2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for environmental, 1.4 natural resource, and agricultural purposes; 1.5 establishing and modifying certain programs; providing 1.6 for regulation of certain activities and practices; 1.7 providing for accounts, assessments, and fees; 1.8 amending Minnesota Statutes 1996, sections 17.76, by 1.9 adding a subdivision; 32.394, subdivision 11; 32.415; 1.10 84.0273; 84.0887, subdivision 2; 84.794, subdivision 1.11 1; 84.803, subdivision 1; 84.927, subdivision 2; 1.12 85.015, by adding a subdivision; 85.22, subdivision 1.13 2a; 85A.04, subdivision 4; 86A.23; 86B.415, 1.14 subdivision 9; 92.06, subdivision 4; 92.16, 1.15 subdivision 1; 92.46, by adding a subdivision; 94.10, 1.16 subdivision 2; 94.165; 97B.667; 103C.501, subdivision 1.17 6; 103F.378, subdivision 1; 115.03, subdivision 5; 1.18 115A.54, subdivision 2a; 116.07, by adding a 1.19 subdivision; 296.421, subdivision 5; 300.111, by 1.20 adding a subdivision; 308A.101, by adding a 1.21 subdivision; 308A.201, by adding a subdivision; 1.22 325E.10, subdivision 2, and by adding subdivisions; 1.23 325E.11; 325E.112, subdivision 2; 373.01, subdivision 1.24 1; Laws 1995, chapter 220, section 19, subdivision 11; 1.25 and Laws 1996, chapters 351, section 2; and 463, 1.26 section 7, subdivision 24; proposing coding for new 1.27 law in Minnesota Statutes, chapters 4; 17; 92; 115; 1.28 116; and 219; repealing Minnesota Statutes 1996, 1.29 sections 1.31; 1.32; 1.33; 1.34; 1.35; 1.36; 1.37; 1.30 1.38; 1.39; 1.40; 84B.11; and 115A.9523; Laws 1995, 1.31 chapters 77, section 3; and 220, section 21; Minnesota 1.32 Rules, part 7009.0060. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 1.35 The sums shown in the columns marked "APPROPRIATIONS" are 1.36 appropriated from the general fund, or another named fund, to 1.37 the agencies and for the purposes specified in this act, to be 1.38 available for the fiscal years indicated for each purpose. The 1.39 figures "1997," "1998," and "1999," where used in this act, mean 2.1 that the appropriation or appropriations listed under them are 2.2 available for the year ending June 30, 1997, June 30, 1998, or 2.3 June 30, 1999, respectively. 2.4 APPROPRIATIONS 2.5 Available for the Year 2.6 Ending June 30 2.7 1998 1999 2.8 Sec. 2. POLLUTION CONTROL 2.9 AGENCY 2.10 Subdivision 1. Total 2.11 Appropriation 43,273,000 39,953,000 2.12 Summary by Fund 2.13 General 14,580,000 10,837,000 2.14 Petroleum Tank 3,177,000 3,227,000 2.15 State Government 2.16 Special Revenue 42,000 43,000 2.17 Special Revenue 740,000 755,000 2.18 Environmental 18,558,000 18,768,000 2.19 Metro Landfill 2.20 Contingency 137,000 140,000 2.21 Solid Waste 6,039,000 6,183,000 2.22 The amounts that may be spent from this 2.23 appropriation for each program are 2.24 specified in the following subdivisions. 2.25 Subd. 2. Protection of the Water 2.26 12,914,000 10,419,000 2.27 Summary by Fund 2.28 General 10,376,000 7,820,000 2.29 State Government 2.30 Special Revenue 42,000 43,000 2.31 Environmental 2,496,000 2,556,000 2.32 $1,946,000 the first year is for grants 2.33 to local units of government for the 2.34 clean water partnership program. Any 2.35 unencumbered balance remaining in the 2.36 first year does not cancel and is 2.37 available for the second year of the 2.38 biennium. 2.39 $515,000 the first year and $519,000 2.40 the second year are for the Minnesota 2.41 River nonpoint source pollution program 2.42 and must be matched by federal dollars. 2.43 $855,000 the first year and $855,000 2.44 the second year are for grants for 2.45 county administration of the feedlot 2.46 permit program. This amount is 2.47 transferred to the board of water and 2.48 soil resources for disbursement in 3.1 accordance with Minnesota Statutes, 3.2 section 103B.3369, in cooperation with 3.3 the pollution control agency. Grants 3.4 must be matched with a combination of 3.5 local cash and/or in-kind 3.6 contributions. Counties receiving 3.7 these grants shall submit an annual 3.8 report to the pollution control agency 3.9 regarding activities conducted under 3.10 the grant, expenditures made, and local 3.11 match contributions. First priority 3.12 for funding shall be given to counties 3.13 that have requested and received 3.14 delegation from the pollution control 3.15 agency for processing of animal feedlot 3.16 permit applications under Minnesota 3.17 Statutes, section 116.07, subdivision 3.18 7. Delegated counties shall be 3.19 eligible to receive a grant of $5,000 3.20 plus either: $15 multiplied by the 3.21 number of livestock or poultry farms 3.22 with sales greater than $10,000, as 3.23 reported in the 1992 Census of 3.24 Agriculture, published by the United 3.25 States Bureau of Census; or $25 3.26 multiplied by the number of feedlots 3.27 with greater than ten animal units as 3.28 determined by a level 2 or level 3 3.29 feedlot inventory conducted in 3.30 accordance with the Feedlot Inventory 3.31 Guidebook published by the board of 3.32 water and soil resources, dated June 3.33 1991. To receive the additional 3.34 funding that is based on the county 3.35 feedlot inventory, the county shall 3.36 submit a copy of the inventory to the 3.37 pollution control agency. Any 3.38 remaining money is for distribution to 3.39 all counties on a competitive basis 3.40 through the challenge grant process for 3.41 the conducting of feedlot inventories, 3.42 development of delegated county feedlot 3.43 programs, and for information and 3.44 education or technical assistance 3.45 efforts to reduce feedlot-related 3.46 pollution hazards. 3.47 $632,000 the first year and $582,000 3.48 the second year are for integrated 3.49 water monitoring using biology, 3.50 chemistry, hydrology, and habitat 3.51 assessment for water quality 3.52 assessment; lake monitoring through 3.53 local groups; volunteer monitoring for 3.54 streams and rivers; and coordination of 3.55 water monitoring with other states and 3.56 local governments, storage, and 3.57 dissemination of data. Of this amount 3.58 $250,000 in the first year and $200,000 3.59 in the second year are for grants to 3.60 the metropolitan council for monitoring 3.61 sites on the Minnesota river and 3.62 tributaries, automated monitoring sites 3.63 in metropolitan area watersheds, and 3.64 assessment of best management practices 3.65 for control of nonpoint source 3.66 pollution. 3.67 $500,000 the first year is for a grant 3.68 to the University of Minnesota to 3.69 prepare a work program with the 4.1 pollution control agency, local 4.2 municipalities and other groups for the 4.3 development of two pilot water quality 4.4 utility cooperatives that own or 4.5 control alternative discharging sewage 4.6 systems, as defined in Minnesota 4.7 Statutes, section 115.58, subdivision 4.8 1, paragraph (b). The amounts 4.9 appropriated may be used for public 4.10 education of the purposes and benefits 4.11 of water quality treatment and 4.12 management by water quality utility 4.13 cooperatives and other costs defined as 4.14 eligible costs under Minnesota 4.15 Statutes, section 116.16, subdivision 4.16 2, clause (6), and capital cost 4.17 components under Minnesota Statutes, 4.18 section 471A.02, subdivision 3. The 4.19 eligible costs for funding a water 4.20 quality utility cooperative under this 4.21 item may also be eligible to constitute 4.22 a revolving fund held by a nonprofit 4.23 support organization affiliated with 4.24 the University of Minnesota for the 4.25 further education, research, 4.26 development and other support for water 4.27 quality treatment and management by the 4.28 University of Minnesota in the state. 4.29 The support organization may also 4.30 require any water quality utility 4.31 cooperative established under Minnesota 4.32 Statutes, chapter 308A, to pay a 4.33 reasonable annual license fee not to 4.34 exceed five percent of the annual gross 4.35 revenues for the purposes of ensuring 4.36 the ongoing support of the University 4.37 for water quality utility cooperatives 4.38 and water quality treatment and 4.39 management. As a condition of 4.40 acceptance of this grant, the 4.41 University must submit a work program 4.42 and submit semiannual progress reports 4.43 as provided in Minnesota Statutes, 4.44 section 116P.05, subdivision 2, 4.45 paragraph (c). 4.46 $163,000 the first year is for a grant 4.47 to the University of Minnesota 4.48 Extension Service for public education 4.49 programs in Nicollet county which 4.50 promote improved farm management 4.51 practices on feedlot management and 4.52 watershed protection. 4.53 $440,000 the first year and $440,000 4.54 the second year are for administration 4.55 of the point source pollution program. 4.56 $200,000 the first year and $200,000 4.57 the second year are for community 4.58 technical assistance and education, 4.59 including grants and technical 4.60 assistance to communities for local and 4.61 basin-wide water quality protection. 4.62 $145,000 the first year and $145,000 4.63 the second year are for individual 4.64 sewage treatment system administration. 4.65 $100,000 the first year and $100,000 4.66 the second year are for administration 5.1 of the wastewater infrastructure fund 5.2 (WIF) construction program. 5.3 Subd. 3. Protection of the Air 5.4 7,639,000 7,800,000 5.5 Summary by Fund 5.6 Environmental 6,899,000 7,045,000 5.7 Special Revenue 740,000 755,000 5.8 Up to $150,000 the first year and 5.9 $150,000 the second year may be 5.10 transferred to the small business 5.11 environmental loan account established 5.12 in Minnesota Statutes, section 116.992. 5.13 $200,000 the first year and $200,000 5.14 the second year are for a monitoring 5.15 program under Minnesota Statutes, 5.16 section 116.454. 5.17 Subd. 4. Protection of the 5.18 Land 5.19 15,529,000 15,645,000 5.20 Summary by Fund 5.21 General 1,679,000 1,699,000 5.22 Petroleum Tank 2,744,000 2,785,000 5.23 Environmental 6,013,000 5,948,000 5.24 Metro Landfill 5.25 Contingency 129,000 132,000 5.26 Solid Waste 4,964,000 5,081,000 5.27 All money in the environmental 5.28 response, compensation, and compliance 5.29 account in the environmental fund not 5.30 otherwise appropriated is appropriated 5.31 to the commissioners of the pollution 5.32 control agency and the department of 5.33 agriculture for purposes of Minnesota 5.34 Statutes, section 115B.20, subdivision 5.35 2, clauses (1), (2), (3), (4), (11), 5.36 (12), and (13). At the beginning of 5.37 each fiscal year, the two commissioners 5.38 shall jointly submit an annual spending 5.39 plan to the commissioner of finance 5.40 that maximizes the utilization of 5.41 resources and appropriately allocates 5.42 the money between the two agencies. 5.43 This appropriation is available until 5.44 June 30, 1999. 5.45 Any unencumbered balance from the 5.46 metropolitan landfill contingency 5.47 action trust fund remaining in the 5.48 first year does not cancel but is 5.49 available for the second year. 5.50 $51,000 the first year and $52,000 the 5.51 second year are from the solid waste 5.52 fund for transfer to the commissioner 5.53 of revenue to enhance compliance and 6.1 collection of solid waste assessments. 6.2 Subd. 5. General Support 6.3 7,191,000 6,089,000 6.4 Summary by Fund 6.5 General 2,525,000 1,318,000 6.6 Petroleum Tank 433,000 442,000 6.7 Environmental 3,150,000 3,219,000 6.8 Metro Landfill 6.9 Contingency 8,000 8,000 6.10 Solid Waste 1,075,000 1,102,000 6.11 $500,000 is for a grant to the city of 6.12 Andover for cleanup of hazardous 6.13 waste. This appropriation is available 6.14 until June 30, 1999. 6.15 The $737,500 appropriated from the 6.16 solid waste fund to the commissioner of 6.17 the pollution control agency in Laws 6.18 1996, chapter 470, section 24, is 6.19 canceled on July 1, 1997, and $738,000 6.20 is appropriated in fiscal year 1998 to 6.21 the commissioner of the pollution 6.22 control agency for the same purposes as 6.23 the original appropriation. 6.24 Sec. 3. OFFICE OF ENVIRONMENTAL 6.25 ASSISTANCE 20,463,000 20,539,000 6.26 Summary by Fund 6.27 General 19,211,000 19,277,000 6.28 Environmental 1,252,000 1,262,000 6.29 $14,008,000 the first year and 6.30 $14,008,000 the second year are for the 6.31 SCORE block grants to counties. 6.32 Any unencumbered grant and loan 6.33 balances in the first year do not 6.34 cancel but are available for grants and 6.35 loans in the second year. 6.36 All money in the metropolitan landfill 6.37 abatement account in the environmental 6.38 fund not otherwise appropriated is 6.39 appropriated to the office of 6.40 environmental assistance for the 6.41 purposes of Minnesota Statutes, section 6.42 473.844. 6.43 Sec. 4. ZOOLOGICAL BOARD 5,521,000 5,368,000 6.44 $226,000 in the first year is for 6.45 computer systems. 6.46 Sec. 5. NATURAL RESOURCES 6.47 Subdivision 1. Total 6.48 Appropriation 206,225,000 182,003,000 6.49 Summary by Fund 7.1 General 126,621,000 100,566,000 7.2 Natural Resources 23,940,000 24,186,000 7.3 Game and Fish 55,564,000 57,151,000 7.4 Solid Waste 100,000 100,000 7.5 The amounts that may be spent from this 7.6 appropriation for each program are 7.7 specified in the following subdivisions. 7.8 Subd. 2. Mineral Resources Management 7.9 8,799,000 4,883,000 7.10 Summary by Fund 7.11 General 8,799,000 4,883,000 7.12 $311,000 the first year and $311,000 7.13 the second year are for iron ore 7.14 cooperative research, of which $225,000 7.15 the first year and $225,000 the second 7.16 year are available only as matched by 7.17 $1 of nonstate money for each $1 of 7.18 state money. Any unencumbered balance 7.19 remaining in the first year does not 7.20 cancel but is available for the second 7.21 year. 7.22 $376,000 the first year and $377,000 7.23 the second year are for mineral 7.24 diversification. Any unencumbered 7.25 balance remaining in the first year 7.26 does not cancel but is available for 7.27 the second year. 7.28 $46,000 the first year and $47,000 the 7.29 second year are for minerals 7.30 cooperative environmental research, of 7.31 which $30,000 the first year and 7.32 $30,000 the second year are available 7.33 only as matched by $1 of nonstate money 7.34 for each $1 of state money. Any 7.35 unencumbered balance remaining in the 7.36 first year does not cancel but is 7.37 available for the second year. 7.38 $4,000,000 the first year is for a 7.39 grant to develop a direct reduction 7.40 iron processing facility in Minnesota. 7.41 This appropriation is available until 7.42 July 1, 1999. 7.43 Subd. 3. Water Resources Management 7.44 10,431,000 9,435,000 7.45 Summary by Fund 7.46 General 10,180,000 9,179,000 7.47 Natural Resources 251,000 256,000 7.48 $95,000 the first year and $95,000 the 7.49 second year are for a grant to the 7.50 Mississippi headwaters board for up to 7.51 50 percent of the cost of implementing 7.52 the comprehensive plan for the upper 7.53 Mississippi within areas under its 8.1 jurisdiction. 8.2 $17,000 the first year and $17,000 the 8.3 second year are for payment to the 8.4 Leech Lake Band of Chippewa Indians to 8.5 implement its portion of the 8.6 comprehensive plan for the upper 8.7 Mississippi. 8.8 $400,000 the first year and $400,000 8.9 the second year are for water 8.10 monitoring activities, including 8.11 gauging of priority lakes and 8.12 watersheds, dissemination of 8.13 information, replacement of equipment, 8.14 and installation of observation wells, 8.15 groundwater sensitivity maps, and 8.16 documentation. 8.17 $70,000 the first year is to the city 8.18 of Granite Falls for restoration of the 8.19 banks of the Minnesota river within the 8.20 city limits. 8.21 $400,000 the first year is for a grant 8.22 to the St. Paul Foundation for 8.23 restoring native vegetation along the 8.24 Mississippi river through the Greening 8.25 the Great River Park Project. Money is 8.26 available for the grant to the extent 8.27 matched by an expenditure of money from 8.28 nonstate sources for the project until 8.29 June 30, 1999. 8.30 $190,000 the first year is for a grant 8.31 to the city of East Grand Forks for a 8.32 river bank stabilization project on the 8.33 Red Lake River and the Red River of the 8.34 North. The appropriation is available 8.35 until June 30, 1999. 8.36 $500,000 the first year is for a grant 8.37 to the city of Thief River Falls for 8.38 dredging projects within the city on 8.39 the Red Lake river and the Thief 8.40 river. The appropriation is available 8.41 until June 30, 1999. 8.42 Subd. 4. Forest Management 8.43 35,172,000 33,346,000 8.44 Summary by Fund 8.45 General 34,729,000 32,894,000 8.46 Natural Resources 443,000 452,000 8.47 $2,771,000 the first year and 8.48 $2,808,000 the second year are for 8.49 presuppression and suppression costs of 8.50 emergency fire fighting. If the 8.51 amounts provided by fiscal year are 8.52 insufficient to cover all costs of 8.53 suppression, the amount necessary to 8.54 pay for emergency firefighting expenses 8.55 during the biennium is appropriated 8.56 from the general fund. 8.57 $750,000 the first year and $750,000 8.58 the second year are for white pine 9.1 restoration. 9.2 $300,000 the first year and $300,000 9.3 the second year are for grants to the 9.4 counties of Becker, Clearwater, and 9.5 Hubbard for reforestation, timber stand 9.6 improvements, aerial photography, and 9.7 new forest inventories in areas damaged 9.8 by windstorms in July 1995. The 9.9 appropriation is available until June 9.10 30, 1999. 9.11 $1,000,000 the first year is for the 9.12 corps to career community service 9.13 program. The commissioner may allocate 9.14 up to five percent of the appropriation 9.15 for the cost of administering the 9.16 program, which includes providing 9.17 health and child care coverage to 9.18 eligible individuals and their 9.19 dependents under Minnesota Statutes, 9.20 section 84.0887, subdivision 2, to the 9.21 extent such coverage is not otherwise 9.22 available. 9.23 $500,000 the first year is for grants 9.24 to local community forest ecosystem 9.25 health programs. The appropriations 9.26 are available until expended. The 9.27 commissioner of natural resources shall 9.28 allocate individual grants of up to 9.29 $10,000 to local communities that have 9.30 matching nonstate money available to 9.31 undertake projects that improve the 9.32 health of forest ecosystems, including 9.33 insect and disease suppression 9.34 programs, community-based forest health 9.35 education programs, and other 9.36 arboricultural treatments. 9.37 $120,000 the first year and $120,000 9.38 the second year are for the focus on 9.39 community forests program, to provide 9.40 communities with natural resources 9.41 technical assistance. 9.42 $700,000 the first year is for the 9.43 Minnesota Releaf program to provide 9.44 matching grants to local communities to 9.45 plant predominantly native trees. 9.46 $140,000 the first year is to develop 9.47 guidelines for communities and best 9.48 management practices for developers and 9.49 landowners in order to increase the 9.50 protection of woodlands being lost 9.51 through urbanization. 9.52 $1,018,000 the first year and 9.53 $1,030,000 the second year are for 9.54 implementation of the activities under 9.55 Minnesota Statutes, chapter 89A, 9.56 including the generic environmental 9.57 impact statement on timber harvesting. 9.58 Up to $240,000 the first year and 9.59 $190,000 the second year are available 9.60 for grants to the University of 9.61 Minnesota college of natural resources' 9.62 continuing education center, county 9.63 land departments for participation in 9.64 the Interagency Information 10.1 Cooperative, and for forest research 10.2 projects identified by the Minnesota 10.3 Forest Resources Council's research 10.4 advisory committee. 10.5 The commissioner must report to the 10.6 chairs of the house and senate 10.7 environment and natural resources 10.8 finance committee and division, by 10.9 February 1998, detailing progress 10.10 toward implementation of the 10.11 comprehensive timber harvesting and 10.12 forest management guidelines, and the 10.13 establishment of a framework for 10.14 conducting landscape-based forest 10.15 resource planning and coordination 10.16 under Minnesota Statutes, chapter 89A. 10.17 Subd. 5. Parks and Recreation 10.18 Management 10.19 29,227,000 28,289,000 10.20 Summary by Fund 10.21 General 28,596,000 27,657,000 10.22 Natural Resources 631,000 632,000 10.23 $631,000 the first year and $632,000 10.24 the second year are from the water 10.25 recreation account in the natural 10.26 resources fund for state park 10.27 development projects. If the 10.28 appropriation in either year is 10.29 insufficient, the appropriation for the 10.30 other year is available for it. 10.31 $4,500,000 the first year and 10.32 $4,500,000 the second year are for 10.33 payment of a grant to the metropolitan 10.34 council for metropolitan area regional 10.35 parks maintenance and operation. 10.36 $150,000 the first year and $150,000 10.37 the second year are for the development 10.38 and operation of Glendalough state park. 10.39 $150,000 the first year and $150,000 10.40 the second year are for the development 10.41 and operation of Cuyuna county state 10.42 recreation area. 10.43 $150,000 the first year is to survey 10.44 trails in state parks for accessibility 10.45 to persons with disabilities. This 10.46 appropriation is available until 10.47 expended. 10.48 $75,000 the first year is for 10.49 architectural design and engineering 10.50 studies for a Minnesota rock, gem, and 10.51 mineral interpretative center to be 10.52 located within Moose Lake state park 10.53 near prime rock collecting areas. The 10.54 commissioner shall initiate the 10.55 architectural and engineering design 10.56 for the center. The focal point of the 10.57 center shall be the display of Lake 10.58 Superior agates as well as rocks, gems, 10.59 minerals, and geologic artifacts 11.1 indigenous to Minnesota. The 11.2 commissioner shall consult with the 11.3 Minnesota geological survey and members 11.4 of state and local rock, gem, and 11.5 mineral associations on the design of 11.6 the center. The commissioner may 11.7 accept for display at the center rocks, 11.8 gems, minerals, and geologic artifacts 11.9 collected by individuals and 11.10 associations and shall enter into any 11.11 loan agreements necessary to protect 11.12 all parties from liability for loss or 11.13 damage to items loaned for display. 11.14 The commissioner shall prepare 11.15 information for visitors describing 11.16 geologic field trips and local rock 11.17 collecting opportunities and, in 11.18 addition, shall display and provide 11.19 written information on other areas of 11.20 the state that provide prime rock, gem, 11.21 and mineral collecting opportunities. 11.22 The commissioner shall consult with the 11.23 Minnesota Geological Society as well as 11.24 state and local rock, gem, and mineral 11.25 associations on the location of prime 11.26 collection sites and on the preparation 11.27 of field trip literature. This 11.28 appropriation is available until 11.29 expended. 11.30 $75,000 the first year is for a study 11.31 of the size and extent of the Minnesota 11.32 state park system. This study shall 11.33 contain a long-range plan to provide 11.34 for a state park system which will 11.35 preserve appropriate representations of 11.36 Minnesota's landscape regions and meet 11.37 future demands for state park 11.38 resources, environmental education, and 11.39 recreational opportunities. The plan 11.40 shall consider the demand for outdoor 11.41 recreation, gaps in the system, 11.42 recreation use trends and patterns, 11.43 natural and cultural resource needs, 11.44 land use trends, economic factors such 11.45 as costs and benefits, and other 11.46 relevant factors. The plan shall 11.47 contain recommendations for additions, 11.48 deletions, modifications, and 11.49 classifications for the system. The 11.50 plan shall be submitted to the chairs 11.51 of the senate and house of 11.52 representatives environment and natural 11.53 resources committees, the environment 11.54 and agriculture budget division of the 11.55 senate, and the house of 11.56 representatives environment and natural 11.57 resources finance committee by July 15, 11.58 1999. The commissioner shall not 11.59 contract with a consultant to manage 11.60 the study, develop recommendations and 11.61 conclusions, or write the plan 11.62 resulting from the study. 11.63 $50,000 the first year is for park 11.64 improvement. Of that amount, $25,000 11.65 is for building rehabilitation at 11.66 Interstate State Park, $25,000 is for 11.67 electrical rehabilitation at Wild River 11.68 State Park. 12.1 $1,000,000 the first year is for 12.2 resource protection activities in state 12.3 parks. This appropriation is a 12.4 one-time appropriation. 12.5 Subd. 6. Trails and Waterways 12.6 Management 12.7 22,103,000 14,979,000 12.8 Summary by Fund 12.9 General 8,377,000 1,377,000 12.10 Natural Resources 12,447,000 12,551,000 12.11 Game and Fish 1,279,000 1,051,000 12.12 $5,100,000 the first year and 12.13 $5,100,000 the second year are from the 12.14 snowmobile trails and enforcement 12.15 account in the natural resources fund 12.16 for snowmobile grants-in-aid. 12.17 $252,000 the first year and $254,000 12.18 the second year are from the water 12.19 recreation account in the natural 12.20 resources fund for a safe harbor 12.21 program on Lake Superior. Any 12.22 unencumbered balance at the end of the 12.23 first year does not cancel and is 12.24 available for the second year. 12.25 $2,400,000 the first year is for the 12.26 Taconite Harbor safe harbor project. 12.27 The full appropriation is available if 12.28 the project is not funded by the 12.29 federal government before January 1, 12.30 1998. If funded by the federal 12.31 government, this appropriation will be 12.32 available to the extent needed to meet 12.33 the federal matching requirements and 12.34 to construct the nonmatching part of 12.35 the project. If the full amount is not 12.36 needed for the Taconite Harbor project, 12.37 the remaining funds are available for 12.38 the safe harbor project in Two 12.39 Harbors. If made available, the 12.40 appropriation is available until 12.41 expended. 12.42 $125,000 the first year is for the 12.43 border-to-border trail study of the 12.44 trails and waterways division. The 12.45 border-to-border trail study shall 12.46 inventory and integrate local, 12.47 regional, and state trail systems and 12.48 plan for future development, including 12.49 identifying abandoned rail lines and 12.50 dual treadways. The Minnesota 12.51 recreational trail users association 12.52 shall serve as the advisory group to 12.53 the department of natural resources in 12.54 developing the study and plan. The 12.55 appropriation is available until June 12.56 30, 1999. 12.57 $1,000,000 the first year is for the 12.58 operation and maintenance of the state 12.59 trail system as defined in Minnesota 12.60 Statutes, chapter 86A. This is a 13.1 one-time appropriation. 13.2 $1,200,000 the first year is for 13.3 connections to the Gateway segment of 13.4 the Willard Munger trail to North St. 13.5 Paul high school property and to the 13.6 city of Roseville trail system. 13.7 $500,000 the first year is for trail 13.8 improvements. Of this amount, $128,000 13.9 is to develop the western extension of 13.10 the Root river state trail in the 13.11 Blufflands trail system, $211,000 is to 13.12 construct a parking lot at the Harmony 13.13 trailhead, and $161,000 is for 13.14 development of parking lot and trail 13.15 access improvements at Lanesboro. 13.16 $300,000 the first year is for a local 13.17 match for a department of 13.18 transportation ISTEA grant in the 13.19 amount of $663,000 for a proposed trail 13.20 between Pelican Rapids and Maplewood 13.21 state park. The appropriation is 13.22 available until June 30, 1999. If the 13.23 ISTEA grant is not awarded, the 13.24 appropriation is canceled. 13.25 $1,500,000 the first year is to provide 13.26 increased access to lakes and rivers 13.27 statewide through the provision of 13.28 fishing piers and shoreline access. 13.29 One-half of the amount is for access 13.30 within the seven-county metropolitan 13.31 area. This is a one-time appropriation. 13.32 Subd. 7. Fish and Wildlife Management 13.33 44,680,000 41,829,000 13.34 Summary by Fund 13.35 General 8,602,000 4,299,000 13.36 Natural Resources 2,013,000 2,048,000 13.37 Game and Fish 34,065,000 35,482,000 13.38 $305,000 the first year and $310,000 13.39 the second year are for resource 13.40 population surveys in the 1837 treaty 13.41 area. Of this amount, $104,000 the 13.42 first year and $106,000 the second year 13.43 are from the game and fish fund. 13.44 $923,000 the first year and $943,000 13.45 the second year are from the nongame 13.46 wildlife management account in the 13.47 natural resources fund for the purpose 13.48 of nongame wildlife management. Any 13.49 unencumbered balance remaining in the 13.50 first year does not cancel but is 13.51 available the second year. 13.52 $1,337,000 the first year and 13.53 $1,361,000 the second year are for the 13.54 reinvest in Minnesota programs of game 13.55 and fish, critical habitat, and 13.56 wetlands established under Minnesota 13.57 Statutes, section 84.95, subdivision 13.58 2. Any unencumbered balance for the 14.1 first year does not cancel but is 14.2 available for use the second year. 14.3 $1,110,000 the first year and 14.4 $1,117,000 the second year are from the 14.5 wildlife acquisition account for only 14.6 the purposes specified in Minnesota 14.7 Statutes, section 97A.071, subdivision 14.8 3. 14.9 $935,000 the first year and $956,000 14.10 the second year are from the deer 14.11 habitat improvement account for only 14.12 the purposes specified in Minnesota 14.13 Statutes, section 97A.075, subdivision 14.14 1, paragraph (b). 14.15 $60,000 the first year and $61,000 the 14.16 second year are from the deer and bear 14.17 management account for only the 14.18 purposes specified in Minnesota 14.19 Statutes, section 97A.075, subdivision 14.20 1, paragraph (c). 14.21 $668,000 the first year and $673,000 14.22 the second year are from the waterfowl 14.23 habitat improvement account for only 14.24 the purposes specified in Minnesota 14.25 Statutes, section 97A.075, subdivision 14.26 2. 14.27 $652,000 the first year and $654,000 14.28 the second year are from the trout and 14.29 salmon management account for only the 14.30 purposes specified in Minnesota 14.31 Statutes, section 97A.075, subdivision 14.32 3. 14.33 $545,000 the first year and $545,000 14.34 the second year are from the pheasant 14.35 habitat improvement account for only 14.36 the purposes specified in Minnesota 14.37 Statutes, section 97A.075, subdivision 14.38 4. 14.39 $292,000 the first year and $295,000 14.40 the second year are from the game and 14.41 fish fund for activities relating to 14.42 reduction and prevention of property 14.43 damage by wildlife. $50,000 each year 14.44 is for emergency damage abatement 14.45 materials. 14.46 $63,000 the first year and $63,000 the 14.47 second year are from the wild turkey 14.48 management account for only the 14.49 purposes specified in Minnesota 14.50 Statutes, section 97A.075, subdivision 14.51 5. 14.52 $100,000 the first year and $100,000 14.53 the second year are for water 14.54 monitoring activities, including 14.55 integrated monitoring using biology, 14.56 chemistry, hydrology, and habitat 14.57 assessment for water quality assessment. 14.58 $4,300,000 the first year is to the 14.59 critical habitat private sector 14.60 matching account for the purposes of 14.61 Minnesota Statutes, section 84.943. 15.1 $500,000 the first year and $500,000 15.2 the second year are for the wildlife 15.3 depredation program in section 72. 15.4 $100,000 the first year and $50,000 the 15.5 second year are for the prairie 15.6 right-of-way inventory in Minnesota 15.7 Statutes, sections 219.99 and 219.991. 15.8 $50,000 in the second year is for the 15.9 improvement guidelines in Minnesota 15.10 Statutes, section 219.991. 15.11 The positions for the forest ecologist, 15.12 metropolitan natural community 15.13 ecologist, and scientific and natural 15.14 areas volunteer stewardship coordinator 15.15 now in the unclassified service shall 15.16 be transferred without competitive 15.17 examination to the classified service 15.18 of the state. 15.19 Subd. 8. Enforcement 15.20 20,500,000 20,661,000 15.21 Summary by Fund 15.22 General 3,677,000 3,582,000 15.23 Natural Resources 4,684,000 4,705,000 15.24 Game and Fish 12,039,000 12,274,000 15.25 Solid Waste 100,000 100,000 15.26 $1,082,000 the first year and 15.27 $1,082,000 the second year are from the 15.28 water recreation account in the natural 15.29 resources fund for grants to counties 15.30 for boat and water safety. 15.31 $100,000 each year is from the solid 15.32 waste fund for solid waste enforcement 15.33 activities under Minnesota Statutes, 15.34 section 116.073. 15.35 $200,000 the first year is for 15.36 enforcement activities regarding the 15.37 1837 treaty. 15.38 Within the funding appropriated, there 15.39 shall be created a cooperative 15.40 snowmobile safety enforcement task 15.41 force consisting of six peace 15.42 officers. The task force shall include 15.43 four new full-time equivalent 15.44 conservation officers, three of whom 15.45 shall be funded in the dedicated 15.46 snowmobile account of the natural 15.47 resources fund in the enforcement 15.48 division and one full-time equivalent 15.49 funded in the general fund in the 15.50 division of parks. The sheriff's 15.51 office in the county where the task 15.52 force is working shall provide two 15.53 peace officers to the task force. Of 15.54 the four new conservation officer 15.55 positions, three of the persons hired 15.56 shall be from protected classes. 15.57 $197,000 the first year and $230,000 16.1 the second year are to recruit and 16.2 train members of the Southeast Asian 16.3 community for new conservation officer 16.4 positions that will begin after July 1, 16.5 1999. This appropriation is for 16.6 recruiting, screening, and training the 16.7 candidates, and for providing a monthly 16.8 stipend for the candidates, educational 16.9 costs, a program coordinator position, 16.10 and outreach locations within the 16.11 Southeast Asian community. 16.12 The commissioner shall maintain 16.13 historic levels of overtime and retain 16.14 field-based conservation officer 16.15 positions except in the event of 16.16 unanticipated budget shortfalls or 16.17 unallotments. The commissioner may 16.18 reduce these items in proportion with 16.19 other reductions in the division. 16.20 Subd. 9. Operations Support 16.21 35,313,000 28,581,000 16.22 Summary by Fund 16.23 General 23,661,000 16,695,000 16.24 Natural Resources 3,471,000 3,542,000 16.25 Game and Fish 8,181,000 8,344,000 16.26 The commissioner of natural resources 16.27 may contract with and make grants to 16.28 nonprofit agencies to carry out the 16.29 purposes, plans, and programs of the 16.30 office of youth programs, Minnesota 16.31 conservation corps. 16.32 $250,000 the first year is to be 16.33 transferred to the director of the 16.34 office of strategic and long-range 16.35 planning. The money is to be used for 16.36 a grant to the Northern Counties Land 16.37 Use Coordinating Board, contingent on 16.38 the board receiving $125,000 in local 16.39 matching funds. The grant is to be 16.40 used for developing a coordinated 16.41 planning process and comprehensive land 16.42 use plans pursuant to policy goals in 16.43 the National Environmental Policy Act, 16.44 United States Code, title 42, section 16.45 4331. 16.46 $425,000 the first year and $425,000 16.47 the second year are for the community 16.48 assistance program, including 16.49 metropolitan trout stream watershed 16.50 coordinators, Red River technical 16.51 assistance, northeast Minnesota public 16.52 affairs and communication, Metro 16.53 Greenways and natural areas assistance 16.54 and grants, and regional resource 16.55 enhancement grants. 16.56 $500,000 the first year is for a grant 16.57 to the city of Wabasha to be used for 16.58 the development of the American bald 16.59 eagle center. This appropriation must 16.60 be matched by $1 of nonstate money for 17.1 each $1 appropriated. The 17.2 appropriation is available for the 17.3 biennium ending June 30, 1999. 17.4 $228,000 the first year is for a grant 17.5 to Friends of Rydell Refuge 17.6 Association, Inc. The Friends of 17.7 Rydell Refuge must enter into a 17.8 memorandum of agreement with the United 17.9 States Fish and Wildlife Service to 17.10 provide for people with disabilities 17.11 the following facilities at Rydell 17.12 national wildlife refuge in Polk county: 17.13 (1) seven miles of paved trails, 17.14 including overlooks; (2) accessible 17.15 fishing pier, decks, landscaping, and 17.16 boardwalk at sights within the refuge; 17.17 (3) accessible restroom facilities; (4) 17.18 meeting room accessibility and visitor 17.19 center upgrade; and (5) target range 17.20 accessibility. Any amount unexpended 17.21 in fiscal year 1998 remains available 17.22 for expenditure in fiscal year 1999. 17.23 $250,000 the first year is to be used 17.24 to make payments on unpaid back ditch 17.25 assessments levied by Marshall and 17.26 Beltrami counties. 17.27 $125,000 the first year is for a grant 17.28 to the city of St. Paul for a four acre 17.29 Mississippi river floodplain wetland 17.30 restoration project in an unused former 17.31 marina harbor located within the Hidden 17.32 Falls/Crosby Farm Regional Park. 17.33 $155,000 the first year and $200,000 17.34 the second year are for the Southeast 17.35 Asian environmental education 17.36 internship and training program. 17.37 $200,000 the first year is for a grant 17.38 to the city of South St. Paul for 17.39 erosion control at Kaposia Park and 17.40 development of a regional trail 17.41 connection. Nonstate match funding of 17.42 $2 for every $1 of this appropriation 17.43 is required. 17.44 $85,000 the first year and $85,000 the 17.45 second year are for a grant to the 17.46 Minnesota Children's Museum for early 17.47 childhood environmental education that 17.48 introduces young children to the 17.49 natural environment through four 17.50 different Minnesota habitats. 17.51 $5,000,000 the first year is for a 17.52 grant to the city of St. Paul for 17.53 expenditures necessary to carry out the 17.54 Harriet Island redevelopment in 17.55 accordance with the Lilydale/Harriet 17.56 Island master plan. The appropriation 17.57 is available upon the provision by, or 17.58 for the benefit of, the city of St. 17.59 Paul of $5,000,000 as a local match 17.60 earmarked for expenditures necessary to 17.61 carry out the Harriet Island 17.62 redevelopment. Before the 17.63 appropriation or local match is spent 17.64 or obligated, the city of St. Paul must 18.1 seek public comments on the Harriet 18.2 Island redevelopment. 18.3 $700,000 the first year is for a grant 18.4 to independent school district No. 621, 18.5 Mounds View, to renovate the Laurentian 18.6 Environmental Learning Center located 18.7 in the Superior National Forest. 18.8 $55,000 the first year is for a grant 18.9 to Chippewa county for design and 18.10 engineering specifications for: (1) 18.11 expansion of the landing and boat 18.12 access on the Minnesota river at 18.13 Wegdahl and related development of a 18.14 regional park; and (2) development of a 18.15 15-mile multiuse trail along the 18.16 Minnesota river valley connecting the 18.17 city of Granite Falls to the Chippewa 18.18 county regional trail system. 18.19 $15,000 the first year is to study 18.20 realignment and safety enhancements of 18.21 the State Highway 95 trail between 18.22 County Road 4 and Elm Street in Marine 18.23 on St. Croix in Washington county that 18.24 can connect with the existing 18.25 recreation corridor on the Highway 95 18.26 shoulder to serve as a walking, 18.27 bicycling, and snowmobiling trail. 18.28 $80,000 the first year is for a grant 18.29 to Stearns county for the purpose of 18.30 completing a trail within Quarry Park 18.31 and Nature Preserve. 18.32 Sec. 6. BOARD OF WATER AND 18.33 SOIL RESOURCES 17,971,000 14,364,000 18.34 $5,353,000 the first year and 18.35 $5,353,000 the second year are for 18.36 natural resources block grants to local 18.37 governments. Of this amount, $50,000 18.38 in each year is for a grant to the 18.39 North Shore Management Board and 18.40 $35,000 in each year is for a grant to 18.41 the St. Louis River board. $18,750 of 18.42 this amount in the first year is a 18.43 grant to the Pine county soil and water 18.44 conservation district as a match to 18.45 fund the Partridge township sink hole 18.46 study. 18.47 Grants must be matched with a 18.48 combination of local cash or in-kind 18.49 contributions. The base grant portion 18.50 related to water planning must be 18.51 matched by an amount that would be 18.52 raised by a levy under Minnesota 18.53 Statutes, section 103B.3369. 18.54 $3,554,000 the first year and 18.55 $2,054,000 the second year are for 18.56 grants to soil and water conservation 18.57 districts for general purposes and for 18.58 implementation of the RIM conservation 18.59 reserve program. Upon approval of the 18.60 board, expenditures may be made from 18.61 these appropriations for supplies and 18.62 services benefiting soil and water 18.63 conservation districts. 19.1 $2,120,000 the first year and 19.2 $2,120,000 the second year are for 19.3 grants to soil and water conservation 19.4 districts for cost-sharing contracts 19.5 for erosion control and water quality 19.6 management. This appropriation is 19.7 available until expended. 19.8 $189,000 the first year and $189,000 19.9 the second year are for grants to 19.10 watershed districts and other local 19.11 units of government in the southern 19.12 Minnesota river basin study area 2 for 19.13 floodplain management. 19.14 $200,000 the first year is for a grant 19.15 to Chisago and Washington counties for 19.16 the abandonment of joint ditch No. 1. 19.17 $700,000 the first year is to complete 19.18 water quality improvement projects with 19.19 the 12 major watersheds of the 19.20 Minnesota river basin, to be available 19.21 until June 30, 1999. The water quality 19.22 improvement projects must utilize 19.23 practices that are proven effective, 19.24 must have landowner support, and must 19.25 be prioritized by the Minnesota river 19.26 basin joint powers board and the board 19.27 of water and soil resources. The board 19.28 of water and soil resources shall use 19.29 this appropriation only for those 19.30 projects where the local landowners and 19.31 counties provide 25 percent of project 19.32 costs in cash or in kind. The board 19.33 shall provide 100 percent funding for 19.34 planning that directly results in the 19.35 implementation of an approved project. 19.36 $1,000,000 the first year is for grants 19.37 to local government for the urban 19.38 greenscapes program. The board, in 19.39 consultation with local governing 19.40 units, shall establish a program to 19.41 enroll lands into the urban greenscapes 19.42 program. Selection of land shall be 19.43 based on its potential to preserve or 19.44 restore unique and endangered 19.45 landscapes, protect water quality, 19.46 reduce soil erosion, enhance fish and 19.47 wildlife habitat, manage storm water 19.48 and preserve open space. A priority 19.49 shall be placed on securing lands in 19.50 priority areas identified as part of 19.51 the metro greenways and natural areas 19.52 network in local water plans, and where 19.53 local partners contribute funds. This 19.54 is a one-time appropriation. 19.55 $150,000 the first year is for a grant 19.56 to the Faribault county soil and water 19.57 conservation district for the 19.58 quad-lakes restoration project in 19.59 Faribault and Blue Earth counties. 19.60 $100,000 the first year and $100,000 19.61 the second year are for a community 19.62 assistance program to provide watershed 19.63 education and communication assistance 19.64 to local governments in the 19.65 metropolitan area. 20.1 Any unencumbered balance in the board's 20.2 program of grants does not cancel at 20.3 the end of the first year and is 20.4 available for the second year for the 20.5 same grant program. 20.6 Sec. 7. AGRICULTURE 20.7 Subdivision 1. Total 20.8 Appropriation 27,427,000 25,003,000 20.9 Summary by Fund 20.10 General 17,407,000 14,993,000 20.11 Special Revenue 9,751,000 9,741,000 20.12 Environmental 269,000 269,000 20.13 The amounts that may be spent from this 20.14 appropriation for each program are 20.15 specified in the following subdivisions. 20.16 Subd. 2. Protection Service 20.17 17,654,000 16,957,000 20.18 Summary by Fund 20.19 General 7,890,000 7,088,000 20.20 Special Revenue 9,495,000 9,600,000 20.21 Environmental 269,000 269,000 20.22 $269,000 the first year and $269,000 20.23 the second year are from the 20.24 environmental response, compensation, 20.25 and compliance account in the 20.26 environmental fund. 20.27 $4,287,000 the first year and 20.28 $4,367,000 the second year are from the 20.29 pesticide regulatory account 20.30 established under Minnesota Statutes, 20.31 section 18B.05, for administration and 20.32 enforcement of Minnesota Statutes, 20.33 chapter 18B. 20.34 $732,000 the first year and $747,000 20.35 the second year are from the fertilizer 20.36 inspection account established under 20.37 Minnesota Statutes, section 18C.131, 20.38 for administration and enforcement of 20.39 Minnesota Statutes, chapter 18C. 20.40 $368,000 the first year and $368,000 20.41 the second year are from the seed 20.42 potato inspection fund established 20.43 under Minnesota Statutes, section 20.44 21.115, for administration and 20.45 enforcement of Minnesota Statutes, 20.46 sections 21.111 to 21.122. 20.47 $727,000 the first year and $741,000 20.48 the second year are from the seed 20.49 inspection fund established under 20.50 Minnesota Statutes, section 21.92, for 20.51 administration and enforcement of 20.52 Minnesota Statutes, sections 21.80 to 20.53 21.92. 21.1 $731,000 the first year and $744,000 21.2 the second year are from the commercial 21.3 feed inspection account established 21.4 under Minnesota Statutes, section 21.5 25.39, subdivision 4, for 21.6 administration and enforcement of 21.7 Minnesota Statutes, sections 25.35 to 21.8 25.44. 21.9 $530,000 the first year and $530,000 21.10 the second year are from the fruit and 21.11 vegetables inspection account 21.12 established under Minnesota Statutes, 21.13 section 27.07, subdivision 6, for 21.14 administration and enforcement of 21.15 Minnesota Statutes, section 27.07. 21.16 $1,746,000 the first year and 21.17 $1,779,000 the second year are from the 21.18 dairy services account established 21.19 under Minnesota Statutes, section 21.20 32.394, subdivision 9, for the purpose 21.21 of dairy services under Minnesota 21.22 Statutes, chapter 32. 21.23 $324,000 the first year and $324,000 21.24 the second year are from the livestock 21.25 weighing fund established under 21.26 Minnesota Statutes, section 17A.11, for 21.27 the purpose of livestock weighing costs 21.28 under Minnesota Statutes, chapter 17A. 21.29 $53,000 the first year and $53,000 the 21.30 second year are for payment of claims 21.31 relating to livestock damaged by 21.32 threatened or endangered animal species 21.33 and agricultural crops damaged by elk. 21.34 If the appropriation for either year is 21.35 insufficient, the appropriation for the 21.36 other year is available for it. 21.37 $160,000 the first year and $160,000 21.38 the second year are an increase for the 21.39 grade A and manufacturing grade 21.40 inspection programs under Minnesota 21.41 Statutes, section 32.394. 21.42 $700,000 the first year is for a grant 21.43 to the University of Minnesota as 21.44 funding for research on wheat and 21.45 barley diseases, primarily head scab. 21.46 This appropriation is in addition to 21.47 other public and nonpublic money for 21.48 scab research. 21.49 $250,000 the first year is to be 21.50 credited to the seed potato inspection 21.51 fund and used for the administration 21.52 and enforcement of Minnesota Statutes, 21.53 sections 21.80 to 21.92. The 21.54 appropriation is to supplement the fees 21.55 paid by seed potato growers with an 21.56 amount that is intended to offset cost 21.57 overruns on the construction of the new 21.58 seed potato inspection facility in East 21.59 Grand Forks which were beyond the 21.60 control and responsibility of the seed 21.61 potato growers. 21.62 Subd. 3. Agricultural Marketing and Development 22.1 3,175,000 3,110,000 22.2 Summary by Fund 22.3 General 2,919,000 2,969,000 22.4 Special Revenue 256,000 141,000 22.5 $100,000 each year is from the general 22.6 fund for a contract with the Minnesota 22.7 Institute for Sustainable Agriculture 22.8 to gather, evaluate, publish, and 22.9 disseminate sustainable agriculture 22.10 information to a broad audience through 22.11 both printed and electronic means. The 22.12 Minnesota institute for sustainable 22.13 agriculture must work in cooperation 22.14 with the department of agriculture in 22.15 carrying out this activity. 22.16 Notwithstanding Minnesota Statutes, 22.17 section 41A.09, subdivision 3, the 22.18 total payments from the ethanol 22.19 development account to all producers 22.20 may not exceed $44,651,000 for the 22.21 biennium ending June 30, 1999. If the 22.22 total amount for which all producers 22.23 are eligible in a quarter exceeds the 22.24 amount available for payments, the 22.25 commissioner shall make the payments on 22.26 a pro rata basis. 22.27 $100,000 the first year and $100,000 22.28 the second year are for ethanol 22.29 promotion and public education. 22.30 $71,000 the first year and $71,000 the 22.31 second year are for transfer to the 22.32 Minnesota grown matching account and 22.33 may be used as grants for Minnesota 22.34 grown promotion under Minnesota 22.35 Statutes, section 17.109. 22.36 $141,000 the first year and $141,000 22.37 the second year are from the 22.38 commodities research and promotion 22.39 account in the special revenue fund. 22.40 $115,000 is from the Minnesota 22.41 conservation fund, established in 22.42 Minnesota Statutes, section 40A.151, to 22.43 the commissioner of agriculture to 22.44 provide a match to the $100,000 22.45 appropriation from the future resources 22.46 fund to evaluate the effectiveness of 22.47 Minnesota's agricultural land 22.48 preservation programs, make 22.49 recommendations for statutory and 22.50 programmatic improvements, and identify 22.51 and quantify fiscal impacts of urban 22.52 sprawl. 22.53 $76,000 the first year and $77,000 the 22.54 second year are for development and 22.55 promotion of integrated pest management 22.56 in an urban environment. The urban 22.57 integrated pest management development 22.58 and promotion program must be 22.59 coordinated with Metropolitan State 22.60 University. 23.1 $80,000 the first year and $80,000 the 23.2 second year are for grants to farmers 23.3 for demonstration projects involving 23.4 sustainable agriculture. If a project 23.5 cost is more than $25,000, the amount 23.6 above $25,000 must be cost-shared at a 23.7 state-applicant ratio of one to one. 23.8 Priorities must be given for projects 23.9 involving multiple parties. Up to 23.10 $20,000 each year may be used for 23.11 dissemination of information about the 23.12 demonstration grant projects. The 23.13 commissioner may award as grants, up to 23.14 $60,000 per biennium for market 23.15 development and analysis of small, 23.16 community-based, value-added processing 23.17 of agricultural products or production 23.18 of high value crops. Individual awards 23.19 may not exceed $10,000. Criteria for 23.20 awards must be consistent with 23.21 Minnesota Statutes, section 17.116, 23.22 subdivision 3, paragraph (c). If the 23.23 appropriation for either year is 23.24 insufficient, the appropriation for the 23.25 other is available. 23.26 Subd. 4. Administration and 23.27 Financial Assistance 23.28 6,598,000 4,936,000 23.29 $100,000 the first year and $100,000 23.30 the second year must be spent for the 23.31 WIC coupon program. 23.32 $115,000 the first year and $99,000 the 23.33 second year are for family farm 23.34 security interest payment adjustments. 23.35 If the appropriation for either year is 23.36 insufficient, the appropriation for the 23.37 other year is available for it. No new 23.38 loans may be approved in fiscal year 23.39 1998 or 1999. 23.40 $201,000 the first year and $202,000 23.41 the second year are for the family farm 23.42 advocacy program. 23.43 $70,000 the first year and $70,000 the 23.44 second year are for the northern crops 23.45 institute. These appropriations may be 23.46 spent to purchase equipment and are 23.47 available until spent. 23.48 $150,000 the first year and $150,000 23.49 the second year are for grants to 23.50 agriculture information centers. The 23.51 grants are only available on a match 23.52 basis. The funds may be released at 23.53 the rate of $4 of state money for each 23.54 $1 of matching nonstate money that is 23.55 raised. Any appropriated amounts not 23.56 matched by April 1 of each year are 23.57 available for other purposes within the 23.58 department, of which $10,000 each year 23.59 may be used for farm safety programs 23.60 and remains available until June 30, 23.61 1999. 23.62 $115,000 the first year and $115,000 23.63 the second year are for the Seaway Port 24.1 Authority of Duluth. 24.2 $19,000 the first year and $19,000 the 24.3 second year are for a grant to the 24.4 Minnesota Livestock Breeders' 24.5 Association. 24.6 $75,000 the first year and $125,000 the 24.7 second year are for the Passing on the 24.8 Farm Center under Minnesota Statutes, 24.9 section 17.985. This appropriation is 24.10 available only to the extent matched 24.11 with nonstate money. 24.12 $75,000 the first year and $75,000 the 24.13 second year are for beaver damage 24.14 control grants. 24.15 $70,000 the first year is for the 24.16 construction costs of a greenhouse to 24.17 produce biological control agents. 24.18 $1,000,000 the first year is to expand 24.19 the one-on-one educational delivery 24.20 team system to provide appropriate 24.21 technologies, including rotational 24.22 grazing and other sustainable 24.23 agriculture methods, applicable to 24.24 small and medium sized dairy farms to 24.25 enhance the financial success and 24.26 long-term sustainability of dairy farms 24.27 in the state. Activities of the dairy 24.28 diagnostic teams must be spread 24.29 throughout the dairy producing regions 24.30 of the state. The teams must consist 24.31 of farm business management 24.32 instructors, dairy extension 24.33 specialists, and dairy industry 24.34 partners to deliver the informational 24.35 and technological services. Not later 24.36 than February 1, 1998, the commissioner 24.37 shall provide an interim report to the 24.38 standing committees of the Minnesota 24.39 senate and house of representatives 24.40 that deal with agricultural policy 24.41 issues and funding on activities and 24.42 accomplishments of the dairy diagnostic 24.43 teams. The commissioner shall provide 24.44 a follow-up report to the committees on 24.45 February 1, 1999. 24.46 $90,000 the first year and $90,000 the 24.47 second year are for funding litigation 24.48 to accomplish reform of the federal 24.49 milk market order system and for legal 24.50 actions opposing the Northeast Dairy 24.51 Compact. 24.52 $100,000 the first year is to the 24.53 commissioner of agriculture to transfer 24.54 to the public utilities commission for 24.55 costs related to the duties of the 24.56 commission and the team of science 24.57 advisors established under Laws 1994, 24.58 chapter 573, as amended. This 24.59 appropriation remains available until 24.60 June 30, 1999. 24.61 $50,000 the first year and $50,000 the 24.62 second year are for activities of the 24.63 dairy producers board under Minnesota 25.1 Statutes, section 17.76. 25.2 $500,000 the first year is for 25.3 livestock odor research. Of this 25.4 amount, $300,000 is for a grant to the 25.5 University of Minnesota department of 25.6 biosystems and agricultural engineering 25.7 for research and development of: (1) 25.8 an odor rating system that compares 25.9 odor levels of livestock production 25.10 facilities based on the species of 25.11 livestock, livestock housing, manure 25.12 management systems, and other factors 25.13 that contribute to odor levels, with 25.14 the odor rating to be determined using 25.15 olfactometry; (2) information tools to 25.16 be provided to local units of 25.17 government to create setback 25.18 requirements for livestock production 25.19 facilities based on the odor rating 25.20 system developed in clause (1); (3) 25.21 best management practices to control 25.22 livestock odor with priority on the 25.23 development of practices that control 25.24 odor as much as economically feasible 25.25 during seasonal and other periods of 25.26 peak odor levels; and (4) provisions 25.27 for rating the efficacy of new 25.28 odor-reduction technologies and 25.29 additives. Applicants for a rating 25.30 under this clause must pay for the 25.31 research necessary to provide the 25.32 rating to be used in marketing their 25.33 new technology. $200,000 is for a 25.34 grant to a higher education institution 25.35 for research, development, and 25.36 promotion of low-emission and 25.37 low-energy alternative hog production 25.38 systems and promotion of developed 25.39 systems, including hoop houses, the 25.40 Swedish model (Vastgotamodellen) for 25.41 farrowing and feeder pig production, 25.42 and pasture grazing and farrowing. 25.43 $200,000 the first year and $200,000 25.44 the second year are to develop a 25.45 scientific data base on odor from 25.46 feedlots, conduct research on 25.47 biofilters as odor suppressants, and 25.48 evaluate composting and drainage 25.49 systems for effectiveness. This is a 25.50 one-time appropriation. 25.51 $100,000 the first year is for a grant 25.52 to the University of Minnesota for 25.53 funding of continued research and 25.54 development on improved turf grasses to 25.55 be produced in Minnesota. The agronomy 25.56 and plant genetics department shall 25.57 continue its collaboration with turf 25.58 seed producing and seed marketing 25.59 companies in Minnesota. This 25.60 appropriation remains available until 25.61 June 30, 1999. Not later than March 1, 25.62 1999, the agronomy and plant genetics 25.63 department of the University of 25.64 Minnesota shall report to the 25.65 committees of the Minnesota senate and 25.66 house of representatives that deal with 25.67 agricultural policy on the activities 25.68 and interim results of the 26.1 appropriation. 26.2 Sec. 8. BOARD OF ANIMAL HEALTH 2,348,000 2,383,000 26.3 $40,000 the first year and $40,000 the 26.4 second year are for a program to 26.5 control para-tuberculosis ("Johne's 26.6 disease") in domestic bovine herds. 26.7 The board must design and implement a 26.8 program to provide educational and 26.9 financial assistance to bovine herd 26.10 owners for testing and related 26.11 activities that will reduce the 26.12 prevalence of the disease in herds 26.13 known to be infected and to establish 26.14 "test negative" herds as a source of 26.15 negative replacement cattle. Not later 26.16 than January 31, 1999, the executive 26.17 secretary shall report to the 26.18 legislature on the progress and results 26.19 of the para-tuberculosis control 26.20 program. 26.21 $49,000 the first year and $40,000 the 26.22 second year are for a grant to the 26.23 University of Minnesota college of 26.24 veterinary medicine to be used for 26.25 development and implementation of the 26.26 companion animal resource education 26.27 program, in collaboration with the 26.28 Minnesota extension service. 26.29 Sec. 9. SCIENCE MUSEUM 26.30 OF MINNESOTA 1,136,000 1,164,000 26.31 Sec. 10. MINNESOTA-WISCONSIN 26.32 BOUNDARY AREA COMMISSION 172,000 -0- 26.33 Summary by Fund 26.34 General 141,000 -0- 26.35 Natural Resources 31,000 -0- 26.36 Sec. 11. MINNESOTA ACADEMY 26.37 OF SCIENCE 41,000 41,000 26.38 $5,000 the first year and $5,000 the 26.39 second year are for a program to 26.40 provide hands on science activities for 26.41 elementary school children. 26.42 Sec. 12. MINNESOTA HORTICULTURAL 26.43 SOCIETY 82,000 82,000 26.44 Sec. 13. AGRICULTURAL UTILIZATION 26.45 RESEARCH INSTITUTE 4,480,000 3,830,000 26.46 Summary by Fund 26.47 General 4,280,000 3,630,000 26.48 Special Revenue 200,000 200,000 26.49 $150,000 the first year is for 26.50 development of a program of marketing a 26.51 value-added agriculture product by a 26.52 community-based youth program. 26.53 $200,000 the first year and $200,000 26.54 the second year are for hybrid tree 27.1 management research and development of 27.2 an implementation plan for establishing 27.3 hybrid tree plantations in the state. 27.4 This appropriation is available to the 27.5 extent matched by $2 of nonstate 27.6 contributions, either cash or in kind, 27.7 for each $1 of state money. 27.8 Sec. 14. MINNESOTA RESOURCES 27.9 Subdivision 1. Total 27.10 Appropriation 37,208,000 27.11 Summary by Fund 27.12 Minnesota Future 27.13 Resources Fund 14,668,000 27.14 Environment and 27.15 Natural Resources 27.16 Trust Fund 22,270,000 27.17 Great Lakes Protection 27.18 Account 120,000 27.19 Oil Overcharge 27.20 Money in the Special 27.21 Revenue Fund 150,000 27.22 Unless otherwise provided, the amounts 27.23 in this section are available until 27.24 June 30, 1999, when projects must be 27.25 completed and final products delivered. 27.26 Subd. 2. Definitions 27.27 (a) "Future resources fund" means the 27.28 Minnesota future resources fund 27.29 referred to in Minnesota Statutes, 27.30 section 116P.13. 27.31 (b) "Trust fund" means the Minnesota 27.32 environment and natural resources trust 27.33 fund referred to in Minnesota Statutes, 27.34 section 116P.02, subdivision 6. 27.35 (c) "Great lakes protection account" 27.36 means the account referred to in 27.37 Minnesota Statutes, section 116Q.02. 27.38 (d) "Oil overcharge money" means the 27.39 money referred to in Minnesota 27.40 Statutes, section 4.071, subdivision 2. 27.41 Subd. 3. Legislative Commission 27.42 on Minnesota Resources 776,000 27.43 $304,000 of this appropriation is from 27.44 the future resources fund and $472,000 27.45 is from the trust fund, pursuant to 27.46 Minnesota Statutes, section 116P.09, 27.47 subdivision 5. 27.48 Subd. 4. Recreation 27.49 (a) STATE PARK AND RECREATION AREA 27.50 ACQUISITION, DEVELOPMENT, BETTERMENT, 27.51 AND REHABILITATION 3,500,000 27.52 This appropriation is from the trust 27.53 fund to the commissioner of natural 28.1 resources as follows: (1) for state 28.2 park and recreation area acquisition, 28.3 $2,500,000; and (2) for state park and 28.4 recreation area development, 28.5 rehabilitation, and resource 28.6 management, $1,000,000, unless 28.7 otherwise specified in the approved 28.8 work program. The use of the Minnesota 28.9 conservation corps is encouraged. The 28.10 commissioner must submit grant requests 28.11 for supplemental funding for federal 28.12 ISTEA money in eligible categories and 28.13 report the results to the legislative 28.14 commission on Minnesota resources. 28.15 This project must be completed and 28.16 final products delivered by June 30, 28.17 2000, and the appropriation is 28.18 available until that date. 28.19 (b) METROPOLITAN REGIONAL PARK 28.20 SYSTEM 3,500,000 28.21 This appropriation is from the trust 28.22 fund for payment by the commissioner of 28.23 natural resources to the metropolitan 28.24 council for subgrants for acquisition, 28.25 development, and rehabilitation in the 28.26 metropolitan regional park system 28.27 consistent with the metropolitan 28.28 council regional recreation open space 28.29 capital improvement plan. This 28.30 appropriation may be used for the 28.31 purchase of homes only if the purchases 28.32 are expressly included in the work 28.33 program approved by the legislative 28.34 commission on Minnesota resources. The 28.35 metropolitan council shall collect and 28.36 digitize all local, regional, state, 28.37 and federal parks and all off-road 28.38 trails with connecting on-road routes 28.39 for the metropolitan area and produce a 28.40 printed map. This project must be 28.41 completed and final products delivered 28.42 by June 30, 2000, and the appropriation 28.43 is available until that date. 28.44 (c) LOCAL INITIATIVES GRANTS 28.45 PROGRAM 2,900,000 28.46 This appropriation is from the future 28.47 resources fund to the commissioner of 28.48 natural resources to provide matching 28.49 grants, as follows: 28.50 (1) $600,000 to local units of 28.51 government for local park and 28.52 recreation areas pursuant to Minnesota 28.53 Statutes, section 85.019. $50,000 of 28.54 this appropriation is to complete the 28.55 Larue public water access. 28.56 (2) $600,000 to local units of 28.57 government for natural and scenic areas 28.58 pursuant to Minnesota Statutes, section 28.59 85.019. 28.60 (3) $900,000 for trail grants to local 28.61 units of government on land to be 28.62 maintained for at least 20 years for 28.63 the purposes of the grant. $200,000 is 28.64 for grants of up to $50,000 per project 29.1 for trail linkages between communities, 29.2 trails, and parks, and $700,000 is for 29.3 grants of up to $250,000 for locally 29.4 funded trails of regional significance. 29.5 (4) $600,000 for a statewide 29.6 conservation partners program, to 29.7 encourage private organizations and 29.8 local governments to cost share 29.9 improvement of fish, wildlife, and 29.10 native plant habitats and research and 29.11 surveys of fish and wildlife. 29.12 Conservation partners grants may be up 29.13 to $10,000 each. 29.14 (5) $200,000 for environmental 29.15 partnerships program grants of up to 29.16 $10,000 each for environmental service 29.17 projects and related education 29.18 activities through public and private 29.19 partnerships. 29.20 In addition to the required work 29.21 program, grants may not be approved 29.22 until grant proposals to be funded have 29.23 been submitted to the legislative 29.24 commission on Minnesota resources and 29.25 the commission has approved the grants 29.26 or allowed 60 days to pass. The above 29.27 appropriations, in combination, are 29.28 available half for the metropolitan 29.29 area as defined in Minnesota Statutes, 29.30 section 473.121, subdivision 2, and 29.31 half for outside of the metropolitan 29.32 area. For the purpose of this 29.33 paragraph, match must be nonstate 29.34 contributions, but may be either cash 29.35 or in-kind. This project must be 29.36 completed and final products delivered 29.37 by June 30, 2000, and the appropriation 29.38 is available until that date. 29.39 Subd. 5. Historic Sites 29.40 (a) FORT SNELLING STATE PARK - UPPER 29.41 BLUFF UTILIZATION AND AYH HOSTEL 250,000 29.42 This appropriation is from the future 29.43 resources fund to the commissioner of 29.44 natural resources for a cooperative 29.45 project with Hostelling International 29.46 and community cooperators to develop a 29.47 conceptual utilization plan for the 29.48 Upper Bluff Area, assess buildings for 29.49 potential hostel use, and complete the 29.50 design and construction documents for a 29.51 building or buildings for future 29.52 renovation as a hostel. This 29.53 appropriation must be matched by at 29.54 least $20,000 of nonstate money. 29.55 (b) PROTECTING RURAL HISTORIC 29.56 LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000 29.57 This appropriation is from the trust 29.58 fund to the Minnesota Historical 29.59 Society to document resources and 29.60 prepare a management plan for 29.61 historical agricultural landscapes in 29.62 the St. Cloud-Rochester growth corridor. 30.1 (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 30.2 ASSESSMENT AND PRAIRIE RESTORATION 125,000 30.3 This appropriation is from the future 30.4 resources fund to the Minnesota 30.5 Historical Society to establish an 30.6 environmental monitoring program and 30.7 assess environmental effects on the 30.8 petroglyphs and restore native prairie 30.9 to parts of this state site. 30.10 (d) HISTORICAL AND CULTURAL MUSEUM ON 30.11 VERMILION LAKE INDIAN RESERVATION 100,000 30.12 This appropriation is from the future 30.13 resources fund to the Minnesota 30.14 Historical Society for an agreement 30.15 with Bois Forte Reservation to design 30.16 and construct a historical museum for 30.17 cultural interpretation adjacent to an 30.18 historic gold mine and fur trade post 30.19 on Lake Vermilion. As an additional 30.20 condition of acceptance of this 30.21 appropriation, this facility may not be 30.22 used for any form of gambling or the 30.23 promotion of gambling. This 30.24 appropriation must be matched by at 30.25 least $100,000 of nonstate money. 30.26 (e) SOUDAN UNDERGROUND PHYSICS 30.27 LABORATORY EXPANSION 400,000 30.28 This appropriation is from the future 30.29 resources fund to the University of 30.30 Minnesota to assist in the construction 30.31 of the Soudan Mine facilities for 30.32 scientific interpretation. 30.33 Subd. 6. Water Resources 30.34 (a) ON-SITE SEWAGE TREATMENT 30.35 ALTERNATIVES AND TECHNOLOGY 30.36 TRANSFER 500,000 30.37 This appropriation is from the future 30.38 resources fund to the pollution control 30.39 agency for the second biennium to 30.40 evaluate alternative on-site sewage 30.41 treatment systems for cost-effective 30.42 removal of pathogenic bacteria, 30.43 viruses, and nutrients. 30.44 (b) NITRATE EDUCATION AND TESTING 150,000 30.45 This appropriation is from the trust 30.46 fund to the commissioner of agriculture 30.47 to accelerate knowledge of nitrate 30.48 levels in private drinking water 30.49 supplies through development of water 30.50 testing clinics for rural well owners 30.51 and education programs. This 30.52 appropriation must be matched by at 30.53 least $50,000 from the agriculture 30.54 fertilizer inspection account. 30.55 (c) SNAKE RIVER WATERSHED BMPS 100,000 30.56 This appropriation is from the trust 30.57 fund to the board of water and soil 30.58 resources for an agreement with the 30.59 Snake River Watershed Management Board 31.1 to accelerate the implementation of the 31.2 1996 Snake River Watershed Management 31.3 Plan. 31.4 (d) EVALUATION OF WATERSHED BASED 31.5 WATERSHED DISTRICT MANAGEMENT 150,000 31.6 This appropriation is from the future 31.7 resources fund to the board of water 31.8 and soil resources for an agreement 31.9 with the Minnesota Association of 31.10 Watershed Districts to evaluate the 31.11 effectiveness of water quality 31.12 management by watershed districts. 31.13 This appropriation must be matched by 31.14 at least $75,000 of nonstate money. 31.15 (e) RED RIVER VALLEY PLANNING 31.16 AND MANAGEMENT 375,000 31.17 This appropriation is from the trust 31.18 fund to the pollution control agency to 31.19 create an ecosystem management plan for 31.20 the Red River Valley, integrating land 31.21 and water basin management strategies 31.22 in cooperation with interstate and 31.23 international organizations. 31.24 (f) SUSTAINABLE LAKE PLANS 270,000 31.25 This appropriation is from the trust 31.26 fund to the University of Minnesota, 31.27 Center for Urban and Regional Affairs, 31.28 in cooperation with the Minnesota Lakes 31.29 Association, to develop education 31.30 programs and a comprehensive lake plan 31.31 in each of the state's five lake 31.32 regions. 31.33 Subd. 7. Agricultural Practices 31.34 (a) BIOLOGICAL CONTROL OF 31.35 AGRICULTURAL PESTS 200,000 31.36 This appropriation is from the trust 31.37 fund to the University of Minnesota to 31.38 accelerate using biological control of 31.39 pests in agricultural production 31.40 systems. This appropriation is 31.41 available until June 30, 2000, at which 31.42 time the project must be completed and 31.43 final products delivered, unless an 31.44 earlier date is specified in the work 31.45 program. 31.46 (b) CROP MANAGEMENT TO MINIMIZE 31.47 PESTICIDE INPUTS 300,000 31.48 This appropriation is from the trust 31.49 fund to the University of Minnesota to 31.50 develop nonpesticide management 31.51 strategies for pest control for crops. 31.52 (c) SUSTAINABLE FARMING SYSTEMS 560,000 31.53 This appropriation is from the trust 31.54 fund to the University of Minnesota for 31.55 a comprehensive program of 31.56 complementary on-farm and experiment 31.57 station research, demonstration, and 31.58 educational activities about the 32.1 economic and environmental effects of 32.2 sustainable farming systems. 32.3 (d) PRAIRIE-GRASSLAND LANDSCAPES 125,000 32.4 This appropriation is from the trust 32.5 fund to the commissioner of natural 32.6 resources for the second biennium to 32.7 implement grassland ecosystem 32.8 stewardship activities in the Glacial 32.9 Lake Agassiz Interbeach area in 32.10 cooperation with the resource 32.11 conservation and development councils. 32.12 (e) REDUCING MINNESOTA RIVER 32.13 POLLUTION FROM LACUSTRINE SOILS 250,000 32.14 This appropriation is from the future 32.15 resources fund to the commissioner of 32.16 agriculture in cooperation with the 32.17 University of Minnesota for the second 32.18 biennium to research the impact of 32.19 farming systems utilizing crop residue 32.20 for sediment control on lacustrine 32.21 landscapes in the Minnesota River Basin. 32.22 Subd. 8. Pollution Prevention 32.23 (a) TOXIC EMISSIONS FROM FIRE 32.24 TRAINING 65,000 32.25 This appropriation is from the trust 32.26 fund to Metropolitan State University 32.27 to identify and quantify toxic 32.28 emissions from live-burn training in 32.29 acquired structures to evaluate and 32.30 propose alternatives. This 32.31 appropriation is available until June 32.32 30, 2000, at which time the project 32.33 must be completed and final products 32.34 delivered, unless an earlier date is 32.35 specified in the work program. 32.36 (b) POLLUTION PREVENTION TRAINING 32.37 PROGRAM FOR INDUSTRIAL EMPLOYEES 100,000 32.38 This appropriation is from the future 32.39 resources fund to the director of the 32.40 office of environmental assistance for 32.41 agreements with Citizens for a Better 32.42 Environment and the University of 32.43 Minnesota to provide the training and 32.44 technical assistance needed for 32.45 pollution prevention by industrial 32.46 employees. 32.47 Subd. 9. Impacts on Natural Resources 32.48 (a) GRANTS TO LOCAL GOVERNMENTS 32.49 TO ASSIST NATURAL RESOURCE 32.50 DECISION MAKING 150,000 32.51 This appropriation is from the future 32.52 resources fund to the board of water 32.53 and soil resources for matching grants 32.54 to local governments to help enable 32.55 incorporation of impacts on natural 32.56 resources into local decision making. 32.57 (b) EVALUATION OF URBAN GROWTH 32.58 ECONOMIC AND ENVIRONMENTAL 33.1 COSTS AND BENEFITS 275,000 33.2 This appropriation is from the future 33.3 resources fund to the director of the 33.4 office of strategic and long-range 33.5 planning for an agreement with 33.6 Minnesotans for an energy-efficient 33.7 economy to evaluate the benefits, 33.8 costs, and environmental impacts of 33.9 alternative urban and rural growth 33.10 patterns. 33.11 (c) REINVENTING THE AGRICULTURAL LAND 33.12 PRESERVATION PROGRAM 100,000 33.13 This appropriation is from the future 33.14 resources fund to the commissioner of 33.15 agriculture to evaluate the 33.16 effectiveness of Minnesota's 33.17 agricultural land preservation 33.18 programs, and identify and quantify 33.19 fiscal impacts of rural sprawl. This 33.20 appropriation must be matched by at 33.21 least $100,000 of nonstate money or 33.22 money from the Minnesota conservation 33.23 fund. 33.24 (d) NEW MODELS FOR LAND-USE 33.25 PLANNING 530,000 33.26 This appropriation is from the trust 33.27 fund to the commissioner of natural 33.28 resources for an agreement with the 33.29 Land Stewardship Project for planning, 33.30 inventory, technical assistance, and 33.31 education addressing voluntary 33.32 easements, purchase, and transfer of 33.33 development rights to create a 33.34 protected green corridor in Washington 33.35 and Chisago counties. Up to $30,000 is 33.36 to provide training in adapting 33.37 holistic resource management concepts 33.38 and principles for decision making in 33.39 land use planning. 33.40 (e) NORTH MINNEAPOLIS UPPER RIVER 33.41 MASTER PLAN 300,000 33.42 This appropriation is from the future 33.43 resources fund to the commissioner of 33.44 natural resources for an agreement with 33.45 the Minneapolis Park and Recreation 33.46 Board to develop a master plan 33.47 addressing greenspace and trail 33.48 development, riverbank restoration, and 33.49 stimulation of river-oriented land uses 33.50 within a corridor along the east and 33.51 west banks of the Mississippi river 33.52 from Plymouth Avenue north to the 33.53 Minneapolis city limits. This 33.54 appropriation must be matched by at 33.55 least $100,000 of nonstate money. 33.56 (f) PREVENTING STORMWATER RUNOFF 33.57 PROBLEMS THROUGH WATERSHED 33.58 LAND DESIGN 280,000 33.59 This appropriation is from the future 33.60 resources fund to the University of 33.61 Minnesota to develop watershed-based 33.62 land design models for preserving 34.1 habitat and traditional patterns, and 34.2 preventing flooding and water quality 34.3 degradation. 34.4 (g) MILLER CREEK MANAGEMENT 100,000 34.5 This appropriation is from the future 34.6 resources fund to the board of water 34.7 and soil resources for agreements with 34.8 the Miller Creek Task Force and the 34.9 natural resources research institute. 34.10 $25,000 is available to the Miller 34.11 Creek Task Force to begin the project 34.12 to implement water quality improvement 34.13 activities on Miller Creek. The 34.14 remaining $75,000 is contingent on the 34.15 formation of a watershed district or a 34.16 joint powers agreement in place by 34.17 January 1998, and a match of at least 34.18 $25,000 of nonstate money and $25,000 34.19 of additional activity being provided 34.20 by the natural resources research 34.21 institute or other sources. Up to 34.22 $25,000 of the remaining $75,000 is for 34.23 an agreement with the natural resources 34.24 research institute for research 34.25 activities. 34.26 (h) TROUT HABITAT PRESERVATION 34.27 USING ALTERNATIVE WATERSHED 34.28 MANAGEMENT PRACTICES 250,000 34.29 This appropriation is from the future 34.30 resources fund to the board of water 34.31 and soil resources to implement 34.32 alternative watershed management 34.33 practices to preserve the lower reaches 34.34 of Browns Creek as trout habitat. 34.35 Subd. 10. Decision-Making Tools 34.36 (a) COMPARATIVE RISKS OF MULTIPLE 34.37 CHEMICAL EXPOSURES 150,000 34.38 This appropriation is from the future 34.39 resources fund to the commissioner of 34.40 health to develop comparative risk 34.41 information for managing exposures to 34.42 multiple environmental hazards from 34.43 measurements of pesticides, volatile 34.44 organic compounds, and metals in soil, 34.45 air, water, and food. 34.46 (b) METROPOLITAN AREA GROUNDWATER 34.47 MODEL 300,000 34.48 This appropriation is from the trust 34.49 fund to the pollution control agency 34.50 for the second biennium to improve and 34.51 refine the metropolitan groundwater 34.52 model to improve contaminant tracking, 34.53 cleanup evaluation, and overall 34.54 protection of groundwater resources. 34.55 (c) WOLF MANAGEMENT PLAN 100,000 34.56 This appropriation is from the future 34.57 resources fund to the commissioner of 34.58 natural resources to develop a 34.59 management plan for Minnesota wolves, 34.60 to be ready for implementation if the 35.1 Eastern Timberwolf is removed from the 35.2 federal endangered species list. 35.3 (d) MINNESOTA RIVER BASIN NATURAL 35.4 RESOURCE DATA 250,000 35.5 This appropriation is from the trust 35.6 fund to Mankato State University in 35.7 cooperation with the Minnesota River 35.8 Basin Joint Powers Board to prepare 35.9 geographic information system data sets 35.10 for the 1,208 minor watersheds, provide 35.11 Internet access to the data, and 35.12 outreach training. This appropriation 35.13 must be matched by at least $100,000 of 35.14 nonstate money. 35.15 (e) STATEWIDE DIGITAL SOIL 35.16 DATABASE - PHASE I 145,000 35.17 This appropriation is from the future 35.18 resources fund to the board of water 35.19 and soil resources for the first 35.20 biennium for a pilot program to 35.21 investigate methods to digitize data 35.22 from older soil surveys and to 35.23 coordinate soil survey digitizing in at 35.24 least one county on a 50 percent cost 35.25 share basis. Up to $30,000 of this 35.26 appropriation is for digitizing and 35.27 must be matched by nonstate money by 35.28 April 30, 1999. 35.29 (f) FILLMORE COUNTY SOIL 35.30 SURVEY UPDATE 65,000 35.31 This appropriation is from the trust 35.32 fund to the board of water and soil 35.33 resources to provide half of the 35.34 nonfederal share for the second year of 35.35 a six-year project to update the 35.36 Fillmore county soil survey into a 35.37 digitized and manuscript format. 35.38 (g) STATEWIDE SURVEY OF 35.39 ANGLER ATTITUDES 100,000 35.40 This appropriation is from the future 35.41 resources fund to the commissioner of 35.42 natural resources to assess angler 35.43 attitudes statewide. 35.44 Subd. 11. Public Access to Natural 35.45 Resource Data 35.46 (a) FOUNDATIONS FOR INTEGRATED ACCESS 35.47 TO ENVIRONMENTAL INFORMATION 650,000 35.48 This appropriation is from the future 35.49 resources fund to the director of the 35.50 office of strategic and long-range 35.51 planning for a collaborative effort 35.52 among natural resource agencies to 35.53 design, develop, and test a solution to 35.54 provide integrated electronic access to 35.55 environmental and natural resource 35.56 data. These data must be made 35.57 accessible and free to the public 35.58 unless made private under the Data 35.59 Practices Act. 36.1 (b) PUBLIC ACCESS TO ARCHAEOLOGICAL 36.2 KNOWLEDGE 200,000 36.3 This appropriation is from the future 36.4 resources fund to the Minnesota 36.5 Historical Society for an agreement 36.6 with the Institute for Minnesota 36.7 Archaeology to enhance and provide 36.8 public electronic access to regional 36.9 archaeological data that have been 36.10 acquired or maintained with public 36.11 money. 36.12 Subd. 12. Sustainable Development 36.13 Activities 36.14 (a) RENEWABLE ENERGY DEMONSTRATION 36.15 AND EDUCATION IN STATE PARKS 230,000 36.16 $80,000 of this appropriation is from 36.17 the trust fund and $150,000 is from oil 36.18 overcharge money to the commissioner of 36.19 natural resources for an agreement with 36.20 the Center for Energy and Environment 36.21 to demonstrate cost-effective 36.22 applications of renewable energy 36.23 technologies in state parks by 36.24 developing technology selection 36.25 guidelines, installing projects in 36.26 state parks, and providing public 36.27 renewable energy education. This 36.28 appropriation is available until June 36.29 30, 2000, at which time the project 36.30 must be completed and final products 36.31 delivered, unless an earlier date is 36.32 specified in the work program. 36.33 (b) ALFALFA BIOMASS PRODUCTION 200,000 36.34 This appropriation is from the future 36.35 resources fund to the University of 36.36 Minnesota for the evaluation of the 36.37 environmental impacts and benefits of 36.38 the production of alfalfa for 36.39 electrical power generation. This 36.40 appropriation is available until June 36.41 30, 2000, at which time the project 36.42 must be completed and final products 36.43 delivered, unless an earlier date is 36.44 specified in the work program. 36.45 (c) SUSTAINABLE DEVELOPMENT OF WIND 36.46 ENERGY ON FAMILY FARMS 200,000 36.47 This appropriation is from the future 36.48 resources fund to the commissioner of 36.49 administration for an agreement with 36.50 the Sustainable Resources Center for 36.51 the second biennium to provide 36.52 technical assistance, wind assessment, 36.53 and technology transfer for the 36.54 development of wind energy harvesting. 36.55 (d) SUSTAINABLE GARDENING FOR MINNESOTA 36.56 HOMES AND COMMUNITIES 400,000 36.57 This appropriation is from the future 36.58 resources fund to the commissioner of 36.59 natural resources for an agreement with 36.60 the Sustainable Resources Center for 36.61 the fifth biennium to accelerate 37.1 community garden programs through 37.2 technical assistance to encourage 37.3 ecologically sound landscape plantings 37.4 and maintenance. Up to $60,000 is to 37.5 provide a link between sustainable 37.6 agriculture farmers and urban consumers. 37.7 (e) ECONOMICS FOR LASTING 37.8 PROGRESS 250,000 37.9 This appropriation is from the future 37.10 resources fund to the director of the 37.11 office of strategic and long-range 37.12 planning for an assessment of how 37.13 economic indicators and policies reward 37.14 or discourage pollution, employment, 37.15 and sustainable resource use in 37.16 Minnesota. 37.17 Subd. 13. Environmental Education 37.18 (a) SCHOOL NATURE AREA PROJECT 37.19 (SNAP) 250,000 37.20 This appropriation is from the trust 37.21 fund to the commissioner of natural 37.22 resources for an agreement with St. 37.23 Olaf College for the second biennium to 37.24 accelerate partnerships between 37.25 institutions of higher education and 37.26 schools to develop school nature areas 37.27 and demonstrate methods of ecological 37.28 enhancement for integration into school 37.29 curriculum. 37.30 (b) WATERSHED SCIENCE: INTEGRATED 37.31 RESEARCH AND EDUCATION PROGRAM 500,000 37.32 This appropriation is from the future 37.33 resources fund to the Science Museum of 37.34 Minnesota to establish a long-term 37.35 monitoring program for the Valley Creek 37.36 watershed, develop a public geographic 37.37 information system laboratory, and 37.38 watershed science education programs. 37.39 (c) MINNESOTA FROG WATCH AND FROG 37.40 DEFORMITY RESEARCH 600,000 37.41 $300,000 of this appropriation is from 37.42 the trust fund to the commissioner of 37.43 the pollution control agency for an 37.44 agreement with the Center for Global 37.45 Environmental Education, Hamline 37.46 University, for the second biennium to 37.47 accelerate the Minnesota frog watch 37.48 environmental education and monitoring 37.49 program. $300,000 of this 37.50 appropriation is from the future 37.51 resources fund to the commissioner of 37.52 the pollution control agency for the 37.53 second biennium to investigate the 37.54 health of frog populations and evaluate 37.55 the causes of frog deformities. This 37.56 appropriation is available until June 37.57 30, 2000, at which time the project 37.58 must be completed and final products 37.59 delivered, unless an earlier date is 37.60 specified in the work program. 37.61 (d) ENVIRONMENTAL SERVICE LEARNING 38.1 PROJECTS IN MINNEAPOLIS SCHOOLS 100,000 38.2 This appropriation is from the future 38.3 resources fund to the commissioner of 38.4 natural resources for an agreement with 38.5 Eco Education to provide training and 38.6 minigrants for student service learning 38.7 projects. This appropriation is 38.8 available until June 30, 2000, at which 38.9 time the project must be completed and 38.10 final products delivered, unless an 38.11 earlier date is specified in the work 38.12 program. 38.13 (e) PARTNERS IN ACCESSIBLE RECREATION 38.14 AND ENVIRONMENTAL RESPONSIBILITY 550,000 38.15 This appropriation is from the trust 38.16 fund to the commissioner of natural 38.17 resources for an agreement with 38.18 Wilderness Inquiry for the second 38.19 biennium to provide a statewide program 38.20 of environmental education, outdoor 38.21 recreation, and inclusion of people 38.22 with disabilities and other minority 38.23 groups. 38.24 (f) ENVIRONMENTAL SERVICE 38.25 LEARNING 100,000 38.26 This appropriation is from the trust 38.27 fund to the commissioner of natural 38.28 resources for an agreement with Stowe 38.29 Environmental Elementary School to 38.30 develop a partnership of schools, 38.31 communities, and agencies for 38.32 environmental service learning projects. 38.33 (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 38.34 MODERATING THE PUBLIC DISCUSSION 100,000 38.35 This appropriation is from the trust 38.36 fund to the commissioner of natural 38.37 resources for an agreement with the 38.38 International Wolf Center to provide a 38.39 public electronic forum and information 38.40 on wolf management. This appropriation 38.41 must be matched by at least $20,000 of 38.42 nonstate money. 38.43 (h) CATCH AND RELEASE 20,000 38.44 This appropriation is from the future 38.45 resources fund to the commissioner of 38.46 natural resources for an agreement with 38.47 the Rainy Lake Sportfishing Club to 38.48 accelerate its catch and release 38.49 program. This appropriation must be 38.50 matched by at least $10,000 of nonstate 38.51 contributions, either cash or in-kind. 38.52 (i) ELECTRONIC ENVIRONMENTAL 38.53 EDUCATION RAPTOR NETWORK 222,000 38.54 This appropriation is from the trust 38.55 fund to the University of Minnesota 38.56 raptor center for the second biennium 38.57 to implement an electronic 38.58 environmental education network using 38.59 satellite tracking with birds of prey. 38.60 The raptor center must seek additional 39.1 public and private partnerships. 39.2 (j) GREEN PRINT SUCCESS 136,000 39.3 This appropriation is from the future 39.4 resources fund to the commissioner of 39.5 natural resources for an agreement with 39.6 Ramsey county parks and recreation 39.7 department for a cooperative project 39.8 including environmental learning 39.9 centers, counties, and school districts 39.10 to prepare, pilot, and disseminate 39.11 information on successful 39.12 implementation of the Minnesota green 39.13 print plan for environmental education. 39.14 (k) ST. PAUL AND MINNEAPOLIS REGIONAL 39.15 PARK URBAN INTERPRETATION PROGRAM 250,000 39.16 This appropriation is from the future 39.17 resources fund to the commissioner of 39.18 natural resources for an agreement with 39.19 the city of St. Paul, division of parks 39.20 and recreation, for a program to 39.21 increase utilization of St. Paul and 39.22 Minneapolis regional parks for 39.23 environmental education activities. 39.24 Subd. 14. Benchmarks and Indicators 39.25 (a) ENVIRONMENTAL INDICATORS 39.26 INITIATIVE-CONTINUATION 250,000 39.27 This appropriation is from the trust 39.28 fund to the commissioner of natural 39.29 resources for the second biennium of a 39.30 three biennium project to create a 39.31 statewide framework for selecting and 39.32 monitoring environmental indicators to 39.33 assess and communicate Minnesota's 39.34 environmental health status and trends. 39.35 (b) MINNESOTA'S FOREST BIRD DIVERSITY 39.36 INITIATIVE: CONTINUATION 350,000 39.37 This appropriation is from the trust 39.38 fund to the commissioner of natural 39.39 resources for the fourth biennium of a 39.40 six-biennium project for a 39.41 comprehensive monitoring and research 39.42 program that develops management tools 39.43 to maintain forest bird diversity. 39.44 This appropriation is available until 39.45 June 30, 2000, at which time the 39.46 project must be completed and final 39.47 products delivered, unless an earlier 39.48 date is specified in the work program. 39.49 (c) WATER QUALITY INDICATORS OF 39.50 ENDOCRINE DISRUPTING CHEMICALS 250,000 39.51 This appropriation is from the trust 39.52 fund to the pollution control agency to 39.53 monitor and research the effects of 39.54 endocrine disrupting chemicals in 39.55 surface waters on fish and wildlife 39.56 through analysis of biological effects. 39.57 (d) STREAM HABITAT PROTECTION: 39.58 CONTINUATION 225,000 40.1 This appropriation is from the trust 40.2 fund to the commissioner of natural 40.3 resources to accelerate the stream flow 40.4 protection program. This is the third 40.5 biennium of a proposed eight-biennium 40.6 effort to establish a watershed level 40.7 stream habitat database and develop the 40.8 tools to set protected flows for 40.9 ecosystem diversity. This 40.10 appropriation is available until June 40.11 30, 2000, at which time the project 40.12 must be completed and final products 40.13 delivered, unless an earlier date is 40.14 specified in the work program. 40.15 (e) WETLAND ECOSYSTEMS MONITORING 160,000 40.16 This appropriation is from the future 40.17 resources fund to the University of 40.18 Minnesota to monitor wetland 40.19 restorations for their ecological 40.20 success and develop a long-term 40.21 monitoring database. 40.22 (f) LOONS: INDICATORS OF MERCURY 40.23 IN THE ENVIRONMENT 230,000 40.24 This appropriation is from the trust 40.25 fund to the University of Minnesota to 40.26 analyze loon exposure to mercury and 40.27 its effects on loon health and 40.28 reproduction in the wild. 40.29 Subd. 15. Native Fisheries 40.30 (a) IMPROVED DECISIONS FOR WALLEYE 40.31 STOCKING AND SPECIAL REGULATIONS 245,000 40.32 This appropriation is from the future 40.33 resources fund to the University of 40.34 Minnesota to evaluate outcomes of 40.35 various stocking and harvest strategies 40.36 through modeling and genetic marker 40.37 tracking of the best performing strains 40.38 to maximize benefits of walleye 40.39 stocking and harvest regulations on 40.40 individual lakes. This appropriation 40.41 is available until June 30, 2000, at 40.42 which time the project must be 40.43 completed and final products delivered, 40.44 unless an earlier date is specified in 40.45 the work program. 40.46 (b) MINNESOTA RARE MUSSEL 40.47 CONSERVATION 91,000 40.48 This appropriation is from the trust 40.49 fund to the University of Minnesota to 40.50 establish and monitor refugia in the 40.51 St. Croix River to improve freshwater 40.52 mussel conservation. 40.53 Subd. 16. Land Acquisition in High 40.54 Growth Areas 40.55 (a) SAND DUNES STATE FOREST 40.56 ACQUISITION 400,000 40.57 This appropriation is from the trust 40.58 fund to the commissioner of natural 40.59 resources to acquire approximately 200 41.1 acres of lands within the Sand Dunes 41.2 State Forest, according to the 41.3 Cambridge area forest resource 41.4 management plan. 41.5 (b) ARBORETUM LAND ACQUISITION 450,000 41.6 This appropriation is from the trust 41.7 fund to the University of Minnesota for 41.8 a grant to the University of Minnesota 41.9 Landscape Arboretum Foundation for the 41.10 second biennium for land acquisition to 41.11 expand the boundary of the Minnesota 41.12 Landscape Arboretum. This 41.13 appropriation must be matched by at 41.14 least $450,000 of nonstate money. 41.15 (c) CLEARWATER CREEK GREENWAY 41.16 CORRIDOR 500,000 41.17 This appropriation is from the trust 41.18 fund to the commissioner of natural 41.19 resources for an agreement with the 41.20 city of Hugo in cooperation with other 41.21 local units of government to acquire 41.22 and develop land along Clearwater Creek 41.23 from Bald Eagle Lake to Centerville for 41.24 a greenway and trail corridor and water 41.25 resource management area. 41.26 Subd. 17. Critical Lands or Habitats 41.27 (a) SUSTAINABLE WOODLANDS ON PRIVATE 41.28 LANDS 875,000 41.29 This appropriation is from the future 41.30 resources fund to the commissioner of 41.31 natural resources, in cooperation with 41.32 the Minnesota Forestry Association, to 41.33 develop stewardship plans for private 41.34 landowners and implement natural 41.35 resource projects by providing matching 41.36 money to private landowners. 41.37 (b) CANNON RIVER WATERSHED: 41.38 INTEGRATED MANAGEMENT 287,000 41.39 This appropriation is from the future 41.40 resources fund to the board of water 41.41 and soil resources for an agreement 41.42 with the Cannon River Watershed 41.43 Partnership for the third biennium to 41.44 implement activities in the Cannon 41.45 River watershed through easements, 41.46 matching grants, and technical 41.47 assistance. 41.48 (c) PEATLAND RESTORATION 275,000 41.49 This appropriation is from the future 41.50 resources fund to the University of 41.51 Minnesota-Duluth, natural resources 41.52 research institute, to promote 41.53 reestablishment of diverse, sustainable 41.54 peatland ecosystems on harvested 41.55 peatland sites through accelerated 41.56 development of cost effective, reliable 41.57 peatland restoration techniques. 41.58 (d) PRAIRIE HERITAGE PROJECT 500,000 42.1 This appropriation is from the trust 42.2 fund to the commissioner of natural 42.3 resources for an agreement with 42.4 Pheasants Forever, Inc., to acquire and 42.5 develop land for prairie grasslands and 42.6 wetlands to be donated to the public. 42.7 The land must be open and accessible to 42.8 the public. This appropriation must be 42.9 matched by at least $500,000 of 42.10 nonstate money. In addition to the 42.11 required work program, parcels may not 42.12 be acquired until parcel lists have 42.13 been submitted to the legislative 42.14 commission on Minnesota resources and 42.15 the commission has approved the parcel 42.16 list or allowed 60 days to pass. 42.17 (e) PHALEN AREA WETLAND 42.18 RESTORATION, PHASE II 600,000 42.19 This appropriation is from the trust 42.20 fund to the commissioner of natural 42.21 resources for an agreement with the 42.22 city of St. Paul for design, pre- and 42.23 post-construction monitoring, and 42.24 construction of approximately nine 42.25 acres of wetland. 42.26 (f) MINNESOTA POINT PROTECTION 75,000 42.27 This appropriation is from the future 42.28 resources fund to the commissioner of 42.29 natural resources for an agreement with 42.30 Park Point Community Club for 42.31 administrative and management expenses 42.32 to secure the protection of the scenic 42.33 pine stands and bird sanctuary at 42.34 Minnesota Point in Duluth. 42.35 (g) SAVANNAH RESTORATION FOR 42.36 SHARP-TAILED GROUSE 30,000 42.37 This appropriation is from the future 42.38 resources fund to the commissioner of 42.39 natural resources for an agreement with 42.40 the Minnesota Sharp-Tailed Grouse 42.41 Society to identify and inventory 42.42 restorable northern savannahs for 42.43 sharp-tailed grouse habitat. 42.44 (h) RIM - CRITICAL HABITAT ACQUISITION 42.45 AND ENHANCEMENT 936,000 42.46 $866,000 of this appropriation is from 42.47 the trust fund and $70,000 is from the 42.48 future resources fund to the 42.49 commissioner of natural resources to 42.50 accelerate the reinvest in Minnesota 42.51 program activities authorized under 42.52 Minnesota Statutes, section 84.943. 42.53 Projects must occur in both urban and 42.54 rural areas. Retroactive reimbursement 42.55 for the greening the great river park 42.56 project is authorized. 42.57 (i) RIM - WILDLIFE HABITAT 42.58 STEWARDSHIP 400,000 42.59 This appropriation is from the trust 42.60 fund to the commissioner of natural 42.61 resources to accelerate the reinvest in 43.1 Minnesota program to improve wildlife 43.2 habitat and natural plant communities 43.3 statewide on public lands, both urban 43.4 and rural, to protect and enhance 43.5 wildlife, native plant species, and 43.6 ecological diversity. 43.7 (j) SCIENTIFIC AND NATURAL AREA 43.8 ACQUISITION 700,000 43.9 This appropriation is from the trust 43.10 fund to the commissioner of natural 43.11 resources to accelerate the acquisition 43.12 of land for scientific and natural 43.13 areas under Minnesota Statutes, section 43.14 84.033. 43.15 (k) RIM - WILDLIFE HABITAT 43.16 ACQUISITION 500,000 43.17 This appropriation is from the trust 43.18 fund to the commissioner of natural 43.19 resources to accelerate acquisition of 43.20 North American waterfowl management 43.21 plan wetlands and associated uplands on 43.22 a cost-share basis and wildlife habitat 43.23 in areas of high population growth. 43.24 (l) RIM - ACCELERATE FISHERIES 43.25 ACQUISITION 900,000 43.26 This appropriation is from the trust 43.27 fund to the commissioner of natural 43.28 resources to accelerate the reinvest in 43.29 Minnesota program to acquire land 43.30 adjacent to lakes and streams to 43.31 provide for angler and management 43.32 access or protection of critical 43.33 riparian habitat, including access for 43.34 nonboat owners and urban users. This 43.35 appropriation is available until June 43.36 30, 2000, at which time the project 43.37 must be completed and final products 43.38 delivered, unless an earlier date is 43.39 specified in the work program. 43.40 (m) MINNESOTA COUNTY BIOLOGICAL 43.41 SURVEY - CONTINUATION 1,200,000 43.42 This appropriation is from the trust 43.43 fund to the commissioner of natural 43.44 resources for the sixth biennium of a 43.45 proposed 12-biennium project to 43.46 accelerate the county biological survey 43.47 for the systematic collection, 43.48 interpretation, and distribution of 43.49 data on the ecology of rare plants, 43.50 animals, and natural communities. 43.51 (n) FISHING PIER AND PUBLIC 43.52 SHORE ACCESS 355,000 43.53 This appropriation is from the trust 43.54 fund to the commissioner of natural 43.55 resources to provide increased access 43.56 to lakes and rivers statewide through 43.57 the provision of fishing piers and 43.58 shoreline access. 43.59 (o) PUBLIC BOAT ACCESS 350,000 44.1 This appropriation is from the trust 44.2 fund to the commissioner of natural 44.3 resources to accelerate public water 44.4 access acquisition and development 44.5 statewide. 44.6 (p) FISHERIES STATEWIDE HATCHERY 44.7 REHABILITATION 500,000 44.8 $310,000 of this appropriation is from 44.9 the trust fund and $190,000 is from the 44.10 future resources fund to the 44.11 commissioner of natural resources to 44.12 accelerate the reinvest in Minnesota 44.13 program to implement projects to 44.14 maintain and improve statewide fish 44.15 culture facilities. This appropriation 44.16 is available until June 30, 2000, at 44.17 which time the project must be 44.18 completed and final products delivered, 44.19 unless an earlier date is specified in 44.20 the work program. 44.21 (q) RIM - ACCELERATE FISH 44.22 HABITAT IMPROVEMENT 500,000 44.23 This appropriation is from the trust 44.24 fund to the commissioner of natural 44.25 resources to implement projects for the 44.26 restoration, improvement, and 44.27 development of fisheries habitat. 44.28 Subd. 18. Wildlife or Trail Corridors 44.29 (a) MESABI TRAIL LAND ACQUISITION 44.30 AND DEVELOPMENT 600,000 44.31 This appropriation is from the future 44.32 resources fund to the commissioner of 44.33 natural resources for an agreement with 44.34 the St. Louis and Lake Counties 44.35 Regional Rail Authority for the third 44.36 biennium to develop and acquire 44.37 segments of the Mesabi trail. This 44.38 appropriation must be matched by at 44.39 least $600,000 of nonstate money. This 44.40 appropriation is available until June 44.41 30, 2000, at which time the project 44.42 must be completed and final products 44.43 delivered, unless an earlier date is 44.44 specified in the work program. 44.45 (b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000 44.46 This appropriation is from the future 44.47 resources fund to the commissioner of 44.48 natural resources for an agreement with 44.49 the city of Montevideo for the second 44.50 biennium to complete the construction 44.51 of the Chippewa county trail system in 44.52 Montevideo. This appropriation must be 44.53 matched by at least $226,000 of 44.54 nonstate money. This appropriation is 44.55 available until June 30, 2000, at which 44.56 time the project must be completed and 44.57 final products delivered, unless an 44.58 earlier date is specified in the work 44.59 program. 44.60 Subd. 19. Native Species Planting 45.1 (a) MINNESOTA RELEAF TREE PLANTING 45.2 AND PRESERVATION GRANT PROGRAM 300,000 45.3 This appropriation is from the future 45.4 resources fund to the commissioner of 45.5 natural resources for the third 45.6 biennium for matching grants to local 45.7 communities to plant predominantly 45.8 native trees and protect native oak 45.9 forests from oak wilt. 45.10 (b) RESTORING WHITE PINE IN THE 45.11 MINNESOTA LANDSCAPE 120,000 45.12 This appropriation is from the trust 45.13 fund to the University of Minnesota to 45.14 investigate factors currently limiting 45.15 establishment of white pine seedlings 45.16 in various forest cover types. 45.17 Management recommendations for natural 45.18 regeneration, seeding, and planting 45.19 must be developed. 45.20 (c) OAK SAVANNAH RESTORATION IN 45.21 ST. PAUL REGIONAL PARKS 425,000 45.22 This appropriation is from the trust 45.23 fund to the commissioner of natural 45.24 resources for an agreement with the 45.25 city of St. Paul, division of parks and 45.26 recreation, to restore oak savannah 45.27 ecosystems in regional parks. 45.28 Subd. 20. Exotic Species 45.29 (a) BALLAST WATER TECHNOLOGY 45.30 DEMONSTRATION FOR EXOTIC 45.31 SPECIES CONTROL 250,000 45.32 $130,000 of this appropriation is from 45.33 the future resources fund and $120,000 45.34 is from the Great Lakes Protection 45.35 Account to the commissioner of natural 45.36 resources for a demonstration project 45.37 in cooperation with the Duluth Port 45.38 Authority to test, evaluate, and refine 45.39 techniques for preventing the 45.40 introduction and dispersal of exotic 45.41 species from ballast water into Lake 45.42 Superior. 45.43 (b) BIOLOGICAL CONTROL OF EURASIAN 45.44 WATER MILFOIL AND PURPLE 45.45 LOOSESTRIFE - CONTINUATION 150,000 45.46 This appropriation is from the trust 45.47 fund to the commissioner of natural 45.48 resources for the third biennium of a 45.49 five-biennium project to develop 45.50 biological controls for Eurasian water 45.51 milfoil and purple loosestrife. This 45.52 appropriation is available until June 45.53 30, 2000, at which time the project 45.54 must be completed and final products 45.55 delivered, unless an earlier date is 45.56 specified in the work program. 45.57 Subd. 21. Data Availability Requirements 45.58 (a) During the biennium ending June 30, 45.59 1999, the data collected by the 46.1 projects funded under this section that 46.2 have common value for natural resource 46.3 planning and management must conform to 46.4 information architecture as defined in 46.5 guidelines and standards adopted by the 46.6 information policy office and 46.7 government information access council. 46.8 These data must be made accessible and 46.9 free to the public unless made private 46.10 under the Data Practices Act. 46.11 (b) As part of their project 46.12 expenditures, recipients of land 46.13 acquisition appropriations must provide 46.14 the information necessary to update 46.15 public recreation information maps and 46.16 other appropriate media to the 46.17 department of natural resources in the 46.18 specified form. 46.19 Subd. 22. Project Requirements 46.20 It is a condition of acceptance of the 46.21 appropriations in this section that any 46.22 agency or entity receiving the 46.23 appropriation must comply with 46.24 Minnesota Statutes, chapter 116P. 46.25 Subd. 23. Match Requirements 46.26 Unless specifically authorized, 46.27 appropriations in this section that 46.28 must be matched and for which the match 46.29 has not been committed by January 1, 46.30 1998, are canceled, and in-kind 46.31 contributions may not be counted as 46.32 match. 46.33 Subd. 24. Payment Conditions and 46.34 Capital Equipment Expenditures 46.35 All agreements, grants, or contracts 46.36 referred to in this section must be 46.37 administered on a reimbursement basis. 46.38 Notwithstanding Minnesota Statutes, 46.39 section 16A.41, expenditures made on or 46.40 after July 1, 1997, or the date the 46.41 work program is approved, whichever is 46.42 later, are eligible for reimbursement. 46.43 Payment must be made upon receiving 46.44 documentation that project-eligible 46.45 reimbursable amounts have been 46.46 expended, except that reasonable 46.47 amounts may be advanced to projects in 46.48 order to accommodate cash flow needs. 46.49 The advances must be approved as part 46.50 of the work program. No expenditures 46.51 for capital equipment are allowed 46.52 unless expressly authorized in the 46.53 project work program. 46.54 Subd. 25. Purchase of Recycled and 46.55 Recyclable Materials 46.56 A political subdivision, public or 46.57 private corporation, or other entity 46.58 that receives an appropriation in this 46.59 section must use the appropriation in 46.60 compliance with Minnesota Statutes, 46.61 sections 16B.121 to 16B.123, requiring 46.62 the purchase of recycled, repairable, 47.1 and durable materials, the purchase of 47.2 uncoated paper stock, and the use of 47.3 soy-based ink, the same as if it were a 47.4 state agency. 47.5 Subd. 26. Carryforward 47.6 (a) The availability of the 47.7 appropriations for the following 47.8 projects is extended to June 30, 1998: 47.9 Laws 1996, chapter 407, section 8, 47.10 subdivision 3, paragraph (c), local 47.11 grants; Laws 1995, chapter 220, section 47.12 19, subdivision 4, paragraph (e), local 47.13 grants; subdivision 5, paragraph (d), 47.14 blufflands landscape, paragraph (f), 47.15 atmospheric mercury emissions, 47.16 deposition and environmental cost 47.17 evaluation, paragraph (i), water 47.18 quality impacts of feedlot pollution 47.19 control systems, and paragraph (r), 47.20 developing, evaluating, and promoting 47.21 sustainable farming systems; 47.22 subdivision 6, paragraph (b), 47.23 environmental education teacher 47.24 training, paragraph (g), electronic 47.25 environmental education network; and 47.26 paragraph (r), as amended by Laws 1996, 47.27 chapter 407, section 51, Ney 47.28 environmental center and paragraph (s), 47.29 Lawndale Environmental Center; 47.30 subdivision 7, paragraph (f), 47.31 completion of statewide land use 47.32 update, paragraph (g), Fillmore county 47.33 soil survey update, paragraph (j), 47.34 microbial deterioration of asphalt 47.35 materials and prevention, and paragraph 47.36 (k), analysis of lands enrolled in 47.37 conservation reserve program; 47.38 subdivision 8, paragraph (a), urban 47.39 wildlife habitat program; subdivision 47.40 11, paragraph (e), energy improvements 47.41 in public ice arenas. 47.42 (b) The availability of the 47.43 appropriation for the following 47.44 projects is extended to June 30, 1999: 47.45 Laws 1995, chapter 220, section 19, 47.46 subdivision 4, paragraph (a), 47.47 metropolitan regional park system; 47.48 paragraph (g), clause (1), as amended 47.49 by Laws 1996, chapter 407, section 50, 47.50 local share for ISTEA federal projects 47.51 and subdivision 12, paragraph (a), 47.52 restore historic Mississippi river mill 47.53 site; Laws 1994, chapter 632, article 47.54 2, section 6, Silver Bay harbor; and 47.55 Laws 1993, chapter 172, section 14, 47.56 subdivision 10, paragraph (o), Lake 47.57 Superior safe harbors-continuation. 47.58 Subd. 27. Energy Conservation 47.59 A recipient to whom an appropriation is 47.60 made in this section for a capital 47.61 improvement project shall ensure that 47.62 the project complies with the 47.63 applicable energy conservation 47.64 standards contained in law, including 47.65 Minnesota Statutes, sections 216C.19 to 47.66 216C.21, and rules adopted thereunder. 48.1 The recipient may use the energy 48.2 planning and intervention and energy 48.3 technologies units of the commissioner 48.4 of public service to obtain information 48.5 and technical assistance on energy 48.6 conservation and alternative energy 48.7 development relating to the planning 48.8 and construction of the capital 48.9 improvement project. 48.10 Sec. 15. FISCAL YEAR 1997 APPROPRIATION 48.11 $500,000 in fiscal year 1997 is 48.12 appropriated to the commissioner of 48.13 natural resources for a binding 48.14 arbitration award related to the 48.15 removal of the Flandrau dam. 48.16 Sec. 16. [4.0715] [ISTEA ENHANCEMENT MONEY.] 48.17 Subdivision 1. [DEFINITION.] "ISTEA enhancement money" 48.18 means money received by the state from the federal government 48.19 under the 1997 reauthorization of the Intermodal Surface 48.20 Transportation Efficiency Act and designated for enhancement. 48.21 Subd. 2. [APPROPRIATION REQUIRED.] ISTEA enhancement money 48.22 may not be spent until it is specifically appropriated by law. 48.23 Subd. 3. [MINNESOTA RESOURCES PROJECTS.] The legislature 48.24 intends to appropriate ISTEA enhancement money for projects that 48.25 have been reviewed and recommended by a committee comprised of 48.26 members of the legislative commission on Minnesota resources and 48.27 the senate transportation finance and house transportation 48.28 finance division. A work plan must be prepared for each 48.29 proposed project for review. The committee must recommend 48.30 specific projects to the legislature. 48.31 Sec. 17. [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 48.32 Subdivision 1. [ESTABLISHMENT.] The commissioner of 48.33 agriculture shall establish a beaver damage control grant 48.34 program to provide grants for the control of beaver activities 48.35 causing damage to public waters, roads, and ditches and adjacent 48.36 private property. The grants may only be made to a joint powers 48.37 board established under section 471.59 by two or more 48.38 governmental units and may include Indian tribal governments. 48.39 Subd. 2. [GRANT AMOUNT.] The commissioner may provide up 48.40 to 50 percent of the costs of implementing a beaver damage 48.41 control program by a joint powers board. 48.42 Subd. 3. [AWARDING OF GRANTS.] Applications for grants 49.1 must be made to the commissioner on forms prescribed by the 49.2 commissioner. The commissioner shall consult with town 49.3 supervisors and county commissioners representing different 49.4 areas of the state in developing the application form. A joint 49.5 powers board seeking a grant may be required to supply 49.6 information on the beaver control program it has adopted, the 49.7 extent of the problem in the geographic area covered by the 49.8 joint powers agreement, and the ability of the joint powers 49.9 board to match the state grant. The commissioner may prioritize 49.10 the grant applications based upon the information requested as 49.11 part of the grant application. 49.12 Subd. 4. [REPORT.] (a) Within one year after receiving a 49.13 grant under this section, a joint powers board must report to 49.14 the commissioner on the board's efforts to control beaver in the 49.15 area. 49.16 (b) The commissioner shall report to the senate and house 49.17 environment and natural resources committees on the efforts 49.18 under this section to control beaver by December 15 of each 49.19 even-numbered year. 49.20 Sec. 18. [17.40] [AGROFORESTRY.] 49.21 Subdivision 1. [DEFINITION.] "Agroforestry" means the 49.22 cultivation of short-rotation woody crops using agricultural 49.23 practices to produce timber or forest products. 49.24 Subd. 2. [AGRICULTURAL PURSUIT.] Agroforestry is an 49.25 agricultural pursuit. 49.26 Sec. 19. Minnesota Statutes 1996, section 17.76, is 49.27 amended by adding a subdivision to read: 49.28 Subd. 4. [EXPIRATION.] The dairy producers board expires 49.29 on June 30, 2001. 49.30 Sec. 20. Minnesota Statutes 1996, section 32.394, 49.31 subdivision 11, is amended to read: 49.32 Subd. 11. [WAIVER OF RULES; WATER WELL DISTANCE 49.33 REQUIREMENT.] A dairy farmer who wishes to be permitted to 49.34 produce grade A milk may not be denied the grade A permit solely 49.35 because of provisions in rules adopted by the commissioner of 49.36 health requiring a minimum distance between a water well and a 50.1 dairy barn. To be eligible for a grade A permit, the following 50.2 conditions must be met: 50.3 (1) the water well must have been in place prior to January 50.4 1, 1974; 50.5 (2) the water well must comply with all rules of the 50.6 commissioner of health other than the minimum distance 50.7 requirement; and 50.8 (3) water from the well must be tested at least once every 50.9 six months in compliance with guidelines established by the 50.10 commissioner of agriculture unless the water from the well meets 50.11 water quality requirements for three consecutive years, in which 50.12 case the water must be tested only once every 12 months until 50.13 the water fails to meet water quality requirements during one of 50.14 the tests. 50.15 Sec. 21. Minnesota Statutes 1996, section 32.415, is 50.16 amended to read: 50.17 32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 50.18 (a) The commissioner may adopt rules to provide uniform 50.19 quality standards, and producers of milk used for manufacturing 50.20 purposes shall conform to the standards contained in Subparts B, 50.21 C, D, E, and F of the United States Department of Agriculture 50.22 Consumer and Marketing Service Recommended Requirements for Milk 50.23 for Manufacturing Purposes and its Production and Processing, 50.24 Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as 50.25 revised through March 1,19961997, except that the commissioner 50.26 shall develop methods by which producers can comply with the 50.27 standards without violation of religious beliefs. 50.28 (b) The commissioner shall perform or contract for the 50.29 performance of the inspections necessary to implement this 50.30 section or shall certify dairy industry personnel to perform the 50.31 inspections. 50.32 (c) The commissioner and other employees of the department 50.33 shall make every reasonable effort to assist producers in 50.34 achieving the milk quality standards at minimum cost and to use 50.35 the experience and expertise of the University of Minnesota and 50.36 the agricultural extension service to assist producers in 51.1 achieving the milk quality standards in the most cost-effective 51.2 manner. 51.3 (d) The commissioner shall consult with producers, 51.4 processors, and others involved in the dairy industry in order 51.5 to prepare for the implementation of this section including 51.6 development of informational and educational materials, 51.7 meetings, and other methods of informing producers about the 51.8 implementation of standards under this section. 51.9 Sec. 22. Minnesota Statutes 1996, section 84.0273, is 51.10 amended to read: 51.11 84.0273 [CORRECTIONESTABLISHMENT OF BOUNDARY LINES 51.12 RELATING TO CERTAIN STATE LANDHOLDINGS.] 51.13 In order tocorrect errors in legal descriptionsresolve 51.14 boundary line issues affecting the ownership interests of the 51.15 state and adjacent landowners, the commissioner of natural 51.16 resources may, in the name of the state upon terms the 51.17 commissioner deems appropriate, convey,without monetary51.18consideration,by a boundary line agreement, quitclaim deed, or 51.19 management agreement in such form as the attorney general 51.20 approves, such rights, titles, and interests of the state in 51.21 state lands for such rights, titles and interests in adjacent 51.22 lands as are necessary for the purpose ofcorrecting legal51.23descriptions ofestablishing boundaries. A notice of the 51.24 proposed conveyance and a brief statement of the reason therefor 51.25 shall be published once in the State Register by the 51.26 commissioner between 15 and 30 days prior to conveyance. The 51.27 provisions of this section are not intended to replace or 51.28 supersede laws relating to land exchange or disposal of surplus 51.29 state property. 51.30 Sec. 23. Minnesota Statutes 1996, section 84.0887, 51.31 subdivision 2, is amended to read: 51.32 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY 51.33 SERVICE.] (a) In addition to services under subdivision 1, youth 51.34 corps programs may coordinate with or provide services to: 51.35 (1) making public facilities accessible to individuals with 51.36 disabilities; 52.1 (2) federal, state, local, and regional governmental 52.2 agencies; 52.3 (3) nursing homes, hospices, senior centers, hospitals, 52.4 local libraries, parks, recreational facilities, child and adult 52.5 day care centers, programs servicing individuals with 52.6 disabilities, and schools; 52.7 (4) law enforcement agencies, and penal and probation 52.8 systems; 52.9 (5) private nonprofit organizations that primarily focus on 52.10 social service such as community action agencies; 52.11 (6) activities that focus on the rehabilitation or 52.12 improvement of public facilities, neighborhood improvements, 52.13 literacy training that benefits educationally disadvantaged 52.14 individuals, weatherization of and basic repairs to low-income 52.15 housing including housing occupied by older adults, activities 52.16 that focus on drug and alcohol abuse education, prevention, and 52.17 treatment; and 52.18 (7) any other nonpartisan civic activities and services 52.19 that the commissioner determines to be of a substantial social 52.20 benefit in meeting unmet human, educational, or environmental 52.21 needs, particularly needs related to poverty, or in the 52.22 community where volunteer service is to be performed. 52.23 (b) Youth and young adults may provide full-time or 52.24 part-time youth community service in a program known as "corps 52.25 to career" if the individual: 52.26 (1) is an unemployed high school dropout and is a parent of 52.27 a minor member of an assistance unit under the AFDC, MFIP or 52.28 MFIP-R programs under chapter 256 or under the MFIP-S program 52.29 under chapter 256J, or is a person who is a member of an 52.30 assistance unit under the AFDC, MFIP or MFIP-R programs under 52.31 chapter 256 or under the MFIP-S program under chapter 256J; 52.32 (2) agrees to only use the individual's postservice benefit 52.33 under the federal Americorps Act to complete a customized job 52.34 training program that requires 20 percent of the individual's 52.35 time to be spent in the corps to career program and that is 52.36 consistent with the work requirements of the employment and 53.1 training services component of the MFIP-S program under chapter 53.2 256J or, if a customized job training program is unavailable, 53.3 agrees to use the postservice benefit consistent with the 53.4 federal education award; and 53.5 (3) during the entire time the individual completes the 53.6 individual's job training program, resides within an enterprise 53.7 zone as defined in section 469.303. 53.8 To be eligible under this paragraph, any individual who 53.9 receives assistance under clause (1) after MFIP-S has been 53.10 implemented in the individual's county of financial 53.11 responsibility, and who meets the requirements in clauses (2) 53.12 and (3), also must meet the requirements of the employment and 53.13 training services component of the MFIP-S program under chapter 53.14 256J. 53.15 (c) The commissioner of natural resources shall ensure that 53.16 the corps to career program will not decrease employment 53.17 opportunities that would be available without the program; will 53.18 not displace current employees including any partial 53.19 displacement in the form of reduced hours of work other than 53.20 overtime, wages, employment benefits, or regular seasonal work; 53.21 will not impair existing labor agreements; and will not result 53.22 in the substitution of project funding for preexisting funds or 53.23 sources of funds for ongoing work. 53.24 Sec. 24. Minnesota Statutes 1996, section 84.794, 53.25 subdivision 1, is amended to read: 53.26 Subdivision 1. [REGISTRATION REVENUE.] Fees from the 53.27 registration of off-highway motorcycles and the unrefunded 53.28 gasoline tax attributable to off-highway motorcycle use under 53.29 section 296.16 must be deposited in the state treasury and 53.30 credited to the off-highway motorcycle account in the natural 53.31 resources fund. Interest earned on unexpended balances shall be 53.32 credited to the account. 53.33 Sec. 25. Minnesota Statutes 1996, section 84.803, 53.34 subdivision 1, is amended to read: 53.35 Subdivision 1. [REGISTRATION REVENUE.] Fees from the 53.36 registration of off-road vehicles and unrefunded gasoline tax 54.1 attributable to off-road vehicle use under section 296.16 must 54.2 be deposited in the state treasury and credited to the off-road 54.3 vehicle account in the natural resources fund. Interest earned 54.4 on unexpended balances shall be credited to the account. 54.5 Sec. 26. Minnesota Statutes 1996, section 84.927, 54.6 subdivision 2, is amended to read: 54.7 Subd. 2. [PURPOSES.] Subject to appropriation by the 54.8 legislature, money in the all-terrain vehicle account and 54.9 interest earned on unexpended balances may only be spent for: 54.10 (1) the education and training program under section 54.11 84.925; 54.12 (2) administration and implementation of sections 84.92 to 54.13 84.929 and Laws 1984, chapter 647, sections 9 and 10; 54.14 (3) acquisition, maintenance, and development of vehicle 54.15 trails and use areas; 54.16 (4) grant-in-aid programs to counties and municipalities to 54.17 construct and maintain all-terrain vehicle trails and use areas; 54.18 and 54.19 (5) grants-in-aid to local safety programs. 54.20 The distribution of funds made available through 54.21 grant-in-aid programs must be guided by the statewide 54.22 comprehensive outdoor recreation plan. 54.23 Sec. 27. Minnesota Statutes 1996, section 85.015, is 54.24 amended by adding a subdivision to read: 54.25 Subd. 20. [STAGECOACH TRAIL; STEELE, DODGE, AND OLMSTED 54.26 COUNTIES.] The trail shall originate at the Douglas trail near 54.27 the city of Rochester in Olmsted county and extend westerly 54.28 along the Zumbro river valley to the city of Mantorville and the 54.29 village of Wasioja in Dodge county, following as closely as 54.30 possible the historic stagecoach trail to Wasioja, through Rice 54.31 Lake state park to the city of Owatonna in Steele county. 54.32 Sec. 28. Minnesota Statutes 1996, section 85.22, 54.33 subdivision 2a, is amended to read: 54.34 Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived 54.35 from the rental or sale of state park items and operation of 54.36 Douglas Lodge shall be deposited in the state treasury and be 55.1 credited to the state parks working capital account. Receipts 55.2 and expenses from Douglas Lodge shall be tracked separately 55.3 within the account. Money in the account is annually 55.4 appropriated for the purchase and payment of expenses 55.5 attributable to items for resale or rental and operation of 55.6 Douglas Lodge. Any excess receipts in this account are annually 55.7 appropriated for state park management and interpretive programs. 55.8 Interest earned on unexpended balances shall be credited to the 55.9 account. 55.10 Sec. 29. Minnesota Statutes 1996, section 85A.04, 55.11 subdivision 4, is amended to read: 55.12 Subd. 4. [ZOO CONCESSION AND REVENUE ACCOUNT.] All 55.13 receipts and interest from the operation of zoo concessions, 55.14 memberships, and donations must be deposited in a special 55.15 account in the special revenue fund and are appropriated to the 55.16 board. 55.17 Sec. 30. Minnesota Statutes 1996, section 86A.23, is 55.18 amended to read: 55.19 86A.23 [OPEN FACILITIES; LIABILITY EXEMPTION.] 55.20 Facilities in harbors and connecting waterways established 55.21 under sections 86A.20 to 86A.24 shall be public and open to all 55.22 users on equal and reasonable terms. Users shall have no cause 55.23 of action against owners of land adjacent to small craft harbors 55.24 and mooring facilities for damage as a result of noise and dust 55.25 generated by facilities or iron-producing industries. 55.26 Sec. 31. Minnesota Statutes 1996, section 86B.415, 55.27 subdivision 9, is amended to read: 55.28 Subd. 9. [DISPOSITION OF RECEIPTS.] Money received for 55.29 watercraft licenses shall be deposited in the state treasury and 55.30 credited to the water recreation account. Interest earned on 55.31 unexpended balances shall be credited to the account. 55.32 Sec. 32. Minnesota Statutes 1996, section 92.06, 55.33 subdivision 4, is amended to read: 55.34 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 55.35 person has made improvements to the land and if: (1) the 55.36 commissioner believes that person settled the land in good faith 56.1 as homestead land under the laws of the United States before it 56.2 was certified to the state,or if(2) the improvements were 56.3 lawfully made by that person as a lessee of the state, or (3) 56.4 the commissioner determines, based on clear and convincing 56.5 evidence provided by the person, that the improvements were made 56.6 by the person as an inadvertent trespasser, then the value of 56.7 the improvements must be separately appraised and, if the 56.8 settleror, lessee, or inadvertent trespasser purchases the 56.9 land, the settleror, lessee, or inadvertent trespasser is not 56.10 required to pay for the improvements. If another person 56.11 purchases the land, that person must pay the owner of the 56.12 improvements, in addition to all other required payments, the 56.13 appraised amount for the improvements. Payment for improvements 56.14 must be made within 15 days of the auction sale, either in cash 56.15 or upon terms and conditions agreeable to the owner of the 56.16 improvements. If payment for improvements is not made in cash, 56.17 and if there is no agreement between the parties within 15 days 56.18 of the auction sale, the commissioner may: 56.19 (1) sell the property to the second highest qualified 56.20 bidder if that bidder submitted to the commissioner's 56.21 representative, at the auction sale, a written request to buy 56.22 the property at a specified price; or 56.23 (2) void the sale and reoffer the property at a subsequent 56.24 sale. 56.25 This subdivision does not apply unless the owner of the 56.26 improvements makes a verified application to the commissioner 56.27 showing entitlement to the improvements before the first state 56.28 public sale at which the land is offered for sale. The 56.29 applicant must appear at the sale and offer to purchase the land 56.30 for at least its appraised value including all timber on it, and 56.31 make the purchase if no higher bid is received. Actions or 56.32 other proceedings involving the land in question begun before 56.33 the sale must have been completed. 56.34 Sec. 33. Minnesota Statutes 1996, section 92.16, 56.35 subdivision 1, is amended to read: 56.36 Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of 57.1 the sale the commissioner shall execute, acknowledge, and 57.2 deliver to the purchaser a certificate of sale, numbered and 57.3 made assignable, certifying the description of the land sold, 57.4 its quantity, the price per acre, the consideration paid and to 57.5 be paid, and the time and terms of payment. A certificate must 57.6 not be delivered until the sum required by law to be paid at the 57.7 time of the sale is paid.The sum includes costs determined by57.8the commissioner to be associated with the sale such as survey,57.9appraisal, publication, deed tax, filing fee, and similar57.10costs.If the purchaser fails to pay the sum, the commissioner 57.11 mayimmediatelyreoffer the land for sale, but a bid may not be 57.12 accepted from the person failing to pay the original offer. If 57.13 the purchaser pays in full at the time of sale, the commissioner 57.14 is not required to issue a certificate of sale. 57.15 Sec. 34. Minnesota Statutes 1996, section 92.46, is 57.16 amended by adding a subdivision to read: 57.17 Subd. 1b. [SALE OF LEASED PROPERTY.] A lessee holding a 57.18 lease under subdivision 1 on the enactment date of this 57.19 subdivision may request that the leased land be sold at public 57.20 sale. The lessee must submit a written request for public sale 57.21 to the commissioner of natural resources by August 1, 1997. The 57.22 commissioner shall mail notice of this subdivision to each 57.23 leaseholder within one month of the enactment date. 57.24 Notwithstanding section 92.45, the commissioner of natural 57.25 resources shall sell leased land at public sale after receipt of 57.26 a written request from the lessee, but in no event later than 57.27 February 1, 1998. Notwithstanding section 92.14, notice of each 57.28 sale must be published in the State Register, a newspaper of 57.29 statewide circulation, and in the daily newspaper of the region 57.30 where the leased land is located. 57.31 Sec. 35. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 57.32 Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If 57.33 the state acquires an interest in real property prior to the 57.34 cancellation of a certificate of sale or upon completion of the 57.35 cancellation process by advertisement or court order, the state 57.36 must make provision to pay all taxes, interests, costs, 58.1 penalties, and assessments. The commissioner of natural 58.2 resources must request the certificate of sale vendee to make a 58.3 good faith attempt to pay the debt. If the commissioner 58.4 determines that the vendee is unwilling or unable to pay the 58.5 debt, the commissioner may pay the debt and seek redress against 58.6 the vendee. 58.7 Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 58.8 grantee on a certificate of sale or state deed desires the state 58.9 to exercise its reversionary interest in real property, the 58.10 grantee must pay all real estate taxes, costs, interest, 58.11 penalties, and assessments on the property prior to reversion. 58.12 (b) If a grantee on a certificate of sale or state deed 58.13 breaches the contractual terms of the certificate or deed, the 58.14 commissioner of natural resources must request the grantee to 58.15 make a good faith attempt to pay all real estate taxes, costs, 58.16 interest, penalties, and assessments on the property prior to 58.17 reversion. If the commissioner determines that the grantee is 58.18 unwilling or unable to pay the debt, the commissioner may pay 58.19 the debt and seek redress against the grantee. 58.20 Sec. 36. Minnesota Statutes 1996, section 94.10, 58.21 subdivision 2, is amended to read: 58.22 Subd. 2. (a) Lands certified as surplus by the head of a 58.23 department or agency other than the department of natural 58.24 resources shall be offered for public sale by the commissioner 58.25 of administration as provided in this paragraph. After 58.26 complying with subdivision 1 and before any public sale of 58.27 surplus state-owned land is made, the commissioner of 58.28 administration shall publish a notice thereof at least once in 58.29 each week for four successive weeks in a legal newspaper and 58.30 also in a newspaper of general distribution in the city or 58.31 county in which the real property to be sold is situated, which 58.32 notice shall specify the time and place at which the sale will 58.33 commence, a general description of the lots or tracts to be 58.34 offered, and a general statement of the terms of sale. Each 58.35 tract or lot shall be sold separately and shall be sold for not 58.36 less than the appraised value thereof. Parcels remaining unsold 59.1 after the offering may be sold to anyone agreeing to pay the 59.2 appraised value thereof. The sale shall continue until all 59.3 parcels are sold or until the commissioner orders a reappraisal 59.4 or withdraws the remaining parcels from sale. 59.5 (b) Lands certified as surplus by the commissioner of 59.6 natural resources shall be offered for public sale by the 59.7 commissioner of natural resources in the manner provided in 59.8 paragraph (a) for sales by the commissioner of administration. 59.9 (c) Except as provided in section 94.11, the cost of any 59.10 survey or appraisal as provided in subdivision 1 shall be added 59.11 to and made a part of the appraised value of the lands to be 59.12 sold, whether to any political subdivision of the state or to a 59.13 private purchaser as provided in this subdivision. 59.14 Sec. 37. Minnesota Statutes 1996, section 94.165, is 59.15 amended to read: 59.16 94.165 [LAND ACQUISITION ACCOUNT.] 59.17 There is created in the state treasury a land acquisition 59.18 account. Money in the account and interest earned on unexpended 59.19 balances is appropriated to the commissioner of natural 59.20 resources for the acquisition of natural resource lands or 59.21 interests in lands within the outdoor recreation system 59.22 established in chapter 86A. The commissioner must file a report 59.23 to the house ways and means and the senate finance committees 59.24 and the environment and natural resources committees of the 59.25 senate and house of representatives by October 1 of each year 59.26 indicating all purchases and sales from this account. 59.27 Sec. 38. Minnesota Statutes 1996, section 97B.667, is 59.28 amended to read: 59.29 97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 59.30 AUTHORITIES.] 59.31 When a drainage watercourse is impaired by a beaver dam and 59.32 the water damages or threatens to damage a public road, the road 59.33 authority, as defined in section 160.02, subdivision 9, may 59.34 remove the impairment and any associated beaver lodge within 300 59.35 feet of the road, if the commissioner approves. 59.36 Sec. 39. Minnesota Statutes 1996, section 103C.501, 60.1 subdivision 6, is amended to read: 60.2 Subd. 6. [RULES.] (a) The state board shall adopt rules 60.3 prescribing: 60.4 (1) procedures and criteria for allocating funds for 60.5 cost-sharing contracts; 60.6 (2) standards and guidelines for cost-sharing contracts; 60.7 (3) the scope and content of district comprehensive plans, 60.8 plan amendments, and annual work plans; 60.9 (4) standards and methods necessary to plan and implement a 60.10 priority cost-sharing program, including guidelines to identify 60.11 high priority erosion, sedimentation, and water quality 60.12 problems; 60.13 (5) the share of the cost of conservation practices to be 60.14 paid from cost-sharing funds; and 60.15 (6) requirements for districts to document their efforts to 60.16 identify and contact land occupiers with high priority erosion 60.17 problems. 60.18 (b) Notwithstanding any other provisions in this chapter, 60.19 the rules may provide that cost-sharing may be used for 60.20 farmstead windbreaks and shelterbelts for the purposes of energy 60.21 conservation and snow protection. 60.22 Sec. 40. Minnesota Statutes 1996, section 103F.378, 60.23 subdivision 1, is amended to read: 60.24 Subdivision 1. [DUTIES.] The Minnesota river basin joint 60.25 powers board, established under section 471.59 for the purpose 60.26 of coordinating efforts to improve water quality in the 60.27 Minnesota river and achieving the goal of making the Minnesota 60.28 river suitable for fishing and swimming by the year 2005, has 60.29 the following duties: 60.30 (1) coordination of comprehensive cleanup goals for the 60.31 Minnesota river by coordinating the work plans of the 12 major 60.32 watersheds and the member counties of the joint powers board, 60.33 state agencies, and the University of Minnesota in cleanup 60.34 efforts and submission of periodic river cleanup plans for 60.35 submission to the governor and the legislature; 60.36 (2) advising on the development and use of monitoring and 61.1 evaluation systems in the Minnesota river and the incorporation 61.2 of the data obtained from these systems into the planning 61.3 process; 61.4 (3) conducting public meetings of the board on at least a 61.5 quarterly basis at locations within the Minnesota river basin; 61.6 (4) conducting an ongoing information and education program 61.7 concerning the status of the Minnesota river, including an 61.8 annual conference on the state of the Minnesota river;and61.9 (5) providing periodic reports and budget requests to the 61.10 governor's office and the chairs of the agriculture and 61.11 environment and natural resources committees of the senate and 61.12 the house of representatives regarding progress on meeting river 61.13 water quality management goals and future funding required for 61.14 this effort.; 61.15 (6) advising on the development of projects within the 12 61.16 major watersheds that are scientifically sound, have landowner 61.17 support, and reduce inputs of pollutants into the Minnesota 61.18 river basin; and 61.19 (7) administering the distribution of project 61.20 implementation funds for the 12 major watersheds by approving 61.21 projects, identifying matching components for each project, and 61.22 tracking the results achieved for each project. 61.23 Sec. 41. Minnesota Statutes 1996, section 115.03, 61.24 subdivision 5, is amended to read: 61.25 Subd. 5. [AGENCY AUTHORITY; NATIONAL POLLUTANT DISCHARGE 61.26 ELIMINATION SYSTEM.] (a) Notwithstanding any other provisions 61.27 prescribed in or pursuant to this chapter and, with respect to 61.28 the pollution of waters of the state, in chapter 116, or 61.29 otherwise, the agency shall have the authority to perform any 61.30 and all acts minimally necessary including, but not limited to, 61.31 the establishment and application of standards, procedures, 61.32 rules, orders, variances, stipulation agreements, schedules of 61.33 compliance, and permit conditions, consistent with and, 61.34 therefore not less stringent than the provisions of the Federal 61.35 Water Pollution Control Act, as amended, applicable to the 61.36 participation by the state of Minnesota in the National 62.1 Pollutant Discharge Elimination System (NPDES); provided that 62.2 this provision shall not be construed as a limitation on any 62.3 powers or duties otherwise residing with the agency pursuant to 62.4 any provision of law. 62.5 (b) Unless specifically required or approved by the 62.6 legislature, the agency may not adopt or enforce a new, 62.7 modified, or revised water quality standard, other than a 62.8 standard adopted under the Great Lakes Initiative, that is more 62.9 stringent than is necessary to comply with established federal 62.10 water quality criteria. 62.11 Sec. 42. [115.58] [ALTERNATIVE DISCHARGING SEWAGE 62.12 SYSTEMS.] 62.13 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 62.14 subdivision apply to this section. 62.15 (b) "Alternative discharging sewage system" means a sewage 62.16 treatment system, or part thereof, serving a dwelling, other 62.17 establishment, or group thereof, discharging less than 10,000 62.18 gallons of water per day, that uses any treatment and disposal 62.19 other than subsurface soil treatment and disposal. 62.20 (c) "Permit" means a National Pollutant Discharge 62.21 Elimination System permit or State Disposal System permit 62.22 granted to any person for the installation, ownership, 62.23 management, or control of alternative discharging sewage systems 62.24 whose operations, emissions, activities, discharges, or 62.25 facilities are the same or substantially similar. 62.26 (d) "Water quality utility cooperative" means an 62.27 association of persons organized under chapter 308A to install, 62.28 own, manage, and control individual sewage treatment systems or 62.29 alternative discharging sewage systems that provide water 62.30 quality treatment and management services for its members within 62.31 a defined geographical area. 62.32 (e) "Water quality treatment and management services" means 62.33 the monitoring and control of alternative discharging sewage 62.34 systems to eliminate or reduce water pollution from point and 62.35 nonpoint sources; the management, use, reuse, recycling, or 62.36 reclamation of land, water, or wastewater for water supply; 63.1 geothermal heating and cooling; fire protection; irrigation; 63.2 drainage; open space or green belt preservation; storm water 63.3 management and control; flood management and control or other 63.4 purposes that are part of a comprehensive plan to reduce, 63.5 prevent, or eliminate water pollution. 63.6 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an 63.7 areawide permit for alternative discharging sewage systems, 63.8 where the systems: 63.9 (1) meet all applicable federal and state standards for 63.10 treatment and discharge of sewage effluents by the agency; 63.11 (2) are part of a water quality treatment and management 63.12 plan to prevent, eliminate, or reduce water pollution within a 63.13 defined geographic area; 63.14 (3) are owned or controlled by a water quality utility 63.15 cooperative; and 63.16 (4) the water quality utility cooperative has a service 63.17 agreement with a local unit of government to provide water 63.18 quality treatment and management services for the area under 63.19 section 471A.03. 63.20 Subd. 3. [LOCAL ORDINANCE EXEMPTION.] Any system which is 63.21 permitted under subdivision 2 is exempt from the requirements of 63.22 any local ordinance adopted to conform with section 115.55 if 63.23 the system complies with the applicable standards for discharges 63.24 and treatment of sewage effluents. 63.25 Sec. 43. Minnesota Statutes 1996, section 115A.54, 63.26 subdivision 2a, is amended to read: 63.27 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 63.28 director shall provide technical and financial assistance for 63.29 the acquisition and betterment of solid waste management 63.30 projects as provided in this subdivision and section 115A.52. 63.31 Money appropriated for the purposes of this subdivision must be 63.32 distributed as grants. 63.33 (b) Except as provided in paragraph (c), a project may 63.34 receive grant assistance up to 25 percent of the capital cost of 63.35 the project or $2,000,000, whichever is less, except that 63.36 projects constructed as a result of intercounty cooperative 64.1 agreements may receive (1) grant assistance up to 25 percent of 64.2 the capital cost of the project; or (2) $2,000,000 times the 64.3 number of participating counties, whichever is less. 64.4 (c) A recycling project or a project to compost or 64.5 cocompost waste may receive grant assistance up to 50 percent of 64.6 the capital cost of the project or $2,000,000, whichever is 64.7 less, except that projects completed as a result of intercounty 64.8 cooperative agreements may receive (1) grant assistance up to 50 64.9 percent of the capital cost of the project; or (2) $2,000,000 64.10 times the number of participating counties, whichever is less. 64.11 The following projects may also receive grant assistance in the 64.12 amounts specified in this paragraph: 64.13 (1) a project to improve control of or reduce air emissions 64.14 at an existing resource recovery facility; and 64.15 (2) a project to substantially increase the recovery of 64.16 materials or energy, substantially reduce the amount or toxicity 64.17 of waste processing residuals, or expand the capacity of an 64.18 existing resource recovery facility to meet the resource 64.19 recovery needs of an expanded region if each county from which 64.20 waste is or would be received has achieved a recycling rate in 64.21 excess of the goals in section 115A.551, and is implementing 64.22 aggressive waste reduction and household hazardous waste 64.23 management programs. 64.24 (d) Notwithstanding paragraph (e), the director may award 64.25 grants for transfer stations that will initially transfer waste 64.26 to landfills if the transfer stations are part of a planned 64.27 resource recovery project, the county where the planned resource 64.28 recovery facility will be located has a comprehensive solid 64.29 waste management plan approved by the director, and the solid 64.30 waste management plan proposes the development of the resource 64.31 recovery facility. If the proposed resource recovery facility 64.32 is not in place and operating withineight12 years of the date 64.33 of the grant award, the recipient shall repay the grant amount 64.34 to the state. 64.35 (e) Projects without resource recovery are not eligible for 64.36 assistance. 65.1 (f) In addition to any assistance received under paragraph 65.2 (b) or (c), a project may receive grant assistance for the cost 65.3 of tests necessary to determine the appropriate pollution 65.4 control equipment for the project or the environmental effects 65.5 of the use of any product or material produced by the project. 65.6 (g) In addition to the application requirements of section 65.7 115A.51, an application for a project serving eligible 65.8 jurisdictions in only a single county must demonstrate that 65.9 cooperation with jurisdictions in other counties to develop the 65.10 project is not needed or not feasible. Each application must 65.11 also demonstrate that the project is not financially prudent 65.12 without the state assistance, because of the applicant's 65.13 financial capacity and the problems inherent in the waste 65.14 management situation in the area, particularly transportation 65.15 distances and limited waste supply and markets for resources 65.16 recovered. 65.17 (h) For the purposes of this subdivision, a "project" means 65.18 a processing facility, together with any transfer stations, 65.19 transmission facilities, and other related and appurtenant 65.20 facilities primarily serving the processing facility. The 65.21 director shall adopt rules for the program by July 1, 1985. 65.22 (i) Notwithstanding anything in this subdivision to the 65.23 contrary, a project to construct a new mixed municipal solid 65.24 waste transfer station that has an enforceable commitment of at 65.25 least ten years, or of sufficient length to retire bonds sold 65.26 for the facility, to serve an existing resource recovery 65.27 facility may receive grant assistance up to 75 percent of the 65.28 capital cost of the project if addition of the transfer station 65.29 will increase substantially the geographical area served by the 65.30 resource recovery facility and the ability of the resource 65.31 recovery facility to operate more efficiently on a regional 65.32 basis and the facility meets the criteria in paragraph (c), the 65.33 second clause (2). A transfer station eligible for assistance 65.34 under this paragraph is not eligible for assistance under any 65.35 other paragraph of this subdivision. 65.36 Sec. 44. Minnesota Statutes 1996, section 115A.912, is 66.1 amended by adding a subdivision to read: 66.2 Subd. 4. [WASTE TIRE MATERIALS; PROHIBITION.] Materials 66.3 derived from waste tires may not be used as lightweight fill in 66.4 the construction of public roads or streets in the state. 66.5 Sec. 45. Minnesota Statutes 1996, section 116.07, is 66.6 amended by adding a subdivision to read: 66.7 Subd. 7a. [NOTICE OF APPLICATION FOR ANIMAL FEEDLOT 66.8 PERMITS.] A complete animal feedlot permit application for a new 66.9 or expanding animal feedlot, which is for an increase of 500 66.10 animal units or more, must include documentation to verify that 66.11 the applicant has notified each owner of real property within 66.12 three miles of the proposed animal feedlot. The notification 66.13 must specify the proposed size, location, and owner or manager 66.14 of the animal feedlot. 66.15 Sec. 46. [116.072] [LIVESTOCK ODOR.] 66.16 The pollution control agency must: 66.17 (a) monitor and identify: 66.18 (1) potential livestock facility violations of the state 66.19 ambient air quality standards for hydrogen sulfide, using a 66.20 protocol for responding to citizen complaints regarding feedlot 66.21 odor and its hydrogen sulfide component; and 66.22 (2) total sulfur gases and corresponding hydrogen sulfide 66.23 levels using monitoring equipment that follows plumes and: 66.24 (b) ensure that livestock production facilities exceeding 66.25 ambient hydrogen sulfide standards implement changes that result 66.26 in compliance within 60 days of the determination that the 66.27 operator is in violation of the standards, and includes monetary 66.28 penalties and increased penalties for repeat violations; and 66.29 (c) recover the costs of the total reduced sulfur and 66.30 hydrogen sulfide inspection and monitoring program from 66.31 livestock production facilities that are determined to be in 66.32 violation of state ambient air quality standards. 66.33 Sec. 47. [219.99] [RAILROAD PRAIRIE INVENTORY AND PLAN.] 66.34 Subdivision 1. [RAILROAD PRAIRIE INVENTORY.] By November 66.35 1, 1998, the commissioner of natural resources shall, in 66.36 cooperation with each railroad company operating in Minnesota, 67.1 conduct an inventory of the rights-of-way under the company's 67.2 ownership or control. The inventory must identify the 67.3 geographic location, extent, character, and relationship to 67.4 adjoining plant communities of all native prairies on each 67.5 railroad right-of-way. 67.6 Subd. 2. [PRAIRIE PRESERVATION MANAGEMENT 67.7 GUIDELINES.] Based on the inventory completed in subdivision 1, 67.8 and on similar inventories already conducted by the department 67.9 of natural resources and other state or federal agencies, the 67.10 commissioner of natural resources must develop prairie 67.11 management guidelines for preserving railroad prairie 67.12 rights-of-way identified in subdivision 1 by June 30, 1999. 67.13 Sec. 48. [219.991] [PRAIRIE MANAGEMENT GUIDELINES 67.14 IMPLEMENTATION.] 67.15 Subdivision 1. [COOPERATION WITH RAILROADS.] Based on the 67.16 management guidelines developed in section 219.99, the 67.17 commissioner of natural resources must seek cooperation with 67.18 railroads owning prairie rights-of-way to use the guidelines to 67.19 preserve prairie to the maximum extent possible. 67.20 Subd. 2. [EXEMPTIONS.] Except as necessary to comply with 67.21 the Endangered Species Act, Public Law Number 100-478, this 67.22 section does not apply to persons engaged in: 67.23 (1) farming on farmland and farm right-of-way; 67.24 (2) commercial application of pesticides on farmland and 67.25 farm right-of-way; 67.26 (3) structural pest control; 67.27 (4) residential lawn applications; 67.28 (5) forest management activities; 67.29 (6) control of noxious weeds or mosquitoes, arthropods, or 67.30 insects of public health importance under chapter 18 or section 67.31 473.04; or 67.32 (7) pest or weed control in geographic areas where other 67.33 methods of control designed to preserve prairies constitute a 67.34 valid public safety concern. 67.35 Subd. 3. [PLANNING.] Each railroad company shall file with 67.36 the commissioner of agriculture a plan containing anticipated 68.1 dates, routes, and applicators of pesticide on its rights-of-way 68.2 no later than April 1 of each calendar year. 68.3 Sec. 49. Minnesota Statutes 1996, section 296.421, 68.4 subdivision 5, is amended to read: 68.5 Subd. 5. [COMPUTATION OF UNREFUNDED TAX.] The amount of 68.6 unrefunded tax shall be a sum equal to 1-1/2 percent of all 68.7 revenues derived from the excise taxes on gasoline, except on 68.8 gasoline used for aviation purposes, together with interest 68.9 thereon and penalties for delinquency in payment, paid or 68.10 collected pursuant to the provisions of sections 296.02 to 68.11 296.17.The amount of such tax shall be computed for each68.12six-month period commencing January 1, 1961, and shall be paid68.13into the state treasury on November 1 and June 1 following each68.14six-month period.68.15 Sec. 50. Minnesota Statutes 1996, section 300.111, is 68.16 amended by adding a subdivision to read: 68.17 Subd. 5. [WATER QUALITY UTILITY 68.18 COOPERATIVES.] Notwithstanding any contrary provision in 68.19 subdivision 1, the term "public utility" also means a person, 68.20 corporation, cooperative, or other legal entity, its lessees, 68.21 trustees, and receivers operating, maintaining, or controlling 68.22 in this state after June 1, 1997, equipment or facilities to 68.23 provide water quality treatment and management services, as 68.24 defined in section 115.58, subdivision 1, paragraph (e). Public 68.25 utility does not include a municipality that owns or operates 68.26 equipment or facilities for treating wastewater, furnishing 68.27 potable water or water for geothermal heating and cooling, 68.28 managing storm water runoff or drainage, or reducing or 68.29 eliminating water pollution. 68.30 Sec. 51. Minnesota Statutes 1996, section 308A.101, is 68.31 amended by adding a subdivision to read: 68.32 Subd. 3. [WATER QUALITY UTILITY COOPERATIVE PURPOSE.] A 68.33 water quality utility cooperative may only be formed by a 68.34 cooperative engaged in the furnishing of potable water or water 68.35 quality treatment and management services as defined in section 68.36 115.58, subdivision 1, paragraph (e), for the purpose of 69.1 financing or refinancing the construction, improvement, 69.2 expansion, acquisition, operation, and maintenance of treatment 69.3 works, sewage systems, storm water facilities, water systems, 69.4 and related facilities of its members. 69.5 Sec. 52. Minnesota Statutes 1996, section 308A.201, is 69.6 amended by adding a subdivision to read: 69.7 Subd. 15. [WATER QUALITY UTILITY CONDEMNATION.] A water 69.8 quality utility cooperative organized in this state may exercise 69.9 the power of eminent domain in the manner provided by state law 69.10 for the exercise of the power by other corporations engaged in 69.11 the provision of electric, light, heat, power, or telephone 69.12 business. 69.13 Sec. 53. Minnesota Statutes 1996, section 325E.10, 69.14 subdivision 2, is amended to read: 69.15 Subd. 2. "Motor oil" meanspetroleum basedoil used as a 69.16 lubricant or hydraulics in a transmission or internal combustion 69.17 engine motor vehicle as defined in section 168.011, subdivision 69.18 4. 69.19 Sec. 54. Minnesota Statutes 1996, section 325E.10, is 69.20 amended by adding a subdivision to read: 69.21 Subd. 2a. "Motor oil filter" means any filter used in 69.22 combination with motor oil. 69.23 Sec. 55. Minnesota Statutes 1996, section 325E.10, is 69.24 amended by adding a subdivision to read: 69.25 Subd. 5. "Used motor oil filter" means a motor oil filter 69.26 which through use, storage, or handling has become unsuitable 69.27 for its original purpose due to the presence of impurities or 69.28 loss of original properties. 69.29 Sec. 56. Minnesota Statutes 1996, section 325E.11, is 69.30 amended to read: 69.31 325E.11 [COLLECTION FACILITIES; NOTICE.] 69.32 (a) Any person selling at retail or offering motor oil or 69.33 motor oil filters for retail sale in this state shall: 69.34 (1) post a notice indicating the nearest location where 69.35 used motor oil and used motor oil filters may be returned at no 69.36 cost for recycling or reuse, post a toll-free telephone number 70.1 that may be called by the public to determine a convenient 70.2 location, or post a listing of locations where used motor oil 70.3 and used motor oil filters may be returned at no cost for 70.4 recycling or reuse; or 70.5 (2) if the person is subject to section 325E.112, post a 70.6 notice informing customers purchasing motor oil or motor oil 70.7 filters of the location of the used motor oil and used motor oil 70.8 filter collection site established by the retailer in accordance 70.9 with section 325E.112 where used motor oil and used motor oil 70.10 filters may be returned at no cost. 70.11 (b) A notice under paragraph (a) shall be posted on or 70.12 adjacent to the motor oil and motor oil filter displays, be at 70.13 least 8-1/2 inches by 11 inches in size, contain the universal 70.14 recycling symbol with the following language: 70.15 (1) "It is illegal to put used oil and used motor oil 70.16 filters in the garbage."; 70.17 (2) "Recycle your used oil and used motor oil filters."; 70.18 and 70.19 (3)(i) "There is a free collection site here for your used 70.20 oil and used motor oil filters."; or 70.21 (ii) "There is a free collection site for used oil and used 70.22 motor oil filters located at (name of business and street 70.23 address)." 70.24 (c) The division of weights and measures under the 70.25 department of public service shall enforce compliance with this 70.26 section as provided in section 239.54. The pollution control 70.27 agency shall enforce compliance with this section under sections 70.28 115.071 and 116.072 in coordination with the division of weights 70.29 and measures. 70.30 Sec. 57. Minnesota Statutes 1996, section 325E.112, 70.31 subdivision 2, is amended to read: 70.32 Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used 70.33 motor oil reimbursement program is established to provide 70.34partialreimbursement of the costs of disposing of contaminated 70.35 used motor oil. In order to receive reimbursement, persons who 70.36 accept used motor oil from the public or parties that they have 71.1 contracted with to accept used motor oil must provide to the 71.2 commissioner of the pollution control agency proof of 71.3 contamination, information on methods the person used to prevent 71.4 the contamination of used motor oil at the site, a copy of the 71.5 billing for disposal costs incurred because of the contamination 71.6 and proof of payment, and a copy of the hazardous waste manifest 71.7 or shipping paper used to transport the waste. The commissioner 71.8 shall reimburse a recipient of contaminated used motor oil9071.9 100 percent of the costs of properly disposing of the 71.10 contaminated used motor oil. The commissioner may not reimburse 71.11 persons who intentionally place contaminants or do not take 71.12 precautions to prevent contaminants from being placed in used 71.13 motor oil, or operate a private collection site that is not 71.14 publicly promotable or listed with the agency. A person 71.15 operating a collection site must, except under unusual 71.16 circumstances, accept up to five gallons of used motor oil and 71.17 five used motor oil filters per person without charging a fee, 71.18 but may refuse to accept any used motor oil that is from a 71.19 business, or appears to be contaminated with antifreeze, 71.20 hazardous waste, or other materials that may increase the cost 71.21 of used motor oil management and disposal. A person operating a 71.22 collection site must have staff at the site and must control 71.23 access to the public during times when the site is closed. 71.24 Persons operating government collection sites are eligible for 71.25 reimbursement of the costs of disposing of contaminated used 71.26 motor oil. Reimbursements made under this subdivision are 71.27 limited to the money available in the contaminated used motor 71.28 oil reimbursement account. 71.29 Sec. 58. Minnesota Statutes 1996, section 373.01, 71.30 subdivision 1, is amended to read: 71.31 Subdivision 1. [PUBLIC CORPORATION; LISTED POWERS.] Each 71.32 county is a body politic and corporate and may: 71.33 (1) Sue and be sued. 71.34 (2) Acquire and hold real and personal property for the use 71.35 of the county, and lands sold for taxes as provided by law. 71.36 (3) Purchase and hold for the benefit of the county real 72.1 estate sold by virtue of judicial proceedings, to which the 72.2 county is a party. 72.3 (4) Sell, lease, and convey real or personal estate owned 72.4 by the county, and give contracts or options to sell, lease, or 72.5 convey it, and make orders respecting it as deemed conducive to 72.6 the interests of the county's inhabitants. 72.7 No sale, lease, or conveyance of real estate owned by the 72.8 county, except the lease of a residence acquired for the 72.9 furtherance of an approved capital improvement project, nor any 72.10 contract or option for it, shall be valid, without first 72.11 advertising for bids or proposals in the official newspaper of 72.12 the county for three consecutive weeks and once in a newspaper 72.13 of general circulation in the area where the property is 72.14 located. The notice shall state the time and place of 72.15 considering the proposals, contain a legal description of any 72.16 real estate, and a brief description of any personal property. 72.17 Leases that do not exceed $15,000 for any one year may be 72.18 negotiated and are not subject to the competitive bid procedures 72.19 of this section. All proposals estimated to exceed $15,000 in 72.20 any one year shall be considered at the time set for the bid 72.21 opening, and the one most favorable to the county accepted, but 72.22 the county board may, in the interest of the county, reject any 72.23 or all proposals. Sales of personal property the value of which 72.24 is estimated to be $15,000 or more shall be made only after 72.25 advertising for bids or proposals as provided for real estate. 72.26 Sales of personal property the value of which is estimated to be 72.27 less than $15,000 may be made either on competitive bids or in 72.28 the open market, in the discretion of the county board. 72.29 Notwithstanding anything to the contrary herein, the county may, 72.30 when acquiring real property for county highway right-of-way, 72.31 exchange parcels of real property of substantially similar or 72.32 equal value without advertising for bids. The estimated values 72.33 for these parcels shall be determined by the county assessor. 72.34 If real estate or personal property remains unsold after 72.35 advertising for and consideration of bids or proposals the 72.36 county may employ a broker to sell the property. The broker may 73.1 sell the property for not less than 90 percent of its appraised 73.2 market value as determined by the county. The broker's fee 73.3 shall be set by agreement with the county but may not exceed ten 73.4 percent of the sale price and must be paid from the proceeds of 73.5 the sale. 73.6 A county or its agent may rent a county-owned residence 73.7 acquired for the furtherance of an approved capital improvement 73.8 project subject to the conditions set by the county board and 73.9 not subject to the conditions for lease otherwise provided by 73.10 this clause. 73.11 In no case shall lands be disposed of without there being 73.12 reserved to the county all iron ore and other valuable minerals 73.13 in and upon the lands, with right to explore for, mine and 73.14 remove the iron ore and other valuable minerals, nor shall the 73.15 minerals and mineral rights be disposed of, either before or 73.16 after disposition of the surface rights, otherwise than by 73.17 mining lease, in similar general form to that provided by 73.18 section 93.20 for mining leases affecting state lands. The 73.19 lease shall be for a term not exceeding 50 years, and be issued 73.20 on a royalty basis, the royalty to be not less than 25 cents per 73.21 ton of 2,240 pounds, and fix a minimum amount of royalty payable 73.22 during each year, whether mineral is removed or not. 73.23 Prospecting options for mining leases may be granted for periods 73.24 not exceeding one year. The options shall require, among other 73.25 things, periodical showings to the county board of the results 73.26 of exploration work done. Minerals subject to reservation and 73.27 lease by a county under this section do not include minerals 73.28 defined as aggregate material in section 298.75, subdivision 1, 73.29 clause (1). 73.30 (5) Make all contracts and do all other acts in relation to 73.31 the property and concerns of the county necessary to the 73.32 exercise of its corporate powers. 73.33 Sec. 59. Laws 1995, chapter 220, section 19, subdivision 73.34 11, is amended to read: 73.35 Subd. 11. Energy 73.36 (a)INTER-CITY ELECTRIC VEHICLE74.1TRANSPORTATION DEMONSTRATION150,00074.2This appropriation is from the oil74.3overcharge money to the commissioner of74.4administration for an agreement with74.5Minnesota Power and Light Company to74.6develop and evaluate an electric74.7vehicle infrastructure with charging74.8stations for use between Duluth and St.74.9Paul, including installation of a74.10charging station at the state of74.11Minnesota central motor pool location.74.12This appropriation must be matched by74.13at least $30,000 of nonstate money.74.14(b)SUSTAINABLE DEVELOPMENT OF WIND 74.15 ENERGY ON FAMILY FARMS 200,000 74.16 This appropriation is from the oil 74.17 overcharge money to the commissioner of 74.18 administration for an agreement with 74.19 the sustainable resources center to 74.20 provide technical assistance and 74.21 technology transfer for the development 74.22 of wind energy harvesting. 74.23(c)(b) ONE-MEGAWATT HYBRID ELECTRICAL 74.24 GENERATION SIMULATION PROJECT 50,000 74.25 This appropriation is from the oil 74.26 overcharge money to the commissioner of 74.27 administration for an agreement with 74.28 Dan Mar & Associates in cooperation 74.29 with the agriculture utilization 74.30 research institute for a simulation 74.31 project using biofuel electrical 74.32 generation to firm up wind power to 74.33 provide electrical energy on demand. 74.34(d)(c) AVIAN POPULATION ANALYSIS FOR WIND 74.35 POWER GENERATION REGIONS 75,000 74.36 This appropriation is from the oil 74.37 overcharge money to the commissioner of 74.38 administration for an agreement with 74.39 American Wind Energy Association to 74.40 identify and assess significant avian 74.41 activity areas within identified wind 74.42 farm corridors in Minnesota. This 74.43 appropriation must be matched by at 74.44 least $75,000 of nonstate money. This 74.45 project must be completed and final 74.46 products delivered by December 31, 74.47 1997, and the appropriation is 74.48 available until that date. 74.49(e)(d) ENERGY IMPROVEMENTS IN PUBLIC 74.50 ICE ARENAS 470,000 74.51 This appropriation is from the oil 74.52 overcharge money to the commissioner of 74.53 administration for an agreement with 74.54 the Center for Energy and Environment 74.55 to assess, install, and evaluate energy 74.56 and indoor air quality improvements in 74.57 at least 25 publicly owned ice arenas 74.58 located throughout Minnesota. Projects 74.59 receiving funding from this 74.60 appropriation must be in compliance 74.61 with the indoor ice facilities prime 74.62 ice time and gender preference 75.1 requirements in Minnesota Statutes, 75.2 section 15.98. This appropriation is 75.3 for up to 50 percent of the cost of 75.4 retrofit activities. 75.5 Sec. 60. Laws 1996, chapter 351, section 2, is amended to 75.6 read: 75.7 Sec. 2. [PLANRECYCLING GOALS AND ACTIONS.] 75.8(a) By September 1, 1996, an industry group representing75.9retailers and manufacturers in Minnesota that sell motor oil and75.10motor oil filters shall submit a list to the commissioner of the75.11pollution control agency of all existing current sites that75.12collect used motor oil, used motor oil filters, or both, from75.13the public, delineating which sites collect for free, that can75.14be publicly promoted75.15(b) By September 1, 1996, an industry group representing75.16retailers and manufacturers that sell motor oil and motor oil75.17filters shall submit to the commissioner of the pollution75.18control agency a plan for a collection and recycling system for75.19used motor oil and used motor oil filters generated by the75.20public under which:75.21(1) at least 90 percent of state residents outside the75.22seven-county metropolitan area would have access to a free75.23collection site for used motor oil and used motor oil filters75.24within 25 miles of their residences;75.25 (2) at least 90 percent of state residents within the75.26seven-county metropolitan area and state residents of cities75.27with populations of greater than 2,000 residents would have75.28access to a free collection site for used motor oil and used75.29motor oil filters within five miles of their residences; and75.30(3) at least one free collection site for used motor oil75.31and used motor oil filters generated by the public would be75.32located in each county75.33(c) The plan required in paragraph (b) must include:75.34(1) an explanation of the proposed system for collecting75.35and recycling used motor oil and used motor oil filters;75.36(2) a clear assignment of responsibility and accountability75.37for implementation;76.1(3) a strategy for educating the parties responsible for76.2implementing the plan;76.3(4) a strategy for educating the public on how to recycle76.4used motor oil and used motor oil filters;76.5(5) a description of government's role, if any; and76.6(6) recommendations for legislation, if necessary.76.7(d) The plan must be implemented by June 1, 1997, and the76.8requirements in paragraph (b), clauses (1) to (3), must be met76.9by December 31, 1997. The industry group must also submit a76.10list of sites that collect used motor oil and used motor oil76.11filters from the public, specifying those sites that collect76.12used motor oil and used motor filters for free, to the pollution76.13control agency by December 31, 1997. The agency must be76.14informed by the industry group when sites begin and cease to76.15collect, or charge for the collection of, used motor oil and76.16used motor oil filters from the public, in order to allow the76.17agency to provide the public with accurate information regarding76.18collection sites.76.19(e) The industry group and the agency shall monitor the76.20effects of the collection system set forth in the plan required76.21in paragraph (b) to determine whether the requirements in76.22clauses (1) to (3) of that paragraph have been met. By November76.231, 1998, the industry group shall submit information to the76.24agency on the amount of used oil and the number of used oil76.25filters collected.76.26 Subdivision 1. (a) The following recycling or reuse goals 76.27 shall be considered met if the actions in this subdivision are 76.28 initiated by the identified parties on or before September 1, 76.29 1997, and are fully completed by December 31, 1998. 76.30 Additionally, the goals in paragraph (b) must be met in at least 76.31 50 percent of counties by December 31, 1997; 75 percent by June 76.32 1, 1998; and 100 percent by December 31, 1998. 76.33 (b) Motor oil and motor oil filter manufacturers and 76.34 retailers shall ensure that: 76.35 (1) at least 90 percent of residents within the 76.36 seven-county metropolitan area and residents of cities and towns 77.1 with populations greater than 1,500 have access to a free 77.2 nongovernment collection site for used motor oil and used motor 77.3 oil filters within five miles of their residences; and 77.4 (2) at least one free nongovernment collection site for 77.5 used motor oil and used motor oil filters generated by the 77.6 public would be located in each county. 77.7 (c) Motor oil and motor oil filter manufacturers and 77.8 retailers shall inform the public about environmental problems 77.9 and proper disposal practices associated with used motor oil and 77.10 used motor oil filters. At a minimum, this shall include public 77.11 service announcements designed to reach residents of the state 77.12 that generate used motor oil and used motor oil filters. 77.13 (d) The commissioner of the pollution control agency shall, 77.14 by December 31, 1997, and at least annually thereafter or more 77.15 frequently if deemed necessary, request motor oil and motor oil 77.16 filter manufacturers and retailers, persons who haul used motor 77.17 oil and used motor oil filters, and nongovernment persons who 77.18 accept used motor oil and used motor oil filters from the public 77.19 to provide an updated list of all existing sites that collect 77.20 used motor oil, used motor oil filters, or both, from the 77.21 public, delineating for public promotion which sites collect for 77.22 free. The commissioner shall use this information to determine 77.23 whether the parties identified in paragraph (b) have met the 77.24 goals listed in that paragraph. A collection site operated by 77.25 the state or political subdivision may be counted towards 77.26 meeting recycling goals provided that the parties responsible 77.27 for meeting the goals of this subdivision voluntarily reimburse 77.28 the state or political subdivision for all of their costs 77.29 associated with used motor oil and used motor oil filter 77.30 recycling. Persons who accept used motor oil and used motor oil 77.31 filters from the public shall cooperate with manufacturers and 77.32 retailers of motor oil and motor oil filters to inform the 77.33 agency within ten days of initiating or ceasing to collect used 77.34 motor oil or used motor oil filters from the public. The 77.35 information shall be provided in a form and manner prescribed by 77.36 the commissioner. 78.1 (e) Motor oil filter manufacturers shall disclose to 78.2 retailers whether lead has been intentionally introduced in 78.3 manufacturing, and retailers shall not knowingly sell motor oil 78.4 filters containing lead intentionally introduced in 78.5 manufacturing. 78.6 Subd. 2. The commissioner of the pollution control agency 78.7 may appoint an advisory group of diverse interests to assist the 78.8 agency with experimentation with various approaches to public 78.9 education, financial incentives, waste management, and other 78.10 issues that might affect the effectiveness of recycling 78.11 efforts. The commissioner may request parties responsible for 78.12 meeting the recycling goals in subdivision 1 to voluntarily pay 78.13 for some of the experimentation costs. The existence of this 78.14 advisory group in no way relieves the parties identified in 78.15 subdivision 1 of responsibility for meeting the goals listed in 78.16 that subdivision. The commissioner of the pollution control 78.17 agency shall appoint an advisory group chair. 78.18(f)Subd. 3. By January 15, 1999, the commissioner of the 78.19 pollution control agency shall report to the environment and 78.20 natural resources committees of the senate and the house of 78.21 representatives on the amount of used motor oil and used motor 78.22 oil filters being recycled and whether therequirementsgoals in 78.23paragraph (b), clauses (1) to (3),subdivision 1 have been met 78.24 and recommend whether the mandate for retailers of motor oil and 78.25 filters described in Minnesota Statutes, section 325E.112, 78.26 subdivision 1, is needed to achieve the recycling goals. 78.27 Sec. 61. Laws 1996, chapter 463, section 7, subdivision 78.28 24, is amended to read: 78.29 Subd. 24. McQuade Public Access 500,000 78.30 For acquisition and development of a 78.31 public access on Lake Superior in the 78.32 city of Duluth, the town of Duluth, and 78.33 the town of Lakewood. This 78.34 appropriation must be matched by a 78.35 total of$350,000$50,000 fromthe iron78.36range resources and rehabilitation78.37board andnonstate sources and is 78.38 contingent on sufficient land owned by 78.39 the cities and the town, the value of 78.40 which may not be applied as part of the 78.41 required match, being made available to 78.42 complete the project. The total value 79.1 of the project must be at least 79.2 $850,000. 79.3 Sec. 62. [SALE OF STATE FOREST LAND.] 79.4 (a) Notwithstanding Minnesota Statutes, section 89.01, 79.5 subdivision 5, the commissioner of natural resources may sell 79.6 school trust and acquired state land in the Richard J. Dorer 79.7 Memorial Hardwood State Forest described in this section in the 79.8 manner for sale of trust fund and acquired lands under Minnesota 79.9 Statutes, chapter 92 or 94. 79.10 (b) The land that may be sold is described as follows: 79.11 (1) Township 110 North, Range 12 West, Section 28, the 79.12 Southeast Quarter of the Southwest Quarter containing 40 acres 79.13 more or less and the Southwest Quarter of the Southeast Quarter 79.14 containing 40 acres more or less, in Wabasha County; 79.15 (2) Township 107 North, Range 8 West, Section 16, the 79.16 Northeast Quarter of the Southeast Quarter containing 40 acres 79.17 more or less, the Southwest Quarter of the Southeast Quarter 79.18 containing 40 acres more or less, in Winona County; 79.19 (3) Township 106 North, Range 5 West, Section 30, the 79.20 Southeast Quarter of the Southeast Quarter containing 40 acres 79.21 more or less, in Winona County; 79.22 (4) Township 106 North, Range 6 West, Section 36, the 79.23 Northeast Quarter of the Southeast Quarter containing 40 acres 79.24 more or less, in Winona County; and 79.25 (5) Township 104 North, Range 6 West, Section 6, the 79.26 Southwest Quarter of the Northwest Quarter containing 38.28 79.27 acres more or less, in Houston County. 79.28 Sec. 63. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 79.29 (a) Notwithstanding Minnesota Statutes, section 92.45, the 79.30 commissioner of natural resources may sell the state trust fund 79.31 land bordering on public waters described in paragraph (c) in 79.32 accordance with the procedures in Minnesota Statutes, chapter 92. 79.33 (b) The conveyance shall be in a form approved by the 79.34 attorney general. 79.35 (c) The land that may be sold is located in Hubbard County 79.36 and is described as: that part of the Southeast Quarter of the 80.1 Southeast Quarter of Section 8, Township 144 North, Range 32 80.2 West, Hubbard County, Minnesota, lying easterly of the Necktie 80.3 River and northerly of the centerline of county state-aid 80.4 highway No. 16, containing up to 5 acres, more or less. 80.5 (d) The sale will result in the elimination of a trespass 80.6 situation with the adjacent landowner who built a house on the 80.7 property in 1989. 80.8 Sec. 64. [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 80.9 (a) Notwithstanding the public sale requirements of 80.10 Minnesota Statutes, sections 94.09 and 94.10, the commissioner 80.11 of natural resources may sell by private sale, for a 80.12 consideration not less than its appraised value, the land 80.13 described in paragraph (c), under the remaining provisions of 80.14 Minnesota Statutes, chapter 94. 80.15 (b) The conveyance shall be in a form approved by the 80.16 attorney general. 80.17 (c) The land that may be sold is located in Otter Tail 80.18 County and is described as: all that part of the Southwest 80.19 Quarter of the Southeast Quarter of Section 22, Township 137, 80.20 Range 42, Otter Tail County, Minnesota described as follows: 80.21 beginning at the South Quarter corner of said Section 22; thence 80.22 on an assumed bearing of North 0 degrees 31 minutes 36 seconds 80.23 East along the west line of said Southwest Quarter of the 80.24 Southeast Quarter, a distance of 442.58 feet; thence South 19 80.25 degrees 29 minutes 47 seconds East a distance of 108.74 feet; 80.26 thence southeasterly on a tangential curve, concave to the 80.27 northeast, having a radius of 498.22 feet and a central angle of 80.28 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 80.29 feet to the easterly line of a tract of land described in Book 80.30 392 of Deeds, page 509, Office of the Otter Tail County 80.31 Recorder; thence South 10 degrees 03 minutes 49 seconds West 80.32 along said easterly line, a distance of 14.18 feet to the 80.33 southeast corner of said tract of land described in Book 392 of 80.34 Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 80.35 West along the south line of said Section 22, a distance of 80.36 500.80 feet to the point of beginning, containing 1.44 acres 81.1 more or less, subject to easements and reservations of public 81.2 record, if any. The grantor, for itself, its successors and 81.3 assigns, reserves an easement for use and maintenance of the 81.4 existing ditch over and across the above described parcel, being 81.5 a strip of land 33 feet in width lying 16.5 feet on each side of 81.6 the centerline of the existing ditch running in a southwesterly 81.7 direction from the township road to the west line of said 81.8 Southwest Quarter of the Southeast Quarter. 81.9 (d) The commissioner has determined that the land is no 81.10 longer useful for any natural resource purpose, or any other 81.11 public purpose, and intends to sell this unneeded land to the 81.12 adjoining landowner to resolve an inadvertent trespass. 81.13 Sec. 65. [SALE OF STATE LAND IN CROW WING COUNTY.] 81.14 (a) Notwithstanding Minnesota Statutes, section 92.45, the 81.15 commissioner of natural resources may sell acquired state land 81.16 bordering public waters described in this section in accordance 81.17 with Minnesota Statutes, section 85.015, subdivision 1, 81.18 paragraph (b), and chapter 94. 81.19 (b) The land that may be sold is located in Crow Wing 81.20 County and is described as follows: 81.21 (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 81.22 Addition; and 81.23 (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 81.24 Addition. 81.25 Sec. 66. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 81.26 IN PINE COUNTY.] 81.27 (a) Notwithstanding Minnesota Statutes, section 92.45, the 81.28 commissioner of natural resources may sell the land described in 81.29 paragraph (b) to the city of Willow River in the manner 81.30 prescribed by Minnesota Statutes, section 84.027, subdivision 81.31 10. The conveyance must provide that the land revert to the 81.32 state of Minnesota should the land cease to be retained and 81.33 developed as Stanton Lake Park for public use. 81.34 (b) The land that may be sold is located in Pine county and 81.35 described as: 81.36 All that part of the following described tract: that part 82.1 of the Northeast Quarter of the Southwest Quarter of Section 2, 82.2 Township 44 North, Range 20 West, of the Fourth Principal 82.3 Meridian, situated in Pine County, described as follows: 82.4 beginning at a point on the east and west one quarter line of 82.5 Section 2 at the intersection with the easterly right-of-way 82.6 line of U.S. Highway No. 61; thence in a southerly direction 82.7 along said easterly right-of-way line of U.S. Highway No. 61 a 82.8 distance of 695 feet; thence in a northeasterly direction at an 82.9 angle of 60 degrees with the U.S. Highway No. 61 right-of-way 82.10 line for a distance of 410 feet to a point on the lake bank; 82.11 thence in a northeasterly direction at an angle of 153 degrees 82.12 35 minutes with the preceding line to the intersection with the 82.13 east and west one quarter line of Section 2, thence in a 82.14 westerly direction along said east and west one quarter line of 82.15 Section 2 to point of beginning, containing 5.81 acres, more or 82.16 less. 82.17 (c) This property was purchased for development of the 82.18 Stanton Lake dam. The state, its agents, and servants shall 82.19 retain ownership of the dam and retain perpetual access to the 82.20 dam via the existing road for the purposes of inspection, 82.21 maintenance, repair, or reconstruction. The state shall not be 82.22 held liable to make any immediate repairs on the dam. Such work 82.23 shall be based on availability of dam maintenance funds. The 82.24 land in this section is not needed for resource management and 82.25 has been declared surplus. It best serves the public interest 82.26 if this property is sold and proceeds used for acquisition of 82.27 other land. 82.28 Sec. 67. [HORSESHOE BAY LEASES.] 82.29 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee 82.30 of lands leased under Minnesota Statutes, section 92.46, that 82.31 are located in Section 16, Township 62 North, Range 4 East, Cook 82.32 County, of record with the commissioner of natural resources as 82.33 of May 14, 1993. 82.34 (b) "New lease" means a lease issued after the effective 82.35 date of this act under the terms and conditions specified in 82.36 Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 83.1 except that the lease may be for a life term and is not 83.2 assignable or transferable and may not be amended to include 83.3 additional lessees. 83.4 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in 83.5 writing by a lessee before January 1, 1998, the commissioner 83.6 shall, at the lessee's option: 83.7 (1) pay to the lessee the appraised value of the lessee's 83.8 improvements on the land and terminate the existing lease as of 83.9 the date of payment for improvements; or 83.10 (2) issue a new lease for the life of the lessee that 83.11 provides that when the lease term expires, the commissioner 83.12 shall pay to the lessee or a beneficiary that must be designated 83.13 in writing by the lessee the appraised value of the lessee's 83.14 improvements on the land. A lessee who elects this option may 83.15 elect to terminate the lease at any time during the term of the 83.16 lease in exchange for payment by the commissioner for the 83.17 appraised value of the lessee's improvements on the land. 83.18 (b) If the commissioner has not received written notice of 83.19 a lessee's election by January 1, 1998, the commissioner may 83.20 proceed under paragraph (a), clause (1). 83.21 (c) After the effective date of this section, no lessee 83.22 under paragraph (a), clause (2), shall construct or remodel, 83.23 other than necessary for maintenance and upkeep, a cabin or 83.24 other structure during the lease. 83.25 (d) The commissioner may use money appropriated from the 83.26 land acquisition account under Minnesota Statutes, section 83.27 94.165, for payments under paragraph (a). 83.28 Sec. 68. [PRIVATE SALE OF STATE LAND IN CLEARWATER 83.29 COUNTY.] 83.30 (a) Notwithstanding Minnesota Statutes, sections 92.45; 83.31 97A.135, subdivision 2a; and 282.01, subdivision 2; and the 83.32 public sale provisions of Minnesota Statutes, chapter 94, the 83.33 commissioner of natural resources may sell the land described in 83.34 paragraph (c) to the adjoining landowner for $1,000. 83.35 (b) The conveyance must be in a form approved by the 83.36 attorney general and must provide that: 84.1 (1) the land may not be sold for commercial use or be 84.2 developed into more than a two-family residence; and 84.3 (2) placement or construction of additional buildings or 84.4 structures on the land, including corrals and animal shelters or 84.5 pens, is prohibited. 84.6 (c) The land that may be sold is located in Clearwater 84.7 county and is described as follows: 84.8 That part of Government Lot 6, Section 18, Township 143 84.9 North, Range 37 West, Clearwater County, Minnesota, described as 84.10 follows: 84.11 Beginning at the northeast corner of Lot 1 Block 1 of 84.12 HIGHLAND VIEW, on file and of record in the office of the County 84.13 Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 84.14 MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 84.15 of said Lot 1 bears, assumed bearing, North 88 degrees 57 84.16 minutes 39 seconds West; thence North 80 degrees 50 minutes 33 84.17 seconds West 275.16 feet to a DNR MON; thence North 85 degrees 84.18 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 84.19 50 degrees 06 minutes 54 seconds West 68.17 feet to the north 84.20 line of said Lot 1 and a DNR MON; thence South 88 degrees 57 84.21 minutes 39 seconds East along the north line of said Lot 1 a 84.22 distance of 417.62 feet to the point of beginning, containing 84.23 0.23 acres. 84.24 (d) The sale authorized by this section would resolve an 84.25 inadvertent trespass consisting of the encroachment of a private 84.26 dwelling on state land. 84.27 (e) The sale authorized by this section is subject to the 84.28 following additional conditions: 84.29 (1) the costs of construction and maintenance of a boundary 84.30 fence are the sole responsibility of the purchaser; and 84.31 (2) the adjoining landowner shall reimburse the department 84.32 of natural resources for the cost of surveying the land and for 84.33 time spent by department staff relating to this land trespass 84.34 matter. 84.35 Sec. 69. [LOAN FORGIVENESS.] 84.36 The outstanding balance of the loan to the city of Fridley 85.1 for reconstruction of the Locke Lake dam, that was appropriated 85.2 in Laws 1991, chapter 254, article 1, section 5, subdivision 3, 85.3 is canceled and forgiven. 85.4 Sec. 70. [PROTECTION OF OLD GROWTH FOREST AREA.] 85.5 The commissioner of natural resources shall negotiate with 85.6 the city of Duluth, the Duluth Airport Authority, and other 85.7 federal, state, and local parties to identify and delineate the 85.8 land subject to the 1939 conveyance on Minnesota Point and 85.9 develop a management plan that will provide a level of 85.10 protection sufficient to ensure the continued ecological 85.11 integrity of the area and to prohibit further cutting of the old 85.12 growth forest area. 85.13 Sec. 71. [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF 85.14 1995 REPORT.] 85.15 The commissioner of the pollution control agency shall, by 85.16 January 1, 1998, and each even-numbered year thereafter, provide 85.17 the chairs of the house and senate committees with primary 85.18 jurisdiction over the agency's budget with the following 85.19 information: 85.20 (1) an updated list of all wastewater treatment upgrade and 85.21 construction projects the agency has identified to meet existing 85.22 and proposed water quality standards and regulations; 85.23 (2) an estimate of the total costs associated with the 85.24 projects listed in clause (1), and the projects' priority 85.25 ranking under Minnesota Rules, chapter 7077. The costs of 85.26 projects necessary to meet existing standards must be identified 85.27 separately from the costs of projects necessary to meet proposed 85.28 standards; 85.29 (3) the commissioner's best estimate, developed in 85.30 consultation with the commissioner of trade and economic 85.31 development and affected permittees, of the increase in sewer 85.32 service rates to the residents in the municipalities required to 85.33 construct the projects listed in clause (1) resulting from the 85.34 cost of these projects; and 85.35 (4) a list of existing and proposed state water quality 85.36 standards which are more stringent than is necessary to comply 86.1 with federal law, either because the standard has no applicable 86.2 federal water quality criteria, or because the standard is more 86.3 stringent than the applicable federal water quality criteria. 86.4 Sec. 72. [PILOT PROGRAM; CONTROL OF CROP DEPREDATION BY 86.5 DEER AND MIGRATORY WATERFOWL.] 86.6 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 86.7 of natural resources shall establish a pilot program to assist 86.8 agricultural producers whose agricultural crops or stored 86.9 livestock feed are damaged or destroyed by wildlife. The 86.10 program must provide grants for the acquisition and/or 86.11 installation of wildlife deterrent devices. 86.12 (b) For purposes of this section, wildlife means deer or 86.13 migratory waterfowl; deterrent devices means fences, materials, 86.14 or practices at least as effective as fences. 86.15 (c) The commissioner, in cooperation with the commissioner 86.16 of agriculture, shall prepare and distribute within each 86.17 agricultural county forms for reporting crop depredation 86.18 incidents and applications for crop depredation grants. 86.19 Subd. 2. [BENEFITS TO PROPERTY OWNERS, TENANTS.] (a) An 86.20 eligible property owner or tenant may receive one or more 86.21 grants, up to a maximum lifetime limit of $3,000, for deterrent 86.22 devices to protect agricultural crops or stored livestock feed 86.23 from damage or destruction by wildlife. 86.24 (b) The property owner or tenant must apply to the 86.25 commissioner on forms provided by the commissioner. The 86.26 application must include reasonable documentation of the need 86.27 for the requested deterrent devices. 86.28 Subd. 3. [ELIGIBILITY FOR PARTICIPATION.] A property owner 86.29 or tenant desiring to participate in the wildlife depredation 86.30 grant program must agree to: 86.31 (1) annually provide one or more planted wildlife food 86.32 plots having a combined area of five acres or more; 86.33 (2) maintain the fencing or deterrent devices as 86.34 appropriate and provide secure storage for the devices during 86.35 seasons or periods when not in use; and 86.36 (3) return the deterrent devices to an agent of the 87.1 commissioner of natural resources or the commissioner of 87.2 agriculture when the need no longer exists to provide protection 87.3 from crop depredation, either from changes in the agricultural 87.4 practices on the property or from mitigation of wildlife 87.5 depredation concerns in the area. 87.6 Subd. 4. [PROGRAM FOR MIGRATORY WATERFOWL.] A property 87.7 owner or tenant is eligible for a grant under the crop 87.8 depredation program for damage caused by migratory waterfowl if: 87.9 (1) the property is located in a migratory waterfowl flyway 87.10 as recognized by the commissioner of natural resources; and 87.11 (2) the depredation occurs during the spring crop growing 87.12 season or during the fall agricultural crop harvest season. 87.13 Subd. 5. [PROGRAM FOR DEER.] A property owner or tenant is 87.14 eligible for a grant under the crop depredation program for 87.15 damage caused by deer if: 87.16 (1) the depredation occurs during winter months; 87.17 (2) the depredation occurs within a winter feeding range 87.18 recognized by the commissioner of natural resources; and 87.19 (3) the commissioner has received five or more filed 87.20 complaints of crop or stored feed damage by deer within the 87.21 township where the property is located. 87.22 Sec. 73. [REPORT BY OFFICE OF ENVIRONMENTAL ASSISTANCE.] 87.23 By January 20, 1998, the office of environmental assistance 87.24 shall report to the senate and house of representatives 87.25 environment and natural resources committees on its 87.26 comprehensive review of the Waste Management Act and make 87.27 recommendations for any changes in the law. The report shall 87.28 address options to improve waste reduction and recycling 87.29 programs and the integrated waste management system, including 87.30 whether additional product labeling should be required for 87.31 products sold in Minnesota which require special disposal 87.32 practices. The report must discuss the extent to which current 87.33 authority under Minnesota Statutes, sections 115A.952 and 87.34 115A.956, can accomplish the objectives of Minnesota Statutes 87.35 1996, section 115A.9523. 87.36 Sec. 74. [JOINT DITCH NO. 1, CHISAGO AND WASHINGTON 88.1 COUNTIES.] 88.2 Notwithstanding Minnesota Statutes, section 103E.811, the 88.3 counties of Chisago and Washington may, after making a 88.4 determination that joint ditch no. 1 is not of public benefit 88.5 and utility, order its abandonment. 88.6 Sec. 75. [WATER QUALITY REVIEW PILOT PROGRAM.] 88.7 (a) If a local unit of government permitted by the 88.8 pollution control agency to discharge wastewater to the surface 88.9 waters of the state petitions the agency prior to July 1, 1999, 88.10 under Minnesota Statutes, section 14.09, to adopt, amend, or 88.11 repeal a rule contained in Minnesota Rules, chapter 7050, the 88.12 agency and the local unit of government shall contract with an 88.13 independent third party to conduct a cost benefit and scientific 88.14 analysis and issue an opinion concerning whether or not the rule 88.15 that is the subject of the petition is appropriate, and shall 88.16 agree on the scope and cost of the analysis. If they are unable 88.17 to agree, the agency and the local unit of government shall 88.18 report this to the chairs of the committees with jurisdiction 88.19 over the environment and the agency's budget in the house of 88.20 representatives and the senate. No more than three third-party 88.21 studies may be required under this section. 88.22 (b) Upon the issuance of the third party's findings and 88.23 opinion, and if the third party recommends a rule change, the 88.24 agency shall within 180 days publish a notice of intent to adopt 88.25 a rule or a notice of hearing in accordance with Minnesota 88.26 Statutes, sections 14.05 to 14.28. The proposed rule shall 88.27 either incorporate any alternative rules recommended by the 88.28 third party or reject, in whole or in part, the opinion and any 88.29 alternative rules recommended by the third party. If the agency 88.30 rejects any portion of the third party's opinion or recommended 88.31 alternative rules, it must proceed directly to a hearing 88.32 pursuant to Minnesota Statutes, sections 14.14 to 14.20. At 88.33 this hearing the findings of fact of the third party shall be 88.34 given weight equal to the findings of fact of the agency. 88.35 (c) Except as described in paragraph (d), the agency may 88.36 not issue an order based on the particular section of the rule 89.1 being petitioned that would require any capital expenditures for 89.2 construction of new or expanded wastewater treatment facilities: 89.3 (1) during the time the independent third party is 89.4 analyzing the rule; 89.5 (2) if the third party recommends a rule change, until the 89.6 conclusion of the rulemaking process described in paragraph (b); 89.7 or 89.8 (3) if the agency or local unit of government report they 89.9 are unable to agree on the scope and cost of the analysis 89.10 described in paragraph (a), until 90 days after the beginning of 89.11 the next annual legislative session. 89.12 (d) Paragraph (c) does not apply if the agency finds that 89.13 the capital expenditure is necessary to comply with any federal 89.14 law, rule, regulation, or guideline, or if the commissioner of 89.15 the agency certifies to the legislature that the expenditure is 89.16 necessary to address an immediate threat to public health. The 89.17 presence of chemicals at a level believed to be carcinogenic, 89.18 cause birth defects, or mimic natural endocrines is considered 89.19 to be an immediate threat to public health. 89.20 (e) A local unit of government bringing a petition must pay 89.21 the full cost incurred by the independent third party to analyze 89.22 and issue its factual findings and recommendations. The cost of 89.23 the third party's analysis must be agreed to by the local unit 89.24 of government and third party before costs are incurred. 89.25 (f) This section does not apply if a local unit of 89.26 government petitions under Minnesota Statutes, section 14.09, 89.27 without requesting a third-party analysis. 89.28 Sec. 75. [YEAR 2000 READY.] 89.29 Any computer software or hardware that is purchased with 89.30 money appropriated in this bill must be year 2000 ready. 89.31 Sec. 76. [REPEALER.] 89.32 Minnesota Statutes 1996, sections 1.31; 1.32; 1.33; 1.34; 89.33 1.35; 1.36; 1.37; 1.38; 1.39; and 1.40, are repealed effective 89.34 June 30, 1998. Minnesota Statutes 1996, sections 84B.11; and 89.35 115A.9523; and Laws 1995, chapter 220, section 21, are repealed. 89.36 Laws 1995, chapter 77, section 3, is repealed effective the 90.1 day after final enactment. 90.2 Minnesota Rules, part 7009.0060, is repealed. 90.3 Sec. 77. [EFFECTIVE DATES.] 90.4 Section 41 is effective January 1, 1998. 90.5 Section 48, subdivision 3, is effective April 1, 1998. 90.6 Sections 32, 53 to 58, 60, and 62 to 68 are effective the day 90.7 following final enactment.