HF 2733

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/29/2014 11:00am

1.1A bill for an act

1.2relating to natural resources; modifying all-terrain vehicle operating restrictions;
1.3providing for certain regulatory efficiencies; modifying use and designation
1.4of forest trails; modifying invasive species provisions; modifying Water Law;
1.5modifying outdoor recreation system provisions; modifying environmental
1.6review requirements; appropriating money;amending Minnesota Statutes 2012,
1.7sections 17.4982, subdivision 18a; 84.027, subdivisions 12, 13a, 14a; 84.0857;
1.884.925, subdivision 5; 84.926, subdivisions 2, 4; 84D.01, subdivisions 8, 8b,
1.913, 15, 17, 18; 84D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11,
1.10subdivision 2a; 84D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 97C.417;
1.1197C.821; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245,
1.12subdivision 2; 103G.615, subdivision 3a; 116D.04, subdivision 2a; Minnesota
1.13Statutes 2013 Supplement, sections 84.027, subdivision 13; 84D.10, subdivision
1.144; 103G.287, subdivision 4; repealing Minnesota Statutes 2012, sections 84.521;
1.1589.01, subdivision 7; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17    Section 1. Minnesota Statutes 2012, section 17.4982, subdivision 18a, is amended to
1.18read:
1.19    Subd. 18a. Nonindigenous species. "Nonindigenous species" means a species of
1.20fish or other aquatic life that is:
1.21(1) not known to have been historically present in the state;
1.22(2) not known to be naturally occurring in a particular part of the state; or
1.23(3) designated listed by rule as a prohibited or regulated invasive species.

1.24    Sec. 2. Minnesota Statutes 2012, section 84.027, subdivision 12, is amended to read:
1.25    Subd. 12. Property disposal; gift acknowledgment; advertising sales. (a) The
1.26commissioner may give away to members of the public items with a value of less than $50
1.27that are intended to promote conservation of natural resources or create awareness of the
2.1state and its resources or natural resource management programs. The total value of items
2.2given to the public under this paragraph may not exceed $25,000 per year.
2.3(b) (a) The commissioner may recognize the contribution of money or in-kind
2.4services on plaques, signs, publications, audio-visual materials, and media advertisements
2.5by allowing the organization's contribution to be acknowledged in print of readable size.
2.6(c) (b) The commissioner may accept paid advertising for departmental publications.
2.7Advertising revenues received are appropriated to the commissioner to be used to
2.8defray costs of publications, media productions, or other informational materials. The
2.9commissioner may not accept paid advertising from any elected official or candidate
2.10for elective office.

2.11    Sec. 3. Minnesota Statutes 2013 Supplement, section 84.027, subdivision 13, is
2.12amended to read:
2.13    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
2.14adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
2.15under:
2.16(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
2.17areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
2.18prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
2.19disease, to open or close bodies of water or portions of bodies of water for night bow
2.20fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.21(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
2.22roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.23(3) section 84D.12 to designate list prohibited invasive species, regulated invasive
2.24species, unregulated nonnative species, and infested waters.
2.25(b) If conditions exist that do not allow the commissioner to comply with sections
2.2697A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
2.27based upon current biological and harvest data, the commissioner may adopt a rule
2.28under this subdivision by submitting the rule to the attorney general for review under
2.29section 97A.0455, publishing a notice in the State Register and filing the rule with the
2.30secretary of state and the Legislative Coordinating Commission, and complying with
2.31section 97A.0459, and including a statement of the conditions and a copy of the rule in the
2.32notice. The conditions for opening a water body or portion of a water body for night bow
2.33fishing under this section may include the need to temporarily open the area to evaluate
2.34compatibility of the activity on that body of water prior to permanent rulemaking. The
3.1notice may be published after it is received from the attorney general or five business days
3.2after it is submitted to the attorney general, whichever is earlier.
3.3(c) Rules adopted under paragraph (b) are effective upon publishing in the State
3.4Register and may be effective up to seven days before publishing and filing under
3.5paragraph (b), if:
3.6(1) the commissioner of natural resources determines that an emergency exists;
3.7(2) the attorney general approves the rule; and
3.8(3) for a rule that affects more than three counties the commissioner publishes the
3.9rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
3.10rule that affects three or fewer counties the commissioner publishes the rule once in a legal
3.11newspaper in each of the affected counties.
3.12(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
3.13(3), may not be effective earlier than seven days after publication.
3.14(e) A rule published under paragraph (c), clause (3), may be effective the day the
3.15rule is published if the commissioner gives notice and holds a public hearing on the rule
3.16within 15 days before publication.
3.17(f) The commissioner shall attempt to notify persons or groups of persons affected
3.18by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
3.19other appropriate means as determined by the commissioner.
3.20(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
3.21effective for the period stated in the notice but not longer than 18 months after the rule is
3.22effective.

3.23    Sec. 4. Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:
3.24    Subd. 13a. Game and fish expedited permanent rules. In addition to the authority
3.25granted in subdivision 13, the commissioner of natural resources may adopt rules under
3.26section 14.389 that are authorized under:
3.27    (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
3.28designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
3.29to provide for registration of game or fish, to prevent or control wildlife disease, or to
3.30correct errors or omissions in rules that do not have a substantive effect on the intent or
3.31application of the original rule; or
3.32    (2) section 84D.12 to designate list prohibited invasive species, regulated invasive
3.33species, and unregulated nonnative species.

3.34    Sec. 5. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
4.1    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
4.2and resource management permits be issued or denied within 150 days of the submission
4.3of a permit application. The commissioner of natural resources shall establish management
4.4systems designed to achieve the goal.
4.5(b) The commissioner shall prepare semiannual a permitting efficiency reports
4.6 report that include includes statistics on meeting the goal in paragraph (a). The reports
4.7are report is due February 1 and August 1 each year. For permit applications that have
4.8not met the goal, the report must state the reasons for not meeting the goal. In stating the
4.9reasons for not meeting the goal, the commissioner shall separately identify delays caused
4.10by the responsiveness of the proposer, lack of staff, scientific or technical disagreements,
4.11or the level of public engagement. The report must specify the number of days from
4.12initial submission of the application to the day of determination that the application is
4.13complete. The report for August 1 each year must aggregate the data for the year and
4.14assess whether program or system changes are necessary to achieve the goal. The report
4.15must be posted on the department's Web site and submitted to the governor and the chairs
4.16and ranking minority members of the house of representatives and senate committees
4.17having jurisdiction over natural resources policy and finance.
4.18(c) The commissioner shall allow electronic submission of environmental review
4.19and permit documents to the department.
4.20(d) Beginning July 1, 2011, within 30 business days of application for a permit subject
4.21to paragraph (a), the commissioner of natural resources shall notify the project proposer,
4.22in writing, whether the application is complete or incomplete. If the commissioner
4.23determines that an application is incomplete, the notice to the applicant must enumerate
4.24all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
4.25the applicant on how the deficiencies can be remedied. This paragraph does not apply to
4.26an application for a permit that is subject to a grant or loan agreement under chapter 446A.

4.27    Sec. 6. Minnesota Statutes 2012, section 84.0857, is amended to read:
4.2884.0857 FACILITIES MANAGEMENT ACCOUNT.
4.29    (a) The commissioner of natural resources may bill organizational units within
4.30the Department of Natural Resources and other governmental units, including tribal
4.31governments, for the costs of providing them with building and infrastructure facilities.
4.32Costs billed may include modifications and adaptations to allow for appropriate building
4.33occupancy, building code compliance, insurance, utility services, maintenance, repair, and
4.34other direct costs as determined by the commissioner. Receipts shall be credited to a
5.1special account in the state treasury and are appropriated to the commissioner to pay the
5.2costs for which the billings were made.
5.3    (b) Money deposited in the special account from the proceeds of a sale under section
5.494.16 , subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
5.5facilities or renovate existing buildings for administrative use or to acquire land for,
5.6design, and construct administrative buildings for the Department of Natural Resources.
5.7(c) The commissioner of natural resources may bill organizational units within
5.8the Department of Natural Resources and other governmental units, including tribal
5.9governments, for the costs of operating facilities. Receipts shall be credited to a special
5.10account in the state treasury and are appropriated to the commissioner to pay the costs
5.11for which the billings were made.

5.12    Sec. 7. Minnesota Statutes 2012, section 84.925, subdivision 5, is amended to read:
5.13    Subd. 5. Training requirements. (a) An individual who was born after July 1,
5.141987, and who is 16 18 years of age or older, must successfully complete the independent
5.15study course component of all-terrain vehicle safety training before operating an all-terrain
5.16vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.
5.17    (b) An individual who is convicted of violating a law related to the operation of an
5.18all-terrain vehicle must successfully complete the independent study course component of
5.19all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
5.20    (c) An individual who is convicted for a second or subsequent excess speed, trespass,
5.21or wetland violation in an all-terrain vehicle season, or any conviction for careless or
5.22reckless operation of an all-terrain vehicle, must successfully complete the independent
5.23study and the testing and operating course components of all-terrain vehicle safety training
5.24before continuing operation of an all-terrain vehicle.
5.25    (d) An individual who receives three or more citations and convictions for violating a
5.26law related to the operation of an all-terrain vehicle in a two-year period must successfully
5.27complete the independent study and the testing and operating course components of
5.28all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
5.29    (e) An individual must present evidence of compliance with this subdivision before
5.30an all-terrain vehicle registration is issued or renewed.

5.31    Sec. 8. Minnesota Statutes 2012, section 84.926, subdivision 2, is amended to read:
5.32    Subd. 2. All-terrain vehicles; managed or limited forests; off trail.
5.33Notwithstanding section 84.777, but subject to the commissioner's authority under
5.34subdivision 5, on state forest lands classified as managed or limited, other than the Richard
6.1J. Dorer Memorial Hardwood Forest, a person may use an all-terrain vehicle off forest
6.2trails or forest roads when:
6.3(1) hunting big game or transporting or installing hunting stands during October,
6.4November, and December, when in possession of a valid big game hunting license;
6.5(2) transporting or installing hunting stands or bait in August and retrieving big
6.6game in September, when in possession of a valid big game hunting license;
6.7(3) tending traps during an open trapping season for protected furbearers, when in
6.8possession of a valid trapping license; or
6.9(4) trapping minnows, when in possession of a valid minnow dealer, private fish
6.10hatchery, or aquatic farm license.

6.11    Sec. 9. Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:
6.12    Subd. 4. Off-road and all-terrain vehicles; limited or managed forests; trails.
6.13Notwithstanding section 84.777, but subject to the commissioner's authority under
6.14subdivision 5, on state forest lands classified as limited or managed, other than the Richard
6.15J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
6.16168 or section 84.798 or 84.922, including class 2 all-terrain vehicles, on forest trails
6.17designated for off-road vehicle use and on forest trails that are not designated for a
6.18specific use when:
6.19(1) hunting big game or transporting or installing hunting stands during October,
6.20November, and December, when in possession of a valid big game hunting license;
6.21(2) transporting or installing hunting stands or bait in August and retrieving big
6.22game in September, when in possession of a valid big game hunting license;
6.23(3) tending traps during an open trapping season for protected furbearers, when in
6.24possession of a valid trapping license; or
6.25(4) trapping minnows, when in possession of a valid minnow dealer, private fish
6.26hatchery, or aquatic farm license.

6.27    Sec. 10. Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:
6.28    Subd. 8. Infested waters. "Infested waters" means waters of the state designated
6.29 listed by the commissioner under sections 84D.03, subdivision 1, and 84D.12.

6.30    Sec. 11. Minnesota Statutes 2012, section 84D.01, subdivision 8b, is amended to read:
6.31    Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to determine
6.32whether aquatic invasive species, aquatic macrophytes, or water is present and includes
7.1removal, drainage, decontamination, collection and sampling, or treatment to prevent the
7.2transportation and spread of aquatic invasive species, aquatic macrophytes, and water.

7.3    Sec. 12. Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:
7.4    Subd. 13. Prohibited invasive species. "Prohibited invasive species" means a
7.5nonnative species that has been designated listed as a prohibited invasive species in a rule
7.6adopted by the commissioner under section 84D.12.

7.7    Sec. 13. Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:
7.8    Subd. 15. Regulated invasive species. "Regulated invasive species" means a
7.9nonnative species that has been designated listed as a regulated invasive species in a rule
7.10adopted by the commissioner under section 84D.12.

7.11    Sec. 14. Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:
7.12    Subd. 17. Unlisted nonnative species. "Unlisted nonnative species" means a
7.13nonnative species that has not been designated listed as a prohibited invasive species, a
7.14regulated invasive species, or an unregulated nonnative species in a rule adopted by the
7.15commissioner under section 84D.12.

7.16    Sec. 15. Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:
7.17    Subd. 18. Unregulated nonnative species. "Unregulated nonnative species" means
7.18a nonnative species that has been designated listed as an unregulated nonnative species in
7.19a rule adopted by the commissioner under section 84D.12.

7.20    Sec. 16. Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter
7.21121, section 10, is amended to read:
7.2284D.03 INFESTED WATERS; RESTRICTED ACTIVITIES.
7.23    Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall
7.24designate list a water of the state as an infested water if the commissioner determines that:
7.25    (1) the water contains a population of an aquatic invasive species that could spread
7.26to other waters if use of the water and related activities are not regulated to prevent this; or
7.27    (2) the water is highly likely to be infested by an aquatic invasive species because it
7.28is connected to a water that contains a population of an aquatic invasive species.
7.29    (b) When determining which invasive species comprise infested waters, the
7.30commissioner shall consider:
7.31    (1) the extent of a species distribution within the state;
8.1    (2) the likely means of spread for a species; and
8.2    (3) whether regulations specific to infested waters containing a specific species
8.3will effectively reduce that species' spread.
8.4    (c) The presence of common carp and curly-leaf pondweed shall not be the basis
8.5for designating listing a water as infested.
8.6    (d) The designation of infested waters by the commissioner shall be by written
8.7order published in the State Register maintain a list of infested waters and provide access
8.8to a copy of the listed waters. Designations Listings are not subject to the rulemaking
8.9provisions of chapter 14 and section 14.386 does not apply.
8.10    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
8.11waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
8.12(b) and section 97C.341.
8.13    (b) In waters that are designated listed as infested waters, except those designated
8.14 listed because they contain prohibited invasive species of fish or certifiable diseases of fish,
8.15as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:
8.16    (1) commercial taking of wild animals for bait and aquatic farm purposes according
8.17to a permit issued under section 84D.11, subject to rules adopted by the commissioner;
8.18    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
8.19water milfoil, when the infested waters are designated listed solely because they contain
8.20Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
8.21traps not exceeding 16 inches in diameter and 32 inches in length; and
8.22(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
8.23suckers for bait from streams or rivers designated listed as infested waters, by hook and
8.24line for noncommercial personal use. Other provisions that apply to this clause are:
8.25(i) fish taken under this clause must be used on the same body of water where caught
8.26and while still on that water body;
8.27(ii) fish taken under this clause may not be transported live from or off the water body;
8.28(iii) fish harvested under this clause may only be used in accordance with this section;
8.29(iv) any other use of wild animals used for bait from infested waters is prohibited;
8.30(v) fish taken under this clause must meet all other size restrictions and requirements
8.31as established in rules; and
8.32(vi) all species listed under this clause shall be included in the person's daily limit as
8.33established in rules, if applicable.
8.34    (c) Equipment authorized for minnow harvest in a designated listed infested water
8.35by permit issued under paragraph (b) may not be transported to, or used in, any waters
8.36other than waters specified in the permit.
9.1    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
9.2restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
9.3stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an
9.4infested water that is designated listed because it contains invasive fish, invertebrates, or
9.5certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
9.6a commercial licensee operates in an infested water designated listed because it contains
9.7invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
9.8traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
9.9crayfish harvesting in waters designated listed as infested with invasive fish, invertebrates,
9.10or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
9.11the commissioner, as specified in the commercial licensee's license or permit. This tagging
9.12requirement does not apply to commercial fishing equipment used in Lake Superior.
9.13(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
9.14turtle, frog, or crayfish harvesting in an infested water that is designated listed solely
9.15because it contains Eurasian water milfoil must be dried for a minimum of ten days or
9.16frozen for a minimum of two days before they are used in any other waters, except as
9.17provided in this paragraph. Commercial licensees must notify the department's regional
9.18or area fisheries office or a conservation officer before removing nets or equipment from
9.19an infested water designated listed solely because it contains Eurasian water milfoil and
9.20before resetting those nets or equipment in any other waters. Upon notification, the
9.21commissioner may authorize a commercial licensee to move nets or equipment to another
9.22water without freezing or drying, if that water is designated listed as infested solely
9.23because it contains Eurasian water milfoil.
9.24(c) A commercial licensee must remove all aquatic macrophytes from nets and other
9.25equipment before placing the equipment into waters of the state.
9.26(d) The commissioner shall provide a commercial licensee with a current listing of
9.27designated listed infested waters at the time that a license or permit is issued.

9.28    Sec. 17. Minnesota Statutes 2012, section 84D.06, is amended to read:
9.2984D.06 UNLISTED NONNATIVE SPECIES.
9.30    Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic
9.31plant or wild animal species unless:
9.32(1) the person has notified the commissioner in a manner and form prescribed by
9.33the commissioner;
9.34(2) the commissioner has made the classification determination required in
9.35subdivision 2 and designated listed the species as appropriate; and
10.1(3) the introduction is allowed under the applicable provisions of this chapter.
10.2    Subd. 2. Classification. (a) If the commissioner determines that a species for which
10.3a notification is received under subdivision 1 should be classified as a prohibited invasive
10.4species, the commissioner shall:
10.5(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
10.6as a prohibited invasive species; and
10.7(2) notify the person from which the notification was received that the species is
10.8subject to section 84D.04.
10.9(b) If the commissioner determines that a species for which a notification is
10.10received under subdivision 1 should be classified as an unregulated nonnative species,
10.11the commissioner shall:
10.12(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
10.13as an unregulated nonnative species; and
10.14(2) notify the person from which the notification was received that the species is not
10.15subject to regulation under this chapter.
10.16(c) If the commissioner determines that a species for which a notification is received
10.17under subdivision 1 should be classified as a regulated invasive species, the commissioner
10.18shall notify the applicant that the species is subject to the requirements in section 84D.07.

10.19    Sec. 18. Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:
10.20    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
10.21peace officer may order:
10.22    (1) the removal of aquatic macrophytes or prohibited invasive species from
10.23water-related equipment before it is placed into waters of the state;
10.24    (2) confinement of the water-related equipment at a mooring, dock, or other location
10.25until the water-related equipment is removed from the water;
10.26    (3) removal of water-related equipment from waters of the state to remove prohibited
10.27invasive species if the water has not been designated listed by the commissioner as being
10.28infested with that species; and
10.29    (4) a prohibition on placing water-related equipment into waters of the state when
10.30the water-related equipment has aquatic macrophytes or prohibited invasive species
10.31attached in violation of subdivision 1 or when water has not been drained or the drain plug
10.32has not been removed in violation of subdivision 4.
10.33    (b) An inspector who is not a licensed peace officer may issue orders under
10.34paragraph (a), clauses (1), (3), and (4).

11.1    Sec. 19. Minnesota Statutes 2013 Supplement, section 84D.10, subdivision 4, is
11.2amended to read:
11.3    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
11.4of the state a person must drain water-related equipment holding water and live wells and
11.5bilges by removing the drain plug before transporting the water-related equipment off
11.6the water access site or riparian property.
11.7    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
11.8from ballast tanks, bilges, and live wells must be removed or opened while transporting
11.9water-related equipment.
11.10    (c) Emergency response vehicles and equipment may be transported on a public road
11.11with the drain plug or other similar device replaced only after all water has been drained
11.12from the equipment upon leaving the water body.
11.13    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
11.14when fishing through the ice except on waters designated listed infested for viral
11.15hemorrhagic septicemia, and marine sanitary systems are exempt from this subdivision.
11.16    (e) A person must not dispose of bait in waters of the state.
11.17(f) A boat lift, dock, swim raft, or associated equipment that has been removed
11.18from any water body may not be placed in another water body until a minimum of 21
11.19days have passed.
11.20(g) A person who transports water that is appropriated from noninfested surface
11.21water bodies and that is transported by a commercial vehicle, excluding watercraft, or
11.22commercial trailer, which vehicle or trailer is specifically designed and used for water
11.23hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
11.24the transported water to other surface waters or within 100 feet of a surface water body.
11.25(h) A person transporting water from noninfested surface water bodies for
11.26firefighting or emergencies that threaten human safety or property is exempt from
11.27paragraphs (a) and (b).

11.28    Sec. 20. Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:
11.29    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
11.30permit to allow the harvest of bait:
11.31(1) from waters that are designated listed as infested waters, except those designated
11.32 listed because they contain prohibited invasive species of fish or certifiable diseases of fish
11.33as defined in section 17.4982, subdivision 6; and
11.34(2) from infested waters as allowed under section 97C.341, paragraph (c).
12.1The permit shall include conditions necessary to avoid spreading aquatic invasive
12.2species.
12.3    (b) Before receiving a permit, or working for a permittee, a person annually
12.4must satisfactorily complete aquatic invasive species-related training provided by the
12.5commissioner.

12.6    Sec. 21. Minnesota Statutes 2012, section 84D.12, is amended to read:
12.784D.12 RULES.
12.8    Subdivision 1. Required rules. The commissioner shall adopt rules:
12.9    (1) designating listing prohibited invasive species, regulated invasive species, and
12.10unregulated nonnative species of aquatic plants and wild animals;
12.11    (2) governing the application for and issuance of permits under this chapter, which
12.12rules may include a fee schedule; and
12.13    (3) governing notification under section 84D.08.
12.14    Subd. 2. Authorized rules. The commissioner may adopt rules:
12.15(1) regulating the possession, importation, purchase, sale, propagation, transport,
12.16and introduction of invasive species of aquatic plants and wild animals; and
12.17(2) regulating the appropriation, use, and transportation of water from listed infested
12.18waters.
12.19    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027,
12.20subdivision 13 , that designate list:
12.21    (1) prohibited invasive species of aquatic plants and wild animals;
12.22    (2) regulated invasive species of aquatic plants and wild animals; and
12.23    (3) unregulated nonnative species of aquatic plants and wild animals.

12.24    Sec. 22. Minnesota Statutes 2012, section 84D.13, subdivision 5, is amended to read:
12.25    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
12.26the following penalty amounts:
12.27    (1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
12.28    (2) for placing or attempting to place into waters of the state water-related equipment
12.29that has aquatic macrophytes attached, $200;
12.30    (3) for unlawfully possessing or transporting a prohibited invasive species other
12.31than an aquatic macrophyte, $500;
12.32    (4) for placing or attempting to place into waters of the state water-related equipment
12.33that has prohibited invasive species attached when the waters are not designated listed by
12.34the commissioner as being infested with that invasive species, $500;
13.1    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
13.2prescribed by rule, Eurasian water milfoil, $100;
13.3    (6) for failing to have drain plugs or similar devices removed or opened while
13.4transporting water-related equipment or for failing to remove plugs, open valves, and
13.5drain water from water-related equipment, other than marine sanitary systems, before
13.6leaving waters of the state, $100; and
13.7    (7) for transporting infested water off riparian property without a permit as required
13.8by rule, $200.
13.9(b) A civil citation that is issued to a person who has one or more prior convictions
13.10or final orders for violations of this chapter is subject to twice the penalty amounts listed
13.11in paragraph (a).

13.12    Sec. 23. Minnesota Statutes 2012, section 86A.09, is amended to read:
13.1386A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.
13.14    Subdivision 1. Master plan required. No construction of new facilities or other
13.15development of an authorized unit, other than repairs and maintenance, shall commence
13.16until the managing agency has prepared and submitted to the commissioner of natural
13.17resources and the commissioner has reviewed, pursuant to this section, a master plan for
13.18administration of the unit in conformity with this section. No master plan is required for
13.19wildlife management areas that do not have resident managers, for scientific and natural
13.20areas, for water access sites, for aquatic management areas, for rest areas, or for boater
13.21waysides.
13.22    Subd. 2. Master plan; preparation and content public review. The managing
13.23agency shall supervise preparation of the master plan and shall utilize the professional
13.24staffs of any agency of the state when the expertise of the staff of such agency is necessary
13.25to adequately prepare the master plan; the master plan shall present the information in
13.26a format and detail that is appropriate to the size and complexity of the authorized unit.
13.27When the master plan has been completed the managing agency shall announce to the
13.28public in a manner reasonably designed to inform interested persons that the master plan is
13.29available for public review and in the case of any major unit shall hold at least one public
13.30hearing meeting on the plan in the vicinity of the unit. The managing agency shall make
13.31the master plan available for review and comment by the public and other state agencies
13.32for at least 15 days prior to the public meeting and shall accept comments on the plan for
13.33at least 30 days following the announcement and before submitting the master plan to the
13.34commissioner of natural resources. Copies of the plan shall be provided to members of
13.35the Outdoor Recreation Advisory Council and to any other person on request approval.
14.1The managing agency shall prepare a record of the public meeting and any comments
14.2received during the comment period.
14.3    Subd. 3. Master plan; review and approval content. All master plans required
14.4by this section shall be submitted to the commissioner of natural resources for review
14.5pursuant to this subdivision. The commissioner of natural resources shall review the
14.6master plan to determine whether the plan: (a) provides:
14.7(1) provide for administration of the unit in a manner that is consistent with the
14.8purposes for which the unit was authorized and with the principles governing the
14.9administration of the unit, as specified in section 86A.05 and the statutes relating to each
14.10type of unit; and
14.11(b) recognizes (2) recognize values and resources within the unit that are primarily
14.12the responsibility of another managing agency to protect or develop, and provides provide
14.13 for their protection or development either through a cooperative agreement with the other
14.14managing agency or through designation of the appropriate area as a secondary unit. In
14.15reviewing any master plan, the commissioner of natural resources shall consult with
14.16other state agencies. Within 60 days after receiving the master plan, the commissioner of
14.17natural resources shall notify the managing agency that the plan has been reviewed and
14.18forward its recommendations for any changes it might suggest. The managing agency
14.19shall review the recommendations and notify the commissioner of natural resources of the
14.20disposition made of them. Failure to comment on a master plan within the time specified
14.21shall be considered approval of the plan by the commissioner of natural resources. If the
14.22commissioner of natural resources feels that the master plan still fails significantly to
14.23comply with this subdivision, the commissioner may request review of the master plan by
14.24the governor. In that event review shall not be deemed completed until after the master
14.25plan has been approved by the governor or 60 days have elapsed without action by the
14.26governor to approve or reject the plan, whichever occurs first.
14.27    Subd. 4. Development. Construction of necessary facilities and other development
14.28of the unit shall commence as soon as practicable after review of the master plan by the
14.29commissioner of natural resources, and the governor if requested, and shall be carried out
14.30in conformity with the master plan.
14.31    Subd. 5. Establishment. When, in the opinion of the managing agency,
14.32acquisition and development of the unit are sufficiently complete to permit operation and
14.33administration of the unit in substantial conformity with the master plan as approved, the
14.34managing agency shall declare the unit established and ready for use.
14.35    Subd. 6. Master plan amendment. The managing agency shall prepare an
14.36amendment to a master plan to address changes proposed for a unit that would vary
15.1from the approved master plan. The master plan amendment shall address the impacts
15.2of the proposed changes to the natural and cultural resources, interpretive services,
15.3recreational opportunities, and administrative activities at the unit. The master plan
15.4amendment supersedes the master plan for those areas addressed by the amendment. The
15.5managing agency shall hold a public meeting for master plan amendments that constitute a
15.6significant change in public use or access to the unit or that may be controversial. Public
15.7notice and approval of the master plan amendment shall follow the process described in
15.8subdivision 2. Construction of necessary facilities and other development of the unit shall
15.9commence as soon as practicable after the master plan amendment is adopted.

15.10    Sec. 24. Minnesota Statutes 2012, section 86A.11, is amended to read:
15.1186A.11 REGISTRY OF UNITS.
15.12The commissioner of natural resources and the director of the Minnesota Historical
15.13Society shall each compile and maintain a current registry of the name, location, size,
15.14and description of all units of the outdoor recreation system under the commissioner's
15.15jurisdiction and under the jurisdiction of the Minnesota Historical Society and the
15.16commissioner of transportation. The commissioner of natural resources their respective
15.17jurisdictions, and shall publish and distribute the information contained in the registry in
15.18a form and manner suitable to assist persons wishing to use these units. The Minnesota
15.19Historical Society and the commissioner of transportation shall cooperate with and assist
15.20the commissioner of natural resources in preparing and distributing the registry.

15.21    Sec. 25. Minnesota Statutes 2012, section 97C.417, is amended to read:
15.2297C.417 REPORTING ASIAN INVASIVE CARP.
15.23    A person who takes any of the following Asian invasive carp species must report the
15.24type of carp taken to the commissioner within seven days of taking:
15.25    (1) grass carp (Ctenopharyngodon idella);
15.26    (2) bighead carp (Hypophthalmichthys nobilis); or
15.27    (3) silver carp (Hypophthalmichthys molitrix).
15.28EFFECTIVE DATE.This section is effective the day following final enactment.

15.29    Sec. 26. Minnesota Statutes 2012, section 97C.821, is amended to read:
15.3097C.821 POSSESSION, SALE, AND TRANSPORTATION OF
15.31COMMERCIAL FISH.
16.1Subject to the applicable provisions of the game and fish laws, fish taken under
16.2commercial fishing licenses may be possessed in any quantity, bought, sold, and
16.3transported at any time. Commercial fishing licensees may transport their catch live to
16.4holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
16.5licensees may harvest fish from their holding facilities at any time with their licensed gear.
16.6The commissioner may prohibit the transport of live fish taken under a commercial fishing
16.7license from waters that contain nonnative species, are designated listed as infested waters,
16.8or are infected with any certifiable disease.

16.9    Sec. 27. Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:
16.10    Subd. 2. Adoption procedure. (a) The commissioner, upon determining that
16.11sufficient technical information is available for the delineation of floodplains and
16.12floodways on a watercourse, shall may notify affected local governmental units that
16.13technical information is available. Within six months after receiving this notice, The local
16.14governmental units shall prepare or amend their floodplain management ordinances in
16.15conformance with the provisions of sections 103F.101 to 103F.155 and shall submit the
16.16ordinance to the commissioner for review and approval before adoption.
16.17(b) The commissioner shall approve or disapprove the proposed ordinance within
16.18120 days after receiving it.
16.19(c) If the proposed ordinance is disapproved, the commissioner shall return it to the
16.20local governmental unit with a written statement of reasons for disapproval. Within 90
16.21days after disapproval, the local governmental unit shall resubmit an amended proposed
16.22ordinance for further review and approval before adoption. The local governmental unit
16.23shall adopt a floodplain management ordinance within 90 days after approval by the
16.24commissioner.
16.25(d) A floodplain management ordinance adopted by a local governmental unit is
16.26invalid unless it is approved by the commissioner.
16.27(e) A local governmental unit may adopt a floodplain management ordinance in the
16.28absence of notification by the commissioner that the required technical data is available,
16.29provided that any such ordinance is submitted to the commissioner prior to its adoption
16.30for approval.
16.31(f) A local governmental unit may adopt a floodplain management ordinance that is
16.32more restrictive than required under sections 103F.101 to 103F.155.
16.33(g) Floodplain management ordinances may be amended by a local governmental
16.34unit upon the approval of the commissioner.

17.1    Sec. 28. Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:
17.2    Subd. 5. Major Alterations and hazardous uses prohibited. (a) If a floodplain
17.3has been delineated by a floodplain management ordinance under sections 103F.101
17.4to 103F.155, a major alteration to a structure in existence on the effective date of the
17.5ordinance or a new fill, structure, deposit, or other floodplain use that is unreasonably
17.6hazardous to the public or that unduly restricts the capacity of the floodplain to carry and
17.7discharge a regional flood not in accordance with the local governmental unit's adopted
17.8floodplain management ordinance may not be permitted after the effective date of the
17.9ordinance delineating the floodplain.
17.10(b) As used in this subdivision, major alterations of existing structures do not include
17.11repair or maintenance and do not include repairs, maintenance, or alterations to structures
17.12made under the authority of another authorized agency of the state or federal government.
17.13(c) (b) This subdivision does not apply to alterations, repair, or maintenance
17.14reasonably done under emergency circumstances to preserve or protect life or property.
17.15(d) (c) This subdivision applies to alterations to existing structures and to new fill,
17.16structures, deposits, or other floodplain uses by the state and state agencies.

17.17    Sec. 29. Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:
17.18    Subd. 3. Application for flood insurance. Within 120 days After receiving notice
17.19of inclusion on the amended list, from the commissioner or the Federal Emergency
17.20Management Agency that flood hazard areas have been identified, each local governmental
17.21unit shall is encouraged to apply for participation in the national flood insurance program
17.22in the manner prescribed by federal laws and regulations.

17.23    Sec. 30. Minnesota Statutes 2012, section 103G.245, subdivision 2, is amended to read:
17.24    Subd. 2. Exceptions. A public waters work permit is not required for:
17.25(1) work in altered natural watercourses that are part of drainage systems established
17.26under chapter 103D or 103E if the work in the waters is undertaken according to chapter
17.27103D or 103E; or
17.28(2) a drainage project for a drainage system established under chapter 103E that does
17.29not substantially affect public waters; or.
17.30(3) removal of debris, including logs that are at or near the water surface, dead
17.31trees and branches, and trash, that does not alter the original alignment, slope, or cross
17.32section of the waters.

18.1    Sec. 31. Minnesota Statutes 2013 Supplement, section 103G.287, subdivision 4,
18.2is amended to read:
18.3    Subd. 4. Groundwater management areas. (a) The commissioner may designate
18.4groundwater management areas and limit total annual water appropriations and uses
18.5within a designated area to ensure sustainable use of groundwater that protects ecosystems,
18.6water quality, and the ability of future generations to meet their own needs. Water
18.7appropriations and uses within a designated management area must be consistent with a
18.8groundwater management area plan approved by the commissioner that addresses water
18.9conservation requirements and water allocation priorities established in section 103G.261.
18.10 At least 30 days prior to implementing or modifying a groundwater management area plan
18.11under this subdivision, the commissioner shall consult with the advisory team established
18.12in paragraph (c).
18.13(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
18.14Rules, within designated groundwater management areas, the commissioner may require
18.15general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
18.16users using less than 10,000 gallons per day or 1,000,000 gallons per year and water
18.17suppliers serving less than 25 persons for domestic purposes. The commissioner may
18.18waive the requirements under section 103G.281 for general permits issued under this
18.19paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does
18.20not apply to general permits issued under this paragraph.
18.21(c) When designating a groundwater management area, the commissioner shall
18.22assemble an advisory team to assist in developing a groundwater management area plan
18.23for the area. The advisory team members shall be selected from public and private entities
18.24that have an interest in the water resources affected by the groundwater management area.
18.25A majority of the advisory team members shall be public and private entities that currently
18.26hold water use permits for water appropriations from the affected water resources. The
18.27commissioner shall consult with the League of Minnesota Cities, the Association of
18.28Minnesota Counties, and the Minnesota Association of Townships in appointing the local
18.29government representatives to the advisory team. The advisory team may also include
18.30representatives from the University of Minnesota, the Minnesota State Colleges and
18.31Universities, and federal agencies.

18.32    Sec. 32. Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:
18.33    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
18.34management permit" means an aquatic plant management permit as defined in rules of the
18.35Department of Natural Resources that authorizes the selective control of invasive aquatic
19.1plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
19.2the invasive aquatic plant.
19.3(b) The commissioner may waive the dated signature of approval requirement in rules
19.4of the Department of Natural Resources for invasive aquatic plant management permits if
19.5obtaining signatures would create an undue burden on the permittee or if the commissioner
19.6determines that aquatic plant control is necessary to protect natural resources.
19.7(c) If the signature requirement is waived under paragraph (b) because obtaining
19.8signatures would create an undue burden on the permittee, the commissioner shall require
19.9an alternate form of landowner notification, including news releases or public notices in
19.10a local newspaper, a public meeting, or a mailing to the most recent permanent address
19.11of affected landowners. The notification must be given annually and must include: the
19.12proposed date of treatment, the target species, the method of control or product being
19.13used, and instructions on how the landowner may request that control not occur adjacent
19.14to the landowner's property.
19.15(d) The commissioner may allow dated signatures of approval obtained for an
19.16invasive aquatic plant management permit to satisfy rules of the Department of Natural
19.17Resources to remain valid for three years if property ownership remains unchanged.

19.18    Sec. 33. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
19.19    Subd. 2a. When prepared. Where there is potential for significant environmental
19.20effects resulting from any major governmental action, the action shall be preceded by a
19.21detailed environmental impact statement prepared by the responsible governmental unit.
19.22The environmental impact statement shall be an analytical rather than an encyclopedic
19.23document which describes the proposed action in detail, analyzes its significant
19.24environmental impacts, discusses appropriate alternatives to the proposed action and
19.25their impacts, and explores methods by which adverse environmental impacts of an
19.26action could be mitigated. The environmental impact statement shall also analyze those
19.27economic, employment, and sociological effects that cannot be avoided should the action
19.28be implemented. To ensure its use in the decision-making process, the environmental
19.29impact statement shall be prepared as early as practical in the formulation of an action.
19.30    (a) The board shall by rule establish categories of actions for which environmental
19.31impact statements and for which environmental assessment worksheets shall be prepared
19.32as well as categories of actions for which no environmental review is required under this
19.33section. A mandatory environmental assessment worksheet shall not be required for the
19.34expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
19.35(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
20.1biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
20.2of the expanded or converted facility to produce alcohol fuel, but must be required if
20.3the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
20.4of actions for which environmental assessment worksheets must be prepared. The
20.5responsible governmental unit for an ethanol plant or biobutanol facility project for which
20.6an environmental assessment worksheet is prepared shall be the state agency with the
20.7greatest responsibility for supervising or approving the project as a whole.
20.8A mandatory environmental impact statement shall not be required for a facility
20.9or plant located outside the seven-county metropolitan area that produces less than
20.10125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
20.11than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
20.12defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
20.13in section 41A.105, subdivision 1a, clause (1); or a cellulosic biofuel facility, as defined in
20.14section 41A.10, subdivision 1, paragraph (d). A facility or plant that only uses a cellulosic
20.15feedstock to produce chemical products for use by another facility as a feedstock shall not
20.16be considered a fuel conversion facility as used in rules adopted under this chapter.
20.17    (b) The responsible governmental unit shall promptly publish notice of the
20.18completion of an environmental assessment worksheet by publishing the notice in at least
20.19one newspaper of general circulation in the geographic area where the project is proposed,
20.20by posting the notice on a Web site that has been designated as the official publication site
20.21for publication of proceedings, public notices, and summaries of a political subdivision in
20.22which the project is proposed, or in any other manner determined by the board and shall
20.23provide copies of the environmental assessment worksheet to the board and its member
20.24agencies. Comments on the need for an environmental impact statement may be submitted
20.25to the responsible governmental unit during a 30-day period following publication of the
20.26notice that an environmental assessment worksheet has been completed. The responsible
20.27governmental unit's decision on the need for an environmental impact statement shall be
20.28based on the environmental assessment worksheet and the comments received during the
20.29comment period, and shall be made within 15 days after the close of the comment period.
20.30The board's chair may extend the 15-day period by not more than 15 additional days upon
20.31the request of the responsible governmental unit.
20.32    (c) An environmental assessment worksheet shall also be prepared for a proposed
20.33action whenever material evidence accompanying a petition by not less than 100
20.34individuals who reside or own property in the state, submitted before the proposed
20.35project has received final approval by the appropriate governmental units, demonstrates
20.36that, because of the nature or location of a proposed action, there may be potential for
21.1significant environmental effects. Petitions requesting the preparation of an environmental
21.2assessment worksheet shall be submitted to the board. The chair of the board shall
21.3determine the appropriate responsible governmental unit and forward the petition to it.
21.4A decision on the need for an environmental assessment worksheet shall be made by
21.5the responsible governmental unit within 15 days after the petition is received by the
21.6responsible governmental unit. The board's chair may extend the 15-day period by not
21.7more than 15 additional days upon request of the responsible governmental unit.
21.8    (d) Except in an environmentally sensitive location where Minnesota Rules, part
21.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
21.10review under this chapter and rules of the board, if:
21.11    (1) the proposed action is:
21.12    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
21.13    (ii) an expansion of an existing animal feedlot facility with a total cumulative
21.14capacity of less than 1,000 animal units;
21.15    (2) the application for the animal feedlot facility includes a written commitment by
21.16the proposer to design, construct, and operate the facility in full compliance with Pollution
21.17Control Agency feedlot rules; and
21.18    (3) the county board holds a public meeting for citizen input at least ten business
21.19days prior to the Pollution Control Agency or county issuing a feedlot permit for the
21.20animal feedlot facility unless another public meeting for citizen input has been held with
21.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in
21.22addition to other exemptions provided under other law and rules of the board.
21.23    (e) The board may, prior to final approval of a proposed project, require preparation
21.24of an environmental assessment worksheet by a responsible governmental unit selected
21.25by the board for any action where environmental review under this section has not been
21.26specifically provided for by rule or otherwise initiated.
21.27    (f) An early and open process shall be utilized to limit the scope of the environmental
21.28impact statement to a discussion of those impacts, which, because of the nature or location
21.29of the project, have the potential for significant environmental effects. The same process
21.30shall be utilized to determine the form, content and level of detail of the statement as well
21.31as the alternatives which are appropriate for consideration in the statement. In addition,
21.32the permits which will be required for the proposed action shall be identified during the
21.33scoping process. Further, the process shall identify those permits for which information
21.34will be developed concurrently with the environmental impact statement. The board
21.35shall provide in its rules for the expeditious completion of the scoping process. The
22.1determinations reached in the process shall be incorporated into the order requiring the
22.2preparation of an environmental impact statement.
22.3    (g) The responsible governmental unit shall, to the extent practicable, avoid
22.4duplication and ensure coordination between state and federal environmental review
22.5and between environmental review and environmental permitting. Whenever practical,
22.6information needed by a governmental unit for making final decisions on permits
22.7or other actions required for a proposed project shall be developed in conjunction
22.8with the preparation of an environmental impact statement. When an environmental
22.9impact statement is prepared for a project requiring multiple permits for which two or
22.10more agencies' decision processes include either mandatory or discretionary hearings
22.11before a hearing officer prior to the agencies' decision on the permit, the agencies
22.12may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
22.13consolidated hearing process if requested by the proposer. All agencies having jurisdiction
22.14over a permit that is included in the consolidated hearing shall participate. The responsible
22.15governmental unit shall establish appropriate procedures for the consolidated hearing
22.16process, including procedures to ensure that the consolidated hearing process is consistent
22.17with the applicable requirements for each permit regarding the rights and duties of parties to
22.18the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
22.19The procedures of section 116C.28, subdivision 2, apply to the consolidated hearing.
22.20    (h) An environmental impact statement shall be prepared and its adequacy
22.21determined within 280 days after notice of its preparation unless the time is extended by
22.22consent of the parties or by the governor for good cause. The responsible governmental
22.23unit shall determine the adequacy of an environmental impact statement, unless within 60
22.24days after notice is published that an environmental impact statement will be prepared,
22.25the board chooses to determine the adequacy of an environmental impact statement. If an
22.26environmental impact statement is found to be inadequate, the responsible governmental
22.27unit shall have 60 days to prepare an adequate environmental impact statement.
22.28    (i) The proposer of a specific action may include in the information submitted to the
22.29responsible governmental unit a preliminary draft environmental impact statement under
22.30this section on that action for review, modification, and determination of completeness and
22.31adequacy by the responsible governmental unit. A preliminary draft environmental impact
22.32statement prepared by the project proposer and submitted to the responsible governmental
22.33unit shall identify or include as an appendix all studies and other sources of information
22.34used to substantiate the analysis contained in the preliminary draft environmental impact
22.35statement. The responsible governmental unit shall require additional studies, if needed,
22.36and obtain from the project proposer all additional studies and information necessary for
23.1the responsible governmental unit to perform its responsibility to review, modify, and
23.2determine the completeness and adequacy of the environmental impact statement.

23.3    Sec. 34. MINNESOTA RIVER VALLEY; MASTER PLAN.
23.4The commissioner of natural resources shall develop a master plan in accordance
23.5with Minnesota Statutes, section 86A.09, to conserve the natural and cultural resources of
23.6the Minnesota River Valley area in Redwood and Renville Counties and to provide for the
23.7shared use, enjoyment, and understanding of these resources through a broad selection
23.8of outdoor recreational opportunities and recreational travel routes that connect units of
23.9the outdoor recreation system in the river valley, including a connection to the Minnesota
23.10River State Trail authorized in Minnesota Statutes, section 85.015, subdivision 22. The
23.11plan shall address the impacts to the natural and cultural resources, interpretive services,
23.12recreational opportunities, and administrative activities in the area and also provide
23.13recommendations on the unit designation of the area under the Outdoor Recreation Act.

23.14    Sec. 35. INVASIVE CARP.
23.15The commissioner of natural resources shall not propose laws to the legislature
23.16that contain the term "Asian carp." The commissioner shall use the term "invasive carp"
23.17or refer to the specific species in any proposed laws, rules, or official documents when
23.18referring to carp species that are not naturalized to the waters of this state.
23.19EFFECTIVE DATE.This section is effective the day following final enactment.

23.20    Sec. 36. REVISOR'S INSTRUCTION.
23.21The revisor of statutes shall delete the term in column A and insert the term in
23.22column B in Minnesota Rules, parts 6216.0100, 6216.0250, 6216.0260, 6216.0270,
23.236216.0290, 6216.0300, 6216.0400, 6216.0500, and 6260.0300.

23.24		Column A	Column B
23.25		designate	list
23.26		designated	listed
23.27		designation	listing
23.28		designating	listing

23.29    Sec. 37. REPEALER.
23.30Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121,
23.31subdivisions 3 and 4; and 103F.165, subdivision 2, are repealed.