50.3commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
50.4Permits shall be issued without a fee. The commissioner shall charge a fee for the permit
50.5that recovers the costs of issuing the permit and of monitoring the activities allowed by
50.6the permit. Receipts collected from this fee shall be credited to the game and fish fund.
50.7Notwithstanding section 16A.1283, the commissioner may, by written order published in
50.8the State Register, establish contest permit fees. The fees are not subject to the rulemaking
50.9provisions of chapter 14 and section 14.386 does not apply.
50.10 (b) If entry fees are over $25 per person, or total prizes are valued at more than
50.11$25,000, and if the applicant has either:
50.12 (1) not previously conducted a fishing contest requiring a permit under this
50.13subdivision; or
50.14 (2) ever failed to make required prize awards in a fishing contest conducted by
50.15the applicant, the commissioner may require the applicant to furnish the commissioner
50.16evidence of financial responsibility in the form of a surety bond or bank letter of credit in
50.17the amount of $25,000.
50.18 (c) The permit fee for any individual contest may not exceed the following amounts:
50.19 (1) $120 for an open water contest not exceeding 100 participants and without
50.20off-site weigh-in;
50.21 (2) $400 for an open water contest with more than 100 participants and without
50.22off-site weigh-in;
50.23 (3) $500 for an open water contest not exceeding 100 participants with off-site
50.24weigh-in;
50.25 (4) $1,000 for an open water contest with more than 100 participants with off-site
50.26weigh-in; or
50.27 (5) $120 for an ice fishing contest with more than 150 participants.
50.28 Sec. 37. Minnesota Statutes 2006, section 103B.101, is amended by adding a
50.29subdivision to read:
50.30 Subd. 12. Authority to issue penalty orders. The board may issue an order
50.31requiring violations to be corrected and administratively assessing monetary penalties for
50.32violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules
50.33adopted under those chapters, and any standards, limitations, or conditions established
50.34by the board.
50.35EFFECTIVE DATE.This section is effective the day following final enactment.
51.1 Sec. 38. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
51.2AND OVERSIGHT.
51.3 Subdivision 1. Findings; improving accountability and oversight. The legislature
51.4finds that a process is needed to monitor the performance and activities of local water
51.5management entities. The process should be preemptive so that problems can be identified
51.6early and systematically. Underperforming entities should be provided assistance and
51.7direction for improving performance in a reasonable time frame.
51.8 Subd. 2. Definitions. For the purposes of this section, "local water management
51.9entities" means watershed districts, soil and water conservation districts, metropolitan
51.10water management organizations, and counties operating separately or jointly in their
51.11role as local water management authorities under chapter 103B, 103C, 103D, or 103G
51.12and chapter 114D.
51.13 Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
51.14evaluate performance, financial, and activity information for each local water management
51.15entity. The board shall evaluate the entities' progress in accomplishing their adopted
51.16plans on a regular basis, but not less than once every five years. The board shall maintain
51.17a summary of local water management entity performance on the board's Web site.
51.18Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
51.19of local water management entity performance to the chairs of the house and senate
51.20committees having jurisdiction over environment and natural resources policy.
51.21 Subd. 4. Corrective actions. (a) In addition to other authorities, the Board of Water
51.22and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
51.23redirect grants and other funding if the local water management entity has not corrected
51.24deficiencies as prescribed in a notice from the board within one year from the date of
51.25the notice.
51.26 (b) The board may defer a decision on a termination petition filed under section
51.27103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
51.28under subdivision 3 or to communicate the results of the evaluation to petitioners or to
51.29local and state government agencies.
51.30 Sec. 39. Minnesota Statutes 2006, section 103C.321, is amended by adding a
51.31subdivision to read:
51.32 Subd. 6. Credit card use. The supervisors may authorize the use of a credit card
51.33by any soil and water conservation district officer or employee otherwise authorized
51.34to make a purchase on behalf of the soil and water conservation district. If a soil and
51.35water conservation district officer or employee makes a purchase by credit card that is not
52.1approved by the supervisors, the officer or employee is personally liable for the amount of
52.2the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
52.3or soil and water conservation district policy applicable to soil and water conservation
52.4district purchases.
52.5 Sec. 40. Minnesota Statutes 2006, section 103D.325, is amended by adding a
52.6subdivision to read:
52.7 Subd. 4. Credit card use. The managers may authorize the use of a credit card
52.8by any watershed district officer or employee otherwise authorized to make a purchase
52.9on behalf of the watershed district. If a watershed district officer or employee makes a
52.10purchase by credit card that is not approved by the managers, the officer or employee is
52.11personally liable for the amount of the purchase. A purchase by credit card must otherwise
52.12comply with all statutes, rules, or watershed district policy applicable to watershed district
52.13purchases.
52.14 Sec. 41. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read:
52.15 Subdivision 1. Spoil banks must be spread andgrass planted permanent
52.16vegetation established. In any proceeding to establish, construct, improve, or do any
52.17work affecting a public drainage system under any law that appoints viewers to assess
52.18benefits and damages, the authority having jurisdiction over the proceeding shall order
52.19spoil banks to be spread consistent with the plan and function of the drainage system. The
52.20authority shall order that permanent grass, other than a noxious weed, be planted on
52.21thebanks ditch side slopes and on a strip that a permanent strip of perennial vegetation
52.22approved by the drainage authority be established on each side of the ditch. Preference
52.23should be given to planting native species of a local ecotype. The approved perennial
52.24vegetation shall not impede future maintenance of the ditch. The permanent strips of
52.25perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge
52.26of the constructed channel resulting from the proceeding, or to the crown of the leveled
52.27spoil bank, whichever is the greater,on each side of the top edge of the channel of the
52.28ditch. except for an action by a drainage authority that results only in a redetermination of
52.29benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
52.30rights-of-way for the acreage and additional property required for theplanting permanent
52.31strips must be acquired by the authority having jurisdiction.
52.32 Sec. 42. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
53.1 Subd. 2. Reseeding and harvestinggrass perennial vegetation. The authority
53.2having jurisdiction over the repair and maintenance of the drainage system shall supervise
53.3all necessary reseeding. The permanentgrass strips of perennial vegetation must be
53.4maintained in the same manner as other drainage system repairs. Harvest of thegrass
53.5vegetation from thegrass permanent strip in a manner not harmful to the grass vegetation
53.6or the drainage system is the privilege of the fee owner or assigns. Thecounty drainage
53.7inspector shall establish rules for the fee owner and assigns to harvest thegrass vegetation.
53.8 Sec. 43. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
53.9 Subd. 3. Agricultural practices prohibited. Agricultural practices, other than
53.10those required for the maintenance of a permanent growth ofgrass perennial vegetation,
53.11are not permitted on any portion of the property acquired forplanting perennial vegetation.
53.12 Sec. 44. Minnesota Statutes 2006, section 103E.021, is amended by adding a
53.13subdivision to read:
53.14 Subd. 6. Incremental implementation of vegetated ditch buffer strips and side
53.15inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment
53.16of viewers and redetermination of benefits and damages, a drainage authority may
53.17implement permanent buffer strips of perennial vegetation approved by the drainage
53.18authority or side inlet controls, or both, adjacent to a public drainage ditch, where
53.19necessary to control erosion and sedimentation, improve water quality, or maintain the
53.20efficiency of the drainage system. Preference should be given to planting native species of
53.21a local ecotype. The approved perennial vegetation shall not impede future maintenance
53.22of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
53.23measured outward from the top edge of the existing constructed channel. Drainage system
53.24rights-of-way for the acreage and additional property required for the permanent strips
53.25must be acquired by the authority having jurisdiction.
53.26 (b) A project under this subdivision shall be implemented as a repair according to
53.27section 103E.705, except that the drainage authority may appoint an engineer to examine
53.28the drainage system and prepare an engineer's repair report for the project.
53.29 (c) Damages shall be determined by the drainage authority, or viewers, appointed by
53.30the drainage authority, according to section 103E.315, subdivision 8. A damages statement
53.31shall be prepared, including an explanation of how the damages were determined for each
53.32property affected by the project, and filed with the auditor or watershed district. Within 30
53.33days after the damages statement is filed, the auditor or watershed district shall prepare
53.34property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
54.1(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
54.2each owner of property affected by the proposed project.
54.3 (d) After a damages statement is filed, the drainage authority shall set a time, by
54.4order, not more than 30 days after the date of the order, for a hearing on the project. At
54.5least ten days before the hearing, the auditor or watershed district shall give notice by mail
54.6of the time and location of the hearing to the owners of property and political subdivisions
54.7likely to be affected by the project.
54.8 (e) The drainage authority shall make findings and order the repairs to be made if
54.9the drainage authority determines from the evidence presented at the hearing and by the
54.10viewers and engineer, if appointed, that the repairs are necessary for the drainage system
54.11and the costs of the repairs are within the limitations of section 103E.705.
54.12 Sec. 45. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
54.13 The drainage authority shall annually submit a report to the Board of Water and Soil
54.14Resources for the calendar year including:
54.15 (1) the number and types of actions for which viewers were appointed;
54.16 (2) the number of miles of buffer strips established according to section 103E.021;
54.17 (3) the number of drainage system inspections conducted; and
54.18 (4) the number of violations of section 103E.021 identified and enforcement actions
54.19taken.
54.20 Sec. 46. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
54.21 Subd. 8. Extent of damages. Damages to be paid may include:
54.22 (1) the fair market value of the property required for the channel of an open ditch
54.23and the permanentgrass strip of perennial vegetation under section
103E.021 ;
54.24 (2) the diminished value of a farm due to severing a field by an open ditch;
54.25 (3) loss of crop production during drainage project construction;and
54.26 (4) the diminished productivity or land value from increased overflow.; and
54.27 (5) costs to restore a perennial vegetative cover or structural practice existing
54.28under a federal or state conservation program adjacent to the permanent drainage system
54.29right-of-way and damaged by the drainage project.
54.30 Sec. 47. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
54.31 Subdivision 1. Requirements. The viewers' report must show, in tabular form,
54.32for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
54.33is benefited or damaged:
55.1 (1) a description of the lot or tract, under separate ownership, that is benefited or
55.2damaged;
55.3 (2) the names of the owners as they appear on the current tax records of the county
55.4and their addresses;
55.5 (3) the number of acres in each tract or lot;
55.6 (4) the number and value of acres added to a tract or lot by the proposed drainage of
55.7public waters;
55.8 (5) the damage, if any, to riparian rights;
55.9 (6) the damages paid for the permanentgrass strip of perennial vegetation under
55.10section103E.021 ;
55.11 (7) the total number and value of acres added to a tract or lot by the proposed
55.12drainage of public waters, wetlands, and other areas not currently being cultivated;
55.13 (8) the number of acres and amount of benefits being assessed for drainage of areas
55.14which before the drainage benefits could be realized would require a public waters work
55.15permit to work in public waters under section103G.245 to excavate or fill a navigable
55.16water body under United States Code, title 33, section 403, or a permit to discharge into
55.17waters of the United States under United States Code, title 33, section 1344;
55.18 (9) the number of acres and amount of benefits being assessed for drainage of areas
55.19that would be considered conversion of a wetland under United States Code, title 16,
55.20section 3821, if the area was placed in agricultural production;
55.21 (10) the amount of right-of-way acreage required; and
55.22 (11) the amount that each tract or lot will be benefited or damaged.
55.23 Sec. 48. Minnesota Statutes 2006, section 103E.701, is amended by adding a
55.24subdivision to read:
55.25 Subd. 7. Restoration; disturbance or destruction by repair. If a drainage system
55.26repair disturbs or destroys a perennial vegetative cover or structural practice existing
55.27under a federal or state conservation program adjacent to the permanent drainage system
55.28right-of-way, the practice must be restored according to the applicable practice plan or
55.29as determined by the drainage authority, if a practice plan is not available. Restoration
55.30costs shall be paid by the drainage system.
55.31 Sec. 49. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
55.32 Subdivision 1. Inspection. After the construction of a drainage system has been
55.33completed, the drainage authority shall maintain the drainage system that is located in its
55.34jurisdiction, includinggrass the permanent strips of perennial vegetation under section
56.1103E.021
, and provide the repairs necessary to make the drainage system efficient. The
56.2drainage authority shall have the drainage system inspected on a regular basis by an
56.3inspection committee of the drainage authority or a drainage inspector appointed by the
56.4drainage authority. Open drainage ditches shall be inspected at a minimum of every five
56.5years when no violation of section 103E.021 is found and annually when a violation of
56.6section 103E.021 is found, until one year after the violation is corrected.
56.7 Sec. 50. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
56.8 Subd. 2.Grass Permanent strip of perennial vegetation inspection and
56.9compliance notice. (a) The drainage authority having jurisdiction over a drainage system
56.10must inspect the drainage system for violations of section103E.021 . If an inspection
56.11committee of the drainage authority or a drainage inspector determines that permanent
56.12grass strips of perennial vegetation are not being maintained in compliance with section
56.13103E.021
, a compliance notice must be sent to the property owner.
56.14 (b) The notice must state:
56.15 (1) the date the ditch was inspected;
56.16 (2) the persons making the inspection;
56.17 (3) that spoil banks are to be spread in a manner consistent with the plan and function
56.18of the drainage system and that the drainage system has acquired agrass permanent strip
56.1916-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial
56.20vegetation, according to section 103E.021;
56.21 (4) the violations of section103E.021 ;
56.22 (5) the measures that must be taken by the property owner to comply with section
56.23103E.021
and the date when the property must be in compliance; and
56.24 (6) that if the property owner does not comply by the date specified, the drainage
56.25authority will perform the work necessary to bring the area into compliance with section
56.26103E.021
and charge the cost of the work to the property owner.
56.27 (c) If a property owner does not bring an area into compliance with section103E.021
56.28as provided in the compliance notice, the inspection committee or drainage inspector
56.29must notify the drainage authority.
56.30 (d) This subdivision applies to property acquired under section103E.021 .
56.31 Sec. 51. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
56.32 Subd. 3. Drainage inspection report. For each drainage system that the board
56.33designates and requires the drainage inspector to examine, the drainage inspector shall
56.34make a drainage inspection report in writing to the board after examining a drainage
57.1system, designating portions that need repair or maintenance ofgrass the permanent
57.2strips of perennial vegetation and the location and nature of the repair or maintenance.
57.3The board shall consider the drainage inspection report at its next meeting and may repair
57.4all or any part of the drainage system as provided under this chapter. Thegrass permanent
57.5strips of perennial vegetation must be maintained in compliance with section103E.021 .
57.6 Sec. 52. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
57.7 Subd. 2. Additional assessment for agricultural practices ongrass permanent
57.8strip of perennial vegetation. (a) The drainage authority may, after notice and hearing,
57.9charge an additional assessment on property that has agricultural practices on or otherwise
57.10violates provisions related to the permanentgrass strip of perennial vegetation acquired
57.11under section103E.021 .
57.12 (b) The drainage authority may determine the cost of the repair per mile of open
57.13ditch on the ditch system. Property that is in violation of the grass requirement shall be
57.14assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
57.15of open ditch in miles on the property in violation.
57.16 (c) After the amount of the additional assessment is determined and applied to the
57.17repair cost, the balance of the repair cost may be apportioned pro rata as provided in
57.18subdivision 1.
57.19 Sec. 53. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read:
57.20 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
57.21or partially, unless replaced by restoring or creating wetland areas of at least equal
57.22public value under a replacement plan approved as provided in section103G.2242 , a
57.23replacement plan under a local governmental unit's comprehensive wetland protection
57.24and management plan approved by the board under section103G.2243 , or, if a permit to
57.25mine is required under section93.481 , under a mining reclamation plan approved by the
57.26commissioner under the permit to mine. Mining reclamation plans shall apply the same
57.27principles and standards for replacing wetlands by restoration or creation of wetland areas
57.28that are applicable to mitigation plans approved as provided in section103G.2242 . Public
57.29value must be determined in accordance with section103B.3355 or a comprehensive
57.30wetland protection and management plan established under section103G.2243 . Sections
57.31103G.221
to
103G.2372 also apply to excavation in permanently and semipermanently
57.32flooded areas of types 3, 4, and 5 wetlands.
57.33 (b) Replacement must be guided by the following principles in descending order
57.34of priority:
58.1 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
58.2the wetland;
58.3 (2) minimizing the impact by limiting the degree or magnitude of the wetland
58.4activity and its implementation;
58.5 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
58.6wetland environment;
58.7 (4) reducing or eliminating the impact over time by preservation and maintenance
58.8operations during the life of the activity;
58.9 (5) compensating for the impact by restoring a wetland; and
58.10 (6) compensating for the impact by replacing or providing substitute wetland
58.11resources or environments.
58.12 For a project involving the draining or filling of wetlands in an amount not exceeding
58.1310,000 square feet more than the applicable amount in section103G.2241, subdivision 9 ,
58.14paragraph (a), the local government unit may make an on-site sequencing determination
58.15without a written alternatives analysis from the applicant.
58.16 (c) If a wetland is located in a cultivated field, then replacement must be
58.17accomplished through restoration only without regard to the priority order in paragraph
58.18(b), provided that a deed restriction is placed on the altered wetland prohibiting
58.19nonagricultural use for at least ten years.
58.20 (d) If a wetland is drained under section 103G.2241, subdivision 2, the local
58.21government unit may require a deed restriction that prohibits nonagricultural use for at
58.22least ten years unless the drained wetland is replaced as provided under this section. The
58.23local government unit may require the deed restriction if it determines the wetland area
58.24drained is at risk of conversion to a nonagricultural use within ten years based on the
58.25zoning classification, proximity to a municipality or full service road, or other criteria as
58.26determined by the local government unit.
58.27 (e) Restoration and replacement of wetlands must be accomplished in accordance
58.28with the ecology of the landscape area affected and ponds that are created primarily to
58.29fulfill stormwater management, and water quality treatment requirements may not be
58.30used to satisfy replacement requirements under this chapter unless the design includes
58.31pretreatment of runoff and the pond is functioning as a wetland.
58.32(e) (f) Except as provided in paragraph (f) (g), for a wetland or public waters wetland
58.33located on nonagricultural land, replacement must be in the ratio of two acres of replaced
58.34wetland for each acre of drained or filled wetland.
59.1(f) (g) For a wetland or public waters wetland located on agricultural land or in a
59.2greater than 80 percent area, replacement must be in the ratio of one acre of replaced
59.3wetland for each acre of drained or filled wetland.
59.4(g) (h) Wetlands that are restored or created as a result of an approved replacement
59.5plan are subject to the provisions of this section for any subsequent drainage or filling.
59.6(h) (i) Except in a greater than 80 percent area, only wetlands that have been
59.7restored from previously drained or filled wetlands, wetlands created by excavation in
59.8nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
59.9or wetlands created by dikes or dams associated with the restoration of previously drained
59.10or filled wetlands may be used in a statewide banking program established in rules adopted
59.11under section103G.2242, subdivision 1 . Modification or conversion of nondegraded
59.12naturally occurring wetlands from one type to another are not eligible for enrollment in a
59.13statewide wetlands bank.
59.14(i) (j) The Technical Evaluation Panel established under section
103G.2242,
59.15subdivision 2 , shall ensure that sufficient time has occurred for the wetland to develop
59.16wetland characteristics of soils, vegetation, and hydrology before recommending that the
59.17wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
59.18reason to believe that the wetland characteristics may change substantially, the panel shall
59.19postpone its recommendation until the wetland has stabilized.
59.20(j) (k) This section and sections
103G.223 to
103G.2242 ,
103G.2364 , and
59.21103G.2365
apply to the state and its departments and agencies.
59.22(k) (l) For projects involving draining or filling of wetlands associated with a new
59.23public transportation project, and for projects expanded solely for additional traffic
59.24capacity, public transportation authorities may purchase credits from the board at the cost
59.25to the board to establish credits. Proceeds from the sale of credits provided under this
59.26paragraph are appropriated to the board for the purposes of this paragraph.
59.27(l) (m) A replacement plan for wetlands is not required for individual projects that
59.28result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
59.29or replacement of a currently serviceable existing state, city, county, or town public road
59.30necessary, as determined by the public transportation authority, to meet state or federal
59.31design or safety standards or requirements, excluding new roads or roads expanded solely
59.32for additional traffic capacity lanes. This paragraph only applies to authorities for public
59.33transportation projects that:
59.34 (1) minimize the amount of wetland filling or draining associated with the project
59.35and consider mitigating important site-specific wetland functions on-site;
60.1 (2) except as provided in clause (3), submit project-specific reports to the board, the
60.2Technical Evaluation Panel, the commissioner of natural resources, and members of the
60.3public requesting a copy at least 30 days prior to construction that indicate the location,
60.4amount, and type of wetlands to be filled or drained by the project or, alternatively,
60.5convene an annual meeting of the parties required to receive notice to review projects to
60.6be commenced during the upcoming year; and
60.7 (3) for minor and emergency maintenance work impacting less than 10,000 square
60.8feet, submit project-specific reports, within 30 days of commencing the activity, to the
60.9board that indicate the location, amount, and type of wetlands that have been filled
60.10or drained.
60.11 Those required to receive notice of public transportation projects may appeal
60.12minimization, delineation, and on-site mitigation decisions made by the public
60.13transportation authority to the board according to the provisions of section103G.2242,
60.14subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
60.15decisions made by the public transportation authority and provide recommendations
60.16regarding on-site mitigation if requested to do so by the local government unit, a
60.17contiguous landowner, or a member of the Technical Evaluation Panel.
60.18 Except for state public transportation projects, for which the state Department of
60.19Transportation is responsible, the board must replace the wetlands, and wetland areas of
60.20public waters if authorized by the commissioner or a delegated authority, drained or filled
60.21by public transportation projects on existing roads.
60.22 Public transportation authorities at their discretion may deviate from federal and
60.23state design standards on existing road projects when practical and reasonable to avoid
60.24wetland filling or draining, provided that public safety is not unreasonably compromised.
60.25The local road authority and its officers and employees are exempt from liability for
60.26any tort claim for injury to persons or property arising from travel on the highway and
60.27related to the deviation from the design standards for construction or reconstruction under
60.28this paragraph. This paragraph does not preclude an action for damages arising from
60.29negligence in construction or maintenance on a highway.
60.30(m) (n) If a landowner seeks approval of a replacement plan after the proposed
60.31project has already affected the wetland, the local government unit may require the
60.32landowner to replace the affected wetland at a ratio not to exceed twice the replacement
60.33ratio otherwise required.
60.34(n) (o) A local government unit may request the board to reclassify a county or
60.35watershed on the basis of its percentage of presettlement wetlands remaining. After
60.36receipt of satisfactory documentation from the local government, the board shall change
61.1the classification of a county or watershed. If requested by the local government unit,
61.2the board must assist in developing the documentation. Within 30 days of its action to
61.3approve a change of wetland classifications, the board shall publish a notice of the change
61.4in the Environmental Quality Board Monitor.
61.5(o) (p) One hundred citizens who reside within the jurisdiction of the local
61.6government unit may request the local government unit to reclassify a county or watershed
61.7on the basis of its percentage of presettlement wetlands remaining. In support of their
61.8petition, the citizens shall provide satisfactory documentation to the local government unit.
61.9The local government unit shall consider the petition and forward the request to the board
61.10under paragraph(n) (o) or provide a reason why the petition is denied.
61.11EFFECTIVE DATE.This section is effective the day following final enactment.
61.12 Sec. 54. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
61.13 Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
61.14this priority order:
61.15 (1) on site or in the same minor watershed as the affected wetland;
61.16 (2) in the same watershed as the affected wetland;
61.17 (3) in the same county as the affected wetland;
61.18 (4) for replacement by wetland banking, in the same wetland bank service area as
61.19the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
61.20a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
61.21less than 50 percent area;
61.22 (5) for project specific replacement, in an adjacent watershedor county to the
61.23affected wetland, or for replacement by wetland banking, in an adjacent wetland bank
61.24service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
61.2580 percent area and impacts in a less than 50 percent area must be replaced in a less
61.26than 50 percent area; and
61.27(5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for
61.28public transportation projects, except that wetlands affected in less than 50 percent areas
61.29must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
61.30metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
61.31(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
61.32that are wholly or partially within the seven-county metropolitan area, but at least one to
61.33one must be replaced within the seven-county metropolitan area.
61.34 (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
61.35percent areas may follow the priority order under this paragraph: (1) by wetland banking
62.1after evaluating on-site replacement and replacement within the watershed; (2) replaced
62.2in an adjacent wetland bank service area if wetland bank credits are not reasonably
62.3available in the same wetland bank service area as the affected wetland, as determined
62.4by the local government unit or by a comprehensive inventory approved by the board;
62.5and (3) statewide.
62.6 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
62.7metropolitan area must follow the priority order under this paragraph: (1) in the affected
62.8county; (2) in another of the seven metropolitan counties; or (3) in one of the major
62.9watersheds that are wholly or partially within the seven-county metropolitan area, but at
62.10least one to one must be replaced within the seven-county metropolitan area.
62.11 (d) The exception in paragraph (a), clause(5) (6), does not apply to replacement
62.12completed using wetland banking credits established by a person who submitted a
62.13complete wetland banking application to a local government unit by April 1, 1996.
62.14(c) (e) When reasonable, practicable, and environmentally beneficial replacement
62.15opportunities are not available in siting priorities listed in paragraph (a), the applicant
62.16may seek opportunities at the next level.
62.17(d) (f) For the purposes of this section, "reasonable, practicable, and environmentally
62.18beneficial replacement opportunities" are defined as opportunities that:
62.19 (1) take advantage of naturally occurring hydrogeomorphological conditions and
62.20require minimal landscape alteration;
62.21 (2) have a high likelihood of becoming a functional wetland that will continue
62.22in perpetuity;
62.23 (3) do not adversely affect other habitat types or ecological communities that are
62.24important in maintaining the overall biological diversity of the area; and
62.25 (4) are available and capable of being done after taking into consideration cost,
62.26existing technology, and logistics consistent with overall project purposes.
62.27(e) (g) Regulatory agencies, local government units, and other entities involved in
62.28wetland restoration shall collaborate to identify potential replacement opportunities within
62.29their jurisdictional areas.
62.30EFFECTIVE DATE.This section is effective the day following final enactment.
62.31 Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
62.32read:
62.33 Subdivision 1. Agricultural activities.(a) A replacement plan for wetlands is
62.34not required for:
63.1(1) activities in a wetland that was planted with annually seeded crops, was in a crop
63.2rotation seeding of pasture grass or legumes, or was required to be set aside to receive
63.3price support or other payments under United States Code, title 7, sections 1421 to 1469,
63.4in six of the last ten years prior to January 1, 1991;
63.5(2) activities in a wetland that is or has been enrolled in the federal conservation
63.6reserve program under United States Code, title 16, section 3831, that:
63.7(i) was planted with annually seeded crops, was in a crop rotation seeding, or was
63.8required to be set aside to receive price support or payment under United States Code,
63.9title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the
63.10program; and
63.11(ii) has not been restored with assistance from a public or private wetland restoration
63.12program;
63.13(3) activities in a wetland that has received a commenced drainage determination
63.14provided for by the federal Food Security Act of 1985, that was made to the county
63.15Agricultural Stabilization and Conservation Service office prior to September 19, 1988,
63.16and a ruling and any subsequent appeals or reviews have determined that drainage of the
63.17wetland had been commenced prior to December 23, 1985;
63.18(4) activities in a type 1 wetland on agricultural land, except for bottomland
63.19hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two
63.20acres in size and located on agricultural land;
63.21 (1) activities in a wetland conducted as part of normal farming practices. For
63.22purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
63.23and ranching activities such as plowing, seeding, cultivating, and harvesting for the
63.24production of feed, food, fuel, fiber, and forest products, but does not include activities
63.25that result in the draining or filling of wetlands in whole or part;
63.26 (2) soil and water conservation practices approved by the soil and water conservation
63.27district, after review by the Technical Evaluation Panel;
63.28(5) (3) aquaculture activities including pond excavation and construction and
63.29maintenance of associated access roads and dikes authorized under, and conducted in
63.30accordance with, a permit issued by the United States Army Corps of Engineers under
63.31section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but
63.32not including construction or expansion of buildings; or
63.33(6) (4) wild rice production activities, including necessary diking and other activities
63.34authorized under a permit issued by the United States Army Corps of Engineers under
63.35section 404 of the federal Clean Water Act, United States Code, title 33, section 1344;.
64.1(7) normal agricultural practices to control noxious or secondary weeds as defined
64.2by rule of the commissioner of agriculture, in accordance with applicable requirements
64.3under state and federal law, including established best management practices; and
64.4(8) agricultural activities in a wetland that is on agricultural land:
64.5(i) annually enrolled in the federal Agriculture Improvement and Reform Act of
64.61996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on
64.7January 1, 2000; or
64.8(ii) subject to subsequent federal farm program restrictions that meet minimum
64.9state standards under this chapter and sections
103A.202 and
103B.3355 and that have
64.10been approved by the Board of Water and Soil Resources, the commissioners of natural
64.11resources and agriculture, and the Pollution Control Agency.
64.12(b) Land enrolled in a federal farm program under paragraph (a), clause (8), is
64.13eligible for easement participation for those acres not already compensated under a federal
64.14program.
64.15(c) The exemption under paragraph (a), clause (4), may be expanded to additional
64.16acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when
64.17the additional acreage is part of a conservation plan approved by the local soil and water
64.18conservation district, the additional draining or filling is necessary for efficient operation
64.19of the farm, the hydrology of the larger wetland system is not adversely affected, and
64.20wetlands other than types 1, 2, and 6 are not drained or filled.
64.21EFFECTIVE DATE.This section is effective the day following final enactment.
64.22 Sec. 56. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
64.23read:
64.24 Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
64.25system" means a drainage system as defined in section103E.005, subdivision 12 , and any
64.26ditch or tile lawfully connected to the drainage system. If wetlands drained under this
64.27subdivision are converted to uses prohibited under paragraph (b), clause (2), during the
64.28ten-year period following drainage, the wetlands must be replaced according to section
64.29103G.222.
64.30 (b) A replacement plan is not required for draining of type 1 wetlands, or up to five
64.31acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
64.32drainage benefits for a public drainage system, provided that:
64.33 (1) during the 20-year period that ended January 1, 1992:
64.34 (i) there was an expenditure made from the drainage system account for the public
64.35drainage system;
65.1 (ii) the public drainage system was repaired or maintained as approved by the
65.2drainage authority; or
65.3 (iii) no repair or maintenance of the public drainage system was required under
65.4section103E.705, subdivision 1 , as determined by the public drainage authority; and
65.5 (2) the wetlands are not drained for conversion to:
65.6 (i) platted lots;
65.7 (ii) planned unit, commercial, or industrial developments; or
65.8 (iii) any development with more than one residential unit per 40 acres.
65.9If wetlands drained under this paragraph are converted to uses prohibited under clause
65.10(2) during the ten-year period following drainage, the wetlands must be replaced under
65.11section
103G.222.
65.12 (c) A replacement plan is not required for draining or filling of wetlands, except for
65.13draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
65.14resulting from maintenance and repair of existing public drainage systems.
65.15 (d) A replacement plan is not required for draining or filling of wetlands, except
65.16for draining wetlands that have been in existence for more than 25 years, resulting from
65.17maintenance and repair of existing drainage systems other than public drainage systems.
65.18(e) A replacement plan is not required for draining or filling of wetlands resulting
65.19from activities conducted as part of a public drainage system improvement project that
65.20received final approval from the drainage authority before July 1, 1991, and after July 1,
65.211986, if:
65.22(1) the approval remains valid;
65.23(2) the project remains active; and
65.24(3) no additional drainage will occur beyond that originally approved.
65.25 (e) A replacement plan is not required for draining agricultural land that: (1) was
65.26planted with annually seeded crops before June 10, except for crops that are normally
65.27planted after that date, in eight out of the ten most recent years prior to the impact; (2)
65.28was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most
65.29recent years prior to the impact; or (3) was enrolled in a state or federal land conservation
65.30program and met the requirements of clause (1) or (2) before enrollment.
65.31 (f) The public drainage authority may, as part of the repair, install control structures,
65.32realign the ditch, construct dikes along the ditch, or make other modifications as necessary
65.33to prevent drainage of the wetland.
65.34 (g) Wetlands of all types that would be drained as a part of a public drainage repair
65.35project are eligible for the permanent wetlands preserve under section103F.516 . The
65.36board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
66.1been in existence for more than 25 years on public drainage systems and other wetlands
66.2that have the greatest risk of drainage from a public drainage repair project.
66.3EFFECTIVE DATE.This section is effective the day following final enactment.
66.4 Sec. 57. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
66.5read:
66.6 Subd. 3. Federal approvals. A replacement plan for wetlands is not required for:
66.7(1) activities exempted from federal regulation under United States Code, title 33,
66.8section 1344(f), as in effect on January 1, 1991;
66.9(2) activities authorized under, and conducted in accordance with, an applicable
66.10general permit issued by the United States Army Corps of Engineers under section 404
66.11of the federal Clean Water Act, United States Code, title 33, section 1344, except the
66.12nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a),
66.13clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on
66.14January 1, 1991; or
66.15(3) activities authorized under the federal Clean Water Act, section 404, or the
66.16Rivers and Harbors Act, section 10, regulations that meet minimum state standards
66.17under this chapter and sections103A.202 and
103B.3355 and that have been approved
66.18by the Board of Water and Soil Resources, the commissioners of natural resources and
66.19agriculture, and the Pollution Control Agency.
66.20EFFECTIVE DATE.This section is effective the day following final enactment.
66.21 Sec. 58. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
66.22read:
66.23 Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
66.24required for:
66.25(1) placement, maintenance, repair, enhancement, or replacement of utility or
66.26utility-type service if:
66.27(i) the impacts of the proposed project on the hydrologic and biological
66.28characteristics of the wetland have been avoided and minimized to the extent possible; and
66.29(ii) the proposed project significantly modifies or alters less than one-half acre of
66.30wetlands;
66.31(2) activities associated with routine maintenance of utility and pipeline
66.32rights-of-way, provided the activities do not result in additional intrusion into the wetland;
67.1(3) alteration of a wetland associated with the operation, maintenance, or repair of
67.2an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;
67.3(4) emergency repair and normal maintenance and repair of existing public works,
67.4provided the activity does not result in additional intrusion of the public works into the
67.5wetland and does not result in the draining or filling, wholly or partially, of a wetland;
67.6(5) normal maintenance and minor repair of structures causing no additional
67.7intrusion of an existing structure into the wetland, and maintenance and repair of private
67.8crossings that do not result in the draining or filling, wholly or partially, of a wetland; or
67.9(6) repair and updating of existing individual sewage treatment systems as necessary
67.10to comply with local, state, and federal regulations.
67.11 (1) new placement or maintenance, repair, enhancement, or replacement of existing
67.12utility or utility-type service, including pipelines, if:
67.13 (i) the direct and indirect impacts of the proposed project have been avoided and
67.14minimized to the extent possible; and
67.15 (ii) the proposed project significantly modifies or alters less than one-half acre of
67.16wetlands;
67.17 (2) activities associated with operation, routine maintenance, or emergency repair of
67.18existing utilities and public work structures, including pipelines, provided the activities
67.19do not result in additional wetland intrusion or additional draining or filling of a wetland
67.20either wholly or partially; or
67.21 (3) repair and updating of existing individual sewage treatment systems necessary to
67.22comply with local, state, and federal regulations.
67.23 (b) For maintenance, repair, and replacement, the local government unit may issue
67.24a seasonal or annual exemption certification or the utility may proceed without local
67.25government unit certification if the utility is carrying out the work according to approved
67.26best management practices. Work of an emergency nature may proceed as necessary
67.27and any drain or fill activities shall be addressed with the local government unit after
67.28the emergency work has been completed.
67.29EFFECTIVE DATE.This section is effective the day following final enactment.
67.30 Sec. 59. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
67.31read:
67.32 Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a
67.33replacement plan for wetlands is not required for draining or filling the following amounts
67.34of wetlands as part of a project:
68.1 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
68.2tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
68.380 percent area;
68.4 (2)5,000 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar
68.5and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80
68.6percent area;
68.7 (3)2,000 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland
68.8wetland protection zone in a less than 50 percent area;
68.9 (4)400 100 square feet of wetland types not listed in clauses (1) to (3) outside of
68.10the building setback zone of the shoreland wetland protection zones in all counties;or
68.11 (5) 400 square feet oftype 1, 2, 3, 4, 5, 6, 7, or 8 wetland types listed in clauses (1)
68.12to (3),in beyond the building setback zone, as defined in the local shoreland management
68.13ordinance, but within the shoreland wetland protection zone, except that. In a greater
68.14than 80 percent area, the local government unit may increase the de minimis amount
68.15up to 1,000 square feetin the shoreland protection zone in areas beyond the building
68.16setback if the wetland is isolated and is determined to have no direct surficial connection
68.17to the public water. To the extent that a local shoreland management ordinance is more
68.18restrictive than this provision, the local shoreland ordinance applies; or
68.19 (6) up to 20 square feet of wetland, regardless of type or location.
68.20 (b) The amounts listed in paragraph (a), clauses (1) to(5) (6), may not be combined
68.21on a project.
68.22 (c) This exemption no longer applies to a landowner's portion of a wetland when
68.23the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
68.24the greatest of:
68.25 (1) the applicable area listed in paragraph (a), if the landowner owns the entire
68.26wetland;
68.27 (2) five percent of the landowner's portion of the wetland; or
68.28 (3) 400 square feet.
68.29 (d) This exemption may not be combined with another exemption in this section on
68.30a project.
68.31 (e) Property may not be divided to increase the amounts listed in paragraph (a).
68.32EFFECTIVE DATE.This section is effective the day following final enactment.
68.33 Sec. 60. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
68.34read:
69.1 Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
69.2under an exemption in subdivisions 1 to 10 shall ensure that:
69.3 (1) appropriate erosion control measures are taken to prevent sedimentation of
69.4the water;
69.5 (2) the activity does not block fish passage in a watercourse; and
69.6 (3) the activity is conducted in compliance with all other applicable federal,
69.7state, and local requirements, including best management practices and water resource
69.8protection requirements established under chapter 103H.
69.9 (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
69.10may be indicated as not exempt under another exemption.
69.11 (c) Persons proposing to conduct an exempt activity are encouraged to contact the
69.12local government unit or the local government unit's designee for advice on minimizing
69.13wetland impacts.
69.14 (d) The board shall develop rules that address the application and implementation
69.15of exemptions and that provide for estimates and reporting of exempt wetland impacts,
69.16including those in section 103G.2241, subdivisions 2, 6, and 9.
69.17EFFECTIVE DATE.This section is effective the day following final enactment.
69.18 Sec. 61. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
69.19read:
69.20 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size,
69.21or type of a wetland shall be submitted to and determined by a Technical Evaluation
69.22Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
69.23a technical professional employee of the board, a technical professional employee of
69.24the local soil and water conservation district or districts, a technical professional with
69.25expertise in water resources management appointed by the local government unit, and
69.26a technical professional employee of the Department of Natural Resources for projects
69.27affecting public waters or wetlands adjacent to public waters. The panel shall use the
69.28"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
69.29including updates, supplementary guidance, and replacements, if any, "Wetlands of
69.30the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
69.31and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
69.32edition). The panel shall provide the wetland determination and recommendations on
69.33other technical matters to the local government unit that must approve a replacement
69.34plan, wetland banking plan, exemption determination, no-loss determination, or wetland
69.35boundary or type determination and may recommend approval or denial of the plan. The
70.1authority must consider and include the decision of the Technical Evaluation Panel in their
70.2approval or denial of a plan or determination.
70.3 (b) Persons conducting wetland or public waters boundary delineations or type
70.4determinations are exempt from the requirements of chapter 326.By January 15, 2001,
70.5the board, in consultation with the Minnesota Association of Professional Soil Scientists,
70.6the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan
70.7for a professional wetland delineator certification program to the legislature. The board
70.8may develop a professional wetland delineator certification program.
70.9EFFECTIVE DATE.This section is effective the day following final enactment.
70.10 Sec. 62. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
70.11read:
70.12 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
70.13for a wetland boundary or type determination from the local government unit. The
70.14landowner applying for the determination is responsible for submitting proof necessary
70.15to make the determination, including, but not limited to, wetland delineation field data,
70.16observation well data, topographic mapping, survey mapping, and information regarding
70.17soils, vegetation, hydrology, and groundwater both within and outside of the proposed
70.18wetland boundary.
70.19 (b) A local government unit that receives an application under paragraph (a) may
70.20seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
70.21necessary, expand the Technical Evaluation Panel. The local government unit may delegate
70.22the decision authority for wetland boundary or type determinationswith the zoning
70.23administrator to designated staff, or establish other procedures it considers appropriate.
70.24 (c) The local government unit decision must be made in compliance with section
70.2515.99
. Within ten calendar days of the decision, the local government unit decision must
70.26be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
70.27district or watershed management organization, if one exists, and individual members of
70.28the public who request a copy.
70.29 (d) Appeals of decisions made by designated local government staff must be made
70.30to the local government unit. Notwithstanding any law to the contrary, a ruling on an
70.31appeal must be made by the local government unit within 30 days from the date of the
70.32filing of the appeal.
70.33 (e) The local government unit decision is valid for three years unless the Technical
70.34Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
70.35or soils of the area have been sufficient to alter the wetland boundary or type.
71.1EFFECTIVE DATE.This section is effective the day following final enactment.
71.2 Sec. 63. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
71.3read:
71.4 Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking,
71.5wetland boundary or type determination,or no-loss decision, or restoration order may
71.6be obtained by mailing a petition and payment of a filing feeof $200, which shall be
71.7retained by the board to defray administrative costs, to the board within 30 days after the
71.8postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
71.930 days, the decision becomes final.The local government unit may require the petitioner
71.10to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the
71.11petition for hearing is accepted, the amount posted must be returned to the petitioner.
71.12Appeal may be made by:
71.13 (1) the wetland owner;
71.14 (2) any of those to whom notice is required to be mailed under subdivision 7; or
71.15 (3) 100 residents of the county in which a majority of the wetland is located.
71.16 (b) Within 30 days after receiving a petition, the board shall decide whether to
71.17grant the petition and hear the appeal. The board shall grant the petition unless the board
71.18finds that:
71.19 (1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
71.20 (2) the petitioner has not exhausted all local administrative remedies;
71.21 (3) expanded technical review is needed;
71.22 (4) the local government unit's record is not adequate; or
71.23 (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
71.24by the local government unit.
71.25 (c) In determining whether to grant the appeal, the board shall also consider the
71.26size of the wetland, other factors in controversy, any patterns of similar acts by the local
71.27government unit or petitioner, and the consequences of the delay resulting from the appeal.
71.28 (d) All appeals must be heard by the committee for dispute resolution of the board,
71.29and a decision made within 60 days of filing the local government unit's record and the
71.30written briefs submitted for the appeal. The decision must be served by mail on the parties
71.31to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
71.32grant a petition for appeal and a decision on the merits of an appeal must be considered the
71.33decision of an agency in a contested case for purposes of judicial review under sections
71.3414.63
to
14.69 .
72.1 (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
72.2defray the administrative costs of appeals made to the board under this subdivision. Fees
72.3established under this authority shall not exceed $1,000. Establishment of the fee is not
72.4subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
72.5EFFECTIVE DATE.This section is effective the day following final enactment.
72.6 Sec. 64. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
72.7read:
72.8 Subd. 12. Replacement credits. (a) No public or private wetland restoration,
72.9enhancement, or construction may be allowed for replacement unless specifically
72.10designated for replacement and paid for by the individual or organization performing the
72.11wetland restoration, enhancement, or construction, and is completed prior to any draining
72.12or filling of the wetland.
72.13 (b) Paragraph (a) does not apply to a wetland whose owner has paid back with
72.14interest the individual or organization restoring, enhancing, or constructing the wetland.
72.15 (c) Notwithstanding section103G.222, subdivision 1 , paragraph (h) (i), the
72.16following actions, and others established in rule, that are consistent with criteria in rules
72.17adopted by the board in conjunction with the commissioners of natural resources and
72.18agriculture, are eligible for replacement credit as determined by the local government unit,
72.19including enrollment in a statewide wetlands bank:
72.20 (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
72.21on agricultural land that was planted with annually seeded crops, was in a crop rotation
72.22seeding of pasture grasses or legumes, or was in a land retirement program during the
72.23past ten years;
72.24 (2) buffer areas of permanent native, noninvasive vegetative cover established or
72.25preserved on upland adjacent to replacement wetlands;
72.26 (3) wetlands restored for conservation purposes under terminated easements or
72.27contracts; and
72.28 (4) water quality treatment ponds constructed to pretreat storm water runoff prior
72.29to discharge to wetlands, public waters, or other water bodies, provided that the water
72.30quality treatment ponds must be associated with an ongoing or proposed project that
72.31will impact a wetland and replacement credit for the treatment ponds is based on the
72.32replacement of wetland functions and on an approved stormwater management plan for
72.33the local government.
73.1 (d) Notwithstanding section103G.222, subdivision 1 , paragraphs (e) (f) and (f) (g),
73.2the board may establish by rule different replacement ratios for restoration projects with
73.3exceptional natural resource value.
73.4EFFECTIVE DATE.This section is effective the day following final enactment.
73.5 Sec. 65. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
73.6read:
73.7 Subd. 15. Fees paid to board. All fees established insubdivision subdivisions 9
73.8and 14 must be paid to the Board of Water and Soil Resourcesand credited to the general
73.9fund to be used for the purpose of administration of the wetland bank and to process
73.10appeals under section 103G.2242, subdivision 9.
73.11EFFECTIVE DATE.This section is effective the day following final enactment.
73.12 Sec. 66. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
73.13read:
73.14 Subd. 2. Plan contents. A comprehensive wetland protection and management
73.15plan may:
73.16 (1) provide for classification of wetlands in the plan area based on:
73.17 (i) an inventory of wetlands in the plan area;
73.18 (ii) an assessment of the wetland functions listed in section103B.3355 , using a
73.19methodology chosen by the Technical Evaluation Panel from one of the methodologies
73.20established or approved by the board under that section; and
73.21 (iii) the resulting public values;
73.22 (2) vary application of the sequencing standards in section103G.222, subdivision 1 ,
73.23paragraph (b), for projects based on the classification and criteria set forth in the plan;
73.24 (3) vary the replacement standards of section103G.222, subdivision 1 , paragraphs
73.25(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific
73.26wetland impacts provided there is no net loss of public values within the area subject to
73.27the plan, and so long as:
73.28 (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
73.29wetland for each acre of drained or filled wetland requiring replacement is met within
73.30the area subject to the plan; and
73.31 (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
73.32replaced wetland for each acre of drained or filled wetland requiring replacement is met
74.1within the area subject to the plan, except that replacement for the amount above a 1:1
74.2ratio can be accomplished as described in section103G.2242, subdivision 12 ; and
74.3 (4) in a greater than 80 percent area, allow replacement credit, based on the
74.4classification and criteria set forth in the plan, for any project that increases the public
74.5value of wetlands, including activities on adjacent upland acres; and.
74.6(5) in a greater than 80 percent area, based on the classification and criteria set forth
74.7in the plan, expand the application of the exemptions in section
103G.2241, subdivision
74.81
, paragraph (a), clause (4), to also include nonagricultural land, provided there is no
74.9net loss of wetland values.
74.10EFFECTIVE DATE.This section is effective the day following final enactment.
74.11 Sec. 67. Minnesota Statutes 2006, section 103G.235, is amended to read:
74.12103G.235 RESTRICTIONS ON ACCESS TOPUBLIC WATERS WETLANDS.
74.13 Subdivision 1. Wetlands adjacent to roads. To protect the public health or safety,
74.14local units of government may by ordinance restrict public access to public waters
74.15wetlands from municipality, county, or township roads that abut public waters wetlands.
74.16 Subd. 2. Privately restored or created wetlands. When a landowner creates a new
74.17wetland or restores a formerly existing wetland on private land that is adjacent to public
74.18land or a public road right-of-way, there is no public access to the created or restored
74.19wetland if posted by the landowner.
74.20 Sec. 68. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read:
74.21 Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
74.22receiving, recording, and processing the application must be paid for a permit authorized
74.23under this chapter and for each request to amend or transfer an existing permit.
74.24 (b) The fee to apply for a permit to appropriate water by a nonpublic applicant or a
74.25nonagricultural irrigation applicant must be assessed to recover the reasonable costs of
74.26preparing and issuing the permit. Fees collected under this paragraph must be credited to
74.27an account in the natural resources fund and are appropriated to the commissioner.
74.28(b) (c) The fee to apply for a permit to appropriate water, other than a permit subject
74.29to the fee under paragraph (b); a permit to construct or repair a dam that is subject to dam
74.30safety inspection,; or a state general permit or to apply for the state water bank program is
74.31$150. The application fee for a permit to work in public waters or to divert waters for
74.32mining must be at least $150, but not more than $1,000, according to a schedule of fees
74.33adopted under section16A.1285 .
75.1 Sec. 69. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:
75.2 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections
75.3115.55
to
115.56 .
75.4 (b) "Advisory committee" means the Advisory Committee on Individual Sewage
75.5Treatment Systems established under the individual sewage treatment system rules. The
75.6advisory committee must be appointed to ensure geographic representation of the state
75.7and include elected public officials.
75.8 (c) "Applicable requirements" means:
75.9 (1) local ordinances that comply with the individual sewage treatment system rules,
75.10as required in subdivision 2; or
75.11 (2) in areas not subject to the ordinances described in clause (1), the individual
75.12sewage treatment system rules.
75.13 (d) "City" means a statutory or home rule charter city.
75.14 (e) "Commissioner" means the commissioner of the Pollution Control Agency.
75.15 (f) "Dwelling" means a building or place used or intended to be used by human
75.16occupants as a single-family or two-family unit.
75.17 (g) "Individual sewage treatment system" or "system" means a sewage treatment
75.18system, or part thereof,serving a dwelling, other establishment, or group thereof, that
75.19uses subsurface soil treatment and disposal, or a holding tank, serving a dwelling, other
75.20establishment, or a group thereof.
75.21 (h) "Individual sewage treatment system professional" means an inspector, installer,
75.22site evaluator or designer, or pumper.
75.23 (i) "Individual sewage treatment system rules" means rules adopted by the agency
75.24that establish minimum standards and criteria for the design, location, installation, use,
75.25and maintenance of individual sewage treatment systems.
75.26 (j) "Inspector" means a person who inspects individual sewage treatment systems for
75.27compliance with the applicable requirements.
75.28 (k) "Installer" means a person who constructs or repairs individual sewage treatment
75.29systems.
75.30 (l) "Local unit of government" means a township, city, or county.
75.31 (m) "Performance-based system" means a system that is designed specifically for a
75.32site and the environmental conditions on that site and designed to adequately protect the
75.33public health and the environment and provide long-term performance. At a minimum, a
75.34performance based system must ensure that applicable water quality standards are met in
75.35both ground and surface water that ultimately receive the treated wastewater.
76.1 (n) "Pumper" means a person who maintains components of individual sewage
76.2treatment systems including, but not limited to, septic, aerobic, and holding tanks.
76.3(n) (o) "Seasonal dwelling" means a dwelling that is occupied or used for less than
76.4180 days per year and less than 120 consecutive days.
76.5(o) (p) "Septic system tank" means any covered receptacle designed, constructed,
76.6and installed as part of an individual sewage treatment system.
76.7(p) (q) "Site evaluator or designer" means a person who:
76.8 (1) investigates soils and site characteristics to determine suitability, limitations, and
76.9sizing requirements; and
76.10 (2) designs individual sewage treatment systems.
76.11(q) (r) "Straight-pipe system" means a sewage disposal system that includes toilet
76.12waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage
76.13system, or ground surface.
76.14 Sec. 70. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:
76.15 Subd. 2. Local ordinances. (a) All countiesthat did not adopt ordinances by
76.16May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with
76.17revisions to the individual sewage treatment system rulesby January 1, 1999, unless all
76.18towns and cities in the county have adopted such ordinances within two years of the final
76.19adoption by the agency. County ordinances must apply to all areas of the county other
76.20than cities or towns that have adopted ordinances that comply with this section and are
76.21as strict as the applicable county ordinances.Any ordinance adopted by a local unit of
76.22government before May 7, 1994, to regulate individual sewage treatment systems must be
76.23in compliance with the individual sewage treatment system rules by January 1, 1998.
76.24 (b) A copy of each ordinance adopted under this subdivision must be submitted to
76.25the commissioner upon adoption.
76.26 (c) A local unit of government must make available to the public upon request a
76.27written list of any differences between its ordinances and rules adopted under this section.
76.28 Sec. 71. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:
76.29 Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and
76.30criteria for the design, location, installation, use, and maintenance of individual sewage
76.31treatment systems. The rules must include:
76.32 (1) how the agency will ensure compliance under subdivision 2;
76.33 (2) how local units of government shall enforce ordinances under subdivision 2,
76.34including requirements for permits and inspection programs;
77.1 (3) how the advisory committee will participate in review and implementation of
77.2the rules;
77.3 (4) provisions foralternative nonstandard systems and performance-based systems;
77.4 (5) provisions for handling and disposal of effluent;
77.5 (6) provisions for system abandonment; and
77.6 (7) procedures for variances, including the consideration of variances based on cost
77.7and variances that take into account proximity of a system to other systems.
77.8 (b) The agency shall consult with the advisory committee before adopting rules
77.9under this subdivision.
77.10 (c) Notwithstanding the repeal of the agency rule under which the commissioner
77.11has established a list of warrantied individual sewage treatment systems, the warranties
77.12for all systems so listed as of the effective date of the repeal shall continue to be valid
77.13for the remainder of the warranty period.
77.14 (d) The rules required in paragraph (a) must also address the following:
77.15 (1) a definition of redoximorphic features and other criteria that can be used by
77.16system designers and inspectors;
77.17 (2) direction on the interpretation of observed soil features that may be
77.18redoximorphic and their relation to zones of seasonal saturation; and
77.19 (3) procedures on how to resolve professional disagreements on seasonally saturated
77.20soils.
77.21These rules must be in place by March 31, 2006.
77.22 Sec. 72. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision
77.23to read:
77.24 Subd. 12. Advisory committee; county individual sewage treatment system
77.25management plan. (a) A county may adopt an individual sewage treatment system
77.26management plan that describes how the county plans on carrying out individual sewage
77.27treatment system needs. The commissioner of the Pollution Control Agency shall form an
77.28advisory committee to determine what the plans should address. The advisory committee
77.29shall be made up of representatives of the Association of Minnesota Counties, Pollution
77.30Control Agency, Board of Water and Soil Resources, Department of Health, and other
77.31public agencies or local units of government that have an interest in individual sewage
77.32treatment systems.
77.33 (b) The advisory committee shall advise the agency on the standards, management,
77.34monitoring, and reporting requirements for performance-based systems.
78.1 Sec. 73. Minnesota Statutes 2006, section 116C.92, is amended to read:
78.2116C.92 COORDINATION OF ACTIVITIES.
78.3 Subdivision 1. State coordinating organization. The Environmental Quality Board
78.4is designated the state coordinating organization for state and federal regulatory activities
78.5relating to genetically engineered organisms.
78.6 Subd. 2. Notice of nationwide action. The board shall notify interested parties if a
78.7permit to release genetically engineered wild rice is issued anywhere in the United States.
78.8For purposes of this subdivision, "interested parties" means:
78.9 (1) the state's wild rice industry;
78.10 (2) the legislature;
78.11 (3) federally recognized tribes within Minnesota; and
78.12 (4) individuals who request to be notified.
78.13 Sec. 74. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:
78.14 Subdivision 1. General authority. (a) Except as provided in paragraph (b), the
78.15board shall adopt rules consistent with sections116C.91 to
116C.96 that require an
78.16environmental assessment worksheet and otherwise comply with chapter 116D and rules
78.17adopted under it for a proposed release and a permit for a release. The board may place
78.18conditions on a permit and may deny, modify, suspend, or revoke a permit.
78.19 (b) The board shall adopt rules that require an environmental impact statement and
78.20otherwise comply with chapter 116D and rules adopted under it for a proposed release and
78.21a permit for a release of genetically engineered wild rice. The board may place conditions
78.22on the permit and may deny, modify, suspend, or revoke the permit.
78.23 Sec. 75. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:
78.24 Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at
78.25the request of any person, that a federal program exists for regulating the release of certain
78.26genetically engineered organisms and the federal oversight under the program is adequate
78.27to protect human health or the environment, then any person may release such genetically
78.28engineered organisms after obtaining the necessary federal approval and without obtaining
78.29a state release permit or a significant environmental permit or complying with the other
78.30requirements of sections116C.91 to
116C.96 and the rules of the board adopted pursuant
78.31to section116C.94 .
78.32 (b) If the board determines the federal program is adequate to meet only certain
78.33requirements of sections116C.91 to
116C.96 and the rules of the board adopted pursuant
78.34to section116C.94 , the board may exempt such releases from those requirements.
79.1 (c) A person proposing a release for which a federal authorization is required may
79.2apply to the board for an exemption from the board's permit or to a state agency with a
79.3significant environmental permit for the proposed release for an exemption from the
79.4agency's permit. The proposer must file with the board or state agency a written request
79.5for exemption with a copy of the federal application and the information necessary to
79.6determine if there is a potential for significant environmental effects under chapter 116D
79.7and rules adopted under it. The board or state agency shall give public notice of the request
79.8in the first available issue of the EQB Monitor and shall provide an opportunity for public
79.9comment on the environmental review process consistent with chapter 116D and rules
79.10adopted under it. The board or state agency may grant the exemption if the board or state
79.11agency finds that the federal authorization issued is adequate to meet the requirements of
79.12chapter 116D and rules adopted under it and any other requirement of the board's or state
79.13agency's authority regarding the release of genetically engineered organisms. The board
79.14or state agency must grant or deny the exemption within 45 days after the receipt of the
79.15written request and the information required by the board or state agency.
79.16 (d) This subdivision does not apply to genetically engineered organisms for which
79.17an environmental impact statement is required under sections 116C.91 to 116C.96.
79.18 Sec. 76. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read:
79.19 Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may
79.20sell timber upon any tract that may be approved by the natural resources commissioner.
79.21The sale of timber shall be made for cash at not less than the appraised value determined
79.22by the county board to the highest bidder after not less than one week's published notice
79.23in an official paper within the county. Any timber offered at the public sale and not sold
79.24may thereafter be sold at private sale by the county auditor at not less than the appraised
79.25value thereof, until the time as the county board may withdraw the timber from sale. The
79.26appraised value of the timber and the forestry practices to be followed in the cutting of
79.27said timber shall be approved by the commissioner of natural resources.
79.28 (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be
79.29made in cash at the time of the timber sale, except in the case of oral or sealed bid auction
79.30sales, the down payment shall be no less than 15 percent of the appraised value, and the
79.31balance shall be paid prior to entry. In the case of auction sales that are partitioned and
79.32sold as a single sale with predetermined cutting blocks, the down payment shall be no less
79.33than 15 percent of the appraised price of the entire timber sale which may be held until the
79.34satisfactory completion of the sale or applied in whole or in part to the final cutting block.
79.35The value of each separate block must be paid in full before any cutting may begin in that
80.1block. With the permission of the county contract administrator the purchaser may enter
80.2unpaid blocks and cut necessary timber incidental to developing logging roads as may
80.3be needed to log other blocks provided that no timber may be removed from an unpaid
80.4block until separately scaled and paid for. If payment is provided as specified in this
80.5paragraph as security under paragraph (a) and no cutting has taken place on the contract,
80.6the county auditor may credit the security provided, less any down payment required for
80.7an auction sale under this paragraph, to any other contract issued to the contract holder
80.8by the county under this chapter to which the contract holder requests in writing that it
80.9be credited, provided the request and transfer is made within the same calendar year as
80.10the security was received.
80.11 (c) The county board mayrequire final settlement on the basis of a scale of cut
80.12products sell any timber, including biomass, as appraised or scaled. Any parcels of land
80.13from which timber is to be sold by scale of cut products shall be so designated in the
80.14published notice of sale under paragraph (a), in which case the notice shall contain a
80.15description of the parcels, a statement of the estimated quantity of each species of timber,
80.16and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as
80.17the case may be. In those cases any bids offered over and above the appraised prices shall
80.18be by percentage, the percent bid to be added to the appraised price of each of the different
80.19species of timber advertised on the land. The purchaser of timber from the parcels shall
80.20pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of
80.21sale as estimated to be standing on the land, and in addition shall pay at the same rate for
80.22any additional amounts which the final scale shows to have been cut or was available for
80.23cutting on the land at the time of sale under the terms of the sale. Where the final scale
80.24of cut products shows that less timber was cut or was available for cutting under terms
80.25of the sale than was originally paid for, the excess payment shall be refunded from the
80.26forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the
80.27county board as in case of other claims against the county. No timber, except hardwood
80.28pulpwood, may be removed from the parcels of land or other designated landings until
80.29scaled by a person or persons designated by the county board and approved by the
80.30commissioner of natural resources. Landings other than the parcel of land from which
80.31timber is cut may be designated for scaling by the county board by written agreement
80.32with the purchaser of the timber. The county board may, by written agreement with the
80.33purchaser and with a consumer designated by the purchaser when the timber is sold by the
80.34county auditor, and with the approval of the commissioner of natural resources, accept the
80.35consumer's scale of cut products delivered at the consumer's landing. No timber shall be
80.36removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in
81.1appraised valuation may be sold for not less than the full appraised value at private sale
81.2to individual persons without first publishing notice of sale or calling for bids, provided
81.3that in case of a sale involving a total appraised value of more than $200 the sale shall be
81.4made subject to final settlement on the basis of a scale of cut products in the manner above
81.5provided and not more than two of the sales, directly or indirectly to any individual shall
81.6be in effect at one time.
81.7 (d) As directed by the county board, the county auditor may lease tax-forfeited land
81.8to individuals, corporations or organized subdivisions of the state at public or private sale,
81.9and at the prices and under the terms as the county board may prescribe, for use as cottage
81.10and camp sites and for agricultural purposes and for the purpose of taking and removing of
81.11hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden
81.12sites and other temporary uses provided that no leases shall be for a period to exceed ten
81.13years; provided, further that any leases involving a consideration of more than $12,000 per
81.14year, except to an organized subdivision of the state shall first be offered at public sale in
81.15the manner provided herein for sale of timber. Upon the sale of any leased land, it shall
81.16remain subject to the lease for not to exceed one year from the beginning of the term of the
81.17lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation
81.18shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be
81.19audited and allowed by the county board as in case of other claims against the county.
81.20 (e) As directed by the county board, the county auditor may lease tax-forfeited land
81.21to individuals, corporations, or organized subdivisions of the state at public or private sale,
81.22at the prices and under the terms as the county board may prescribe, for the purpose
81.23of taking and removing for use for road construction and other purposes tax-forfeited
81.24stockpiled iron-bearing material. The county auditor must determine that the material is
81.25needed and suitable for use in the construction or maintenance of a road, tailings basin,
81.26settling basin, dike, dam, bank fill, or other works on public or private property, and
81.27that the use would be in the best interests of the public. No lease shall exceed ten years.
81.28The use of a stockpile for these purposes must first be approved by the commissioner of
81.29natural resources. The request shall be deemed approved unless the requesting county
81.30is notified to the contrary by the commissioner of natural resources within six months
81.31after receipt of a request for approval for use of a stockpile. Once use of a stockpile has
81.32been approved, the county may continue to lease it for these purposes until approval is
81.33withdrawn by the commissioner of natural resources.
81.34 (f) The county auditor, with the approval of the county board is authorized to grant
81.35permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean
81.36ores, tailings, or waste products from mines or ore milling plants, upon the conditions and
82.1for the consideration and for the period of time, not exceeding 15 years, as the county
82.2board may determine. The permits, licenses, or leases are subject to approval by the
82.3commissioner of natural resources.
82.4 (g) Any person who removes any timber from tax-forfeited land before said
82.5timber has been scaled and fully paid for as provided in this subdivision is guilty of a
82.6misdemeanor.
82.7 (h) The county auditor may, with the approval of the county board, and without first
82.8offering at public sale, grant leases, for a term not exceeding 25 years, for the removal
82.9of peat and for the production or removal of farm-grown closed-loop biomass as defined
82.10in section216B.2424, subdivision 1 , or short-rotation woody crops from tax-forfeited
82.11lands upon the terms and conditions as the county board may prescribe. Any lease for
82.12the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops
82.13from tax-forfeited lands must first be reviewed and approved by the commissioner of
82.14natural resources if the lease covers 320 or more acres. No lease for the removal of
82.15peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by
82.16the county auditor pursuant to this section without first holding a public hearing on the
82.17auditor's intention to lease. One printed notice in a legal newspaper in the county at least
82.18ten days before the hearing, and posted notice in the courthouse at least 20 days before
82.19the hearing shall be given of the hearing.
82.20 (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis
82.21County auditor may, at the discretion of the county board, sell timber to the party who
82.22bids the highest price for all the several kinds of timber, as provided for sales by the
82.23commissioner of natural resources under section90.14 . Bids offered over and above the
82.24appraised price need not be applied proportionately to the appraised price of each of
82.25the different species of timber.
82.26 (j) In lieu of any payment or deposit required in paragraph (b), as directed by the
82.27county board and under terms set by the county board, the county auditor may accept an
82.28irrevocable bank letter of credit in the amount equal to the amount otherwise determined
82.29in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph,
82.30at the written request of the purchaser, the county may periodically allow the bank letter
82.31of credit to be reduced by an amount proportionate to the value of timber that has been
82.32harvested and for which the county has received payment. The remaining amount of
82.33the bank letter of credit after a reduction under this paragraph must not be less than 20
82.34percent of the value of the timber purchased. If an irrevocable bank letter of credit or
82.35cash deposit is provided for the down payment required in paragraph (b), and no cutting
82.36of timber has taken place on the contract for which a letter of credit has been provided,
83.1the county may allow the transfer of the letter of credit to any other contract issued to the
83.2contract holder by the county under this chapter to which the contract holder requests in
83.3writing that it be credited.
83.4 Sec. 77. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read:
83.5 Subd. 4. All-terrain vehicle. Approximately0.15 0.27 of one percent of all gasoline
83.6received in or produced or brought into this state, except gasoline used for aviation
83.7purposes, is being used for the operation of all-terrain vehicles in this state, and of the total
83.8revenue derived from the imposition of the gasoline fuel tax,0.15 0.27 of one percent is
83.9the amount of tax on fuel used in all-terrain vehicles operated in this state.
83.10 Sec. 78. Laws 2003, chapter 128, article 1, section 169, is amended to read:
83.11 Sec. 169. CONTINUOUS TRAIL DESIGNATION.
83.12 (a) The commissioner of natural resources shall locate, plan, design, map, construct,
83.13designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles
83.14of not less than 70 continuous miles in length on any land owned by the state or in
83.15cooperation with any county on land owned by that county or on a combination of any of
83.16these lands. This new trail shall be ready for use byApril 1, 2007 June 30, 2009.
83.17 (b) All funding for this new trail shall come from the all-terrain vehicle dedicated
83.18account and is appropriated each year as needed.
83.19 (c) This new trail shall have at least two areas of access complete with appropriate
83.20parking for vehicles and trailers and enough room for loading and unloading all-terrain
83.21vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not
83.22inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle
83.23trail. This new trail may be of a continuous loop design and shall provide for spurs to other
83.24all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles
83.25of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.
83.26 Sec. 79. Laws 2006, chapter 236, article 1, section 21, is amended to read:
83.27 Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
83.28ITASCA COUNTY.
83.29 (a) For the purpose of a land exchange for use in connection with a proposed
83.30steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
83.31subdivision 3, title examination and approval of the land described in paragraph (b)
83.32shall be undertaken as a condition of exchange of the land for class B land, and shall be
83.33governed by Minnesota Statutes, section94.344, subdivisions 9 and 10, and the provisions
84.1of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
84.2section94.344, subdivisions 9 and 10, the county attorney shall examine one or more title
84.3reports or title insurance commitments prepared or underwritten by a title insurer licensed
84.4to conduct title insurance business in this state, regardless of whether abstracts were
84.5created or updated in the preparation of the title reports or commitments. The opinion of
84.6the county attorney, and approval by the attorney general, shall be based on those title
84.7reports or commitments.
84.8 (b) The land subject to this section is located in Itasca County and is described as:
84.9 (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
84.1056 North, Range 22 West;
84.11 (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
84.12 (3) Section 30, Township 57 North, Range 22 West; and
84.13 (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
84.14 (c) Riparian land given in exchange by Itasca County for the purpose of the steel
84.15mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
84.16Statutes, section94.342, subdivision 3 .
84.17 (d) Notwithstanding Minnesota Statutes, sections92.45 and
282.018, subdivision 1 ,
84.18and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell,
84.19by private sale, any land received in exchange for the purpose of the steel mill referenced
84.20in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The
84.21sale must be in a form approved by the attorney general.
84.22 (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other
84.23law to the contrary, land acquired through an exchange under this section is exempt from
84.24payment of three percent of the sales price required to be collected by the county auditor
84.25at the time of sale for deposit in the state treasury.
84.26 Sec. 80. ENDOCRINE DISRUPTOR REPORT.
84.27 The commissioner of the Pollution Control Agency shall prepare a report on
84.28strategies to prevent the entry of endocrine disruptors into waters of the state. The report
84.29must include an estimate for each strategy of the proportion of endocrine disruptors that
84.30are prevented from entering the waters of the state. The commissioner shall submit the
84.31report to the house and senate committees having jurisdiction over environment and
84.32natural resources policy and finance by January 15, 2008.
84.33 Sec. 81. EASEMENT REPORT REQUIRED.
85.1 By January 1, 2008, the commissioner of natural resources must report to the
85.2house and senate committees with jurisdiction over environment and natural resources
85.3finance with proposed minimum legal and conservation standards that could be applied
85.4to conservation easements acquired with public money.
85.5 Sec. 82. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
85.6 Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
85.7the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of
85.820 years, for use as a tailings basin and buffer area. A lease entered under this section
85.9is renewable.
85.10 Sec. 83. WILD RICE STUDY.
85.11 By February 15, 2008, the commissioner of natural resources must prepare a study
85.12for natural wild rice that includes:
85.13 (1) the current location and estimated acreage and area of natural stands;
85.14 (2) identified threats to natural stands, including, but not limited to, development
85.15pressure, water levels, pollution, invasive species, and genetic strains; and
85.16 (3) recommendations to the house and senate committees with jurisdiction over
85.17natural resources on protecting and increasing natural wild rice stands in the state.
85.18 In developing the study, the commissioner must contact and ask for comments
85.19from the state's wild rice industry, the commissioner of agriculture, local officials with
85.20significant areas of wild rice within their jurisdictions, tribal leaders within affected
85.21federally recognized tribes, and interested citizens.
85.22EFFECTIVE DATE.This section is effective the day following final enactment.
85.23 Sec. 84. CONSTRUCTION.
85.24 Nothing in sections 73, 74, 75, and 83 affects, alters, or modifies the authorities,
85.25responsibilities, obligations, or powers of the state or any political subdivision thereof or
85.26any federally recognized tribe.
85.27 Sec. 85. SEPTIC BEST PRACTICES ASSISTANCE.
85.28 The commissioner of the Pollution Control Agency shall establish a database of
85.29best practices regarding the installation, management, and maintenance of individual
85.30sewage treatment systems. The database must be made available to any interested public
85.31or private party.
86.1 Sec. 86. RULEMAKING.
86.2 Within 90 days of the effective date of this section, the Board of Water and Soil
86.3Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate
86.4statute changes and to address the related wetland exemption provisions in Minnesota
86.5Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions
86.6in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the
86.7rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes,
86.8section 14.386, applies and the proposed rules must be submitted to the senate and house
86.9committees having jurisdiction over environment and natural resources at least 30 days
86.10prior to being published in the State Register. The amended rules are effective for two
86.11years from the date of publication in the State Register unless they are superseded by
86.12permanent rules.
86.13EFFECTIVE DATE.This section is effective the day following final enactment.
86.14 Sec. 87. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
86.15 (a) The following area is established and designated as the Vermillion Highlands
86.16Wildlife Management Area, subject to the special permitted uses authorized in this section:
86.17 The approximately 2,840 acres owned by the University of Minnesota lying within
86.18the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of
86.19Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the
86.20West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
86.2119 West, Dakota County.
86.22 (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
86.23(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
86.24 (1) education, outreach, and agriculture with the intent to eventually phase out
86.25agriculture leases and plant and restore native prairie;
86.26 (2) research by the University of Minnesota or other permitted researchers;
86.27 (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related
86.28recreation of a natural outdoors experience, without constructing new hard surface trails
86.29or roads, and supporting management and improvements;
86.30 (4) designated trails for hiking, horseback riding, biking, and cross-country skiing
86.31and necessary trailhead support with minimal impact on the permitted uses in clause (3);
86.32 (5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and
86.33pistol shooting, including sanctioned events and training for responsible handling and
86.34use of firearms;
86.35 (6) grant-in-aid snowmobile trails; and
87.1 (7) leases for small-scale farms to market vegetable farming.
87.2 (c) With the concurrence of representatives of the University of Minnesota and
87.3Dakota County, the commissioner of natural resources may, by posting or rule, restrict the
87.4permitted uses as follows:
87.5 (1) temporarily close areas or trails, by posting at the access points, to facilitate
87.6hunting. When temporarily closing trails under this clause, the commissioner shall avoid
87.7closing all trail loops simultaneously whenever practical; or
87.8 (2) limit other permitted uses to accommodate hunting and trapping after providing
87.9advance public notice. Research conducted by the university may not be limited unless
87.10mutually agreed by the commissioner and the University of Minnesota.
87.11 (d) Road maintenance within the wildlife management area shall be minimized, with
87.12the intent to abandon interior roads when no longer needed for traditional agriculture
87.13purposes.
87.14 (e) Money collected on leases from lands within the wildlife management area
87.15must be kept in a separate account and spent within the wildlife management area under
87.16direction of the representatives listed in paragraph (c). $200,000 of this money may be
87.17transferred to the commissioner of natural resources for a master planning process and
87.18resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision
87.196, in order to provide needed prairie and wetland restoration. The commissioner must work
87.20with affected officials from the University of Minnesota and Dakota County to complete
87.21these requirements and inform landowners and lessees about the planning process.
87.22 (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state
87.23of Minnesota shall not provide payments in lieu of taxes for the lands described in
87.24paragraph (a).
87.25 Sec. 88. REPEALER.
87.26(a) Minnesota Statutes 2006, section 89A.11, is repealed.
87.27(b) Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.
87.28EFFECTIVE DATE.Paragraph (a) of this section is effective July 1, 2007.
87.29Paragraph (b) of this section is effective the day following final enactment.
1.3resources; modifying disposition of certain revenue; authorizing certain
1.4sales; modifying and creating certain accounts; modifying and establishing
1.5certain fees and surcharges; establishing an off-highway vehicle safety and
1.6conservation program; defining certain terms; providing for venison donation;
1.7providing for prairie establishment guidance; creating the Cuyuna Country
1.8State Recreation Area Citizens Advisory Council; modifying aquatic farm
1.9license provisions; restricting certain off-road vehicle trails; modifying state
1.10park permit requirements; modifying timber sale provisions; exempting certain
1.11exchanged land from the tax-forfeited land assurance fee; authorizing certain
1.12leases of tax-forfeited lands; modifying definition of public official; modifying
1.13agency service requirements; creating a grant program; designating a state
1.14wildlife management area; improving oversight of local government water
1.15management; modifying authority of watershed district board of managers
1.16and soil and water conservation board of supervisors; modifying provisions
1.17for wetland conservation; modifying requirements for ditch buffers; modifying
1.18provisions for individual sewage treatment systems; providing for civil
1.19enforcement; modifying provisions for regulating genetically engineered
1.20organisms; establishing requirements for acquisition of easements; modifying
1.21access to certain wetlands; modifying percentage of gasoline use attributable
1.22to all-terrain vehicles; modifying trail designation requirements; eliminating
1.23sunset of sustainable forest resources provisions; authorizing rulemaking;
1.24requiring reports and studies; amending Minnesota Statutes 2006, sections
1.2510A.01, subdivision 35; 15.99, subdivision 3; 16A.531, subdivision 1a; 17.4984,
1.26subdivision 1; 84.025, subdivision 9; 84.026, subdivision 1; 84.0272, by adding
1.27a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.927, subdivision 2; 84.963;
1.2884D.02, by adding a subdivision; 84D.13, subdivision 7; 85.054, subdivision
1.2912, by adding a subdivision; 86B.706, subdivision 2; 89.22, subdivision 2;
1.3090.161, by adding a subdivision; 93.22, subdivision 1; 97A.055, subdivision 4;
1.3197A.065, by adding a subdivision; 97A.133, by adding a subdivision; 97A.475,
1.32subdivision 7, by adding a subdivision; 97A.485, subdivision 7; 97C.081,
1.33subdivision 3; 103B.101, by adding a subdivision; 103C.321, by adding a
1.34subdivision; 103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2,
1.353, by adding a subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1;
1.36103E.701, by adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728,
1.37subdivision 2; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3,
1.386, 9, 11; 103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2;
1.39103G.235; 103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a
2.1subdivision; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 2; 282.04,
2.2subdivision 1; 296A.18, subdivision 4; Laws 2003, chapter 128, article 1, section
2.3169; Laws 2006, chapter 236, article 1, section 21; proposing coding for new law
2.4in Minnesota Statutes, chapters 17; 84; 84D; 85; 89; 97B; 103B; 103E; repealing
2.5Minnesota Statutes 2006, sections 89A.11; 103G.2241, subdivision 8.
2.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.10 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.12in this article.
| 2.23 |
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. |
||||||
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26general fund, or another named fund, and are available for the fiscal years indicated
2.27for each purpose. The figures "2008" and "2009" used in this article mean that the
2.28appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.29June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.30year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.31year ending June 30, 2007, are effective the day following final enactment.
| 2.32 |
APPROPRIATIONS |
||||||
| 2.33 |
Available for the Year |
||||||
| 2.34 |
Ending June 30 |
||||||
| 2.35 |
2008 |
2009 |
|||||
| 2.36 |
Sec. 3. POLLUTION CONTROL AGENCY |
||||||
| 2.37 |
Subdivision 1.Total Appropriation |
$ |
100,271,000 |
$ |
99,989,000 |
||
3.9purpose are specified in the following
3.10subdivisions.
| 3.11 |
Subd. 2.Water |
42,928,000 |
42,248,000 |
||||
| 3.12 |
Appropriations by Fund |
||
| 3.13 |
General |
23,326,000 |
23,266,000 |
| 3.14 3.15 |
State Government Special Revenue |
48,000 |
48,000 |
| 3.16 |
Remediation |
550,000 |
-0- |
| 3.17 |
Environmental |
19,004,000 |
18,934,000 |
3.19the second year are for the clean water
3.20partnership program. Any balance remaining
3.21in the first year does not cancel and
3.22is available for the second year. This
3.23appropriation may be used for grants to
3.24local units of government for the purpose
3.25of restoring impaired waters listed under
3.26section 303(d) of the federal Clean Water
3.27Act in accordance with adopted total
3.28maximum daily loads (TMDL's), including
3.29implementation of approved clean water
3.30partnership diagnostic study work plans that
3.31will assist in restoration of such impaired
3.32waters.
3.33$2,324,000 the first year and $2,324,000
3.34the second year are for grants to delegated
3.35counties to administer the county feedlot
3.36program. The commissioner, in consultation
3.37with the Minnesota Association of County
4.1Feedlot Officers executive team, may use up
4.2to five percent of the annual appropriation
4.3for initiatives to enhance existing delegated
4.4county feedlot programs, information and
4.5education, or technical assistance to reduce
4.6feedlot-related pollution hazards. Any
4.7unexpended balance in the first year does not
4.8cancel but is available in the second year.
4.9$335,000 the first year and $335,000 the
4.10second year are for community technical
4.11assistance and education, including grants
4.12and technical assistance to communities for
4.13local and basinwide water quality protection.
4.14$405,000 the first year and $405,000 the
4.15second year are for individual sewage
4.16treatment system (ISTS) administration and
4.17grants. Of this amount, $86,000 each year
4.18is for assistance to counties through grants
4.19for ISTS program administration. Any
4.20unexpended balance in the first year does not
4.21cancel but is available in the second year.
4.22$480,000 the first year and $480,000 the
4.23second year are from the environmental
4.24fund to address the need for continued
4.25increased activity in the areas of new
4.26technology review, technical assistance
4.27for local governments, and enforcement
4.28under Minnesota Statutes, sections 115.55
4.29to 115.58, and to complete the requirements
4.30of Laws 2003, chapter 128, article 1, section
4.31165. Of this amount, $48,000 each year is for
4.32administration of individual septic tank fees.
4.33$375,000 the first year and $375,000 the
4.34second year are to monitor and analyze
4.35endocrine disruptors in surface waters in at
5.1least 20 additional sites. The data must be
5.2placed on the agency's Web site.
5.3$15,317,000 the first year and $15,317,000
5.4the second year are to implement the
5.5requirements of Minnesota Statutes, chapter
5.6114D. Of this amount, $6,317,000 each
5.7year is for completion of ten percent of the
5.8needed statewide assessments of surface
5.9water quality and trends and $9,000,000
5.10each year is to develop TMDL's and TMDL
5.11implementation plans for waters listed on
5.12the United States Environmental Protection
5.13Agency approved impaired waters list. The
5.14agency shall complete an average of ten
5.15percent of the TMDL's each year over the
5.16next ten years.
5.17$690,000 the first year and $690,000 the
5.18second year are from the environmental fund
5.19to provide regulatory services to the ethanol,
5.20mining, and other developing economic
5.21sectors. This is a onetime appropriation.
5.22$88,000 the first year is for the endocrine
5.23disruptors report required to be completed
5.24under article 2.
5.25$550,000 is appropriated in fiscal year
5.262008 from the remediation fund to the
5.27commissioner of the Pollution Control
5.28Agency for transfer to the commissioner
5.29of health to conduct an evaluation of point
5.30of use water treatment units at removing
5.31perfluorooctanoic acid, perfluorooctane
5.32sulfonate, and perfluorobutanoic acid from
5.33known concentrations of these compounds
5.34in drinking water. The evaluation shall be
5.35completed by December 31, 2007, and the
6.1commissioner of health may contract for
6.2services to complete the evaluation.
6.3By January 15, 2008, the commissioner shall
6.4amend agency rules and, where legislative
6.5action is necessary, provide recommendations
6.6to the house of representatives and senate
6.7divisions on environmental finance on
6.8water and air fee changes that will result in
6.9revenue to the environmental fund to pay for
6.10regulatory services to the ethanol, mining,
6.11and other developing economic sectors.
6.12Notwithstanding Minnesota Statutes, section
6.1316A.28, the appropriations encumbered
6.14under contract on or before June 30, 2009,
6.15for clean water partnership, individual
6.16sewage treatment systems (ISTS), Minnesota
6.17River, total maximum daily loads (TMDL's),
6.18stormwater contracts or grants, and local and
6.19basinwide water quality protection contracts
6.20or grants in this subdivision are available
6.21until June 30, 2011.
| 6.22 |
Subd. 3.Air |
10,623,000 |
10,890,000 |
||||
| 6.23 |
Appropriations by Fund |
||
| 6.24 |
Environmental |
10,623,000 |
10,890,000 |
6.26the second year may be transferred from the
6.27environmental fund to the small business
6.28environmental improvement loan account
6.29established in Minnesota Statutes, section
6.30116.993.
6.31$200,000 the first year and $200,000 the
6.32second year are from the environmental fund
6.33for a monitoring program under Minnesota
6.34Statutes, section 116.454.
7.1$125,000 the first year and $125,000 the
7.2second year are from the environmental fund
7.3for monitoring ambient air for hazardous
7.4pollutants in the metropolitan area.
7.5$760,000 the first year and $760,000 the
7.6second year are from the environmental fund
7.7to provide regulatory services to the ethanol,
7.8mining, and other developing economic
7.9sectors. This is a onetime appropriation.
| 7.10 |
Subd. 4.Land |
18,081,000 |
18,151,000 |
||||
| 7.11 |
Appropriations by Fund |
||
| 7.12 |
Environmental |
7,065,000 |
7,065,000 |
| 7.13 |
Remediation |
11,016,000 |
11,086,000 |
7.15compensation, and compliance in the
7.16remediation fund not otherwise appropriated
7.17is appropriated to the commissioners of the
7.18Pollution Control Agency and agriculture
7.19for purposes of Minnesota Statutes, section
7.20115B.20, subdivision 2, clauses (1), (2),
7.21(3), (6), and (7). At the beginning of each
7.22fiscal year, the two commissioners shall
7.23jointly submit an annual spending plan
7.24to the commissioner of finance and the
7.25house and senate chairs of environment and
7.26natural resources finance that maximizes the
7.27utilization of resources and appropriately
7.28allocates the money between the two
7.29departments. This appropriation is available
7.30until June 30, 2009.
7.31$3,616,000 the first year and $3,616,000
7.32the second year are transferred from the
7.33petroleum tank fund to the remediation fund
7.34for appropriation to the commissioner for
8.1purposes of the leaking underground storage
8.2tank program to protect the land.
8.3$252,000 the first year and $252,000 the
8.4second year are from the remediation fund to
8.5be transferred to the Department of Health
8.6for health assessments, drinking water
8.7advisories, and public information activities
8.8for areas contaminated by hazardous releases.
| 8.9 |
Subd. 5.Multimedia |
4,879,000 |
4,911,000 |
||||
| 8.10 |
Appropriations by Fund |
||
| 8.11 |
General |
2,288,000 |
2,320,000 |
| 8.12 |
Environmental |
2,591,000 |
2,591,000 |
8.14second year are from the environmental fund
8.15to provide regulatory services to the ethanol,
8.16mining, and other developing economic
8.17sectors. This is a onetime appropriation.
8.18Notwithstanding Minnesota Statutes, section
8.1916A.28, the appropriations encumbered
8.20under contract on or before June 30, 2009, for
8.21total maximum daily load (TMDL) contracts
8.22or grants are available until June 30, 2011.
| 8.23 |
Subd. 6.Environmental Assistance |
22,142,000 |
22,142,000 |
||||
8.25environmental fund for SCORE block grants
8.26to counties.
8.27Any unencumbered grant and loan balances
8.28in the first year do not cancel but are available
8.29for grants and loans in the second year.
8.30All money deposited in the environmental
8.31fund for the metropolitan solid waste landfill
8.32fee under Minnesota Statutes, section
8.33473.843, and not otherwise appropriated, is
9.1appropriated to the agency for the purposes
9.2of Minnesota Statutes, section 473.844.
9.3$119,000 the first year and $119,000 the
9.4second year are from the environmental
9.5fund for environmental assistance grants
9.6or loans under Minnesota Statutes, section
9.7115A.0716.
9.8$1,200,000 the first year and $1,200,000 the
9.9second year are from the environmental fund
9.10to retrofit school buses statewide, including
9.11buses for preschool children, and for loans to
9.12small trucking firms to install equipment to
9.13reduce fuel consumption. This is a onetime
9.14appropriation.
9.15Notwithstanding Minnesota Statutes, section
9.1616A.28, the appropriations encumbered
9.17under contract on or before June 30,
9.182009, for environmental assistance grants
9.19awarded under Minnesota Statutes, section
9.20115A.0716, and for technical and research
9.21assistance under Minnesota Statutes,
9.22section 115A.152, technical assistance
9.23under Minnesota Statutes, section 115A.52,
9.24and pollution prevention assistance under
9.25Minnesota Statutes, section 115D.04, are
9.26available until June 30, 2011.
| 9.27 |
Subd. 7.Administrative Support |
1,618,000 |
1,647,000 |
||||
9.29the environmental fund to the remediation
9.30fund as necessary for the purposes of the
9.31remediation fund under Minnesota Statutes,
9.32section 116.155, subdivision 2.
| 9.33 |
Sec. 4. NATURAL RESOURCES |
||||||
| 9.34 |
Subdivision 1.Total Appropriation |
$ |
245,711,000 |
$ |
250,870,000 |
||
10.9purpose are specified in the following
10.10subdivisions.
| 10.11 10.12 |
Subd. 2.Land and Mineral Resources Management |
11,461,000 |
11,448,000 |
||||
| 10.13 |
Appropriations by Fund |
||
| 10.14 |
General |
6,347,000 |
6,406,000 |
| 10.15 |
Natural Resources |
3,551,000 |
3,447,000 |
| 10.16 |
Game and Fish |
1,363,000 |
1,395,000 |
| 10.17 |
Permanent School |
200,000 |
200,000 |
10.19second year are for iron ore cooperative
10.20research. Of this amount, $200,000 each year
10.21is from the minerals management account in
10.22the natural resources fund and $275,000 each
10.23year is from the general fund. $237,500 the
10.24first year and $237,500 the second year are
10.25available only as matched by $1 of nonstate
10.26money for each $1 of state money. The
10.27match may be cash or in-kind.
10.28$86,000 the first year and $86,000 the
10.29second year are for minerals cooperative
10.30environmental research, of which $43,000
10.31the first year and $43,000 the second year are
10.32available only as matched by $1 of nonstate
10.33money for each $1 of state money. The
10.34match may be cash or in-kind.
10.35$2,800,000 the first year and $2,696,000
10.36the second year are from the minerals
11.1management account in the natural resources
11.2fund for use as provided in Minnesota
11.3Statutes, section 93.2236, paragraph (c).
11.4$200,000 the first year and $200,000 the
11.5second year are from the state forest suspense
11.6account in the permanent school fund to
11.7accelerate land exchanges, land sales, and
11.8commercial leasing of school trust lands and
11.9to identify, evaluate, and lease construction
11.10aggregate located on school trust lands. This
11.11appropriation is to be used for securing
11.12maximum long-term economic return
11.13from the school trust lands consistent with
11.14fiduciary responsibilities and sound natural
11.15resources conservation and management
11.16principles.
11.17$15,000 the first year is for a report
11.18by February 1, 2008, to the house and
11.19senate committees with jurisdiction over
11.20environment and natural resources on
11.21proposed minimum legal and conservation
11.22standards that could be applied to
11.23conservation easements acquired with public
11.24money.
11.25$701,000 the first year and $701,000 the
11.26second year are to support the land records
11.27management system. Of this amount,
11.28$326,000 the first year and $326,000 the
11.29second year are from the game and fish fund
11.30and $375,000 the first year and $375,000 the
11.31second year are from the natural resources
11.32fund.
| 11.33 |
Subd. 3.Water Resources Management |
12,931,000 |
13,116,000 |
||||
| 12.1 |
Appropriations by Fund |
||
| 12.2 |
General |
12,651,000 |
12,836,000 |
| 12.3 |
Natural Resources |
280,000 |
280,000 |
12.5second year are for grants for up to 50
12.6percent of the cost of implementing the Red
12.7River mediation agreement.
12.8$65,000 the first year and $65,000 the
12.9second year are for a grant to the Mississippi
12.10Headwaters Board for up to 50 percent of
12.11the cost of implementing the comprehensive
12.12plan for the upper Mississippi within areas
12.13under the board's jurisdiction.
12.14$5,000 the first year and $5,000 the second
12.15year are for payment to the Leech Lake Band
12.16of Chippewa Indians to implement the band's
12.17portion of the comprehensive plan for the
12.18upper Mississippi.
12.19$200,000 the first year and $200,000 the
12.20second year are for the construction of ring
12.21dikes under Minnesota Statutes, section
12.22103F.161. The ring dikes may be publicly
12.23or privately owned. Any unencumbered
12.24balance does not cancel at the end of the
12.25first year and is available for the second
12.26year. If the appropriation in the first year is
12.27insufficient, the appropriation for the second
12.28year is available in the first year.
12.29$1,280,000 the first year and $1,280,000 the
12.30second year are to support the identification
12.31of impaired waters and develop plans to
12.32address those impairments, as required by the
12.33federal Clean Water Act. This is a onetime
12.34appropriation.
| 12.35 |
Subd. 4.Forest Management |
41,148,000 |
41,930,000 |
||||
| 13.1 |
Appropriations by Fund |
||
| 13.2 |
General |
22,858,000 |
23,273,000 |
| 13.3 |
Natural Resources |
18,033,000 |
18,393,000 |
| 13.4 |
Game and Fish |
257,000 |
264,000 |
13.6the second year are for prevention,
13.7presuppression, and suppression costs of
13.8emergency firefighting and other costs
13.9incurred under Minnesota Statutes, section
13.1088.12. If the appropriation for either
13.11year is insufficient to cover all costs of
13.12presuppression and suppression, the amount
13.13necessary to pay for these costs during the
13.14biennium is appropriated from the general
13.15fund.
13.16By November 15 of each year, the
13.17commissioner of natural resources shall
13.18submit a report to the chairs of the house
13.19and senate committees and divisions having
13.20jurisdiction over environment and natural
13.21resources finance, identifying all firefighting
13.22costs incurred and reimbursements received
13.23in the prior fiscal year. These appropriations
13.24may not be transferred. Any reimbursement
13.25of firefighting expenditures made to the
13.26commissioner from any source other than
13.27federal mobilizations shall be deposited into
13.28the general fund.
13.29$17,983,000 the first year and $18,293,000
13.30the second year are from the forest
13.31management investment account in the
13.32natural resources fund for only the purposes
13.33specified in Minnesota Statutes, section
13.3489.039, subdivision 2.
14.1$780,000 the first year and $780,000 the
14.2second year are for the Forest Resources
14.3Council for implementation of the
14.4Sustainable Forest Resources Act.
14.5$350,000 the first year and $350,000 the
14.6second year are for the FORIST timber
14.7management information system, other
14.8information systems, and for increased
14.9forestry management. The amount in the
14.10second year is also available in the first year.
14.11$257,000 the first year and $264,000 the
14.12second year are from the game and fish
14.13fund to implement ecological classification
14.14systems (ECS) standards on forested
14.15landscapes. This appropriation is from
14.16revenue deposited in the game and fish fund
14.17under Minnesota Statutes, section 297A.94,
14.18paragraph (e), clause (1).
14.19$55,000 the first year and $55,000 the
14.20second year are to develop and implement
14.21a statewide information and education
14.22campaign regarding the proposed statewide
14.23ban on the transport, storage, or use of
14.24nonapproved firewood on state administered
14.25land.
14.26$75,000 the first year is to the Forest
14.27Resources Council for a task force on
14.28forest protection and $75,000 the second
14.29year is appropriated to the commissioner
14.30for grants to cities, counties, townships,
14.31special recreation areas, and park and
14.32recreation boards in cities of the first class
14.33for the identification, removal, disposal, and
14.34replacement of dead or dying shade trees
14.35lost to forest pests or disease. For purposes
15.1of this section, "shade tree" means a woody
15.2perennial grown primarily for aesthetic or
15.3environmental purposes with minimal to
15.4residual timber value. The commissioner
15.5shall consult with municipalities; park and
15.6recreation boards in cities of the first class;
15.7nonprofit organizations; and other interested
15.8parties in developing eligibility criteria.
15.9$50,000 the first year and $100,000 the
15.10second year are from the natural resources
15.11fund for forest road maintenance in support
15.12of all-terrain vehicle trails.
| 15.13 |
Subd. 5.Parks and Recreation Management |
35,141,000 |
35,959,000 |
||||
| 15.14 |
Appropriations by Fund |
||
| 15.15 |
General |
20,560,000 |
20,923,000 |
| 15.16 |
Natural Resources |
14,581,000 |
15,036,000 |
15.18second year are from the water recreation
15.19account in the natural resources fund for state
15.20park water access projects.
15.21$3,996,000 the first year and $3,996,000 the
15.22second year are from the natural resources
15.23fund for state park and recreation area
15.24operations. This appropriation is from the
15.25revenue deposited in the natural resources
15.26fund under Minnesota Statutes, section
15.27297A.94, paragraph (e), clause (2).
15.28$5,000 each year is for payment of expenses
15.29of the Cuyuna Country State Recreation Area
15.30Citizens Advisory Council.
15.31The commissioner of natural resources, in
15.32consultation with the local elected officials
15.33and citizens of Meeker County, shall develop
15.34a plan for Greenleaf Lake State Recreation
15.35Area. The commissioner shall submit the
16.1plan to the legislative committees with
16.2jurisdiction over state parks and capital
16.3investment by February 1, 2008.
| 16.4 |
Subd. 6.Trails and Waterways Management |
29,942,000 |
30,147,000 |
||||
| 16.5 |
Appropriations by Fund |
||
| 16.6 |
General |
2,528,000 |
2,548,000 |
| 16.7 |
Natural Resources |
25,295,000 |
25,405,000 |
| 16.8 |
Game and Fish |
2,119,000 |
2,194,000 |
16.10the second year are from the snowmobile
16.11trails and enforcement account in the natural
16.12resources fund for snowmobile grants-in-aid.
16.13The additional money under this paragraph
16.14may be used for new grant-in-aid trails. Any
16.15unencumbered balance does not cancel at the
16.16end of the first year and is available for the
16.17second year.
16.18$1,140,000 the first year and $1,132,000 the
16.19second year are from the natural resources
16.20fund for off-highway vehicle grants-in-aid.
16.21Of this amount, $790,000 the first year
16.22and $882,000 the second year are from the
16.23all-terrain vehicle account; $150,000 each
16.24year is from the off-highway motorcycle
16.25account; and $200,000 the first year and
16.26$100,000 the second year are from the
16.27off-road vehicle account. Any unencumbered
16.28balance does not cancel at the end of the first
16.29year and is available for the second year.
16.30$261,000 the first year and $261,000 the
16.31second year are from the water recreation
16.32account in the natural resources fund for a
16.33safe harbor program on Lake Superior.
16.34$742,000 the first year and $760,000
16.35the second year are from the natural
17.1resources fund for state trail operations
17.2and maintenance. The money may be used
17.3for trail maintenance, signage, mapping,
17.4interpretation, native prairie restoration
17.5using best management practices, and
17.6maintenance of nonmotorized forest trails.
17.7This appropriation is from the revenue
17.8deposited in the natural resources fund
17.9under Minnesota Statutes, section 297A.94,
17.10paragraph (e), clause (2).
17.11$32,000 the first year and $107,000 the
17.12second year are from the game and fish fund
17.13and is added to the base for expenditures
17.14on water access sites according to the
17.15requirements of the federal sport and fish
17.16restoration program.
| 17.17 |
Subd. 7.Fish and Wildlife Management |
67,072,000 |
68,394,000 |
||||
| 17.18 |
Appropriations by Fund |
||
| 17.19 |
General |
3,255,000 |
3,255,000 |
| 17.20 |
Natural Resources |
1,876,000 |
1,876,000 |
| 17.21 |
Game and Fish |
61,941,000 |
63,263,000 |
17.23second year are for resource population
17.24surveys in the 1837 treaty area. Of this
17.25amount, $274,000 the first year and $288,000
17.26the second year are from the game and fish
17.27fund.
17.28$8,061,000 the first year and $8,167,000
17.29the second year are from the heritage
17.30enhancement account in the game and
17.31fish fund for only the purposes specified
17.32in Minnesota Statutes, section 297A.94,
17.33paragraph (e), clause (1). Of this amount,
17.34$1,175,000 the first year and $1,175,000 the
17.35second year are for preserving, restoring, and
18.1enhancing grassland/wetland complexes on
18.2public lands.
18.3Notwithstanding Minnesota Statutes, section
18.484.943, $13,000 the first year and $13,000
18.5the second year from the critical habitat
18.6private sector matching account may be used
18.7to publicize the critical habitat license plate
18.8match program.
18.9$8,000 the first year and $8,000 the second
18.10year are appropriated from the game and
18.11fish fund for transfer to the wild turkey
18.12management account for purposes specified
18.13in Minnesota Statutes, section 97A.075,
18.14subdivision 5.
18.15$108,000 the first year and $108,000 the
18.16second year are from the game and fish
18.17fund for costs associated with administering
18.18fishing contest permits.
18.19$182,000 the first year and $132,000 the
18.20second year are to accelerate wildlife health
18.21programs and to prevent the spread of
18.22disease from livestock and poultry to the
18.23wildlife population. $50,000 in the first
18.24year is for fencing cattle-feeding areas in
18.25bovine tuberculosis control zones, under the
18.26emergency deterrent materials assistance
18.27program in Minnesota Statutes, section
18.2897A.028, subdivision 3. This appropriation
18.29is available until June 30, 2009. $66,000 of
18.30this amount is permanent.
18.31$575,000 the first year and $575,000 the
18.32second year are for preserving, restoring, and
18.33enhancing grassland/wetland complexes on
18.34public lands.
19.1$150,000 the first year and $150,000 the
19.2second year are from the game and fish fund
19.3to expand the roadsides for wildlife program.
19.4$175,000 the first year and $175,000 the
19.5second year are appropriated from the game
19.6and fish fund to the commissioner of natural
19.7resources for grants to Let's Go Fishing
19.8of Minnesota to promote opportunities
19.9for fishing. The grants must be matched
19.10equally with cash or in-kind contributions
19.11from nonstate sources. This is a onetime
19.12appropriation.
19.13Notwithstanding Minnesota Statutes, section
19.1416A.28, the appropriations encumbered
19.15under contract on or before June 30, 2009, for
19.16aquatic restoration grants and wildlife habitat
19.17grants are available until June 30, 2010.
| 19.18 |
Subd. 8.Ecological Services |
14,201,000 |
15,404,000 |
||||
| 19.19 |
Appropriations by Fund |
||
| 19.20 |
General |
6,831,000 |
7,934,000 |
| 19.21 |
Natural Resources |
3,488,000 |
3,519,000 |
| 19.22 |
Game and Fish |
3,882,000 |
3,951,000 |
19.24second year are from the nongame wildlife
19.25management account in the natural resources
19.26fund for the purpose of nongame wildlife
19.27management. Notwithstanding Minnesota
19.28Statutes, section 290.431, $100,000 the first
19.29year and $100,000 the second year may be
19.30used for nongame information, education,
19.31and promotion.
19.32$1,612,000 the first year and $1,636,000
19.33the second year are from the heritage
19.34enhancement account in the game and
19.35fish fund for only the purposes specified
20.1in Minnesota Statutes, section 297A.94,
20.2paragraph (e), clause (1), on public lands.
20.3$2,765,000 in the first year and $3,985,000
20.4in the second year, of which $1,795,000 the
20.5first year and $1,795,000 the second year
20.6are from the invasive species account in the
20.7natural resources fund for law enforcement
20.8and water access inspection to prevent the
20.9spread of invasive species, grants to manage
20.10invasive plants in public waters, technical
20.11assistance to grant applicants for improving
20.12lake quality, and management of terrestrial
20.13invasive species on state-administered lands.
20.14Priority shall be given to preventing the
20.15spread of aquatic invertebrates. Of this
20.16amount, $250,000 the first year and $250,000
20.17the second year are for a zebra mussel pilot
20.18program. This is a onetime appropriation.
20.19An applicant for a grant to manage invasive
20.20plants in public waters must have a workable
20.21plan for improving water quality and
20.22reducing the need for additional treatment.
20.23Grants may not be made for chemicals that
20.24are likely endocrine disruptors. A plan to
20.25prevent the introduction of asian carp into
20.26Minnesota waters must be made available to
20.27the public by November 1, 2007.
20.28$125,000 the first year is to support
20.29a technical committee and for land
20.30management units that manage grass lands
20.31in order to develop plans to optimize native
20.32prairie seed harvest and replanting on
20.33state-owned lands. The work must use best
20.34management practices with an outcome of
20.35ensuring the survival of the native prairie
20.36remaining in Minnesota and to estimate the
21.1value of the seeds. Maximizing seed harvest
21.2may include allowing seed producers to keep
21.3a portion of the seed as compensation for
21.4supplying equipment and labor.
21.5The Department of Natural Resources
21.6in cooperation with the Department of
21.7Agriculture and the Board of Water and
21.8Soil Resources shall establish a technical
21.9advisory committee which has the expertise
21.10to develop (1) criteria to identify public
21.11and private marginal lands which could be
21.12used to produce native prairie seeds of a
21.13local ecotype or restore native prairies that
21.14could be used to produce clean energy, (2)
21.15guidelines for production that ensure high
21.16carbon sequestration, protection of wildlife
21.17and waters, and minimization of inputs and
21.18that do not compromise the survival of the
21.19native prairie remaining in Minnesota, and
21.20(3) recommendations for incentives that will
21.21result in the production of native prairie seeds
21.22of a local ecotype or restore native prairies.
21.23In addition to agency members, the advisory
21.24committee shall have one member from
21.25each of two farm organizations, one member
21.26from a sustainable farmer organization, one
21.27member each from three rural economic
21.28development organizations, one member
21.29each from three environmental organizations,
21.30and one member each from three wildlife or
21.31conservation organizations. The technical
21.32committee shall work with the NextGen
21.33Energy Board to develop a clean energy
21.34program. A report on outcomes from the
21.35technical committee is due December 15,
22.12007, to the legislative finance chairs on
22.2environment and natural resources.
22.3$50,000 in the first year is for the
22.4commissioner, in consultation with the
22.5Environmental Quality Board, to report to
22.6the house and senate committees having
22.7jurisdiction over environmental policy
22.8and finance by February 1, 2008, on the
22.9Mississippi River critical area program. The
22.10report shall include the status of critical
22.11area plans, zoning ordinances, the number
22.12and types of revisions anticipated, and the
22.13nature and number of variances sought. The
22.14report shall include recommendations that
22.15adequately protect and manage the aesthetic
22.16integrity and natural environment of the river
22.17corridor.
22.18$1,500,000 the first year and $1,500,000 the
22.19second year are to support the identification
22.20of impaired waters and develop plans to
22.21address those impairments, as required by the
22.22federal Clean Water Act. This is a onetime
22.23appropriation.
| 22.24 |
Subd. 9.Enforcement |
30,021,000 |
30,697,000 |
||||
| 22.25 |
Appropriations by Fund |
||
| 22.26 |
General |
3,336,000 |
3,392,000 |
| 22.27 |
Natural Resources |
7,163,000 |
7,320,000 |
| 22.28 |
Game and Fish |
19,422,000 |
19,885,000 |
| 22.29 |
Remediation |
100,000 |
100,000 |
22.31officer position to be stationed at Mississippi
22.32Headwaters State Forest to work with local
22.33jurisdictions, including Native American
22.34reservations, in enforcing state law along
22.35the Mississippi River from Lake Itasca
23.1downstream to Lake Bemidji and in the
23.2Bemidji region.
23.3$1,082,000 the first year and $1,082,000 the
23.4second year are from the water recreation
23.5account in the natural resources fund for
23.6grants to counties for boat and water safety.
23.7$100,000 the first year and $100,000 the
23.8second year are from the remediation fund
23.9for solid waste enforcement activities under
23.10Minnesota Statutes, section 116.073.
23.11$315,000 the first year and $315,000 the
23.12second year are from the snowmobile
23.13trails and enforcement account in the
23.14natural resources fund for grants to local
23.15law enforcement agencies for snowmobile
23.16enforcement activities.
23.17$1,164,000 the first year and $1,164,000
23.18the second year are from the heritage
23.19enhancement account in the game and
23.20fish fund for only the purposes specified
23.21in Minnesota Statutes, section 297A.94,
23.22paragraph (e), clause (1).
23.23$225,000 the first year and $225,000
23.24the second year are from the natural
23.25resources fund for grants to county law
23.26enforcement agencies for off-highway
23.27vehicle enforcement and public education
23.28activities based on off-highway vehicle use
23.29in the county. Of this amount, $213,000 each
23.30year is from the all-terrain vehicle account,
23.31$11,000 each year is from the off-highway
23.32motorcycle account, and $1,000 each year
23.33is from the off-road vehicle account. The
23.34county enforcement agencies may use
23.35money received under this appropriation
24.1to make grants to other local enforcement
24.2agencies within the county that have a high
24.3concentration of off-highway vehicle use. Of
24.4this appropriation, $25,000 each year is for
24.5administration of these grants.
24.6$15,000 the first year and $5,000 the second
24.7year are from the off-road vehicle account
24.8in the natural resources fund to establish
24.9the off-road vehicle environment and safety
24.10education and training program under
24.11Minnesota Statutes, section 84.8015.
24.12$50,000 the first year and $225,000 the
24.13second year are from the natural resources
24.14fund for grants to qualifying off-highway
24.15vehicle organizations to assist in safety and
24.16environmental education and monitoring
24.17trails on public lands. Of this appropriation,
24.18$25,000 each year is for administration of
24.19these grants.
24.20Overtime must be distributed to conservation
24.21officers at historical levels; however, a
24.22reasonable reduction or addition may be
24.23made to the officer's allocation, if justified,
24.24based on an individual officer's workload. If
24.25funding for enforcement is reduced because
24.26of an unallotment, the overtime bank may be
24.27reduced in proportion to reductions made in
24.28other areas of the budget.
| 24.29 |
Subd. 10.Operations Support |
3,794,000 |
3,775,000 |
||||
| 24.30 |
Appropriations by Fund |
||
| 24.31 |
General |
2,221,000 |
2,211,000 |
| 24.32 |
Natural Resources |
484,000 |
484,000 |
| 24.33 |
Game and Fish |
1,089,000 |
1,080,000 |
25.2fish fund for the study on the natural stands
25.3of wild rice required in article 2.
25.4$270,000 the first year and $270,000 the
25.5second year are from the natural resources
25.6fund for grants to be divided equally between
25.7the city of St. Paul for the Como Zoo
25.8and Conservatory and the city of Duluth
25.9for the Duluth Zoo. This appropriation
25.10is from the revenue deposited to the fund
25.11under Minnesota Statutes, section 297A.94,
25.12paragraph (e), clause (5).
25.13$55,000 in the first year and $7,000 in the
25.14second year are to be transferred to the
25.15Environmental Quality Board to fulfill the
25.16requirement of Minnesota Statutes, sections
25.17116C.92 and 116C.94.
| 25.18 25.19 |
Sec. 5. BOARD OF WATER AND SOIL RESOURCES |
$ |
22,369,000 |
$ |
22,728,000 |
||
25.21second year are for natural resources block
25.22grants to local governments. The board may
25.23reduce the amount of the natural resources
25.24block grant to a county by an amount equal to
25.25any reduction in the county's general services
25.26allocation to a soil and water conservation
25.27district from the county's previous year
25.28allocation when the board determines that
25.29the reduction was disproportionate. Grants
25.30must be matched with a combination of local
25.31cash or in-kind contributions. The base grant
25.32portion related to water planning must be
25.33matched by an amount that would be raised
25.34by a levy under Minnesota Statutes, section
25.35103B.3369.
26.1$3,566,000 the first year and $3,566,000
26.2the second year are for grants requested
26.3by soil and water conservation districts for
26.4general purposes, nonpoint engineering,
26.5and implementation of the reinvest in
26.6Minnesota conservation reserve program.
26.7Upon approval of the board, expenditures
26.8may be made from these appropriations for
26.9supplies and services benefiting soil and
26.10water conservation districts. Any district
26.11requesting a grant under this paragraph
26.12shall create and maintain a Web page that
26.13publishes, at a minimum, its annual plan,
26.14annual report, annual audit, and annual
26.15budget, including membership dues and
26.16meeting notices and minutes.
26.17$3,250,000 the first year and $3,250,000
26.18the second year are for grants to soil and
26.19water conservation districts for cost-sharing
26.20contracts for erosion control and water
26.21quality management. Of this amount, at least
26.22$1,200,000 the first year and $1,200,000 the
26.23second year are for grants for cost-sharing
26.24contracts to establish and maintain vegetation
26.25buffers of restored native prairie and restored
26.26prairie using seeds of a local ecotype region.
26.27$300,000 the first year and $300,000 the
26.28second year are available to begin county
26.29cooperative weed management programs
26.30on natural lands and private lands enrolled
26.31in state and federal conservation programs
26.32and to restore native plants in selected
26.33invasive species management sites by
26.34providing local native seeds and plants
26.35to landowners for implementation. This
26.36appropriation is available until expended. If
27.1the appropriation in either year is insufficient,
27.2the appropriation in the other year is available
27.3for it. Notwithstanding Minnesota Statutes,
27.4section 103C.501, any balance in the board's
27.5cost-share program that remains from the
27.6fiscal year 2007 appropriation is available
27.7in an amount up to $2,000 for a grant to
27.8the Faribault Soil and Water Conservation
27.9District to pay for erosion repair on the Blue
27.10Earth River, and up to $40,000 is available for
27.11grants to soil and water conservation districts
27.12for Web site development and reporting; and
27.13$100,000 in fiscal years 2008 and 2009 is
27.14for evaluating and reporting on performance,
27.15financial, and activity information of local
27.16water management entities as provided for in
27.17article 2, section 38.
27.18The board shall develop a forestry practice
27.19docket for cost-share money. The board shall
27.20develop standards or policies for cost-share
27.21practices for the following purposes: (1)
27.22establishment and maintenance of vegetated
27.23buffers of restored prairie or restored native
27.24prairie using seeds of a local ecotype;
27.25(2) establishment of cooperative weed
27.26management programs on private natural
27.27lands and lands enrolled in state and federal
27.28conservation programs and restoration of
27.29native plants in selected invasive species
27.30management sites by providing local native
27.31seeds and plants to landowners; and (3)
27.32establishment of soil and water conservation
27.33and ecological improvement practices on
27.34private forest lands.
27.35$100,000 the first year and $100,000 the
27.36second year are for a grant to the Red
28.1River Basin Commission to develop a Red
28.2River basin plan and to coordinate water
28.3management activities in the states and
28.4provinces bordering the Red River. The
28.5unencumbered balance in the first year does
28.6not cancel but is available for the second
28.7year.
28.8$5,450,000 the first year and $5,450,000 the
28.9second year are for implementation of the
28.10Clean Water Legacy Act as follows:
28.11(1) $1,500,000 each year is for targeted
28.12nonpoint restoration cost-share and incentive
28.13payments, of which up to $1,400,000 each
28.14year is available for grants. Of this amount,
28.15$250,000 each year must be contracted for
28.16services with the Minnesota Conservation
28.17Corps. The grant funds are available until
28.18expended;
28.19(2) $2,000,000 each year is for targeted
28.20nonpoint restoration and protection and
28.21technical, compliance, and engineering
28.22assistance activities, of which up to
28.23$1,325,000 the first year and $1,700,000
28.24the second year are available for grants, of
28.25which $225,000 the first year is to inventory
28.26wetland mitigation opportunities and water
28.27quality and watershed improvement projects
28.28in a greater than 80 percent area and of
28.29which $150,000 the first year is to conduct a
28.30regionwide wetland mitigation siting analysis
28.31for greater than 80 percent areas. The
28.32$225,000 amount shall include an inventory
28.33of the wetland and water resources that have
28.34been developed on former mine lands and
28.35an analysis of the functions and values of
29.1those wetland and water resources. This is a
29.2onetime appropriation and is available until
29.3June 30, 2009. The $150,000 amount for
29.4analysis shall (i) evaluate wetland mitigation
29.5opportunities in each watershed and wetland
29.6bank service area, (ii) develop goals for
29.7maintaining water quality in the greater than
29.880 percent areas, and (iii) identify wetland
29.9mitigation opportunities in other regions with
29.10a greater loss of wetlands or with impaired
29.11waters. This is a onetime appropriation and
29.12is available until June 30, 2009. A report on
29.13the analysis outcomes shall be given to the
29.14house and senate chairs of the environment
29.15and natural resources policy and finance
29.16committees by January 15, 2009;
29.17(3) $200,000 each year is for reporting
29.18and evaluating applied soil and water
29.19conservation practices;
29.20(4) $1,000,000 each year is for grants
29.21to implement county individual sewage
29.22treatment system programs. Of this
29.23amount, after a county has complied with
29.24requirements to adopt ordinances pursuant
29.25to Minnesota Statutes, section 115.55,
29.26subdivision 2, the county may request grants
29.27of up to $60,000 the first year and $60,000
29.28the second year to inventory properties with
29.29individual sewage treatment systems that
29.30are an imminent threat to public health or
29.31safety due to water discharges of untreated
29.32sewage, and require compliance under an
29.33applicable ordinance. The grant amount
29.34shall be proportional to the number of
29.35properties expected to be inventoried. Each
29.36county receiving an appropriation under
30.1this paragraph shall report the number of
30.2inspections and the number determined to be
30.3an imminent threat to public health or safety
30.4to the Pollution Control Agency by February
30.51 of each year;
30.6(5) $650,000 each year is for feedlot water
30.7quality grants for feedlots under 300 animal
30.8units where there are impaired waters; and
30.9(6) $100,000 each year is to the Minnesota
30.10River Basin Joint Powers Board, also known
30.11as the Minnesota River Board, for operating
30.12expenses to measure and report the results of
30.13projects in the 12 major watersheds within
30.14the Minnesota River basin.
30.15If the appropriations in clauses (1) to (6) in
30.16either year are insufficient, the appropriation
30.17in the other year is available for it. All of
30.18the money appropriated in clauses (1) to
30.19(6) as grants to local governments shall be
30.20administered through the Board of Water
30.21and Soil Resources' local water resources
30.22protection and management program under
30.23Minnesota Statutes, section 103B.3369.
30.24$140,000 the first year and $140,000
30.25the second year are for a grant to Area
30.26II, Minnesota River Basin Projects,
30.27for floodplain management, including
30.28administration of programs.
30.29$1,120,000 the first year and $1,060,000 the
30.30second year may be spent for the following
30.31purposes to support implementation of the
30.32Wetland Conservation Act: $500,000 each
30.33year is to make grants to local units of
30.34governments to improve response to major
30.35wetland violations; $500,000 each year is for
31.1staffing to provide adequate state oversight
31.2and technical support to local governments
31.3administering the Wetland Conservation Act;
31.4$60,000 each year is for staff to monitor and
31.5enforce wetland replacement and wetland
31.6bank sites; and $60,000 the first year is
31.7for rulemaking required by changes to the
31.8Wetland Conservation Act.
31.9$450,000 the first year and $800,000
31.10the second year are to implement
31.11recommendations of the Drainage Work
31.12Group to enhance public drainage and
31.13modernization as follows: $150,000 the first
31.14year is to develop guidelines for drainage
31.15records preservation and modernization;
31.16$500,000 the second year is for cost-share
31.17grants to local governments for public
31.18drainage records modernization; and
31.19$300,000 each year is to provide assistance
31.20to local drainage management officials, to
31.21facilitate the work of the Drainage Work
31.22Group, to staff a drainage assistance team,
31.23and to update the Minnesota Public Drainage
31.24Manual. All of the money appropriated in
31.25this paragraph as grants to local governments
31.26shall be administered through the Board
31.27of Water and Soil Resources' local water
31.28resources protection and management
31.29program under Minnesota Statutes, section
31.30103B.3369.
31.31In addition to other authorities, the Board
31.32of Water and Soil Resources may reduce,
31.33withhold, or redirect grants and other funding
31.34if the local water management entity has
31.35not corrected deficiencies as prescribed in a
32.1notice from the board within one year from
32.2the date of the notice.
| 32.3 |
Sec. 6. METROPOLITAN COUNCIL |
$ |
8,620,000 |
$ |
8,620,000 |
||
| 32.4 |
Appropriations by Fund |
||
| 32.5 |
2008 |
2009 |
|
| 32.6 |
General |
4,050,000 |
4,050,000 |
| 32.7 |
Natural Resources |
4,570,000 |
4,570,000 |
32.9the second year are for metropolitan parks
32.10operations.
32.11$4,570,000 the first year and $4,570,000 the
32.12second year are from the natural resources
32.13fund for metropolitan area regional parks
32.14and trails maintenance and operations. This
32.15appropriation is from the revenue deposited
32.16in the natural resources fund under Minnesota
32.17Statutes, section 297A.94, paragraph (e),
32.18clause (3).
| 32.19 32.20 |
Sec. 7. MINNESOTA CONSERVATION CORPS |
$ |
840,000 |
$ |
840,000 |
||
| 32.21 |
Appropriations by Fund |
||
| 32.22 |
2008 |
2009 |
|
| 32.23 |
General |
350,000 |
350,000 |
| 32.24 |
Natural Resources |
490,000 |
490,000 |
32.26receive money appropriated from the
32.27natural resources fund under this section
32.28only as provided in an agreement with the
32.29commissioner of natural resources.
32.32 Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to
32.33read:
33.1 Subd. 35. Public official. "Public official" means any:
33.2 (1) member of the legislature;
33.3 (2) individual employed by the legislature as secretary of the senate, legislative
33.4auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
33.5attorney in the Office of Senate Counsel and Research or House Research;
33.6 (3) constitutional officer in the executive branch and the officer's chief administrative
33.7deputy;
33.8 (4) solicitor general or deputy, assistant, or special assistant attorney general;
33.9 (5) commissioner, deputy commissioner, or assistant commissioner of any state
33.10department or agency as listed in section
33.11officer;
33.12 (6) member, chief administrative officer, or deputy chief administrative officer of a
33.13state board or commission that has either the power to adopt, amend, or repeal rules under
33.14chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
33.15 (7) individual employed in the executive branch who is authorized to adopt, amend,
33.16or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
33.17 (8) executive director of the State Board of Investment;
33.18 (9) deputy of any official listed in clauses (7) and (8);
33.19 (10) judge of the Workers' Compensation Court of Appeals;
33.20 (11) administrative law judge or compensation judge in the State Office of
33.21Administrative Hearings or referee in the Department of Employment and Economic
33.22Development;
33.23 (12) member, regional administrator, division director, general counsel, or operations
33.24manager of the Metropolitan Council;
33.25 (13) member or chief administrator of a metropolitan agency;
33.26 (14) director of the Division of Alcohol and Gambling Enforcement in the
33.27Department of Public Safety;
33.28 (15) member or executive director of the Higher Education Facilities Authority;
33.29 (16) member of the board of directors or president of Minnesota Technology, Inc.;
33.30 (17) member of the board of directors or executive director of the Minnesota State
33.31High School League;
33.32 (18) member of the Minnesota Ballpark Authority established in section 473.755;
33.33 (19) citizen member of the Legislative-Citizen Commission on Minnesota
33.34Resources
33.35 (20) manager of a watershed district or member of a watershed management
33.36organization; or
34.1 (21) supervisor of a soil and water conservation district.
34.2 Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:
34.3 Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon
34.4the agency's receipt of a written request containing all information required by law or by
34.5a previously adopted rule, ordinance, or policy of the agency, including the applicable
34.6application fee. If an agency receives a written request that does not contain all required
34.7information, the 60-day limit starts over only if the agency sends written notice within 15
34.8business days of receipt of the request telling the requester what information is missing.
34.9 (b) If a request relating to zoning, septic systems, watershed district review, soil and
34.10water conservation district review, or expansion of the metropolitan urban service area
34.11requires the approval of more than one state agency in the executive branch, the 60-day
34.12period in subdivision 2 begins to run for all executive branch agencies on the day a request
34.13containing all required information is received by one state agency. The agency receiving
34.14the request must forward copies to other state agencies whose approval is required.
34.15 (c) An agency response, including an approval with conditions, meets the 60-day
34.16time limit if the agency can document that the response was sent within 60 days of receipt
34.17of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
34.18or rescind the approval by the agency and will not give rise to a claim that the 60-day
34.19limit was not met.
34.20 (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
34.21order requires a process to occur before the agency acts on the request, and the time
34.22periods prescribed in the state statute, federal law, or court order make it impossible to
34.23act on the request within 60 days. In cases described in this paragraph, the deadline is
34.24extended to 60 days after completion of the last process required in the applicable statute,
34.25law, or order. Final approval of an agency receiving a request is not considered a process
34.26for purposes of this paragraph.
34.27 (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
34.28agency requires prior approval of a federal agency; or (2) an application submitted to
34.29a city, county, town, school district, metropolitan or regional entity, or other political
34.30subdivision requires prior approval of a state or federal agency. In cases described in
34.31this paragraph, the deadline for agency action is extended to 60 days after the required
34.32prior approval is granted.
34.33 (f) An agency may extend the time limit in subdivision 2 before the end of the
34.34initial 60-day period by providing written notice of the extension to the applicant. The
35.1notification must state the reasons for the extension and its anticipated length, which may
35.2not exceed 60 days unless approved by the applicant.
35.3 (g) An applicant may by written notice to the agency request an extension of the
35.4time limit under this section.
35.5EFFECTIVE DATE.This section is effective the day following final enactment.
35.6 Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
35.7 Subd. 1a. Revenues. The following revenues must be deposited in the
35.8environmental fund:
35.9 (1) all revenue from the motor vehicle transfer fee imposed under section
35.10 (2) all fees collected under section
35.11 (3) all money collected by the Pollution Control Agency in enforcement matters
35.12as provided in section
35.13 (4) all revenues from license fees for individual sewage treatment systems under
35.14section
35.15 (5) all loan repayments deposited under section
35.16 (6) all revenue from pollution prevention fees imposed under section
35.17 (7) all loan repayments deposited under section
35.18 (8) all fees collected under section
35.19 (9) revenue collected from the solid waste management tax pursuant to chapter 297H;
35.20 (10) fees collected under section
35.21 (11) interest accrued on the fund; and
35.22 (12) money received in the form of gifts, grants, reimbursement, or appropriation
35.23from any source for any of the purposes provided in subdivision 2, except federal grants.
35.24 Sec. 4. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.
35.25 Subdivision 1. Reimbursement. A meat processor holding a license under chapter
35.2628A may apply to the commissioner of agriculture for reimbursement of $70 towards the
35.27cost of processing a deer donated according to subdivision 1. The meat processor shall
35.28deliver the deer, processed into cuts or ground meat, to a charitable organization that is
35.29registered under chapter 309 and with the commissioner of agriculture and that operates
35.30a food assistance program. To request reimbursement, the processor shall submit an
35.31application, on a form prescribed by the commissioner of agriculture, the tag number
35.32under which the deer was taken, and a receipt for the deer from the charitable organization.
35.33 Subd. 2. Distribution. (a) The commissioner of agriculture shall ensure the
35.34equitable statewide distribution of processed deer by requiring the charitable organization
36.1to allocate and distribute processed deer according to the allocation formula used in the
36.2distribution of United States Department of Agriculture commodities under the federal
36.3emergency food assistance program. The charitable organization must submit quarterly
36.4reports to the commissioner on forms prescribed by the commissioner. The reports must
36.5include, but are not limited to, information on the amount of processed deer received and
36.6the organizations to which the meat was distributed.
36.7 (b) The commissioner of agriculture may adopt rules to implement this section.
36.8 Sec. 5. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:
36.9 Subdivision 1. License required. (a) A person or entity may not operate an aquatic
36.10farm without first obtaining an aquatic farm license from the commissioner.
36.11 (b) Applications for an aquatic farm license must be made on forms provided by
36.12the commissioner.
36.13 (c) Licenses are valid for five years and are transferable upon notification to the
36.14commissioner.
36.15 (d) The commissioner shall issue an aquatic farm license on payment of the required
36.16license fee under section
36.17 (e) A license issued by the commissioner is not a determination of private property
36.18rights, but is only based on a determination that the licensee does not have a significant
36.19detrimental impact on the public resource.
36.20 (f) The commissioner shall not issue or renew a license to raise minnows in a natural
36.21water body if the natural water body is the subject of a protective easement or other
36.22interest in land that was acquired with funding from federal waterfowl stamp proceeds
36.23or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the
36.24natural water body was the subject of any other development, restoration, maintenance, or
36.25preservation project funded under section 97A.075, subdivision 2.
36.26EFFECTIVE DATE.This section is effective July 1, 2008.
36.27 Sec. 6. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:
36.28 Subd. 9. Professional services support account. The commissioner of natural
36.29resources may bill the various programs carried out by the commissioner for the costs of
36.30providing them with professional support services. Except as provided under section
36.3189.421, receipts must be credited to a special account in the state treasury and are
36.32appropriated to the commissioner to pay the costs for which the billings were made.
36.33 The commissioner of natural resources shall submit to the commissioner of finance
36.34before the start of each fiscal year a work plan showing the estimated work to be done
37.1during the coming year, the estimated cost of doing the work, and the positions and fees
37.2that will be necessary. This account is exempted from statewide and agency indirect
37.3cost payments.
37.4 Sec. 7. [84.02] DEFINITIONS.
37.5 Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this
37.6section shall have the meanings given them.
37.7 Subd. 2. Best management practice for native prairie restoration. "Best
37.8management practice for native prairie restoration" means using seeds collected from a
37.9native prairie within the same county or within 25 miles of the county's border, but not
37.10across the boundary of an ecotype region.
37.11 Subd. 3. Created grassland. "Created grassland" means a restoration using seeds
37.12or plants with origins outside of the state of Minnesota.
37.13 Subd. 4. Ecotype region. "Ecotype region" means the following ecological
37.14subsections and counties based on the Department of Natural Resources map, "County
37.15Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.
37.36 Subd. 5. Native prairie. "Native prairie" means land that has never been plowed
37.37where native prairie vegetation originating from the site currently predominates or, if
37.38disturbed, is predominantly covered with native prairie vegetation that originated from the
37.39site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
38.1has predominantly native vegetation originating from the site and conservation practices
38.2have maintained biological diversity.
38.3 Subd. 6. Native prairie species of a local ecotype. "Native prairie species of a local
38.4ecotype" means a genetically differentiated population of a species that has at least one
38.5trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
38.6to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
38.7microorganisms, growing season length, climate, hydrology, and soil.
38.8 Subd. 7. Restored native prairie. "Restored native prairie" means a restoration
38.9using at least 25 representative and biologically diverse native prairie plant species of a
38.10local ecotype originating in the same county as the restoration site or within 25 miles of
38.11the county's border, but not across the boundary of an ecotype region.
38.12 Subd. 8. Restored prairie. "Restored prairie" means a restoration using at least
38.1325 representative and biologically diverse native prairie plant species originating from
38.14the same ecotype region in which the restoration occurs.
38.15 Sec. 8. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:
38.16 Subdivision 1. Contracts. The commissioner of natural resources is authorized
38.17to enter into contractual agreements with any public or private entity for the provision
38.18of statutorily prescribed natural resources services by the department. The contracts
38.19shall specify the services to be provided. Except as provided under section 89.421, funds
38.20generated in a contractual agreement made pursuant to this section shall be deposited in
38.21the special revenue fund and are appropriated to the department for purposes of providing
38.22the services specified in the contracts. The commissioner shall report revenues collected
38.23and expenditures made under this subdivision to the chairs of the Committees on Ways and
38.24Means in the house and Finance in the senate by January 1 of each odd-numbered year.
38.25 Sec. 9. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
38.26to read:
38.27 Subd. 5. Easement information. Parties to an easement purchased under the
38.28authority of the commissioner must:
38.29 (1) specify in the easement all provisions that are perpetual in nature;
38.30 (2) file the easement with the county recorder or registrar of titles in the county
38.31in which the land is located; and
38.32 (3) submit an electronic copy of the easement to the commissioner.
38.33 Sec. 10. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:
39.1 Subdivision 1. Sales authorized; gift certificates. The commissioner may
39.2sell natural resources-related publications and maps; forest resource assessment
39.3products; federal migratory waterfowl, junior duck, and other federal stamps; and other
39.4nature-related merchandise, and may rent or sell items for the convenience of persons using
39.5Department of Natural Resources facilities or services. The commissioner may sell gift
39.6certificates for any items rented or sold. Notwithstanding section
39.7by the commissioner under this section may include a reasonable amount in excess of the
39.8actual cost to support Department of Natural Resources programs. The commissioner may
39.9advertise the availability of a program or item offered under this section.
39.10 Sec. 11. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:
39.11 Subd. 2. Receipts; appropriation. Except as provided under section 89.421,
39.12money received by the commissioner under this section or to buy supplies for the use of
39.13volunteers, may be credited to one or more special accounts in the state treasury and is
39.14appropriated to the commissioner for the purposes for which the money was received.
39.15Money received from sales at the state fair shall be available for state fair related costs.
39.16Money received from sales of intellectual property and software products or services shall
39.17be available for development, maintenance, and support of software products and systems.
39.18 Sec. 12. Minnesota Statutes 2006, section 84.780, is amended to read:
39.1984.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
39.20 (a) The off-highway vehicle damage account is created in the natural resources fund.
39.21Money in the off-highway vehicle damage account is appropriated to the commissioner
39.22of natural resources for the repair or restoration of property damaged by the operation of
39.23off-highway vehicles in an
39.24of administration for this section. Before the commissioner may make a payment from
39.25this account, the commissioner must determine whether the damage to the property was
39.26caused by the
39.27reasonable efforts to identify the responsible individual and obtain payment from the
39.28individual, and that the applicant has made reasonable efforts to prevent reoccurrence.
39.29
39.30
39.31
39.32
39.33
40.1 (b) Determinations of the commissioner under this section may be made by written
40.2order and are exempt from the rulemaking provisions of chapter 14. Section
40.3does not apply.
40.4 (c)
40.5 Sec. 13. [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.
40.6 Notwithstanding any provision of sections 84.797 to 84.805 or other law to the
40.7contrary, the commissioner shall not permit land administered by the commissioner in
40.8Beltrami, Cass, Crow Wing, and Hubbard Counties to be used or developed for trails
40.9primarily for off-road vehicles as defined in section 84.797, subdivision 7, except:
40.10 (1) upon approval by the legislature; or
40.11 (2) in designated off-road vehicle use areas.
40.12EFFECTIVE DATE.This section is effective the day following final enactment.
40.13 Sec. 14. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
40.14PROGRAM.
40.15 Subdivision 1. Creation. The commissioner of natural resources shall establish
40.16a program to promote the safe and responsible operation of off-highway vehicles in a
40.17manner that does not harm the environment. The commissioner shall coordinate the
40.18program through the regional offices of the Department of Natural Resources.
40.19 Subd. 2. Purpose. The purpose of the program is to encourage off-highway vehicle
40.20clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on
40.21state forest land and other public lands.
40.22 Subd. 3. Agreements. (a) The commissioner shall enter into informal agreements
40.23with off-highway vehicle clubs for volunteer services to maintain, make improvements to,
40.24and monitor trails on state forest land and other public lands. The off-highway vehicle
40.25clubs shall promote the operation of off-highway vehicles in a safe and responsible manner
40.26that complies with the laws and rules that relate to the operation of off-highway vehicles.
40.27 (b) The off-highway vehicle clubs may provide assistance to the department in
40.28locating, recruiting, and training instructors for off-highway vehicle training programs.
40.29 (c) The commissioner may provide assistance to enhance the comfort and safety
40.30of volunteers and to facilitate the implementation and administration of the safety and
40.31conservation program.
40.32 Subd. 4. Worker displacement prohibited. The commissioner may not enter into
40.33any agreement that has the purpose of or results in the displacement of public employees
40.34by volunteers participating in the off-highway safety and conservation program under
41.1this section. The commissioner must certify to the appropriate bargaining agent that the
41.2work performed by a volunteer will not result in the displacement of currently employed
41.3workers or workers on seasonal layoff or layoff from a substantially equivalent position,
41.4including partial displacement such as reduction in hours of nonovertime work, wages, or
41.5other employment benefits.
41.6 Sec. 15. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:
41.7 Subd. 2. Purposes. Subject to appropriation by the legislature, money in the
41.8all-terrain vehicle account may only be spent for:
41.9 (1) the education and training program under section
41.10 (2) administration, enforcement, and implementation of sections
41.11 (3) acquisition, maintenance, and development of vehicle trails and use areas;
41.12 (4) grant-in-aid programs to counties and municipalities to construct and maintain
41.13all-terrain vehicle trails and use areas;
41.14 (5) grants-in-aid to local safety programs;
41.15 (6) enforcement and public education grants to local law enforcement agencies
41.16 (7) maintenance of minimum-maintenance forest roads according to section 89.71,
41.17subdivision 5, and county forest roads within state forest boundaries as defined under
41.18section 89.021.
41.19 The distribution of funds made available through grant-in-aid programs must be
41.20guided by the statewide comprehensive outdoor recreation plan.
41.21 Sec. 16. Minnesota Statutes 2006, section 84.963, is amended to read:
41.2284.963 PRAIRIE PLANT SEED PRODUCTION AREAS.
41.23 (a) The commissioner of natural resources shall study the feasibility of establishing
41.24private or public prairie plant seed production areas within prairie land locations. If
41.25prairie plant seed production is feasible, the commissioner may aid the establishment of
41.26production areas. The commissioner may enter cost-share or sharecrop agreements with
41.27landowners having easements for conservation purposes of ten or more years on their land
41.28to commercially produce prairie plant seed of Minnesota origin. The commissioner may
41.29only aid prairie plant seed production areas on agricultural land used to produce crops
41.30before December 23, 1985, and cropped three out of five years between 1981 and 1985.
41.31 (b) The commissioner shall compile, prepare, and electronically disseminate to
41.32the public prairie establishment guidance materials and resources. The resources must
41.33provide information and guidance on project planning, seed selection including ecotype
41.34and species mix, site preparation, seeding, maintenance, and technical service providers.
42.1The commissioner shall use actual prairie restoration projects under development on
42.2state-owned land to illustrate and demonstrate the practices described.
42.3 Sec. 17. Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision
42.4to read:
42.5 Subd. 7. Contracts for services for emergency invasive species prevention work;
42.6commissions to persons employed. The commissioner may contract for or accept the
42.7services of any persons whose aid is available, temporarily or otherwise, in emergency
42.8invasive species prevention work, either gratuitously or for compensation not in excess of
42.9the limits provided by law with respect to the employment of labor by the commissioner.
42.10The commissioner may issue a commission, or other written evidence of authority, to any
42.11person whose services are so arranged for and may thereby empower the person to act,
42.12temporarily or otherwise, in any other capacity, with powers and duties as may be specified
42.13in the commission or other written evidence of authority, but not in excess of the powers
42.14conferred by law. The commissioner of agriculture, under authority provided by law, shall
42.15cooperate with the commissioner in emergency control of invasive species prevention.
42.16 Sec. 18. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:
42.17 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
42.18license suspension is effective 30 days after issuance of the civil citation. A civil penalty
42.19collected under this section is payable to the commissioner and must be credited to the
42.20
42.21 Sec. 19. [84D.15] INVASIVE SPECIES ACCOUNT.
42.22 Subdivision 1. Creation. The invasive species account is created in the state
42.23treasury in the natural resources fund.
42.24 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
42.25section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
42.26in the invasive species account. Each year, the commissioner of finance shall transfer from
42.27the game and fish fund to the invasive species account, the annual surcharge collected on
42.28nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).
42.29 Subd. 3. Use of money in account. Money credited to the invasive species account
42.30in subdivision 2 shall be used for management of invasive species and implementation of
42.31this chapter as it pertains to invasive species, including control, public awareness, law
42.32enforcement, assessment and monitoring, management planning, and research.
43.1 Sec. 20. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
43.2CITIZENS ADVISORY COUNCIL.
43.3 Subdivision 1. Advisory council created. The Cuyuna Country State Recreation
43.4Area Citizens Advisory Council is established. Membership on the advisory council
43.5shall include:
43.6 (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
43.7Board;
43.8 (2) a representative of the Croft Mine Historical Park Joint Powers Board;
43.9 (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
43.10worked as a miner in the local area;
43.11 (4) a representative of the Crow Wing County Board;
43.12 (5) an elected state official;
43.13 (6) a representative of the Grand Rapids regional office of the Department of Natural
43.14Resources;
43.15 (7) a designee of the Iron Range Resources and Rehabilitation Board;
43.16 (8) a designee of the local business community selected by the area chambers of
43.17commerce;
43.18 (9) a designee of the local environmental community selected by the Crow Wing
43.19County District 5 commissioner;
43.20 (10) a designee of a local education organization selected by the Crosby-Ironton
43.21School Board;
43.22 (11) a designee of one of the recreation area user groups selected by the Cuyuna
43.23Range Chamber of Commerce; and
43.24 (12) a member of the Cuyuna Country Heritage Preservation Society.
43.25 Subd. 2. Administration. (a) The advisory council must meet at least four times
43.26annually. The council shall elect a chair and meetings shall be at the call of the chair.
43.27 (b) Members of the advisory council shall serve as volunteers for two-year terms
43.28with the ability to be reappointed. Members shall accept no per diem.
43.29 (c) The state recreation area manager may attend the council meetings and advise
43.30the council of issues in management of the recreation area.
43.31 (d) Before a major decision is implemented in the Cuyuna Country State Recreation
43.32Area, the area manager must consult with the council and take into consideration any
43.33council comments or advice that may impact the major decision.
43.34 Sec. 21. Minnesota Statutes 2006, section 85.054, subdivision 12, is amended to read:
44.1 Subd. 12. Soudan Underground Mine State Park. A state park permit is not
44.2required and a fee may not be charged for motor vehicle entry
44.3parking area of Soudan Underground Mine State Park, or for tours of the High Energy
44.4Physics Lab by supervised kindergarten through grade 12 school classes during the school
44.5year.
44.6 Sec. 22. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
44.7to read:
44.8 Subd. 13. Cuyuna Country State Recreation Area. A state park permit is not
44.9required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
44.10Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
44.11Area, except for overnight camping.
44.12 Sec. 23. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:
44.13 Subd. 2. Money deposited in account. The following shall be deposited in the state
44.14treasury and credited to the water recreation account:
44.15 (1) fees
44.16 (2) fines, installment payments, and forfeited bail according to section
44.17subdivision 2
44.18 (3)
44.19
44.20state-assisted small craft harbors and mooring facilities according to section
44.21
44.23
44.24rice under section
44.25 Sec. 24. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:
44.26 Subd. 2. Receipts to
44.27subdivision 1 shall be credited to
44.28the special revenue fund and are annually appropriated to the commissioner to recoup the
44.29costs of developing, operating, and maintaining facilities necessary for the specified uses
44.30in subdivision 1 or to prevent or mitigate resource impacts of those uses.
44.31EFFECTIVE DATE.This section is effective July 1, 2007, and applies to fees
44.32collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
44.331, 2006.
45.1 Sec. 25. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
45.2SERVICES ACCOUNT.
45.3 Subdivision 1. Creation. The forest resource assessment products and services
45.4account is created in the state treasury in the natural resources fund.
45.5 Subd. 2. Receipts. Money received from forest resource assessment product sales
45.6and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
45.7and 84.0855 shall be credited to the forest resource assessment products and services
45.8account. Forest resource assessment products and services include the sale of aerial
45.9photography, remote sensing, and satellite imagery products and services.
45.10 Subd. 3. Use of money in account. Money credited to the forest resource
45.11assessment products and services account under subdivision 2 is annually appropriated to
45.12the commissioner and shall be used to maintain the staff and facilities producing the aerial
45.13photography, remote sensing, and satellite imagery products and services.
45.14 Sec. 26. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
45.15 Subdivision 1. Grants. The commissioner may make grants to aid in the control of
45.16a shade tree pest. To be eligible, a grantee must have a pest control program approved
45.17by the commissioner that:
45.18 (1) defines tree ownership and who is responsible for the costs associated with
45.19control measures;
45.20 (2) defines the zone of infestation within which the control measures are to be
45.21applied;
45.22 (3) includes a tree inspector certified under section 89.63 and having the authority to
45.23enter and inspect private lands;
45.24 (4) has the means to enforce measures needed to limit the spread of shade tree
45.25pests; and
45.26 (5) provides that grant money received will be deposited in a separate fund to be
45.27spent only for the purposes authorized by this section.
45.28 Subd. 2. Grant eligibility. The following are eligible for grants under this section:
45.29 (1) a home rule charter or statutory city or a town that exercises municipal powers
45.30under section 368.01 or any general or special law;
45.31 (2) a special park district organized under chapter 398;
45.32 (3) a special-purpose park and recreation board;
45.33 (4) a soil and water conservation district;
45.34 (5) a county; or
46.1 (6) any other organization with the legal authority to enter into contractual
46.2agreements.
46.3 Subd. 3. Rules; applicability to municipalities. The rules and procedures adopted
46.4under this section by the commissioner apply in a municipality unless the municipality
46.5adopts an ordinance determined by the commissioner to be more stringent than the rules
46.6and procedures of the commissioner. The rules and procedures of the commissioner or
46.7the municipality apply to all state agencies, special purpose districts, and metropolitan
46.8commissions as defined in section 473.121, subdivision 5a, that own or control land
46.9adjacent to or within a zone of infestation.
46.10 Sec. 27. Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision
46.11to read:
46.12 Subd. 4. Change of security. Prior to any harvest activity, or activities incidental
46.13to the preparation for harvest, a purchaser having posted a bond for 100 percent of the
46.14purchase price of a sale may request the release of the bond and the commissioner
46.15shall grant such release upon cash payment to the commissioner of the down payment
46.16requirement of the sale, plus interest.
46.17 Sec. 28. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:
46.18 Subdivision 1. Generally. (a) All payments under sections
46.19be made to the Department of Natural Resources and shall be credited according to this
46.20section.
46.21
46.22
46.23
46.24
46.25
46.26
46.27
46.28
46.29
46.30
46.31
46.32
47.1
47.2
47.3
47.4 (b) Twenty percent of all payments under sections
47.5credited to the minerals management account in the natural resources fund as costs for
47.6the administration and management of state mineral resources by the commissioner of
47.7natural resources.
47.8 (c) The remainder of the payments shall be credited as follows:
47.9 (1) if the lands or minerals and mineral rights covered by a lease are held by the state
47.10by virtue of an act of Congress, payments made under the lease shall be credited to the
47.11permanent fund of the class of land to which the leased premises belong;
47.12 (2) if a lease covers the bed of navigable waters, payments made under the lease
47.13shall be credited to the permanent school fund of the state;
47.14 (3) if the lands or minerals and mineral rights covered by a lease are held by the state
47.15in trust for the taxing districts, payments made under the lease shall be distributed annually
47.16on the first day of September to the respective counties in which the lands lie, to be
47.17apportioned among the taxing districts interested therein as follows: county, three-ninths;
47.18town or city, two-ninths; and school district, four-ninths;
47.19 (4) if the lands or mineral rights covered by a lease became the absolute property of
47.20the state under the provisions of chapter 84A, payments made under the lease shall be
47.21distributed as follows: county containing the land from which the income was derived,
47.22five-eighths; and general fund of the state, three-eighths; and
47.23 (5) except as provided under this section and except where the disposition of
47.24payments may be otherwise directed by law, payments made under a lease shall be paid
47.25into the general fund of the state.
47.26 Sec. 29. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:
47.27 Subd. 4. Game and fish annual reports. (a) By December 15 each year,
47.28the commissioner shall submit to the legislative committees having jurisdiction over
47.29appropriations and the environment and natural resources reports on each of the following:
47.30 (1) the amount of revenue from the following and purposes for which expenditures
47.31were made:
47.32 (i) the small game license surcharge under section
47.33 (ii) the Minnesota migratory waterfowl stamp under section
47.345
47.35 (iii) the trout and salmon stamp under section
48.1 (iv) the pheasant stamp under section
48.2 (v) the turkey stamp under section
48.3 (vi) the deer license surcharge under section 97A.475, subdivision 3a;
48.4 (2) the amounts available under section
48.5(c), and the purposes for which these amounts were spent;
48.6 (3) money credited to the game and fish fund under this section and purposes for
48.7which expenditures were made from the fund;
48.8 (4) outcome goals for the expenditures from the game and fish fund; and
48.9 (5) summary and comments of citizen oversight committee reviews under
48.10subdivision 4b.
48.11 (b) The report must include the commissioner's recommendations, if any, for
48.12changes in the laws relating to the stamps and surcharge referenced in paragraph (a).
48.13 Sec. 30. Minnesota Statutes 2006, section 97A.065, is amended by adding a
48.14subdivision to read:
48.15 Subd. 6. Deer license surcharge. The surcharge collected under section 97A.475,
48.16subdivision 3a, shall be deposited in a special revenue account and is appropriated to
48.17the commissioner for deer management, including for grants or payments to agencies,
48.18organizations, or individuals for assisting with the cost of processing deer taken for
48.19population management purposes for venison donation programs. None of the additional
48.20license fees shall be transferred to any other agency for administration of programs other
48.21than venison donation. If any money transferred by the commissioner is not used for a
48.22venison donation program, it shall be returned to the commissioner.
48.23 Sec. 31. Minnesota Statutes 2006, section 97A.133, is amended by adding a
48.24subdivision to read:
48.25 Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.
48.26 Sec. 32. Minnesota Statutes 2006, section 97A.475, is amended by adding a
48.27subdivision to read:
48.28 Subd. 3a. Deer license surcharge. Fees for annual resident and nonresident licenses
48.29to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9),
48.30and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except
48.31as provided under section 97A.065, subdivision 6. An additional commission may not
48.32be assessed on the surcharge and the following statement must be included in the annual
48.33deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer
49.1management, including assisting with the costs of processing deer donated for charitable
49.2purposes."
49.3 Sec. 33. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:
49.4 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
49.5to nonresidents, are:
49.6 (1) to take fish by angling, $34;
49.7 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
49.8$24;
49.9 (3) to take fish by angling for a 72-hour period selected by the licensee, $20;
49.10 (4) to take fish by angling for a combined license for a family for one or both parents
49.11and dependent children under the age of 16, $46;
49.12 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
49.13 (6) to take fish by angling for a combined license for a married couple, limited to
49.1414 consecutive days selected by one of the licensees, $35.
49.15 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
49.16issued under paragraph (a), clause (5). An additional commission may not be assessed
49.17on this surcharge.
49.18EFFECTIVE DATE.This section is effective March 1, 2008.
49.19 Sec. 34. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:
49.20 Subd. 7. Electronic licensing system commission. The commissioner shall retain
49.21for the operation of the electronic licensing system the commission established under
49.22section
49.23license fees collected, excluding:
49.24 (1) the small game surcharge;
49.25 (2) the deer license surcharge; and
49.26 (3) $2.50 of the license fee for the licenses in section
49.27clauses (1)
49.28 Sec. 35. [97B.303] VENISON DONATIONS.
49.29 An individual who legally takes a deer may donate the deer, for distribution to
49.30charitable food assistance programs, to a meat processor that is licensed under chapter
49.3128A. An individual donating a deer must supply the processor with the tag number under
49.32which the deer was taken.
50.1 Sec. 36. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
50.2 Subd. 3. Contests requiring a permit. (a) A person must have a permit from the
50.3commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
50.4
50.5that recovers the costs of issuing the permit and of monitoring the activities allowed by
50.6the permit. Receipts collected from this fee shall be credited to the game and fish fund.
50.7Notwithstanding section 16A.1283, the commissioner may, by written order published in
50.8the State Register, establish contest permit fees. The fees are not subject to the rulemaking
50.9provisions of chapter 14 and section 14.386 does not apply.
50.10 (b) If entry fees are over $25 per person, or total prizes are valued at more than
50.11$25,000, and if the applicant has either:
50.12 (1) not previously conducted a fishing contest requiring a permit under this
50.13subdivision; or
50.14 (2) ever failed to make required prize awards in a fishing contest conducted by
50.15the applicant, the commissioner may require the applicant to furnish the commissioner
50.16evidence of financial responsibility in the form of a surety bond or bank letter of credit in
50.17the amount of $25,000.
50.18 (c) The permit fee for any individual contest may not exceed the following amounts:
50.19 (1) $120 for an open water contest not exceeding 100 participants and without
50.20off-site weigh-in;
50.21 (2) $400 for an open water contest with more than 100 participants and without
50.22off-site weigh-in;
50.23 (3) $500 for an open water contest not exceeding 100 participants with off-site
50.24weigh-in;
50.25 (4) $1,000 for an open water contest with more than 100 participants with off-site
50.26weigh-in; or
50.27 (5) $120 for an ice fishing contest with more than 150 participants.
50.28 Sec. 37. Minnesota Statutes 2006, section 103B.101, is amended by adding a
50.29subdivision to read:
50.30 Subd. 12. Authority to issue penalty orders. The board may issue an order
50.31requiring violations to be corrected and administratively assessing monetary penalties for
50.32violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules
50.33adopted under those chapters, and any standards, limitations, or conditions established
50.34by the board.
50.35EFFECTIVE DATE.This section is effective the day following final enactment.
51.1 Sec. 38. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
51.2AND OVERSIGHT.
51.3 Subdivision 1. Findings; improving accountability and oversight. The legislature
51.4finds that a process is needed to monitor the performance and activities of local water
51.5management entities. The process should be preemptive so that problems can be identified
51.6early and systematically. Underperforming entities should be provided assistance and
51.7direction for improving performance in a reasonable time frame.
51.8 Subd. 2. Definitions. For the purposes of this section, "local water management
51.9entities" means watershed districts, soil and water conservation districts, metropolitan
51.10water management organizations, and counties operating separately or jointly in their
51.11role as local water management authorities under chapter 103B, 103C, 103D, or 103G
51.12and chapter 114D.
51.13 Subd. 3. Evaluation and report. The Board of Water and Soil Resources shall
51.14evaluate performance, financial, and activity information for each local water management
51.15entity. The board shall evaluate the entities' progress in accomplishing their adopted
51.16plans on a regular basis, but not less than once every five years. The board shall maintain
51.17a summary of local water management entity performance on the board's Web site.
51.18Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
51.19of local water management entity performance to the chairs of the house and senate
51.20committees having jurisdiction over environment and natural resources policy.
51.21 Subd. 4. Corrective actions. (a) In addition to other authorities, the Board of Water
51.22and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
51.23redirect grants and other funding if the local water management entity has not corrected
51.24deficiencies as prescribed in a notice from the board within one year from the date of
51.25the notice.
51.26 (b) The board may defer a decision on a termination petition filed under section
51.27103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
51.28under subdivision 3 or to communicate the results of the evaluation to petitioners or to
51.29local and state government agencies.
51.30 Sec. 39. Minnesota Statutes 2006, section 103C.321, is amended by adding a
51.31subdivision to read:
51.32 Subd. 6. Credit card use. The supervisors may authorize the use of a credit card
51.33by any soil and water conservation district officer or employee otherwise authorized
51.34to make a purchase on behalf of the soil and water conservation district. If a soil and
51.35water conservation district officer or employee makes a purchase by credit card that is not
52.1approved by the supervisors, the officer or employee is personally liable for the amount of
52.2the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
52.3or soil and water conservation district policy applicable to soil and water conservation
52.4district purchases.
52.5 Sec. 40. Minnesota Statutes 2006, section 103D.325, is amended by adding a
52.6subdivision to read:
52.7 Subd. 4. Credit card use. The managers may authorize the use of a credit card
52.8by any watershed district officer or employee otherwise authorized to make a purchase
52.9on behalf of the watershed district. If a watershed district officer or employee makes a
52.10purchase by credit card that is not approved by the managers, the officer or employee is
52.11personally liable for the amount of the purchase. A purchase by credit card must otherwise
52.12comply with all statutes, rules, or watershed district policy applicable to watershed district
52.13purchases.
52.14 Sec. 41. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read:
52.15 Subdivision 1. Spoil banks must be spread and
52.16vegetation established. In any proceeding to establish, construct, improve, or do any
52.17work affecting a public drainage system under any law that appoints viewers to assess
52.18benefits and damages, the authority having jurisdiction over the proceeding shall order
52.19spoil banks to be spread consistent with the plan and function of the drainage system. The
52.20authority shall order that permanent grass, other than a noxious weed, be planted on
52.21the
52.22approved by the drainage authority be established on each side of the ditch. Preference
52.23should be given to planting native species of a local ecotype. The approved perennial
52.24vegetation shall not impede future maintenance of the ditch. The permanent strips of
52.25perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge
52.26of the constructed channel resulting from the proceeding, or to the crown of the leveled
52.27spoil bank, whichever is the greater,
52.28
52.29benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
52.30rights-of-way for the acreage and additional property required for the
52.31strips must be acquired by the authority having jurisdiction.
52.32 Sec. 42. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read:
53.1 Subd. 2. Reseeding and harvesting
53.2having jurisdiction over the repair and maintenance of the drainage system shall supervise
53.3all necessary reseeding. The permanent
53.4maintained in the same manner as other drainage system repairs. Harvest of the
53.5vegetation from the
53.6or the drainage system is the privilege of the fee owner or assigns. The
53.7inspector shall establish rules for the fee owner and assigns to harvest the
53.8 Sec. 43. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read:
53.9 Subd. 3. Agricultural practices prohibited. Agricultural practices, other than
53.10those required for the maintenance of a permanent growth of
53.11are not permitted on any portion of the property acquired for
53.12 Sec. 44. Minnesota Statutes 2006, section 103E.021, is amended by adding a
53.13subdivision to read:
53.14 Subd. 6. Incremental implementation of vegetated ditch buffer strips and side
53.15inlet controls. (a) Notwithstanding other provisions of this chapter requiring appointment
53.16of viewers and redetermination of benefits and damages, a drainage authority may
53.17implement permanent buffer strips of perennial vegetation approved by the drainage
53.18authority or side inlet controls, or both, adjacent to a public drainage ditch, where
53.19necessary to control erosion and sedimentation, improve water quality, or maintain the
53.20efficiency of the drainage system. Preference should be given to planting native species of
53.21a local ecotype. The approved perennial vegetation shall not impede future maintenance
53.22of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
53.23measured outward from the top edge of the existing constructed channel. Drainage system
53.24rights-of-way for the acreage and additional property required for the permanent strips
53.25must be acquired by the authority having jurisdiction.
53.26 (b) A project under this subdivision shall be implemented as a repair according to
53.27section 103E.705, except that the drainage authority may appoint an engineer to examine
53.28the drainage system and prepare an engineer's repair report for the project.
53.29 (c) Damages shall be determined by the drainage authority, or viewers, appointed by
53.30the drainage authority, according to section 103E.315, subdivision 8. A damages statement
53.31shall be prepared, including an explanation of how the damages were determined for each
53.32property affected by the project, and filed with the auditor or watershed district. Within 30
53.33days after the damages statement is filed, the auditor or watershed district shall prepare
53.34property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
54.1(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
54.2each owner of property affected by the proposed project.
54.3 (d) After a damages statement is filed, the drainage authority shall set a time, by
54.4order, not more than 30 days after the date of the order, for a hearing on the project. At
54.5least ten days before the hearing, the auditor or watershed district shall give notice by mail
54.6of the time and location of the hearing to the owners of property and political subdivisions
54.7likely to be affected by the project.
54.8 (e) The drainage authority shall make findings and order the repairs to be made if
54.9the drainage authority determines from the evidence presented at the hearing and by the
54.10viewers and engineer, if appointed, that the repairs are necessary for the drainage system
54.11and the costs of the repairs are within the limitations of section 103E.705.
54.12 Sec. 45. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
54.13 The drainage authority shall annually submit a report to the Board of Water and Soil
54.14Resources for the calendar year including:
54.15 (1) the number and types of actions for which viewers were appointed;
54.16 (2) the number of miles of buffer strips established according to section 103E.021;
54.17 (3) the number of drainage system inspections conducted; and
54.18 (4) the number of violations of section 103E.021 identified and enforcement actions
54.19taken.
54.20 Sec. 46. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read:
54.21 Subd. 8. Extent of damages. Damages to be paid may include:
54.22 (1) the fair market value of the property required for the channel of an open ditch
54.23and the permanent
54.24 (2) the diminished value of a farm due to severing a field by an open ditch;
54.25 (3) loss of crop production during drainage project construction;
54.26 (4) the diminished productivity or land value from increased overflow
54.27 (5) costs to restore a perennial vegetative cover or structural practice existing
54.28under a federal or state conservation program adjacent to the permanent drainage system
54.29right-of-way and damaged by the drainage project.
54.30 Sec. 47. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read:
54.31 Subdivision 1. Requirements. The viewers' report must show, in tabular form,
54.32for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
54.33is benefited or damaged:
55.1 (1) a description of the lot or tract, under separate ownership, that is benefited or
55.2damaged;
55.3 (2) the names of the owners as they appear on the current tax records of the county
55.4and their addresses;
55.5 (3) the number of acres in each tract or lot;
55.6 (4) the number and value of acres added to a tract or lot by the proposed drainage of
55.7public waters;
55.8 (5) the damage, if any, to riparian rights;
55.9 (6) the damages paid for the permanent
55.10section
55.11 (7) the total number and value of acres added to a tract or lot by the proposed
55.12drainage of public waters, wetlands, and other areas not currently being cultivated;
55.13 (8) the number of acres and amount of benefits being assessed for drainage of areas
55.14which before the drainage benefits could be realized would require a public waters work
55.15permit to work in public waters under section
55.16water body under United States Code, title 33, section 403, or a permit to discharge into
55.17waters of the United States under United States Code, title 33, section 1344;
55.18 (9) the number of acres and amount of benefits being assessed for drainage of areas
55.19that would be considered conversion of a wetland under United States Code, title 16,
55.20section 3821, if the area was placed in agricultural production;
55.21 (10) the amount of right-of-way acreage required; and
55.22 (11) the amount that each tract or lot will be benefited or damaged.
55.23 Sec. 48. Minnesota Statutes 2006, section 103E.701, is amended by adding a
55.24subdivision to read:
55.25 Subd. 7. Restoration; disturbance or destruction by repair. If a drainage system
55.26repair disturbs or destroys a perennial vegetative cover or structural practice existing
55.27under a federal or state conservation program adjacent to the permanent drainage system
55.28right-of-way, the practice must be restored according to the applicable practice plan or
55.29as determined by the drainage authority, if a practice plan is not available. Restoration
55.30costs shall be paid by the drainage system.
55.31 Sec. 49. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read:
55.32 Subdivision 1. Inspection. After the construction of a drainage system has been
55.33completed, the drainage authority shall maintain the drainage system that is located in its
55.34jurisdiction, including
56.2drainage authority shall have the drainage system inspected on a regular basis by an
56.3inspection committee of the drainage authority or a drainage inspector appointed by the
56.4drainage authority. Open drainage ditches shall be inspected at a minimum of every five
56.5years when no violation of section 103E.021 is found and annually when a violation of
56.6section 103E.021 is found, until one year after the violation is corrected.
56.7 Sec. 50. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read:
56.8 Subd. 2.
56.9compliance notice. (a) The drainage authority having jurisdiction over a drainage system
56.10must inspect the drainage system for violations of section
56.11committee of the drainage authority or a drainage inspector determines that permanent
56.12
56.14 (b) The notice must state:
56.15 (1) the date the ditch was inspected;
56.16 (2) the persons making the inspection;
56.17 (3) that spoil banks are to be spread in a manner consistent with the plan and function
56.18of the drainage system and that the drainage system has acquired a
56.19
56.20vegetation, according to section 103E.021;
56.21 (4) the violations of section
56.22 (5) the measures that must be taken by the property owner to comply with section
56.24 (6) that if the property owner does not comply by the date specified, the drainage
56.25authority will perform the work necessary to bring the area into compliance with section
56.27 (c) If a property owner does not bring an area into compliance with section
56.28as provided in the compliance notice, the inspection committee or drainage inspector
56.29must notify the drainage authority.
56.30 (d) This subdivision applies to property acquired under section
56.31 Sec. 51. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read:
56.32 Subd. 3. Drainage inspection report. For each drainage system that the board
56.33designates and requires the drainage inspector to examine, the drainage inspector shall
56.34make a drainage inspection report in writing to the board after examining a drainage
57.1system, designating portions that need repair or maintenance of
57.2strips of perennial vegetation and the location and nature of the repair or maintenance.
57.3The board shall consider the drainage inspection report at its next meeting and may repair
57.4all or any part of the drainage system as provided under this chapter. The
57.5strips of perennial vegetation must be maintained in compliance with section
57.6 Sec. 52. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read:
57.7 Subd. 2. Additional assessment for agricultural practices on
57.8strip of perennial vegetation. (a) The drainage authority may, after notice and hearing,
57.9charge an additional assessment on property that has agricultural practices on or otherwise
57.10violates provisions related to the permanent
57.11under section
57.12 (b) The drainage authority may determine the cost of the repair per mile of open
57.13ditch on the ditch system. Property that is in violation of the grass requirement shall be
57.14assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
57.15of open ditch in miles on the property in violation.
57.16 (c) After the amount of the additional assessment is determined and applied to the
57.17repair cost, the balance of the repair cost may be apportioned pro rata as provided in
57.18subdivision 1.
57.19 Sec. 53. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read:
57.20 Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
57.21or partially, unless replaced by restoring or creating wetland areas of at least equal
57.22public value under a replacement plan approved as provided in section
57.23replacement plan under a local governmental unit's comprehensive wetland protection
57.24and management plan approved by the board under section
57.25mine is required under section
57.26commissioner under the permit to mine. Mining reclamation plans shall apply the same
57.27principles and standards for replacing wetlands by restoration or creation of wetland areas
57.28that are applicable to mitigation plans approved as provided in section
57.29value must be determined in accordance with section
57.30wetland protection and management plan established under section
57.32flooded areas of types 3, 4, and 5 wetlands.
57.33 (b) Replacement must be guided by the following principles in descending order
57.34of priority:
58.1 (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
58.2the wetland;
58.3 (2) minimizing the impact by limiting the degree or magnitude of the wetland
58.4activity and its implementation;
58.5 (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
58.6wetland environment;
58.7 (4) reducing or eliminating the impact over time by preservation and maintenance
58.8operations during the life of the activity;
58.9 (5) compensating for the impact by restoring a wetland; and
58.10 (6) compensating for the impact by replacing or providing substitute wetland
58.11resources or environments.
58.12 For a project involving the draining or filling of wetlands in an amount not exceeding
58.1310,000 square feet more than the applicable amount in section
58.14paragraph (a), the local government unit may make an on-site sequencing determination
58.15without a written alternatives analysis from the applicant.
58.16 (c) If a wetland is located in a cultivated field, then replacement must be
58.17accomplished through restoration only without regard to the priority order in paragraph
58.18(b), provided that a deed restriction is placed on the altered wetland prohibiting
58.19nonagricultural use for at least ten years.
58.20 (d) If a wetland is drained under section 103G.2241, subdivision 2, the local
58.21government unit may require a deed restriction that prohibits nonagricultural use for at
58.22least ten years unless the drained wetland is replaced as provided under this section. The
58.23local government unit may require the deed restriction if it determines the wetland area
58.24drained is at risk of conversion to a nonagricultural use within ten years based on the
58.25zoning classification, proximity to a municipality or full service road, or other criteria as
58.26determined by the local government unit.
58.27 (e) Restoration and replacement of wetlands must be accomplished in accordance
58.28with the ecology of the landscape area affected and ponds that are created primarily to
58.29fulfill stormwater management, and water quality treatment requirements may not be
58.30used to satisfy replacement requirements under this chapter unless the design includes
58.31pretreatment of runoff and the pond is functioning as a wetland.
58.32
58.33located on nonagricultural land, replacement must be in the ratio of two acres of replaced
58.34wetland for each acre of drained or filled wetland.
59.1
59.2greater than 80 percent area, replacement must be in the ratio of one acre of replaced
59.3wetland for each acre of drained or filled wetland.
59.4
59.5plan are subject to the provisions of this section for any subsequent drainage or filling.
59.6
59.7restored from previously drained or filled wetlands, wetlands created by excavation in
59.8nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
59.9or wetlands created by dikes or dams associated with the restoration of previously drained
59.10or filled wetlands may be used in a statewide banking program established in rules adopted
59.11under section
59.12naturally occurring wetlands from one type to another are not eligible for enrollment in a
59.13statewide wetlands bank.
59.14
59.15subdivision 2
59.16wetland characteristics of soils, vegetation, and hydrology before recommending that the
59.17wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
59.18reason to believe that the wetland characteristics may change substantially, the panel shall
59.19postpone its recommendation until the wetland has stabilized.
59.20
59.22
59.23public transportation project, and for projects expanded solely for additional traffic
59.24capacity, public transportation authorities may purchase credits from the board at the cost
59.25to the board to establish credits. Proceeds from the sale of credits provided under this
59.26paragraph are appropriated to the board for the purposes of this paragraph.
59.27
59.28result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
59.29or replacement of a currently serviceable existing state, city, county, or town public road
59.30necessary, as determined by the public transportation authority, to meet state or federal
59.31design or safety standards or requirements, excluding new roads or roads expanded solely
59.32for additional traffic capacity lanes. This paragraph only applies to authorities for public
59.33transportation projects that:
59.34 (1) minimize the amount of wetland filling or draining associated with the project
59.35and consider mitigating important site-specific wetland functions on-site;
60.1 (2) except as provided in clause (3), submit project-specific reports to the board, the
60.2Technical Evaluation Panel, the commissioner of natural resources, and members of the
60.3public requesting a copy at least 30 days prior to construction that indicate the location,
60.4amount, and type of wetlands to be filled or drained by the project or, alternatively,
60.5convene an annual meeting of the parties required to receive notice to review projects to
60.6be commenced during the upcoming year; and
60.7 (3) for minor and emergency maintenance work impacting less than 10,000 square
60.8feet, submit project-specific reports, within 30 days of commencing the activity, to the
60.9board that indicate the location, amount, and type of wetlands that have been filled
60.10or drained.
60.11 Those required to receive notice of public transportation projects may appeal
60.12minimization, delineation, and on-site mitigation decisions made by the public
60.13transportation authority to the board according to the provisions of section
60.14subdivision 9
60.15decisions made by the public transportation authority and provide recommendations
60.16regarding on-site mitigation if requested to do so by the local government unit, a
60.17contiguous landowner, or a member of the Technical Evaluation Panel.
60.18 Except for state public transportation projects, for which the state Department of
60.19Transportation is responsible, the board must replace the wetlands, and wetland areas of
60.20public waters if authorized by the commissioner or a delegated authority, drained or filled
60.21by public transportation projects on existing roads.
60.22 Public transportation authorities at their discretion may deviate from federal and
60.23state design standards on existing road projects when practical and reasonable to avoid
60.24wetland filling or draining, provided that public safety is not unreasonably compromised.
60.25The local road authority and its officers and employees are exempt from liability for
60.26any tort claim for injury to persons or property arising from travel on the highway and
60.27related to the deviation from the design standards for construction or reconstruction under
60.28this paragraph. This paragraph does not preclude an action for damages arising from
60.29negligence in construction or maintenance on a highway.
60.30
60.31project has already affected the wetland, the local government unit may require the
60.32landowner to replace the affected wetland at a ratio not to exceed twice the replacement
60.33ratio otherwise required.
60.34
60.35watershed on the basis of its percentage of presettlement wetlands remaining. After
60.36receipt of satisfactory documentation from the local government, the board shall change
61.1the classification of a county or watershed. If requested by the local government unit,
61.2the board must assist in developing the documentation. Within 30 days of its action to
61.3approve a change of wetland classifications, the board shall publish a notice of the change
61.4in the Environmental Quality Board Monitor.
61.5
61.6government unit may request the local government unit to reclassify a county or watershed
61.7on the basis of its percentage of presettlement wetlands remaining. In support of their
61.8petition, the citizens shall provide satisfactory documentation to the local government unit.
61.9The local government unit shall consider the petition and forward the request to the board
61.10under paragraph
61.11EFFECTIVE DATE.This section is effective the day following final enactment.
61.12 Sec. 54. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read:
61.13 Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow
61.14this priority order:
61.15 (1) on site or in the same minor watershed as the affected wetland;
61.16 (2) in the same watershed as the affected wetland;
61.17 (3) in the same county as the affected wetland;
61.18 (4) for replacement by wetland banking, in the same wetland bank service area as
61.19the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
61.20a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
61.21less than 50 percent area;
61.22 (5) for project specific replacement, in an adjacent watershed
61.23affected wetland, or for replacement by wetland banking, in an adjacent wetland bank
61.24service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
61.2580 percent area and impacts in a less than 50 percent area must be replaced in a less
61.26than 50 percent area; and
61.27
61.28public transportation projects, except that wetlands affected in less than 50 percent areas
61.29must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
61.30metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
61.31(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
61.32that are wholly or partially within the seven-county metropolitan area, but at least one to
61.33one must be replaced within the seven-county metropolitan area.
61.34 (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
61.35percent areas may follow the priority order under this paragraph: (1) by wetland banking
62.1after evaluating on-site replacement and replacement within the watershed; (2) replaced
62.2in an adjacent wetland bank service area if wetland bank credits are not reasonably
62.3available in the same wetland bank service area as the affected wetland, as determined
62.4by the local government unit or by a comprehensive inventory approved by the board;
62.5and (3) statewide.
62.6 (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
62.7metropolitan area must follow the priority order under this paragraph: (1) in the affected
62.8county; (2) in another of the seven metropolitan counties; or (3) in one of the major
62.9watersheds that are wholly or partially within the seven-county metropolitan area, but at
62.10least one to one must be replaced within the seven-county metropolitan area.
62.11 (d) The exception in paragraph (a), clause
62.12completed using wetland banking credits established by a person who submitted a
62.13complete wetland banking application to a local government unit by April 1, 1996.
62.14
62.15opportunities are not available in siting priorities listed in paragraph (a), the applicant
62.16may seek opportunities at the next level.
62.17
62.18beneficial replacement opportunities" are defined as opportunities that:
62.19 (1) take advantage of naturally occurring hydrogeomorphological conditions and
62.20require minimal landscape alteration;
62.21 (2) have a high likelihood of becoming a functional wetland that will continue
62.22in perpetuity;
62.23 (3) do not adversely affect other habitat types or ecological communities that are
62.24important in maintaining the overall biological diversity of the area; and
62.25 (4) are available and capable of being done after taking into consideration cost,
62.26existing technology, and logistics consistent with overall project purposes.
62.27
62.28wetland restoration shall collaborate to identify potential replacement opportunities within
62.29their jurisdictional areas.
62.30EFFECTIVE DATE.This section is effective the day following final enactment.
62.31 Sec. 55. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
62.32read:
62.33 Subdivision 1. Agricultural activities.
62.34not required for:
63.1
63.2
63.3
63.4
63.5
63.6
63.7
63.8
63.9
63.10
63.11
63.12
63.13
63.14
63.15
63.16
63.17
63.18
63.19
63.20
63.21 (1) activities in a wetland conducted as part of normal farming practices. For
63.22purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
63.23and ranching activities such as plowing, seeding, cultivating, and harvesting for the
63.24production of feed, food, fuel, fiber, and forest products, but does not include activities
63.25that result in the draining or filling of wetlands in whole or part;
63.26 (2) soil and water conservation practices approved by the soil and water conservation
63.27district, after review by the Technical Evaluation Panel;
63.28
63.29maintenance of associated access roads and dikes authorized under, and conducted in
63.30accordance with, a permit issued by the United States Army Corps of Engineers under
63.31section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but
63.32not including construction or expansion of buildings; or
63.33
63.34authorized under a permit issued by the United States Army Corps of Engineers under
63.35section 404 of the federal Clean Water Act, United States Code, title 33, section 1344
64.1
64.2
64.3
64.4
64.5
64.6
64.7
64.8
64.9
64.10
64.11
64.12
64.13
64.14
64.15
64.16
64.17
64.18
64.19
64.20
64.21EFFECTIVE DATE.This section is effective the day following final enactment.
64.22 Sec. 56. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
64.23read:
64.24 Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage
64.25system" means a drainage system as defined in section
64.26ditch or tile lawfully connected to the drainage system. If wetlands drained under this
64.27subdivision are converted to uses prohibited under paragraph (b), clause (2), during the
64.28ten-year period following drainage, the wetlands must be replaced according to section
64.29103G.222.
64.30 (b) A replacement plan is not required for draining of type 1 wetlands, or up to five
64.31acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
64.32drainage benefits for a public drainage system, provided that:
64.33 (1) during the 20-year period that ended January 1, 1992:
64.34 (i) there was an expenditure made from the drainage system account for the public
64.35drainage system;
65.1 (ii) the public drainage system was repaired or maintained as approved by the
65.2drainage authority; or
65.3 (iii) no repair or maintenance of the public drainage system was required under
65.4section
65.5 (2) the wetlands are not drained for conversion to:
65.6 (i) platted lots;
65.7 (ii) planned unit, commercial, or industrial developments; or
65.8 (iii) any development with more than one residential unit per 40 acres.
65.9
65.10
65.11
65.12 (c) A replacement plan is not required for draining or filling of wetlands, except for
65.13draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
65.14resulting from maintenance and repair of existing public drainage systems.
65.15 (d) A replacement plan is not required for draining or filling of wetlands, except
65.16for draining wetlands that have been in existence for more than 25 years, resulting from
65.17maintenance and repair of existing drainage systems other than public drainage systems.
65.18
65.19
65.20
65.21
65.22
65.23
65.24
65.25 (e) A replacement plan is not required for draining agricultural land that: (1) was
65.26planted with annually seeded crops before June 10, except for crops that are normally
65.27planted after that date, in eight out of the ten most recent years prior to the impact; (2)
65.28was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most
65.29recent years prior to the impact; or (3) was enrolled in a state or federal land conservation
65.30program and met the requirements of clause (1) or (2) before enrollment.
65.31 (f) The public drainage authority may, as part of the repair, install control structures,
65.32realign the ditch, construct dikes along the ditch, or make other modifications as necessary
65.33to prevent drainage of the wetland.
65.34 (g) Wetlands of all types that would be drained as a part of a public drainage repair
65.35project are eligible for the permanent wetlands preserve under section
65.36board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
66.1been in existence for more than 25 years on public drainage systems and other wetlands
66.2that have the greatest risk of drainage from a public drainage repair project.
66.3EFFECTIVE DATE.This section is effective the day following final enactment.
66.4 Sec. 57. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
66.5read:
66.6 Subd. 3. Federal approvals. A replacement plan for wetlands is not required for
66.7
66.8
66.9
66.10
66.11
66.12
66.13
66.14
66.15
66.16Rivers and Harbors Act, section 10, regulations that meet minimum state standards
66.17under this chapter and sections
66.18by the Board of Water and Soil Resources, the commissioners of natural resources and
66.19agriculture, and the Pollution Control Agency.
66.20EFFECTIVE DATE.This section is effective the day following final enactment.
66.21 Sec. 58. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
66.22read:
66.23 Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not
66.24required for:
66.25
66.26
66.27
66.28
66.29
66.30
66.31
66.32
67.1
67.2
67.3
67.4
67.5
67.6
67.7
67.8
67.9
67.10
67.11 (1) new placement or maintenance, repair, enhancement, or replacement of existing
67.12utility or utility-type service, including pipelines, if:
67.13 (i) the direct and indirect impacts of the proposed project have been avoided and
67.14minimized to the extent possible; and
67.15 (ii) the proposed project significantly modifies or alters less than one-half acre of
67.16wetlands;
67.17 (2) activities associated with operation, routine maintenance, or emergency repair of
67.18existing utilities and public work structures, including pipelines, provided the activities
67.19do not result in additional wetland intrusion or additional draining or filling of a wetland
67.20either wholly or partially; or
67.21 (3) repair and updating of existing individual sewage treatment systems necessary to
67.22comply with local, state, and federal regulations.
67.23 (b) For maintenance, repair, and replacement, the local government unit may issue
67.24a seasonal or annual exemption certification or the utility may proceed without local
67.25government unit certification if the utility is carrying out the work according to approved
67.26best management practices. Work of an emergency nature may proceed as necessary
67.27and any drain or fill activities shall be addressed with the local government unit after
67.28the emergency work has been completed.
67.29EFFECTIVE DATE.This section is effective the day following final enactment.
67.30 Sec. 59. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
67.31read:
67.32 Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a
67.33replacement plan for wetlands is not required for draining or filling the following amounts
67.34of wetlands as part of a project:
68.1 (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
68.2tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
68.380 percent area;
68.4 (2)
68.5and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80
68.6percent area;
68.7 (3)
68.8wetland protection zone in a less than 50 percent area;
68.9 (4)
68.10the building setback zone of the shoreland wetland protection zones in all counties;
68.11 (5) 400 square feet of
68.12to (3),
68.13ordinance, but within the shoreland wetland protection zone
68.14than 80 percent area, the local government unit may increase the de minimis amount
68.15up to 1,000 square feet
68.16
68.17to the public water. To the extent that a local shoreland management ordinance is more
68.18restrictive than this provision, the local shoreland ordinance applies; or
68.19 (6) up to 20 square feet of wetland, regardless of type or location.
68.20 (b) The amounts listed in paragraph (a), clauses (1) to
68.21on a project.
68.22 (c) This exemption no longer applies to a landowner's portion of a wetland when
68.23the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
68.24the greatest of:
68.25 (1) the applicable area listed in paragraph (a), if the landowner owns the entire
68.26wetland;
68.27 (2) five percent of the landowner's portion of the wetland; or
68.28 (3) 400 square feet.
68.29 (d) This exemption may not be combined with another exemption in this section on
68.30a project.
68.31 (e) Property may not be divided to increase the amounts listed in paragraph (a).
68.32EFFECTIVE DATE.This section is effective the day following final enactment.
68.33 Sec. 60. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
68.34read:
69.1 Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland
69.2under an exemption in subdivisions 1 to 10 shall ensure that:
69.3 (1) appropriate erosion control measures are taken to prevent sedimentation of
69.4the water;
69.5 (2) the activity does not block fish passage in a watercourse; and
69.6 (3) the activity is conducted in compliance with all other applicable federal,
69.7state, and local requirements, including best management practices and water resource
69.8protection requirements established under chapter 103H.
69.9 (b) An activity is exempt if it qualifies for any one of the exemptions, even though it
69.10may be indicated as not exempt under another exemption.
69.11 (c) Persons proposing to conduct an exempt activity are encouraged to contact the
69.12local government unit or the local government unit's designee for advice on minimizing
69.13wetland impacts.
69.14 (d) The board shall develop rules that address the application and implementation
69.15of exemptions and that provide for estimates and reporting of exempt wetland impacts,
69.16including those in section 103G.2241, subdivisions 2, 6, and 9.
69.17EFFECTIVE DATE.This section is effective the day following final enactment.
69.18 Sec. 61. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
69.19read:
69.20 Subd. 2. Evaluation. (a) Questions concerning the public value, location, size,
69.21or type of a wetland shall be submitted to and determined by a Technical Evaluation
69.22Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
69.23a technical professional employee of the board, a technical professional employee of
69.24the local soil and water conservation district or districts, a technical professional with
69.25expertise in water resources management appointed by the local government unit, and
69.26a technical professional employee of the Department of Natural Resources for projects
69.27affecting public waters or wetlands adjacent to public waters. The panel shall use the
69.28"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
69.29including updates, supplementary guidance, and replacements, if any, "Wetlands of
69.30the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
69.31and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
69.32edition). The panel shall provide the wetland determination and recommendations on
69.33other technical matters to the local government unit that must approve a replacement
69.34plan, wetland banking plan, exemption determination, no-loss determination, or wetland
69.35boundary or type determination and may recommend approval or denial of the plan. The
70.1authority must consider and include the decision of the Technical Evaluation Panel in their
70.2approval or denial of a plan or determination.
70.3 (b) Persons conducting wetland or public waters boundary delineations or type
70.4determinations are exempt from the requirements of chapter 326.
70.5
70.6
70.7
70.8may develop a professional wetland delineator certification program.
70.9EFFECTIVE DATE.This section is effective the day following final enactment.
70.10 Sec. 62. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
70.11read:
70.12 Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply
70.13for a wetland boundary or type determination from the local government unit. The
70.14landowner applying for the determination is responsible for submitting proof necessary
70.15to make the determination, including, but not limited to, wetland delineation field data,
70.16observation well data, topographic mapping, survey mapping, and information regarding
70.17soils, vegetation, hydrology, and groundwater both within and outside of the proposed
70.18wetland boundary.
70.19 (b) A local government unit that receives an application under paragraph (a) may
70.20seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
70.21necessary, expand the Technical Evaluation Panel. The local government unit may delegate
70.22the decision authority for wetland boundary or type determinations
70.23
70.24 (c) The local government unit decision must be made in compliance with section
70.26be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
70.27district or watershed management organization, if one exists, and individual members of
70.28the public who request a copy.
70.29 (d) Appeals of decisions made by designated local government staff must be made
70.30to the local government unit. Notwithstanding any law to the contrary, a ruling on an
70.31appeal must be made by the local government unit within 30 days from the date of the
70.32filing of the appeal.
70.33 (e) The local government unit decision is valid for three years unless the Technical
70.34Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
70.35or soils of the area have been sufficient to alter the wetland boundary or type.
71.1EFFECTIVE DATE.This section is effective the day following final enactment.
71.2 Sec. 63. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
71.3read:
71.4 Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking,
71.5wetland boundary or type determination,
71.6be obtained by mailing a petition and payment of a filing fee
71.7retained by the board to defray administrative costs, to the board within 30 days after the
71.8postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
71.930 days, the decision becomes final.
71.10
71.11petition for hearing is accepted, the amount posted must be returned to the petitioner.
71.12Appeal may be made by:
71.13 (1) the wetland owner;
71.14 (2) any of those to whom notice is required to be mailed under subdivision 7; or
71.15 (3) 100 residents of the county in which a majority of the wetland is located.
71.16 (b) Within 30 days after receiving a petition, the board shall decide whether to
71.17grant the petition and hear the appeal. The board shall grant the petition unless the board
71.18finds that:
71.19 (1) the appeal is meritless, trivial, or brought solely for the purposes of delay;
71.20 (2) the petitioner has not exhausted all local administrative remedies;
71.21 (3) expanded technical review is needed;
71.22 (4) the local government unit's record is not adequate; or
71.23 (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
71.24by the local government unit.
71.25 (c) In determining whether to grant the appeal, the board shall also consider the
71.26size of the wetland, other factors in controversy, any patterns of similar acts by the local
71.27government unit or petitioner, and the consequences of the delay resulting from the appeal.
71.28 (d) All appeals must be heard by the committee for dispute resolution of the board,
71.29and a decision made within 60 days of filing the local government unit's record and the
71.30written briefs submitted for the appeal. The decision must be served by mail on the parties
71.31to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
71.32grant a petition for appeal and a decision on the merits of an appeal must be considered the
71.33decision of an agency in a contested case for purposes of judicial review under sections
72.1 (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
72.2defray the administrative costs of appeals made to the board under this subdivision. Fees
72.3established under this authority shall not exceed $1,000. Establishment of the fee is not
72.4subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
72.5EFFECTIVE DATE.This section is effective the day following final enactment.
72.6 Sec. 64. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
72.7read:
72.8 Subd. 12. Replacement credits. (a) No public or private wetland restoration,
72.9enhancement, or construction may be allowed for replacement unless specifically
72.10designated for replacement and paid for by the individual or organization performing the
72.11wetland restoration, enhancement, or construction, and is completed prior to any draining
72.12or filling of the wetland.
72.13 (b) Paragraph (a) does not apply to a wetland whose owner has paid back with
72.14interest the individual or organization restoring, enhancing, or constructing the wetland.
72.15 (c) Notwithstanding section
72.16following actions, and others established in rule, that are consistent with criteria in rules
72.17adopted by the board in conjunction with the commissioners of natural resources and
72.18agriculture, are eligible for replacement credit as determined by the local government unit,
72.19including enrollment in a statewide wetlands bank:
72.20 (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
72.21on agricultural land that was planted with annually seeded crops, was in a crop rotation
72.22seeding of pasture grasses or legumes, or was in a land retirement program during the
72.23past ten years;
72.24 (2) buffer areas of permanent native, noninvasive vegetative cover established or
72.25preserved on upland adjacent to replacement wetlands;
72.26 (3) wetlands restored for conservation purposes under terminated easements or
72.27contracts; and
72.28 (4) water quality treatment ponds constructed to pretreat storm water runoff prior
72.29to discharge to wetlands, public waters, or other water bodies, provided that the water
72.30quality treatment ponds must be associated with an ongoing or proposed project that
72.31will impact a wetland and replacement credit for the treatment ponds is based on the
72.32replacement of wetland functions and on an approved stormwater management plan for
72.33the local government.
73.1 (d) Notwithstanding section
73.2the board may establish by rule different replacement ratios for restoration projects with
73.3exceptional natural resource value.
73.4EFFECTIVE DATE.This section is effective the day following final enactment.
73.5 Sec. 65. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
73.6read:
73.7 Subd. 15. Fees paid to board. All fees established in
73.8and 14 must be paid to the Board of Water and Soil Resources
73.9
73.10appeals under section 103G.2242, subdivision 9.
73.11EFFECTIVE DATE.This section is effective the day following final enactment.
73.12 Sec. 66. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
73.13read:
73.14 Subd. 2. Plan contents. A comprehensive wetland protection and management
73.15plan may:
73.16 (1) provide for classification of wetlands in the plan area based on:
73.17 (i) an inventory of wetlands in the plan area;
73.18 (ii) an assessment of the wetland functions listed in section
73.19methodology chosen by the Technical Evaluation Panel from one of the methodologies
73.20established or approved by the board under that section; and
73.21 (iii) the resulting public values;
73.22 (2) vary application of the sequencing standards in section
73.23paragraph (b), for projects based on the classification and criteria set forth in the plan;
73.24 (3) vary the replacement standards of section
73.25
73.26wetland impacts provided there is no net loss of public values within the area subject to
73.27the plan, and so long as:
73.28 (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
73.29wetland for each acre of drained or filled wetland requiring replacement is met within
73.30the area subject to the plan; and
73.31 (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
73.32replaced wetland for each acre of drained or filled wetland requiring replacement is met
74.1within the area subject to the plan, except that replacement for the amount above a 1:1
74.2ratio can be accomplished as described in section
74.3 (4) in a greater than 80 percent area, allow replacement credit, based on the
74.4classification and criteria set forth in the plan, for any project that increases the public
74.5value of wetlands, including activities on adjacent upland acres
74.6
74.7
74.8
74.9
74.10EFFECTIVE DATE.This section is effective the day following final enactment.
74.11 Sec. 67. Minnesota Statutes 2006, section 103G.235, is amended to read:
74.12103G.235 RESTRICTIONS ON ACCESS TO
74.13 Subdivision 1. Wetlands adjacent to roads. To protect the public health or safety,
74.14local units of government may by ordinance restrict public access to public waters
74.15wetlands from municipality, county, or township roads that abut public waters wetlands.
74.16 Subd. 2. Privately restored or created wetlands. When a landowner creates a new
74.17wetland or restores a formerly existing wetland on private land that is adjacent to public
74.18land or a public road right-of-way, there is no public access to the created or restored
74.19wetland if posted by the landowner.
74.20 Sec. 68. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to read:
74.21 Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of
74.22receiving, recording, and processing the application must be paid for a permit authorized
74.23under this chapter and for each request to amend or transfer an existing permit.
74.24 (b) The fee to apply for a permit to appropriate water by a nonpublic applicant or a
74.25nonagricultural irrigation applicant must be assessed to recover the reasonable costs of
74.26preparing and issuing the permit. Fees collected under this paragraph must be credited to
74.27an account in the natural resources fund and are appropriated to the commissioner.
74.28
74.29to the fee under paragraph (b); a permit to construct or repair a dam that is subject to dam
74.30safety inspection
74.31$150. The application fee for a permit to work in public waters or to divert waters for
74.32mining must be at least $150, but not more than $1,000, according to a schedule of fees
74.33adopted under section
75.1 Sec. 69. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:
75.2 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections
75.4 (b) "Advisory committee" means the Advisory Committee on Individual Sewage
75.5Treatment Systems established under the individual sewage treatment system rules. The
75.6advisory committee must be appointed to ensure geographic representation of the state
75.7and include elected public officials.
75.8 (c) "Applicable requirements" means:
75.9 (1) local ordinances that comply with the individual sewage treatment system rules,
75.10as required in subdivision 2; or
75.11 (2) in areas not subject to the ordinances described in clause (1), the individual
75.12sewage treatment system rules.
75.13 (d) "City" means a statutory or home rule charter city.
75.14 (e) "Commissioner" means the commissioner of the Pollution Control Agency.
75.15 (f) "Dwelling" means a building or place used or intended to be used by human
75.16occupants as a single-family or two-family unit.
75.17 (g) "Individual sewage treatment system" or "system" means a sewage treatment
75.18system, or part thereof,
75.19uses subsurface soil treatment and disposal, or a holding tank, serving a dwelling, other
75.20establishment, or a group thereof.
75.21 (h) "Individual sewage treatment system professional" means an inspector, installer,
75.22site evaluator or designer, or pumper.
75.23 (i) "Individual sewage treatment system rules" means rules adopted by the agency
75.24that establish minimum standards and criteria for the design, location, installation, use,
75.25and maintenance of individual sewage treatment systems.
75.26 (j) "Inspector" means a person who inspects individual sewage treatment systems for
75.27compliance with the applicable requirements.
75.28 (k) "Installer" means a person who constructs or repairs individual sewage treatment
75.29systems.
75.30 (l) "Local unit of government" means a township, city, or county.
75.31 (m) "Performance-based system" means a system that is designed specifically for a
75.32site and the environmental conditions on that site and designed to adequately protect the
75.33public health and the environment and provide long-term performance. At a minimum, a
75.34performance based system must ensure that applicable water quality standards are met in
75.35both ground and surface water that ultimately receive the treated wastewater.
76.1 (n) "Pumper" means a person who maintains components of individual sewage
76.2treatment systems including, but not limited to, septic, aerobic, and holding tanks.
76.3
76.4180 days per year and less than 120 consecutive days.
76.5
76.6and installed as part of an individual sewage treatment system.
76.7
76.8 (1) investigates soils and site characteristics to determine suitability, limitations, and
76.9sizing requirements; and
76.10 (2) designs individual sewage treatment systems.
76.11
76.12waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage
76.13system, or ground surface.
76.14 Sec. 70. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:
76.15 Subd. 2. Local ordinances. (a) All counties
76.16
76.17revisions to the individual sewage treatment system rules
76.18
76.19adoption by the agency. County ordinances must apply to all areas of the county other
76.20than cities or towns that have adopted ordinances that comply with this section and are
76.21as strict as the applicable county ordinances.
76.22
76.23
76.24 (b) A copy of each ordinance adopted under this subdivision must be submitted to
76.25the commissioner upon adoption.
76.26 (c) A local unit of government must make available to the public upon request a
76.27written list of any differences between its ordinances and rules adopted under this section.
76.28 Sec. 71. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:
76.29 Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and
76.30criteria for the design, location, installation, use, and maintenance of individual sewage
76.31treatment systems. The rules must include:
76.32 (1) how the agency will ensure compliance under subdivision 2;
76.33 (2) how local units of government shall enforce ordinances under subdivision 2,
76.34including requirements for permits and inspection programs;
77.1 (3) how the advisory committee will participate in review and implementation of
77.2the rules;
77.3 (4) provisions for
77.4 (5) provisions for handling and disposal of effluent;
77.5 (6) provisions for system abandonment; and
77.6 (7) procedures for variances, including the consideration of variances based on cost
77.7and variances that take into account proximity of a system to other systems.
77.8 (b) The agency shall consult with the advisory committee before adopting rules
77.9under this subdivision.
77.10 (c) Notwithstanding the repeal of the agency rule under which the commissioner
77.11has established a list of warrantied individual sewage treatment systems, the warranties
77.12for all systems so listed as of the effective date of the repeal shall continue to be valid
77.13for the remainder of the warranty period.
77.14 (d) The rules required in paragraph (a) must also address the following:
77.15 (1) a definition of redoximorphic features and other criteria that can be used by
77.16system designers and inspectors;
77.17 (2) direction on the interpretation of observed soil features that may be
77.18redoximorphic and their relation to zones of seasonal saturation; and
77.19 (3) procedures on how to resolve professional disagreements on seasonally saturated
77.20soils.
77.21These rules must be in place by March 31, 2006.
77.22 Sec. 72. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision
77.23to read:
77.24 Subd. 12. Advisory committee; county individual sewage treatment system
77.25management plan. (a) A county may adopt an individual sewage treatment system
77.26management plan that describes how the county plans on carrying out individual sewage
77.27treatment system needs. The commissioner of the Pollution Control Agency shall form an
77.28advisory committee to determine what the plans should address. The advisory committee
77.29shall be made up of representatives of the Association of Minnesota Counties, Pollution
77.30Control Agency, Board of Water and Soil Resources, Department of Health, and other
77.31public agencies or local units of government that have an interest in individual sewage
77.32treatment systems.
77.33 (b) The advisory committee shall advise the agency on the standards, management,
77.34monitoring, and reporting requirements for performance-based systems.
78.1 Sec. 73. Minnesota Statutes 2006, section 116C.92, is amended to read:
78.2116C.92 COORDINATION OF ACTIVITIES.
78.3 Subdivision 1. State coordinating organization. The Environmental Quality Board
78.4is designated the state coordinating organization for state and federal regulatory activities
78.5relating to genetically engineered organisms.
78.6 Subd. 2. Notice of nationwide action. The board shall notify interested parties if a
78.7permit to release genetically engineered wild rice is issued anywhere in the United States.
78.8For purposes of this subdivision, "interested parties" means:
78.9 (1) the state's wild rice industry;
78.10 (2) the legislature;
78.11 (3) federally recognized tribes within Minnesota; and
78.12 (4) individuals who request to be notified.
78.13 Sec. 74. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:
78.14 Subdivision 1. General authority. (a) Except as provided in paragraph (b), the
78.15board shall adopt rules consistent with sections
78.16environmental assessment worksheet and otherwise comply with chapter 116D and rules
78.17adopted under it for a proposed release and a permit for a release. The board may place
78.18conditions on a permit and may deny, modify, suspend, or revoke a permit.
78.19 (b) The board shall adopt rules that require an environmental impact statement and
78.20otherwise comply with chapter 116D and rules adopted under it for a proposed release and
78.21a permit for a release of genetically engineered wild rice. The board may place conditions
78.22on the permit and may deny, modify, suspend, or revoke the permit.
78.23 Sec. 75. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:
78.24 Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at
78.25the request of any person, that a federal program exists for regulating the release of certain
78.26genetically engineered organisms and the federal oversight under the program is adequate
78.27to protect human health or the environment, then any person may release such genetically
78.28engineered organisms after obtaining the necessary federal approval and without obtaining
78.29a state release permit or a significant environmental permit or complying with the other
78.30requirements of sections
78.31to section
78.32 (b) If the board determines the federal program is adequate to meet only certain
78.33requirements of sections
78.34to section
79.1 (c) A person proposing a release for which a federal authorization is required may
79.2apply to the board for an exemption from the board's permit or to a state agency with a
79.3significant environmental permit for the proposed release for an exemption from the
79.4agency's permit. The proposer must file with the board or state agency a written request
79.5for exemption with a copy of the federal application and the information necessary to
79.6determine if there is a potential for significant environmental effects under chapter 116D
79.7and rules adopted under it. The board or state agency shall give public notice of the request
79.8in the first available issue of the EQB Monitor and shall provide an opportunity for public
79.9comment on the environmental review process consistent with chapter 116D and rules
79.10adopted under it. The board or state agency may grant the exemption if the board or state
79.11agency finds that the federal authorization issued is adequate to meet the requirements of
79.12chapter 116D and rules adopted under it and any other requirement of the board's or state
79.13agency's authority regarding the release of genetically engineered organisms. The board
79.14or state agency must grant or deny the exemption within 45 days after the receipt of the
79.15written request and the information required by the board or state agency.
79.16 (d) This subdivision does not apply to genetically engineered organisms for which
79.17an environmental impact statement is required under sections 116C.91 to 116C.96.
79.18 Sec. 76. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read:
79.19 Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may
79.20sell timber upon any tract that may be approved by the natural resources commissioner.
79.21The sale of timber shall be made for cash at not less than the appraised value determined
79.22by the county board to the highest bidder after not less than one week's published notice
79.23in an official paper within the county. Any timber offered at the public sale and not sold
79.24may thereafter be sold at private sale by the county auditor at not less than the appraised
79.25value thereof, until the time as the county board may withdraw the timber from sale. The
79.26appraised value of the timber and the forestry practices to be followed in the cutting of
79.27said timber shall be approved by the commissioner of natural resources.
79.28 (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be
79.29made in cash at the time of the timber sale, except in the case of oral or sealed bid auction
79.30sales, the down payment shall be no less than 15 percent of the appraised value, and the
79.31balance shall be paid prior to entry. In the case of auction sales that are partitioned and
79.32sold as a single sale with predetermined cutting blocks, the down payment shall be no less
79.33than 15 percent of the appraised price of the entire timber sale which may be held until the
79.34satisfactory completion of the sale or applied in whole or in part to the final cutting block.
79.35The value of each separate block must be paid in full before any cutting may begin in that
80.1block. With the permission of the county contract administrator the purchaser may enter
80.2unpaid blocks and cut necessary timber incidental to developing logging roads as may
80.3be needed to log other blocks provided that no timber may be removed from an unpaid
80.4block until separately scaled and paid for. If payment is provided as specified in this
80.5paragraph as security under paragraph (a) and no cutting has taken place on the contract,
80.6the county auditor may credit the security provided, less any down payment required for
80.7an auction sale under this paragraph, to any other contract issued to the contract holder
80.8by the county under this chapter to which the contract holder requests in writing that it
80.9be credited, provided the request and transfer is made within the same calendar year as
80.10the security was received.
80.11 (c) The county board may
80.12
80.13from which timber is to be sold by scale of cut products shall be so designated in the
80.14published notice of sale under paragraph (a), in which case the notice shall contain a
80.15description of the parcels, a statement of the estimated quantity of each species of timber,
80.16and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as
80.17the case may be. In those cases any bids offered over and above the appraised prices shall
80.18be by percentage, the percent bid to be added to the appraised price of each of the different
80.19species of timber advertised on the land. The purchaser of timber from the parcels shall
80.20pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of
80.21sale as estimated to be standing on the land, and in addition shall pay at the same rate for
80.22any additional amounts which the final scale shows to have been cut or was available for
80.23cutting on the land at the time of sale under the terms of the sale. Where the final scale
80.24of cut products shows that less timber was cut or was available for cutting under terms
80.25of the sale than was originally paid for, the excess payment shall be refunded from the
80.26forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the
80.27county board as in case of other claims against the county. No timber, except hardwood
80.28pulpwood, may be removed from the parcels of land or other designated landings until
80.29scaled by a person or persons designated by the county board and approved by the
80.30commissioner of natural resources. Landings other than the parcel of land from which
80.31timber is cut may be designated for scaling by the county board by written agreement
80.32with the purchaser of the timber. The county board may, by written agreement with the
80.33purchaser and with a consumer designated by the purchaser when the timber is sold by the
80.34county auditor, and with the approval of the commissioner of natural resources, accept the
80.35consumer's scale of cut products delivered at the consumer's landing. No timber shall be
80.36removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in
81.1appraised valuation may be sold for not less than the full appraised value at private sale
81.2to individual persons without first publishing notice of sale or calling for bids, provided
81.3that in case of a sale involving a total appraised value of more than $200 the sale shall be
81.4made subject to final settlement on the basis of a scale of cut products in the manner above
81.5provided and not more than two of the sales, directly or indirectly to any individual shall
81.6be in effect at one time.
81.7 (d) As directed by the county board, the county auditor may lease tax-forfeited land
81.8to individuals, corporations or organized subdivisions of the state at public or private sale,
81.9and at the prices and under the terms as the county board may prescribe, for use as cottage
81.10and camp sites and for agricultural purposes and for the purpose of taking and removing of
81.11hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden
81.12sites and other temporary uses provided that no leases shall be for a period to exceed ten
81.13years; provided, further that any leases involving a consideration of more than $12,000 per
81.14year, except to an organized subdivision of the state shall first be offered at public sale in
81.15the manner provided herein for sale of timber. Upon the sale of any leased land, it shall
81.16remain subject to the lease for not to exceed one year from the beginning of the term of the
81.17lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation
81.18shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be
81.19audited and allowed by the county board as in case of other claims against the county.
81.20 (e) As directed by the county board, the county auditor may lease tax-forfeited land
81.21to individuals, corporations, or organized subdivisions of the state at public or private sale,
81.22at the prices and under the terms as the county board may prescribe, for the purpose
81.23of taking and removing for use for road construction and other purposes tax-forfeited
81.24stockpiled iron-bearing material. The county auditor must determine that the material is
81.25needed and suitable for use in the construction or maintenance of a road, tailings basin,
81.26settling basin, dike, dam, bank fill, or other works on public or private property, and
81.27that the use would be in the best interests of the public. No lease shall exceed ten years.
81.28The use of a stockpile for these purposes must first be approved by the commissioner of
81.29natural resources. The request shall be deemed approved unless the requesting county
81.30is notified to the contrary by the commissioner of natural resources within six months
81.31after receipt of a request for approval for use of a stockpile. Once use of a stockpile has
81.32been approved, the county may continue to lease it for these purposes until approval is
81.33withdrawn by the commissioner of natural resources.
81.34 (f) The county auditor, with the approval of the county board is authorized to grant
81.35permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean
81.36ores, tailings, or waste products from mines or ore milling plants, upon the conditions and
82.1for the consideration and for the period of time, not exceeding 15 years, as the county
82.2board may determine. The permits, licenses, or leases are subject to approval by the
82.3commissioner of natural resources.
82.4 (g) Any person who removes any timber from tax-forfeited land before said
82.5timber has been scaled and fully paid for as provided in this subdivision is guilty of a
82.6misdemeanor.
82.7 (h) The county auditor may, with the approval of the county board, and without first
82.8offering at public sale, grant leases, for a term not exceeding 25 years, for the removal
82.9of peat and for the production or removal of farm-grown closed-loop biomass as defined
82.10in section
82.11lands upon the terms and conditions as the county board may prescribe. Any lease for
82.12the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops
82.13from tax-forfeited lands must first be reviewed and approved by the commissioner of
82.14natural resources if the lease covers 320 or more acres. No lease for the removal of
82.15peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by
82.16the county auditor pursuant to this section without first holding a public hearing on the
82.17auditor's intention to lease. One printed notice in a legal newspaper in the county at least
82.18ten days before the hearing, and posted notice in the courthouse at least 20 days before
82.19the hearing shall be given of the hearing.
82.20 (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis
82.21County auditor may, at the discretion of the county board, sell timber to the party who
82.22bids the highest price for all the several kinds of timber, as provided for sales by the
82.23commissioner of natural resources under section
82.24appraised price need not be applied proportionately to the appraised price of each of
82.25the different species of timber.
82.26 (j) In lieu of any payment or deposit required in paragraph (b), as directed by the
82.27county board and under terms set by the county board, the county auditor may accept an
82.28irrevocable bank letter of credit in the amount equal to the amount otherwise determined
82.29in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph,
82.30at the written request of the purchaser, the county may periodically allow the bank letter
82.31of credit to be reduced by an amount proportionate to the value of timber that has been
82.32harvested and for which the county has received payment. The remaining amount of
82.33the bank letter of credit after a reduction under this paragraph must not be less than 20
82.34percent of the value of the timber purchased. If an irrevocable bank letter of credit or
82.35cash deposit is provided for the down payment required in paragraph (b), and no cutting
82.36of timber has taken place on the contract for which a letter of credit has been provided,
83.1the county may allow the transfer of the letter of credit to any other contract issued to the
83.2contract holder by the county under this chapter to which the contract holder requests in
83.3writing that it be credited.
83.4 Sec. 77. Minnesota Statutes 2006, section 296A.18, subdivision 4, is amended to read:
83.5 Subd. 4. All-terrain vehicle. Approximately
83.6received in or produced or brought into this state, except gasoline used for aviation
83.7purposes, is being used for the operation of all-terrain vehicles in this state, and of the total
83.8revenue derived from the imposition of the gasoline fuel tax,
83.9the amount of tax on fuel used in all-terrain vehicles operated in this state.
83.10 Sec. 78. Laws 2003, chapter 128, article 1, section 169, is amended to read:
83.11 Sec. 169. CONTINUOUS TRAIL DESIGNATION.
83.12 (a) The commissioner of natural resources shall locate, plan, design, map, construct,
83.13designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles
83.14of not less than 70 continuous miles in length on any land owned by the state or in
83.15cooperation with any county on land owned by that county or on a combination of any of
83.16these lands. This new trail shall be ready for use by
83.17 (b) All funding for this new trail shall come from the all-terrain vehicle dedicated
83.18account and is appropriated each year as needed.
83.19 (c) This new trail shall have at least two areas of access complete with appropriate
83.20parking for vehicles and trailers and enough room for loading and unloading all-terrain
83.21vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not
83.22inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle
83.23trail. This new trail may be of a continuous loop design and shall provide for spurs to other
83.24all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles
83.25of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.
83.26 Sec. 79. Laws 2006, chapter 236, article 1, section 21, is amended to read:
83.27 Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
83.28ITASCA COUNTY.
83.29 (a) For the purpose of a land exchange for use in connection with a proposed
83.30steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
83.31subdivision 3, title examination and approval of the land described in paragraph (b)
83.32shall be undertaken as a condition of exchange of the land for class B land, and shall be
83.33governed by Minnesota Statutes, section
84.1of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
84.2section
84.3reports or title insurance commitments prepared or underwritten by a title insurer licensed
84.4to conduct title insurance business in this state, regardless of whether abstracts were
84.5created or updated in the preparation of the title reports or commitments. The opinion of
84.6the county attorney, and approval by the attorney general, shall be based on those title
84.7reports or commitments.
84.8 (b) The land subject to this section is located in Itasca County and is described as:
84.9 (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
84.1056 North, Range 22 West;
84.11 (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
84.12 (3) Section 30, Township 57 North, Range 22 West; and
84.13 (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
84.14 (c) Riparian land given in exchange by Itasca County for the purpose of the steel
84.15mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
84.16Statutes, section
84.17 (d) Notwithstanding Minnesota Statutes, sections
84.18and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell,
84.19by private sale, any land received in exchange for the purpose of the steel mill referenced
84.20in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The
84.21sale must be in a form approved by the attorney general.
84.22 (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other
84.23law to the contrary, land acquired through an exchange under this section is exempt from
84.24payment of three percent of the sales price required to be collected by the county auditor
84.25at the time of sale for deposit in the state treasury.
84.26 Sec. 80. ENDOCRINE DISRUPTOR REPORT.
84.27 The commissioner of the Pollution Control Agency shall prepare a report on
84.28strategies to prevent the entry of endocrine disruptors into waters of the state. The report
84.29must include an estimate for each strategy of the proportion of endocrine disruptors that
84.30are prevented from entering the waters of the state. The commissioner shall submit the
84.31report to the house and senate committees having jurisdiction over environment and
84.32natural resources policy and finance by January 15, 2008.
84.33 Sec. 81. EASEMENT REPORT REQUIRED.
85.1 By January 1, 2008, the commissioner of natural resources must report to the
85.2house and senate committees with jurisdiction over environment and natural resources
85.3finance with proposed minimum legal and conservation standards that could be applied
85.4to conservation easements acquired with public money.
85.5 Sec. 82. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
85.6 Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
85.7the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of
85.820 years, for use as a tailings basin and buffer area. A lease entered under this section
85.9is renewable.
85.10 Sec. 83. WILD RICE STUDY.
85.11 By February 15, 2008, the commissioner of natural resources must prepare a study
85.12for natural wild rice that includes:
85.13 (1) the current location and estimated acreage and area of natural stands;
85.14 (2) identified threats to natural stands, including, but not limited to, development
85.15pressure, water levels, pollution, invasive species, and genetic strains; and
85.16 (3) recommendations to the house and senate committees with jurisdiction over
85.17natural resources on protecting and increasing natural wild rice stands in the state.
85.18 In developing the study, the commissioner must contact and ask for comments
85.19from the state's wild rice industry, the commissioner of agriculture, local officials with
85.20significant areas of wild rice within their jurisdictions, tribal leaders within affected
85.21federally recognized tribes, and interested citizens.
85.22EFFECTIVE DATE.This section is effective the day following final enactment.
85.23 Sec. 84. CONSTRUCTION.
85.24 Nothing in sections 73, 74, 75, and 83 affects, alters, or modifies the authorities,
85.25responsibilities, obligations, or powers of the state or any political subdivision thereof or
85.26any federally recognized tribe.
85.27 Sec. 85. SEPTIC BEST PRACTICES ASSISTANCE.
85.28 The commissioner of the Pollution Control Agency shall establish a database of
85.29best practices regarding the installation, management, and maintenance of individual
85.30sewage treatment systems. The database must be made available to any interested public
85.31or private party.
86.1 Sec. 86. RULEMAKING.
86.2 Within 90 days of the effective date of this section, the Board of Water and Soil
86.3Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate
86.4statute changes and to address the related wetland exemption provisions in Minnesota
86.5Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions
86.6in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the
86.7rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes,
86.8section 14.386, applies and the proposed rules must be submitted to the senate and house
86.9committees having jurisdiction over environment and natural resources at least 30 days
86.10prior to being published in the State Register. The amended rules are effective for two
86.11years from the date of publication in the State Register unless they are superseded by
86.12permanent rules.
86.13EFFECTIVE DATE.This section is effective the day following final enactment.
86.14 Sec. 87. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
86.15 (a) The following area is established and designated as the Vermillion Highlands
86.16Wildlife Management Area, subject to the special permitted uses authorized in this section:
86.17 The approximately 2,840 acres owned by the University of Minnesota lying within
86.18the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of
86.19Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the
86.20West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
86.2119 West, Dakota County.
86.22 (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
86.23(c), permitted uses in the Vermillion Highlands Wildlife Management Area include:
86.24 (1) education, outreach, and agriculture with the intent to eventually phase out
86.25agriculture leases and plant and restore native prairie;
86.26 (2) research by the University of Minnesota or other permitted researchers;
86.27 (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related
86.28recreation of a natural outdoors experience, without constructing new hard surface trails
86.29or roads, and supporting management and improvements;
86.30 (4) designated trails for hiking, horseback riding, biking, and cross-country skiing
86.31and necessary trailhead support with minimal impact on the permitted uses in clause (3);
86.32 (5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and
86.33pistol shooting, including sanctioned events and training for responsible handling and
86.34use of firearms;
86.35 (6) grant-in-aid snowmobile trails; and
87.1 (7) leases for small-scale farms to market vegetable farming.
87.2 (c) With the concurrence of representatives of the University of Minnesota and
87.3Dakota County, the commissioner of natural resources may, by posting or rule, restrict the
87.4permitted uses as follows:
87.5 (1) temporarily close areas or trails, by posting at the access points, to facilitate
87.6hunting. When temporarily closing trails under this clause, the commissioner shall avoid
87.7closing all trail loops simultaneously whenever practical; or
87.8 (2) limit other permitted uses to accommodate hunting and trapping after providing
87.9advance public notice. Research conducted by the university may not be limited unless
87.10mutually agreed by the commissioner and the University of Minnesota.
87.11 (d) Road maintenance within the wildlife management area shall be minimized, with
87.12the intent to abandon interior roads when no longer needed for traditional agriculture
87.13purposes.
87.14 (e) Money collected on leases from lands within the wildlife management area
87.15must be kept in a separate account and spent within the wildlife management area under
87.16direction of the representatives listed in paragraph (c). $200,000 of this money may be
87.17transferred to the commissioner of natural resources for a master planning process and
87.18resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision
87.196, in order to provide needed prairie and wetland restoration. The commissioner must work
87.20with affected officials from the University of Minnesota and Dakota County to complete
87.21these requirements and inform landowners and lessees about the planning process.
87.22 (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state
87.23of Minnesota shall not provide payments in lieu of taxes for the lands described in
87.24paragraph (a).
87.25 Sec. 88. REPEALER.
87.26(a) Minnesota Statutes 2006, section 89A.11, is repealed.
87.27(b) Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed.
87.28EFFECTIVE DATE.Paragraph (a) of this section is effective July 1, 2007.
87.29Paragraph (b) of this section is effective the day following final enactment.