3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; allowing expenditure of 1.3 appropriated money for certain seminars and 1.4 conferences; clarifying certain prohibitions related 1.5 to the operation of snowmobiles, all-terrain vehicles, 1.6 and motorboats; modifying composition of the outdoor 1.7 recreation system; modifying disposition of certain 1.8 receipts; designating a migratory waterfowl refuge; 1.9 modifying certain rulemaking authority; eliminating 1.10 trawling fees; providing for acquisition of critical 1.11 aquatic habitat; modifying commissioner's authority to 1.12 remove rough fish; modifying minnow retailer and 1.13 turtle license provisions; clarifying forfeiture 1.14 procedure; modifying mineral land provisions; 1.15 increasing project amount for security in place of 1.16 bonds; granting legislative approval for certain water 1.17 usage; providing for replacement firearms deer 1.18 licenses; making the experimental two-deer license in 1.19 certain counties permanent; modifying moose and turkey 1.20 separate selection processes; authorizing certain 1.21 expenditures relating to emergency firefighting; 1.22 clarifying restrictions for certain motorboat 1.23 operators; modifying certain fee setting authority of 1.24 the commissioner of natural resources; appropriating 1.25 money; amending Minnesota Statutes 1998, sections 1.26 9.071; 84.925, subdivision 1; 86A.04; 86B.331, 1.27 subdivision 1; 88.12, subdivision 2; 93.05; 93.055; 1.28 93.14; 93.15; 93.16; 93.17; 93.193, subdivision 1; 1.29 93.21; 93.22; 93.25, subdivisions 1 and 2; 93.26; 1.30 93.27; 93.28; 93.285, subdivisions 2 and 3; 93.335, 1.31 subdivision 1; 93.43; 97A.095, by adding a 1.32 subdivision; 97A.405, by adding a subdivision; 1.33 97A.431, subdivision 4; 97A.435, subdivision 4; 1.34 97A.475, subdivision 30, and by adding a subdivision; 1.35 97B.015, subdivisions 2 and 4; 97B.301, subdivision 4; 1.36 97C.041; 97C.501, subdivisions 1 and 2; and 97C.605, 1.37 subdivisions 1 and 2; Minnesota Statutes 1999 1.38 Supplement, sections 84.86, subdivision 1; 84.91, 1.39 subdivision 1; 97A.065, subdivision 2; 97B.025; 1.40 169.1217, subdivision 7a; 290.431; 290.432; and 1.41 574.264, subdivision 1; Laws 1999, chapter 231, 1.42 section 5, subdivision 4; proposing coding for new law 1.43 in Minnesota Statutes, chapters 84; 93; and 97C; 1.44 repealing Minnesota Statutes 1998, sections 93.07; 1.45 93.08; 93.09; 93.10; 93.11; 93.12; 93.13; 93.18; 1.46 93.19; 93.191; 93.192; 93.202; 93.23; 93.24; 93.283; 2.1 93.285, subdivisions 4 and 5; 93.30; 93.31; 93.32; 2.2 93.335, subdivisions 4 and 5; 93.34, subdivisions 1 2.3 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 93.356; 2.4 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312. 2.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.6 Section 1. Minnesota Statutes 1998, section 9.071, is 2.7 amended to read: 2.8 9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 2.9 The council has the powers with respect to
the: 2.10 (1) timberlands provided in sections 90.031, 90.041, and 2.11 90.151; 2.12 (2) lands acquired from the United States provided in 2.13 section 94.50; 2.14 (3) lands subject to delinquent drainage assessments 2.15 provided in section 84A.20; 2.16 (4) transfer of lands between departments of state 2.17 government provided in section 15.16; 2.18 (5) sale or exchange of lands within national forests 2.19 provided in sections 92.30 and 92.31; 2.20 (6) approval of acquisition of land for camping or parking 2.21 area provided in sections 97A.135 and 97A.141; 2.22 (7) modification of iron leases provided in section 93.191;2.23 (8)awarding permitsleases to prospect for iron ore 2.24 provided in section 93.17; 2.25 (9)(8) approval of rules for issuance of permitsleases to 2.26 prospect for minerals under state lands provided in 2.27 section 93.0893.25; and 2.28 (10)(9) construction of dams provided in section 103G.545. 2.29 Sec. 2. [84.0846] [NATURAL RESOURCE SEMINARS AND 2.30 CONFERENCES.] 2.31 The commissioner of natural resources may advance funds 2.32 appropriated for natural resource programs to government 2.33 agencies, the National Fish and Wildlife Foundation, federally 2.34 recognized Indian tribes and bands, colleges and universities, 2.35 and nonprofit organizations deemed by the commissioner to be 2.36 dedicated to the goals and objectives of the department for the 2.37 purpose of sponsoring or cosponsoring conferences and seminars 3.1 related to natural resources issues and management. The 3.2 commissioner shall execute grants or contracts with the 3.3 responsible parties under section 16C.05 prior to advancing any 3.4 state funds and the agreements must provide for a full 3.5 accounting of how the state's funds will be spent. 3.6 Sec. 3. Minnesota Statutes 1999 Supplement, section 84.86, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. With a view of achieving maximum use of 3.9 snowmobiles consistent with protection of the environment the 3.10 commissioner of natural resources shall adopt rules in the 3.11 manner provided by chapter 14, for the following purposes: 3.12 (1) Registration of snowmobiles and display of registration 3.13 numbers. 3.14 (2) Use of snowmobiles insofar as game and fish resources 3.15 are affected. 3.16 (3) Use of snowmobiles on public lands and waters, or on 3.17 grant-in-aid trails. 3.18 (4) Uniform signs to be used by the state, counties, and 3.19 cities, which are necessary or desirable to control, direct, or 3.20 regulate the operation and use of snowmobiles. 3.21 (5) Specifications relating to snowmobile mufflers. 3.22 (6) A comprehensive snowmobile information and safety 3.23 education and training program, including but not limited to the 3.24 preparation and dissemination of snowmobile information and 3.25 safety advice to the public, the training of snowmobile 3.26 operators, and the issuance of snowmobile safety certificates to 3.27 snowmobile operators who successfully complete the snowmobile 3.28 safety education and training course. For the purpose of 3.29 administering such program and to defray expenses of training 3.30 and certifying snowmobile operators, the commissioner shall 3.31 collect a fee from each person who receives the youth and young 3.32 adult training or the adult training. The commissioner shall 3.33 establish a fee that neither significantly over-recovers nor 3.34 under-recovers costs, including overhead costs, involved in 3.35 providing the services. The fee is not subject to the 3.36 rulemaking provisions of chapter 14 and section 14.386 does not 4.1 apply. The commissioner shall deposit the feefees must be 4.2 deposited in the snowmobile trails and enforcement account and 4.3 the amount thereof is appropriated annually to the commissioner4.4 enforcement division of the department of natural resources for 4.5 the administration of such programs. In addition to the fee 4.6 established by the commissioner, instructors may charge each 4.7 person up to the established fee amount for class materials and 4.8 expenses. The commissioner shall cooperate with private 4.9 organizations and associations, private and public corporations, 4.10 and local governmental units in furtherance of the program 4.11 established under this clause. School districts may cooperate 4.12 with the commissioner and volunteer instructors to provide space 4.13 for the classroom portion of the training. The commissioner 4.14 shall consult with the commissioner of public safety in regard 4.15 to training program subject matter and performance testing that 4.16 leads to the certification of snowmobile operators. 4.17 (7) The operator of any snowmobile involved in an accident 4.18 resulting in injury requiring medical attention or 4.19 hospitalization to or death of any person or total damage to an 4.20 extent of $500 or more, shall forward a written report of the 4.21 accident to the commissioner on such form as the commissioner 4.22 shall prescribe. If the operator is killed or is unable to file 4.23 a report due to incapacitation, any peace officer investigating 4.24 the accident shall file the accident report within ten business 4.25 days. 4.26 Sec. 4. Minnesota Statutes 1999 Supplement, section 84.91, 4.27 subdivision 1, is amended to read: 4.28 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 4.29 person having charge or control of any snowmobile or all-terrain 4.30 vehicle shall authorize or permit any individual the person 4.31 knows or has reason to believe is under the influence of alcohol 4.32 or a controlled substance or other substance to operate the 4.33 snowmobile or all-terrain vehicle anywhere in this state or on 4.34 the ice of any boundary water of this state. 4.35 (b) No owner or other person having charge or control of 4.36 any snowmobile or all-terrain vehicle shall knowingly authorize 5.1 or permit any person, who by reason of any physical or mental 5.2 disability is incapable of operating the vehicle, to operate the 5.3 snowmobile or all-terrain vehicle anywhere in this state or on 5.4 the ice of any boundary water of this state. 5.5 (c) A person who operates or is in physical control of a 5.6 snowmobile or all-terrain vehicle anywhere in this state or on 5.7 the ice of any boundary water of this state is subject to 5.8 sections 169.121 to 169.1218 and 169.123 to 169.129. In 5.9 addition to the applicable sanctions under chapter 169, a person 5.10 who is convicted of violating section 169.121 or an ordinance in 5.11 conformity with it while operating a snowmobile or all-terrain 5.12 vehicle, or who refuses to comply with a lawful request to 5.13 submit to testing under section 169.123 or an ordinance in 5.14 conformity with it, shall be prohibited from operating the 5.15 snowmobile or all-terrain vehicle for a period of one year. The 5.16 commissioner shall notify the convictedperson of the time 5.17 period during which the person is prohibited from operating a 5.18 snowmobile or all-terrain vehicle. 5.19 (d) Administrative and judicial review of the operating 5.20 privileges prohibition is governed by section 97B.066, 5.21 subdivisions 7 to 9, if the person does not have a prior 5.22 impaired driving conviction or prior license revocation, as 5.23 defined in section 169.121, subdivision 3. Otherwise, 5.24 administrative and judicial review of the prohibition is 5.25 governed by section 169.123. 5.26 (e) The court shall promptly forward to the commissioner 5.27 and the department of public safety copies of all convictions 5.28 and criminal and civil sanctions imposed under this section and 5.29 chapter 169 relating to snowmobiles and all-terrain vehicles. 5.30 (f) A person who violates paragraph (a) or (b), or an 5.31 ordinance in conformity with either of them, is guilty of a 5.32 misdemeanor. A person who operates a snowmobile or all-terrain 5.33 vehicle during the time period the person is prohibited from 5.34 operating a vehicle under paragraph (c) is guilty of a 5.35 misdemeanor. 5.36 Sec. 5. Minnesota Statutes 1998, section 84.925, 6.1 subdivision 1, is amended to read: 6.2 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 6.3 shall establish a comprehensive all-terrain vehicle 6.4 environmental and safety education and training program, 6.5 including the preparation and dissemination of vehicle 6.6 information and safety advice to the public, the training of 6.7 all-terrain vehicle operators, and the issuance of all-terrain 6.8 vehicle safety certificates to vehicle operators over the age of 6.9 12 years who successfully complete the all-terrain vehicle 6.10 environmental and safety education and training course. 6.11 (b) For the purpose of administering the program and to 6.12 defray a portion of the expenses of training and certifying 6.13 vehicle operators, the commissioner shall collect a fee of not6.14 to exceed $5from each person who receives the training and6.15 shall deposit the fee in the all-terrain vehicle account. The 6.16 commissioner shall establish a fee that neither significantly 6.17 over recovers nor under recovers costs, including overhead 6.18 costs, involved in providing the services. The fee is not 6.19 subject to the rulemaking provisions of chapter 14 and section 6.20 14.386 does not apply. The fees shall be deposited in the 6.21 all-terrain vehicle account and the amount thereof is 6.22 appropriated annually to the enforcement division of the 6.23 department of natural resources for the administration of the 6.24 program. In addition to the fee established by the 6.25 commissioner, instructors may charge each person up to the 6.26 established fee amount for class materials and expenses. 6.27 (c) The commissioner shall cooperate with private 6.28 organizations and associations, private and public corporations, 6.29 and local governmental units in furtherance of the program 6.30 established under this section. School districts may cooperate 6.31 with the commissioner and volunteer instructors to provide space 6.32 for the classroom portion of the training. The commissioner 6.33 shall consult with the commissioner of public safety in regard 6.34 to training program subject matter and performance testing that 6.35 leads to the certification of vehicle operators. 6.36 Sec. 6. Minnesota Statutes 1998, section 86A.04, is 7.1 amended to read: 7.2 86A.04 [COMPOSITION OF SYSTEM.] 7.3 The outdoor recreation system shall consist of all state 7.4 parks; state recreation areas; state trails established pursuant 7.5 to sections 84.029, subdivision 2, and 85.015; state scientific 7.6 and natural areas; state wilderness areas; state forests; state 7.7 wildlife management areas; state water access sites, which 7.8 include all lands and facilities established by the commissioner 7.9 of natural resources or the commissioner of transportation to 7.10 provide public access to water; state wild, scenic, and 7.11 recreational rivers; state historic sites; andstate rest areas, 7.12 which include all facilities established by the commissioner of 7.13 transportation for the safety, rest, comfort and use of the 7.14 highway traveler, and shall include all existing facilities 7.15 designated as rest areas and waysides by the commissioner of 7.16 transportation; and any other units not listed in this section 7.17 that are classified under section 86A.05. Each individual state 7.18 park, state recreation area, and so forth is called a "unit." 7.19 Sec. 7. Minnesota Statutes 1998, section 86B.331, 7.20 subdivision 1, is amended to read: 7.21 Subdivision 1. [ACTS PROHIBITED.] (a) An owner or other 7.22 person having charge or control of a motorboat may not authorize 7.23 or allow an individual the person knows or has reason to believe 7.24 is under the influence of alcohol or a controlled or other 7.25 substance to operate the motorboat in operation on the waters of 7.26 this state. 7.27 (b) An owner or other person having charge or control of a 7.28 motorboat may not knowingly authorize or allow a person, who by 7.29 reason of a physical or mental disability is incapable of 7.30 operating the motorboat, to operate the motorboat in operation 7.31 on the waters of this state. 7.32 (c) A person who operates or is in physical control of a 7.33 motorboat on the waters of this state is subject to sections 7.34 169.121 to 169.1218 and 169.123 to 169.129. In addition to the 7.35 applicable sanctions under chapter 169, a person who is 7.36 convicted of violating section 169.121 or an ordinance in 8.1 conformity with it while operating a motorboat, shall be 8.2 prohibited from operating the motorboat on the waters of this 8.3 state for a period of 90 days between May 1 and October 31, 8.4 extending over two consecutive years if necessary. If the 8.5 person operating the motorboat refuses to comply with a lawful 8.6 demand to submit to testing under section 169.123 or an 8.7 ordinance in conformity with it, the person shall be prohibited 8.8 from operating the motorboat for a period of one year. The 8.9 commissioner shall notify the convictedperson of the period 8.10 during which the person is prohibited from operating a motorboat. 8.11 (d) Administrative and judicial review of the operating 8.12 privileges prohibition is governed by section 97B.066, 8.13 subdivision 7 to 9, if the person does not have a prior impaired 8.14 driving conviction or prior license revocation, as defined in 8.15 section 169.121, subdivision 3. Otherwise, administrative and 8.16 judicial review of the prohibition is governed by section 8.17 169.123. 8.18 (e) The court shall promptly forward to the commissioner 8.19 and the department of public safety copies of all convictions 8.20 and criminal and civil sanctions imposed under this section and 8.21 chapter 169 relating to motorboats. 8.22 (f) A person who violates paragraph (a) or (b), or an 8.23 ordinance in conformity with either of them, is guilty of a 8.24 misdemeanor. 8.25 (g) For purposes of this subdivision, a motorboat "in 8.26 operation" does not include a motorboat that is anchored, 8.27 beached, or securely fastened to a dock or other permanent 8.28 mooring, or a motorboat that is being rowed or propelled by 8.29 other than mechanical means. 8.30 Sec. 8. Minnesota Statutes 1998, section 88.12, 8.31 subdivision 2, is amended to read: 8.32 Subd. 2. [CONTRACTS FOR SERVICES FOR FORESTRY OR WILDFIRE 8.33 PREVENTION WORK; COMMISSIONS TO PERSONS EMPLOYED.] The 8.34 commissioner is hereby authorized and empowered to contract for 8.35 or accept the services of any and all persons whose aid is 8.36 available, temporarily or otherwise, in forestry or wildfire 9.1 prevention work, either gratuitously or for compensation not in 9.2 excess of the limits provided by law with respect to the 9.3 employment of labor by the commissioner. At the request of 9.4 another emergency response agency, trained forestry wildfire 9.5 fighting resources may be used to support search and rescue 9.6 operations. The commissioner may issue a commission, or other 9.7 written evidence of authority, to any such person whose services 9.8 are so arranged for; and may thereby empower such person to act, 9.9 temporarily or otherwise, as fire warden, or in any other 9.10 capacity, with such powers and duties as may be specified in the 9.11 commission or other written evidence of authority, but not in 9.12 excess of the powers conferred by law on forest officers. 9.13 Sec. 9. Minnesota Statutes 1998, section 93.05, is amended 9.14 to read: 9.15 93.05 [HOLDER OF PERMIT ORLEASE.] 9.16 Subdivision 1. [RIGHT OF ENTRY.] In all cases where state 9.17 lands have been heretofore or may hereafter be sold pursuant to 9.18 the provisions of law upon which minerals have been reserved, 9.19 the holder of any mineral permit orlease subsequently issued 9.20 thereon may nevertheless enter upon the samelands and prospect 9.21 thereon thereunderon the lands under the lease. 9.22 Subd. 2. [SECURITY FOR DAMAGES; CONDEMNATION.] Before 9.23 entering upon the samelands described in subdivision 1, the 9.24 permit orlease holder shall pay or secure to the owner of the 9.25 lands all damages which may arise therefrom and the same may be 9.26 determined either by mutual agreement or, if the interested 9.27 parties cannot agree, then the holder of the mineral permit or9.28 lease may, in the name of the state of Minnesota, institute 9.29 proceedings to condemn the same in accordance with the general9.30 provisions ofaccording to chapter 117; provided, that the state 9.31 shall bear no part of the cost of these proceedings, nor pay any 9.32 part of the damages awarded thereinin the proceedings. 9.33 Subd. 3. [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a) 9.34 Upon written request of the holder of any mineral prospecting9.35 permit or minerallease from the state, not in default, with the 9.36 approval of the commissioner of natural resources, the attorney 10.1 general shall institute, in the name of the state, proceedings 10.2 to acquire by condemnation any lands, rights-of-way, drainage or 10.3 flowage rights, easements or other interests necessary in 10.4 connection with prospecting for or mining the ore covered by 10.5 such permit orthe lease. All costs and expenses of suchthe 10.6 proceedings and all damages awarded therein shall be paid by the 10.7 holder of the permit orlease. 10.8 (b) In any eminent domain proceedings hereunderunder this 10.9 section, any value which the land taken may have by reason of 10.10 its location or availability for the depositing of stripping, 10.11 tailings or other wastes from general mining operations in its 10.12 vicinity, or for the erection of buildings or structures thereon 10.13 in connection with such operations, shall be considered in 10.14 determining the damages to be awarded the owner thereofof the 10.15 land. 10.16 Sec. 10. Minnesota Statutes 1998, section 93.055, is 10.17 amended to read: 10.18 93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL 10.19 PERMIT ORLEASE.] 10.20 Upon written request of the holder of any mineral 10.21 prospecting permit or minerallease from the state, not in 10.22 default, with the approval of the commissioner of natural 10.23 resources, the attorney general may institute proceedings to 10.24 quiet the title and determine adverse claims or to register the 10.25 title of the state to the lands or interests covered by the 10.26 permit orlease. All costs and expenses of suchthe proceedings 10.27 including compensation of attorneys for the state shall be paid 10.28 by the holder of the permit orlease. Upon receipt of such10.29 request from the holder of a prospecting permit, if approved by10.30 the commissioner of natural resources, and if such action is10.31 authorized by the attorney general, the running of the time10.32 within which the permit holder must begin prospecting thereunder10.33 and the time within which the permit holder must apply for a10.34 lease or do any other act required by the permit shall be10.35 suspended until the entry of final judgment in the action, and10.36 the term of the permit and the time required for any action by11.1 the holder thereunder shall be extended by a period equivalent11.2 to the time from the receipt of the request to the entry of the11.3 judgment.11.4 Sec. 11. Minnesota Statutes 1998, section 93.14, is 11.5 amended to read: 11.6 93.14 [ISSUANCE OF PERMITSLEASES TO PROSPECT FOR ORES ;11.7 LEASES.] 11.8 The commissioner may execute permitsleases to prospect for 11.9 iron ore and other ores upon lands belonging to the state or in 11.10 which the state has an interest and leasesfor the mining of 11.11 suchthe ores, subject to the conditions provided in sections 11.12 93.15 to 93.28. 11.13 Sec. 12. Minnesota Statutes 1998, section 93.15, is 11.14 amended to read: 11.15 93.15 [MINING UNITS; DESIGNATION; AREA.] 11.16 Subdivision 1. [DESIGNATION OF MINING UNITS.] (a) The 11.17 commissioner of natural resources may designate any lands 11.18 belonging to the state and the beds of any waters belonging to 11.19 the state or any lands in which the state has an interest as 11.20 mining units and may rearrange or modify suchthe mining units 11.21 from time to time, subject to the limitations herein prescribed11.22 of this section. 11.23 (b) No mining unit shall contain lands belonging to more 11.24 than one permanent trust fund, except mining units leased under 11.25 section 93.25. 11.26 (c) Lands which have been sold by the state and are in use 11.27 as part of the site of a plant for the production of taconite 11.28 concentrates shall not be designated as mining units. Each11.29 mining unit shall consist of a contiguous tract not exceeding 8011.30 acres in area except as follows:11.31 (1) An area not exceeding 90 acres consisting of or11.32 including one or more government lots or fractional or oversized11.33 subdivisions according to the government survey may be included11.34 in one mining unit.11.35 (2) An area of any size which has been covered by a state11.36 mining lease or contract heretofore issued and heretofore or12.1 hereafter terminated may be included in one mining unit.12.2 (3) An area of any size within the bed of any public waters12.3 belonging to the state may be included in one mining unit.12.4 Subd. 2. [LIST OF MINING UNITS.] The commissioner shall 12.5 prepare and keep on file in the office of the division of lands 12.6 and minerals of the department of natural resources and at such 12.7 other places as the commissioner may direct a list of the mining 12.8 units designated hereunderunder this section, giving the 12.9 descriptions thereofof the mining units and such other 12.10 information as the commissioner deems necessary. In case the 12.11 commissioner shall prescribe special conditions to be included 12.12 in a prospecting permit orlease for any mining unit as 12.13 authorized by law, a statement of suchthe conditions shall be 12.14 included with the designation of suchthe unit in the list. 12.15 Subd. 3. [ONE MINING UNIT PER LEASE.] Except as otherwise 12.16 expressly provided by law, each prospecting permit ormining 12.17 lease shall cover only one entire mining unit designated as12.18 herein provided, and the designation of a mining unit in force12.19 at the time an application for a prospecting permit therefor is12.20 received by the commissioner according to law shall govern and12.21 shall remain unchanged for the purposes of such permit or any12.22 lease issued pursuant theretounder this section. 12.23 Sec. 13. Minnesota Statutes 1998, section 93.16, is 12.24 amended to read: 12.25 93.16 [ PERMITSLEASES; SALE, NOTICE.] 12.26 (a) Except as otherwise expressly provided by law, 12.27 prospecting permitsleases for iron ore or other minerals 12.28 belonging to the state shall be issued only upon public sale as 12.29 hereinprovided under this section. 12.30 (b) The sale of permits mayleases shall be held at such 12.31 times and places as designated by the commissioner. 12.32 (c) The commissioner shall give public notice of intent to 12.33 hold a public sale by publication in the State Register, the EQB 12.34 Monitor, and such other publications as the commissioner may 12.35 direct at least 90 days prior to the proposed date of sale. 12.36 (d) The commissioner shall give public notice of each sale 13.1 by publication for three successive weeks in a daily13.2 newspaper that has its known office of issue in the county seat 13.3 of the county in which the mining units to be leased are located 13.4 and in a daily newspaper printed and published in each of the13.5 cities of St. Paul, Minneapolis, Duluth,Hibbing ,and Virginia. 13.6 If no newspaper has its known office of issue in the county seat 13.7 of a particular county, the commissioner shall publish notice in 13.8 the newspaper designated as the publisher of the official 13.9 proceedings of the county board of that county. The lastfirst 13.10 publication shall be not less than seven days nor more thanat 13.11 least 30 days before the date of sale. Like noticeThe public 13.12 notice of sale shall also be published in the State Register and 13.13 the EQB Monitor at least 30 days before the date of sale and may 13.14 be published in not to exceed twoadditional newspapers and two13.15 trade magazines, as the commissioner may direct. 13.16 (e) Each notice shall contain the following information: 13.17 (1) time and place of holding the sale; 13.18 (2) The general requirements of law affecting bidders and13.19 purchasers of permits;13.20 (3)the place or places where the list of mining units ,to 13.21 be offered for sale will be available for inspection and where 13.22 forms for bids and applications for prospecting permitsleases 13.23 may be obtained; and 13.24 (4)(3) such other information as the commissioner may 13.25 direct. 13.26 Sec. 14. Minnesota Statutes 1998, section 93.17, is 13.27 amended to read: 13.28 93.17 [APPLICATION FOR PERMITSLEASES; BIDS; AWARDS.] 13.29 Subdivision 1. [LEASE APPLICATION.] (a) Applications for 13.30 permitsleases to prospect for iron ore shall be presented to 13.31 the commissioner in writing in such form as the commissioner may 13.32 prescribe at any time before 4:30 p.m., St. Paul, Minnesota 13.33 time, on the last business day before the day specified for the 13.34 opening of bids, and no bids submitted after that time shall be 13.35 considered. The application shall be accompanied by a certified 13.36 check, cashier's check, or bank money order payable to the state14.1 treasurerdepartment of natural resources in the sum of $50$100 14.2 for each mining unit as set out above. 14.3 (b) Each application shall be accompanied alsoby a sealed 14.4 bid setting forth the amount of royalty per gross ton of crude 14.5 ore based upon the iron content of the ore when dried at 212 14.6 degrees Fahrenheit, in its natural condition or when 14.7 concentrated, as set out in detail hereaftersection 93.20, 14.8 subdivisions 12 to 18, that the applicant proposes to pay to the 14.9 state of Minnesota in case the permitlease shall be awarded. 14.10 Subd. 2. [BID REQUIREMENTS.] (a) Whenever a bid on any 14.11 mining unit exceeds the minimums prescribed in section 93.20, 14.12 the bidder shall offer a uniform amount above the minimums on 14.13 all schedules unless the mining unit is expressly excepted from 14.14 this requirement by the commissioner of natural resources by so 14.15 specifying in the list of lands and mining units. 14.16 A separate sealed bid shall be required for each mining14.17 unit as established by the commissioner covered by the14.18 application, and shall be accompanied by a certified check made14.19 payable to the state treasurer in the sum of $200 as a guarantee14.20 that the applicant will carry out and perform in good faith all14.21 the covenants set out in the permit.14.22 (b) The envelope containing each bid shall be plainly 14.23 marked on the outside showing the date of application, date 14.24 received by the commissioner, and the name of the applicant. 14.25 The commissioner shall endorse upon each application and sealed 14.26 bid the exact time of presentation and preserve the same 14.27 unopened in the commissioner's office. 14.28 Subd. 3. [BID ACCEPTANCE.] (a) At the time and place fixed 14.29 for the sale, the commissioner shall publicly announce the 14.30 number of applications and bids received. The commissioner ,14.31 together with at least one member of the executive council as14.32 designated by the council,shall then publicly open the bids and 14.33 announce the amount of each bid separately. Thereafter, the 14.34 commissioner, together with the executive council, shall award 14.35 the permitsleases to the highest bidders for the respective 14.36 mining units, but no bids shall be accepted that shalldo not 15.1 equal or exceed the minimum amounts provided for in section 15.2 93.20, nor shall any bid be accepted that shalldoes not comply 15.3 with the law and be accompanied by a certified check for the15.4 faithful performance of the terms of each permit as hereinbefore15.5 set out. The right is reserved to the state to reject any and 15.6 all bids. 15.7 (b) All applications for permitsleases and bids not 15.8 accepted at suchthe sale shall become void at the close of the 15.9 sale and the checkspayment accompanying the applications and 15.10 bids shall be returned to the applicants entitled to them. 15.11 (c) Upon the award of a permitlease, the certified check15.12 payment submitted with the application as provided by 15.13 subdivision 1, shall be deposited with the state treasurer as a 15.14 fee for the permit, to be credited to the same fund as the15.15 rental or royalty from the mining unit affected, and the15.16 certified check submitted with the bid as provided by15.17 subdivision 2, shall be deposited with the state treasurer and15.18 held for further disposition as provided by lawlease. 15.19 Sec. 15. [93.1925] [NEGOTIATED LEASES.] 15.20 Subdivision 1. [CONDITIONS REQUIRED.] When the 15.21 commissioner finds that the best interests of the state will be 15.22 served and the circumstances in clause (1), (2), or (3) exist, 15.23 the commissioner, with the approval of the executive council, 15.24 may issue an iron ore or taconite iron ore mining lease through 15.25 negotiations to an applicant. A lease may be issued through 15.26 negotiations under any of the following circumstances: 15.27 (1) the state taconite iron ore is adjacent to taconite 15.28 iron ore owned or leased for mining purposes by the applicant 15.29 and the commissioner finds that it is impracticable to mine the 15.30 state taconite iron ore except in conjunction with the mining of 15.31 the adjacent ore; 15.32 (2) the lands to be leased are primarily valuable for their 15.33 natural iron ore content; or 15.34 (3) the state's mineral ownership interest in the lands to 15.35 be leased is an undivided fractional interest and the applicant 15.36 holds under control a majority of the remaining undivided 16.1 fractional mineral interests in the lands to be leased. 16.2 Subd. 2. [APPLICATION.] (a) An application for a 16.3 negotiated lease shall be submitted to the commissioner of 16.4 natural resources. The commissioner shall prescribe the 16.5 information to be included in the application. The applicant 16.6 shall submit with the application a certified check, cashier's 16.7 check, or bank money order, payable to the department of natural 16.8 resources in the sum of $100, as a fee for filing the 16.9 application. The application fee shall not be refunded under 16.10 any circumstances. 16.11 (b) The right is reserved to the state to reject any or all 16.12 applications for a negotiated lease. 16.13 Subd. 3. [TERMS.] A lease issued under this section shall 16.14 be in the form set forth in section 93.20, with such additional 16.15 terms and conditions consistent with the lease as may be agreed 16.16 upon. The rental and royalty rates agreed upon shall be not 16.17 less than those prescribed in section 93.20. 16.18 Sec. 16. Minnesota Statutes 1998, section 93.193, 16.19 subdivision 1, is amended to read: 16.20 Subdivision 1. [APPLICATION FOR EXTENSION.] Upon written 16.21 application by the holder of any mining lease heretofore issued, 16.22 or hereafter issued upon a prospecting permit heretofore issued, 16.23 which has been or may bedesignated as a taconite iron ore 16.24 mining lease pursuant to Minnesota Statutes 1998, section 93.19 16.25 or 93.191, the commissioner of natural resources, with the 16.26 approval of the executive council, may extend the term thereof16.27 of the lease for an additional period of 25 years beyond the 16.28 term specified thereinin the lease, upon the terms and 16.29 conditions hereinafterprescribed under this section. The 16.30 additional period of 25 years for which such athe lease is 16.31 extended ,shall be the extended period as suchthe term is used 16.32 hereinin this section. 16.33 Sec. 17. Minnesota Statutes 1998, section 93.21, is 16.34 amended to read: 16.35 93.21 [EXECUTION OF LEASE.] 16.36 The lease provided for in section 93.20 shall be signed by 17.1 the commissioner for and in behalf of the state , with the17.2 official seal of the commissioner attached,and shall be signed 17.3 by the party of the second part in the presence of two 17.4 witnesses, and suchthe signatures and execution of the same by 17.5 the party of the second part shall be duly acknowledged. 17.6 Sec. 18. Minnesota Statutes 1998, section 93.22, is 17.7 amended to read: 17.8 93.22 [ DISPOSAL OF MONEYS RECEIVEDDISPOSITION OF 17.9 PAYMENTS.] 17.10 (a) All payments under sections 93.14 to 93.2893.285 shall 17.11 be made to the state treasurer on the order of the commissioner17.12 of finance, or the commissioner, as the case may be,department 17.13 of natural resources and shall be credited to the permanent fund17.14 of the class of land to which the demised premises belong and in17.15 case the land shall not belong to any class of land having a17.16 permanent fund then all payments shall be credited to such fund17.17 as the legislature shall by law direct.as follows: 17.18 (1) if the lands or minerals and mineral rights covered by 17.19 a lease are held by the state by virtue of an act of Congress, 17.20 payments made under the lease shall be credited to the permanent 17.21 fund of the class of land to which the leased premises belong; 17.22 (2) if a lease covers the bed of navigable waters, payments 17.23 made under the lease shall be credited to the permanent school 17.24 fund of the state; and 17.25 (3) if the lands or minerals and mineral rights covered by 17.26 a lease are held by the state in trust for the taxing districts, 17.27 payments made under the lease shall be distributed annually on 17.28 the first day of September as follows: 17.29 (i) 20 percent to the general fund; and 17.30 (ii) 80 percent to the respective counties in which the 17.31 lands lie, to be apportioned among the taxing districts 17.32 interested therein as follows: county, three-ninths; town or 17.33 city, two-ninths; and school district, four-ninths. 17.34 (b) Except as provided under paragraph (a) and except where 17.35 the disposition of payments may be otherwise directed by law, 17.36 all payments shall be paid into the general fund of the state. 18.1 Sec. 19. [93.245] [MINING OF MINERALS OTHER THAN IRON 18.2 ORE.] 18.3 (a) If a mineral other than iron ore or taconite ore is 18.4 found on or in a mining unit covered by a state iron ore or 18.5 taconite iron ore mining lease, the state lessee may apply to 18.6 the commissioner of natural resources for a negotiated lease to 18.7 explore for, mine, and remove the mineral. The terms and 18.8 conditions under which the mineral may be mined or products 18.9 recovered shall be as agreed upon by the commissioner and the 18.10 state lessee. A mineral lease for ores other than iron ore or 18.11 taconite iron ore must comply with section 93.25 and rules 18.12 adopted thereunder. 18.13 (b) The right is reserved to the state to reject any or all 18.14 applications for a negotiated lease under paragraph (a). The 18.15 state may lease, under section 93.25 and rules adopted 18.16 thereunder, any minerals other than iron ore or taconite iron 18.17 ore on or in a mining unit covered by a state iron ore or 18.18 taconite iron ore mining lease. 18.19 Sec. 20. Minnesota Statutes 1998, section 93.25, 18.20 subdivision 1, is amended to read: 18.21 Subdivision 1. [LEASES.] The commissioner may issue leases 18.22 to prospect for, mine, and remove minerals other than iron ore 18.23 upon any lands owned by the state, including trust fund lands, 18.24 lands forfeited for nonpayment of taxes whether held in trust or 18.25 otherwise, and lands otherwise acquired, and the beds of any 18.26 waters belonging to the state. For purposes of this section, 18.27 iron ore means iron-bearing material where the primary product 18.28 is iron metal. 18.29 Sec. 21. Minnesota Statutes 1998, section 93.25, 18.30 subdivision 2, is amended to read: 18.31 Subd. 2. [LEASE REQUIREMENTS.] All leases for nonferrous 18.32 metallic minerals or petroleum must be approved by the executive 18.33 council, and any other mineral lease issued pursuant to this 18.34 section that covers 160 or more acres must be approved by the 18.35 executive council. The rents, royalties, terms, conditions, and 18.36 covenants of all such leases shall be fixed by the commissioner 19.1 pursuant to suchaccording to rules as may be prescribedadopted 19.2 by the commissioner, but no lease shall be for a longer term 19.3 than 50 years, and all suchrents, royalties, terms, conditions, 19.4 and covenants shall be fully set forth in each lease thusissued 19.5 and. The rents and royalties therein provided forshall be 19.6 credited to the funds as provided in section 93.22 or 93.335,19.7 subdivision 4, as amended. 19.8 Sec. 22. Minnesota Statutes 1998, section 93.26, is 19.9 amended to read: 19.10 93.26 [ PERMITS ANDLEASES TO BE RECORDEDFILED.] 19.11 All permits andleases, with the names and post office 19.12 addresses of all parties in interest, issued by the commissioner 19.13 under authority of sections 93.14 to 93.2893.285, before 19.14 delivery shall be duly recorded at length in the record books to19.15 be provided and keptfiled for record in the commissioner's 19.16 office for that purpose and. A certificate of such record19.17 filing showing the date of record, the book and page19.18 thereof,filing shall be endorsed on each such permit orlease. 19.19 Sec. 23. Minnesota Statutes 1998, section 93.27, is 19.20 amended to read: 19.21 93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING 19.22 PERMITS ORLEASES; RECORDSFILING.] 19.23 All assignments, agreements, or contracts, underlying, 19.24 overriding, or operating agreements affecting any such permit or19.25 a lease shall be made in writing and signed by both parties 19.26 thereto, witnessed by two witnesses, and properly acknowledged 19.27 and contain the post office addresses of all parties having an 19.28 interest; and when so executed presented in triplicate to the 19.29 commissioner for filing of record. The commissioner shall then19.30 record such assignments, agreements, or contracts, underlying,19.31 overriding, or operating agreements at length in record books19.32 kept and provided for that purpose in the commissioner's office19.33 andA certificate of such recordfiling showing the date thereof19.34 and the book and pageof filing shall be endorsed on the the 19.35 assignments, agreements, contracts, underlying, overriding, or 19.36 operating agreements, a copy of which then shall be returned to 20.1 the party entitled thereto. 20.2 Sec. 24. Minnesota Statutes 1998, section 93.28, is 20.3 amended to read: 20.4 93.28 [APPROVAL OF INSTRUMENTS; FEES.] 20.5 All instruments by virtue of which the title to any permit20.6 ora lease herein provided for is in any way affected shall 20.7 receive , as to form and execution,the approval of the 20.8 commissioner, which approval shall be endorsed thereon, and the 20.9 instrument when so approved shall be duly recordedfiled as 20.10 provided in section 93.27. For recording any assignment or20.11 other instrument affecting the title to any permit or lease or20.12 for furnishing certified copies of the records, the commissioner20.13 may charge a fee of ten cents per folio. All such fees shall be20.14 turned into the state treasury.20.15 Sec. 25. Minnesota Statutes 1998, section 93.285, 20.16 subdivision 2, is amended to read: 20.17 Subd. 2. [INCLUSION IN MINING UNIT.] In case any 20.18 stockpiled iron ore is situated on land designated or suitable 20.19 for designation as a mining unit under section 93.15, suchthe 20.20 stockpiled ore may, in the discretion of the commissioner of 20.21 natural resources, be included in suchthe unit by inserting a 20.22 description of suchthe ore in the designation of the unit. 20.23 Otherwise suchthe ore shall not be considered as included 20.24 in suchthe unit. Upon the inclusion of suchthe ore in such20.25 the unit, it shall be subject to all provisions of law relating 20.26 to the sale, issuance, terms, and conditions of a prospecting20.27 permit andlease covering suchthe unit and other matters 20.28 pertaining thereto, so far as applicable , except as hereinafter20.29 provided. 20.30 Sec. 26. Minnesota Statutes 1998, section 93.285, 20.31 subdivision 3, is amended to read: 20.32 Subd. 3. [STOCKPILE MINING UNIT.] (a) Any stockpiled iron 20.33 ore, wherever situated, may, in the discretion of the 20.34 commissioner of natural resources, be designated as a stockpile 20.35 mining unit for disposal separately from ore in the ground, such 20.36 designation to be made in accordance with the provisions of21.1 according to section 93.15, so far as applicable. Thereupon21.2 such stockpile mining unit shall be subject to all provisions of21.3 law relating to the sale, issuance, terms, and conditions of21.4 prospecting permits and leases covering mining units designated21.5 under such section 93.15 and other matters pertaining thereto,21.6 except as hereinafter provided. Upon application of the holder21.7 of a prospecting permit for such a stockpile mining unit, the21.8 commissioner of natural resources may, for good cause shown,21.9 extend the time for beginning the work of prospecting under the21.10 permit to not exceeding six months from the date of the permit.21.11 (b) The commissioner may lease the mining unit at public or 21.12 private sale for an amount and under terms and conditions 21.13 prescribed by the commissioner. The lease term may not exceed 21.14 25 years. The amount payable for stockpiled iron ore material 21.15 shall be at least equivalent to the minimum royalty that would 21.16 be payable under section 93.20. 21.17 Sec. 27. Minnesota Statutes 1998, section 93.335, 21.18 subdivision 1, is amended to read: 21.19 Subdivision 1. [ LAND GROUPED INTO MINING UNITS; LEASES21.20 LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND 21.21 CONDITIONS.] Lands or minerals and mineral rights, including21.22 fractional undivided interests therein, becoming the absolute21.23 property of the state under the tax laws, may be grouped into21.24 mining units, permits to prospect for iron ore thereon shall be21.25 awarded, andMining leases thereonissued as provided by 21.26 sections 93.14 to 93.33, and,except as otherwise specifically 21.27 provided hereinunder this section, shall be subject to all the 21.28 terms, conditions, and provisions of suchsections shall be21.29 applicable thereto93.14 to 93.33, regardless of whether or 21.30 not suchthe lands or minerals and mineral rights are held in 21.31 trust for taxing districts. Leases issued hereunder shall be in21.32 the form provided by law, with only such changes as the21.33 commissioner of natural resources shall find necessary to21.34 indicate the specific interest covered by the lease and the21.35 proportion of the stipulated royalty or rental payable under21.36 subdivision 2 or otherwise to conform with the provisions22.1 hereof. In case the state owns such a fractional undivided22.2 interest and the remaining undivided interest in the property is22.3 owned or held under lease for mining purposes by another, the22.4 commissioner of natural resources, with the approval of the22.5 executive council, upon application of such owner or lessee,22.6 without public sale and without prior issuance of a prospecting22.7 permit, may enter into a mining lease with such owner or lessee22.8 covering the state's interest under the following terms and22.9 conditions:22.10 (1) The application shall be in such form and shall contain22.11 such information as the commissioner shall prescribe;22.12 (2) Where any of the ore to be mined under such lease lies22.13 within the bed of a public lake or stream, the lessee shall22.14 obtain an appropriate permit from the commissioner, pursuant to22.15 applicable laws;22.16 (3) The lease shall be in the form herein prescribed,22.17 except that it may provide for the payment of rental and royalty22.18 at such rates as may be agreed upon between the parties and may22.19 contain such additional appropriate provisions, not inconsistent22.20 with law, as may be agreed upon in furtherance of the mutual22.21 interests of the parties; provided, that the rental and royalty22.22 rates for iron ore shall not be less than the applicable minimum22.23 rates prescribed in section 18.104.22.168 Sec. 28. Minnesota Statutes 1998, section 93.43, is 22.25 amended to read: 22.26 93.43 [ PERMITS, LICENSES, ANDLEASES TO COPPER,22.27 COPPER-NICKEL OR NICKELNONFERROUS METALLIC MINERALS PRODUCERS.] 22.28 (a) The business of mining, producing, or beneficiating 22.29 copper, copper-nickel or nickelnonferrous metallic minerals is 22.30 declared to be in the public interest and necessary to the 22.31 public welfare, and the use of property therefor is declared to 22.32 be a public use and purpose. 22.33 (b) The commissioner of natural resources is authorized to 22.34 grant permits or, licenses, or leases on and across lands owned 22.35 by the state to any corporation or association engaged in the 22.36 business of or preparing to engage in the business of mining, 23.1 producing, or beneficiating copper, copper-nickel or23.2 nickelnonferrous metallic minerals for pipe lines, pole lines, 23.3 conduits, sluiceways, roads, railroads, tramways, or flowage, 23.4 and to lease any lands owned by the state to any such 23.5 corporation or association for the depositing of stripping, lean 23.6 ores, tailings, or waste products of such business. 23.7 (c) The commissioner of natural resources is also 23.8 authorized to license the flooding of state lands in connection 23.9 with any permit or authorization for the use of public waters 23.10 issued by the legislature or by the commissioner pursuant to 23.11 law. SuchThe permits, licenses, and leases shall be upon such23.12 the conditions and, for suchthe consideration, and for 23.13 suchthe period of time as the commissioner may determine. 23.14 (d) The county auditor, with the approval of the county 23.15 board, is authorized to grant permits, licenses, or leases for 23.16 all such purposes of or across tax-forfeited lands held by the 23.17 state in trust for any and all taxing districts, upon suchthe 23.18 conditions and, for suchthe considerations, and for such23.19 the period of time as the county board may determine. Any 23.20 proceeds from thegranting of suchthe permits, licenses, or 23.21 leases by the county auditor shall be apportioned and 23.22 distributed as other proceeds from the sale or rental of tax- 23.23 forfeited lands. 23.24 Sec. 29. Minnesota Statutes 1999 Supplement, section 23.25 97A.065, subdivision 2, is amended to read: 23.26 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 23.27 forfeited bail collected from prosecutions of violations of: 23.28 the game and fish laws; sections 84.091 to 84.15; sections 84.81 23.29 to 84.91; section 169.121, when the violation involved an 23.30 off-road recreational vehicle as defined in section 169.01, 23.31 subdivision 86; chapter 348; and any other law relating to wild 23.32 animals or aquatic vegetation, must be paid to the treasurer of 23.33 the county where the violation is prosecuted. The county 23.34 treasurer shall submit one-half of the receipts to the 23.35 commissioner and credit the balance to the county general 23.36 revenue fund except as provided in paragraphs (b), (c), and 24.1 (d). In a county in a judicial district under section 480.181, 24.2 subdivision 1, paragraph (b), as added in Laws 1999, chapter 24.3 216, article 7, section 26, the share that would otherwise go to 24.4 the county under this paragraph must be submitted to the state 24.5 treasurer for deposit in the state treasury and credited to the 24.6 general fund. 24.7 (b) The commissioner must reimburse a county, from the game 24.8 and fish fund, for the cost of keeping prisoners prosecuted for 24.9 violations under this section if the county board, by 24.10 resolution, directs: (1) the county treasurer to submit all 24.11 fines and forfeited bail to the commissioner; and (2) the county 24.12 auditor to certify and submit monthly itemized statements to the 24.13 commissioner. 24.14 (c) The county treasurer shall submit one-half of the 24.15 receipts collected under paragraph (a) from prosecutions of 24.16 violations of sections 84.81 to 84.91, and 169.121, except 24.17 receipts that are surcharges imposed under section 357.021, 24.18 subdivision 6, to the state treasurercommissioner and credit 24.19 the balance to the county general fund. The state treasurer24.20 commissioner shall credit these receipts to the snowmobile 24.21 trails and enforcement account in the natural resources fund. 24.22 (d) The county treasurer shall indicate the amount of the 24.23 receipts that are surcharges imposed under section 357.021, 24.24 subdivision 6, and shall submit all of those receipts to the 24.25 state treasurer. 24.26 Sec. 30. Minnesota Statutes 1998, section 97A.095, is 24.27 amended by adding a subdivision to read: 24.28 Subd. 4. [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land 24.29 described in Laws 1999, chapter 81, section 2, is designated 24.30 Swan Lake migratory waterfowl refuge under subdivision 1. 24.31 Sec. 31. Minnesota Statutes 1998, section 97A.405, is 24.32 amended by adding a subdivision to read: 24.33 Subd. 4. [REPLACEMENT LICENSES.] The commissioner may 24.34 permit licensed firearms deer hunters to change zone or season 24.35 options before the regular firearms deer season begins. The 24.36 commissioner may issue a replacement license if the applicant 25.1 submits the original firearms deer license that is being 25.2 replaced and the applicant pays any increase in cost between the 25.3 original and the replacement license. 25.4 Sec. 32. Minnesota Statutes 1998, section 97A.431, 25.5 subdivision 4, is amended to read: 25.6 Subd. 4. [SEPARATE SELECTION; ELIGIBILITY.] (a) The 25.7 commissioner may conduct a separate selection for up to 20 25.8 percent of the moose licenses to be issued for an area. Only 25.9 owners of, and tenants living on, at least 160 acres of 25.10 agricultural or grazing land in the area, and their family 25.11 members, are eligible for the separate selection under this 25.12 paragraph. Persons that are unsuccessful in a separate25.13 selection must be included in the selection for the remaining25.14 licenses.25.15 (b) The commissioner must conduct a separate selection for 25.16 20 percent of the moose licenses to be issued each year. Only 25.17 individuals who have applied at least ten times for a moose 25.18 license and who have never received a license are eligible for 25.19 this separate selection. 25.20 (c) The commissioner may by rule establish criteria for: 25.21 (1) determining eligible family members under this25.22 subdivision.paragraph (a); and 25.23 (2) verifying that an individual has made at least ten 25.24 unsuccessful applications for the purposes of paragraph (b). 25.25 (d) A person who is unsuccessful in a separate selection 25.26 under this subdivision must be included in the selection for the 25.27 remaining licenses. 25.28 Sec. 33. Minnesota Statutes 1998, section 97A.435, 25.29 subdivision 4, is amended to read: 25.30 Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 25.31 The commissioner may conduct a separate selection for up to 20 25.32 percent of the turkey licenses to be issued for any area. Only 25.33 persons thatwho are owners or tenants of and that live on at 25.34 least 40 acres of agricultural or grazing land in the area, and 25.35 their family members, are eligible applicants for turkey 25.36 licenses for the separate selection. The qualifying 26.1 agricultural or grazing land may be noncontiguous. Persons that26.2 who are unsuccessful in a separate selection must be included in 26.3 the selection for the remaining licenses. Persons thatwho 26.4 obtain a license in a separate selection must allow public 26.5 turkey hunting on their land during that turkey season. 26.6 (b) The commissioner may by rule establish criteria for 26.7 determining eligible family members under this subdivision. 26.8 Sec. 34. Minnesota Statutes 1998, section 97A.475, 26.9 subdivision 30, is amended to read: 26.10 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 26.11 commercial fish are: 26.12 (1) commercial license fees: 26.13 (i) for residents and nonresidents seining and netting in 26.14 inland waters, $90; 26.15 (ii) for residents netting in Lake Superior, $50; 26.16 (iii) for residents netting in Lake of the Woods, Rainy, 26.17 Namakan, and Sand Point lakes, $50; 26.18 (iv) for residents seining in the Mississippi River from St. 26.19 Anthony Falls to the St. Croix River junction, $50; 26.20 (v) for residents seining, netting, and set lining in 26.21 Wisconsin boundary waters from Lake St. Croix to the Iowa 26.22 border, $50; and 26.23 (vi) for a resident apprentice license, $25; and 26.24 (2) commercial gear fees: 26.25 (i) for each gill net in Lake Superior, Wisconsin boundary 26.26 waters, and Namakan Lake, $3.50 per 100 feet of net; 26.27 (ii) for each seine in inland waters, on the Mississippi 26.28 River as described in section 97C.801, subdivision 2, and in 26.29 Wisconsin boundary waters, $7 per 100 feet; 26.30 (iii) for each commercial hoop net in inland waters, $1.25; 26.31 (iv) for each submerged fyke, trap, and hoop net in Lake 26.32 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 26.33 Namakan, and Sand Point lakes, and for each pound net in Lake 26.34 Superior, $15; 26.35 (v) for each stake and pound net in Lake of the Woods, $60; 26.36 and 27.1 (vi) for each set line in the Wisconsin boundary waters, 27.2 $20 ; and27.3 (vii) for each trawl used in Lake Superior, $50. 27.4 Sec. 35. Minnesota Statutes 1998, section 97A.475, is 27.5 amended by adding a subdivision to read: 27.6 Subd. 44. [REPLACEMENT LICENSES.] The fee for a 27.7 replacement firearms deer license is $5. 27.8 Sec. 36. Minnesota Statutes 1998, section 97B.015, 27.9 subdivision 2, is amended to read: 27.10 Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 27.11 (a) The commissioner shall appoint a qualified person from the 27.12 enforcement division under civil service rules as supervisor of 27.13 hunting safety and prescribe the duties and responsibilities of 27.14 the position. The commissioner shall determine and provide the 27.15 enforcement division with the necessary personnel for this 27.16 section. 27.17 (b) The commissioner may appoint one or more county 27.18 directors of hunting safety in each county. An appointed county 27.19 director is responsible to the enforcement division. The 27.20 enforcement division may appoint instructors necessary for this 27.21 section. County directors and instructors shall serve on a 27.22 voluntary basis without compensation. The enforcement division 27.23 must supply the materials necessary for the course. School 27.24 districts may cooperate with the commissioner and volunteer 27.25 instructors to provide space for the classroom portion of the 27.26 training. 27.27 Sec. 37. Minnesota Statutes 1998, section 97B.015, 27.28 subdivision 4, is amended to read: 27.29 Subd. 4. [STUDENT FEE.] To defray the expense of the 27.30 course, the enforcement division shall collect a fee not to27.31 exceed $5from each person that takes the firearm safety course. 27.32 The commissioner shall establish a fee that neither 27.33 significantly over recovers nor under recovers costs, including 27.34 overhead costs, involved in providing the services. The fee is 27.35 not subject to the rulemaking provisions of chapter 14 and 27.36 section 14.386 does not apply. The fees shall be deposited in 28.1 the game and fish fund and the amount thereof is appropriated 28.2 annually to the enforcement division of the department of 28.3 natural resources for the administration of the program. In 28.4 addition to the fee established by the commissioner, instructors 28.5 may charge each person up to the established fee amount for 28.6 class materials and expenses. 28.7 Sec. 38. Minnesota Statutes 1999 Supplement, section 28.8 97B.025, is amended to read: 28.9 97B.025 [ ADVANCEDHUNTER AND TRAPPER EDUCATION.] 28.10 The commissioner may establish advancededucation courses 28.11 for hunters and trappers. The commissioner , with the approval28.12 of the commissioner of finance, may imposeshall collect a fee 28.13 not to exceed $10 forfrom each person attending an advanced28.14 educationa course. The commissioner shall establish a fee that 28.15 neither significantly over recovers nor under recovers costs, 28.16 including overhead costs, involved in providing the services. 28.17 The fee is not subject to the rulemaking provisions of chapter 28.18 14 and section 14.386 does not apply. The fees shall be 28.19 deposited in the game and fish fund and the amount thereof is 28.20 appropriated annually to the enforcement division of the 28.21 department of natural resources for the administration of the 28.22 program. In addition to the fee established by the 28.23 commissioner, instructors may charge each person up to the 28.24 established fee amount for class materials and expenses. School 28.25 districts may cooperate with the commissioner and volunteer 28.26 instructors to provide space for the classroom portion of the 28.27 training. 28.28 Sec. 39. Minnesota Statutes 1998, section 97B.301, 28.29 subdivision 4, is amended to read: 28.30 Subd. 4. [TAKING MORE THAN ONE DEER.] (a) The commissioner 28.31 may, by rule, allow a person to take more than one deer. The 28.32 commissioner shall prescribe the conditions for taking the 28.33 additional deer including: 28.34 (1) taking by firearm or archery; 28.35 (2) obtaining additional licenses; and 28.36 (3) payment of a fee not more than the fee for a firearms 29.1 deer license; and 29.2 (4) the total number of deer that an individual may take. 29.3 (b) In Kittson, Lake of the Woods, Marshall, Pennington, 29.4 and Roseau counties, a person may obtain one firearms deer 29.5 license and one archery deer license in the same license year, 29.6 and may take one deer under each license. The commissioner may 29.7 limit the use of this provision in certain years to protect the 29.8 deer population in the area. 29.9 Sec. 40. [97C.02] [ACQUISITION OF CRITICAL AQUATIC 29.10 HABITAT.] 29.11 The commissioner shall acquire lands that are critical for 29.12 fish and other aquatic life and that meet criteria described for 29.13 aquatic management areas in section 86A.05, subdivision 14. The 29.14 lands that are acquired may be developed to manage lakes, 29.15 rivers, streams, and adjacent wetlands and lands for aquatic 29.16 life, water quality, intrinsic biological value, public fishing, 29.17 and other compatible outdoor recreational uses. The land may be 29.18 acquired by gift, lease, easement, or purchase. The 29.19 commissioner shall designate land acquired under this 29.20 subdivision as aquatic management areas for the purposes of the 29.21 outdoor recreation system. 29.22 Sec. 41. Minnesota Statutes 1998, section 97C.041, is 29.23 amended to read: 29.24 97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.] 29.25 The commissioner may take rough fish, lake whitefish, and 29.26 rainbow smelt with seines, nets, and other devices. The 29.27 commissioner may also take catfish with seines, nets, and other 29.28 devices on the Minnesota-Wisconsin boundary waters. The 29.29 commissioner may hire or contract persons, or issue permits, to 29.30 take the fish. The commissioner shall prescribe the manner of 29.31 taking and disposal. The commissioner may award a contract 29.32 under this section without competitive bidding. Before 29.33 establishing the contractor's compensation, the commissioner 29.34 must consider the qualifications of the contractor, including 29.35 the contractor's equipment, knowledge of the waters, and ability 29.36 to perform the work. 30.1 Sec. 42. Minnesota Statutes 1998, section 97C.501, 30.2 subdivision 1, is amended to read: 30.3 Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be 30.4 a minnow retailer without a minnow retailer license except as 30.5 provided in subdivisionsubdivisions 2, paragraph (d), and 3. A 30.6 person must purchase a minnow retailer license for each minnow 30.7 retail outlet operated, except as provided by subdivision 2, 30.8 paragraph (d). 30.9 (b) A minnow retailer must obtain a minnow retailer's 30.10 vehicle license for each motor vehicle used by the minnow 30.11 retailer to transport more than 12 dozen minnows to the minnow 30.12 retailer's place of business, except as provided in subdivision 30.13 3. A minnow retailer is not required to obtain a minnow 30.14 retailer's vehicle license if minnows are being transported by 30.15 common carrier and information is provided that allows the 30.16 commissioner to find out the location of the shipment in the 30.17 state. 30.18 Sec. 43. Minnesota Statutes 1998, section 97C.501, 30.19 subdivision 2, is amended to read: 30.20 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 30.21 minnow dealer without a minnow dealer license except as provided 30.22 in subdivision 3. 30.23 (b) A minnow dealer must obtain a minnow dealer's vehicle 30.24 license for each motor vehicle used to transport minnows. The 30.25 serial number, motor vehicle license number, make, and model 30.26 must be on the license. The license must be conspicuously 30.27 displayed in the vehicle. 30.28 (c) A minnow dealer may not transport minnows out of the 30.29 state without an exporting minnow dealer license. A minnow 30.30 dealer must obtain an exporting minnow dealer's vehicle license 30.31 for each motor vehicle used to transport minnows out of the 30.32 state. The serial number, motor vehicle license number, make, 30.33 and model must be on the license. The license must be 30.34 conspicuously displayed in the vehicle. 30.35 (d) A person with a minnow dealer's license may sell 30.36 minnows at one retail outlet. A minnow dealer must obtain a 31.1 minnow retailer license for each additional retail outlet 31.2 operated. A minnow dealer operating a retail outlet under a 31.3 minnow dealer's license must list the following information for 31.4 the retail outlet: name of the business; city; state; zip code; 31.5 and legal description or fire number. The retail outlet name 31.6 and location may be changed by making application to the 31.7 commissioner. 31.8 Sec. 44. Minnesota Statutes 1998, section 97C.605, 31.9 subdivision 1, is amended to read: 31.10 Subdivision 1. [LICENSE REQUIRED.] A person may not take, 31.11 possess, buy, sell,or transport turtles without an angling 31.12 license, except as provided in subdivision 2. 31.13 Sec. 45. Minnesota Statutes 1998, section 97C.605, 31.14 subdivision 2, is amended to read: 31.15 Subd. 2. [SALES LICENSE.] (a) A person may not take, 31.16 possess, transport, or purchase turtles for sale without a 31.17 turtle seller's license, except as provided in this subdivision. 31.18 (b) A person does not need a turtle seller's license is31.19 not required to buy turtles for retail sale to consumersor an 31.20 angling license: 31.21 (1) when buying turtles for resale at a location licensed31.22 by the department of agriculture or health for sale or31.23 preparation of foodretail outlet; 31.24 (2) of a person licensed by the department of agriculture31.25 or health for sale or preparation of food; or31.26 (3) of a personwhen buying a turtle at a retail outlet; or 31.27 (3) if the person is a nonresident buying a turtle from a 31.28 licensed turtle seller for export out of state. Shipping 31.29 documents provided by the turtle seller must accompany each 31.30 shipment exported out of state by a nonresident. Shipping 31.31 documents must include: name, address, city, state, and zip 31.32 code of the buyer; number of each species of turtle; and name 31.33 and license number of the turtle seller. 31.34 Sec. 46. Minnesota Statutes 1999 Supplement, section 31.35 169.1217, subdivision 7a, is amended to read: 31.36 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 32.1 motor vehicle used to commit a designated offense or used in 32.2 conduct resulting in a designated license revocation is subject 32.3 to administrative forfeiture under this subdivision. 32.4 (b) When a motor vehicle is seized under subdivision 2, the 32.5 appropriate agency shall serve the driver or operator of the 32.6 vehicle with a notice of the seizure and intent to forfeit the 32.7 vehicle. Additionally, when a motor vehicle is seized under 32.8 subdivision 2, or within a reasonable time after that, all 32.9 persons known to have an ownership, possessory, or security 32.10 interest in the vehicle must be notified of the seizure and the 32.11 intent to forfeit the vehicle. For those vehicles required to 32.12 be registered under chapter 168, the notification to a person 32.13 known to have a security interest in the vehicle is required 32.14 only if the vehicle is registered under chapter 168 and the 32.15 interest is listed on the vehicle's title. Notice mailed by 32.16 certified mail to the address shown in department of public 32.17 safety records is sufficient notice to the registered owner of 32.18 the vehicle. For motor vehicles not required to be registered 32.19 under chapter 168, notice mailed by certified mail to the 32.20 address shown in the applicable filing or registration for the 32.21 vehicle is sufficient notice to a person known to have an 32.22 ownership, possessory, or security interest in the vehicle. 32.23 Otherwise, notice may be given in the manner provided by law for 32.24 service of a summons in a civil action. 32.25 (c) The notice must be in writing and contain: 32.26 (1) a description of the vehicle seized; 32.27 (2) the date of seizure; and 32.28 (3) notice of the right to obtain judicial review of the 32.29 forfeiture and of the procedure for obtaining that judicial 32.30 review, printed in English, Hmong, and Spanish. Substantially 32.31 the following language must appear conspicuously: "IF YOU DO 32.32 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 32.33 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 32.34 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 32.35 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 32.36 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 33.1 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 33.2 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 33.3 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 33.4 WORTH LESS THAN $500." 33.5 (d) Within 30 days following service of a notice of seizure 33.6 and forfeiture under this subdivision, a claimant may file a 33.7 demand for a judicial determination of the forfeiture. The 33.8 demand must be in the form of a civil complaint and must be 33.9 filed with the court administrator in the county in which the 33.10 seizure occurred, together with proof of service of a copy of 33.11 the complaint on the prosecuting authority having jurisdiction 33.12 over the forfeiture, and the standard filing fee for civil 33.13 actions unless the petitioner has the right to sue in forma 33.14 pauperis under section 563.01. If the value of the seized 33.15 property is $7,500 or less, the claimant may file an action in 33.16 conciliation court for recovery of the seized vehicle. If the 33.17 value of the seized property is less than $500, the claimant 33.18 does not have to pay the conciliation court filing fee. No 33.19 responsive pleading is required of the prosecuting authority and 33.20 no court fees may be charged for the prosecuting authority's 33.21 appearance in the matter. Except as provided in this section, 33.22 judicial reviews and hearings are governed by section 169.123, 33.23 subdivisions 5c and 6, and shall take place at the same time as 33.24 any judicial review of the person's license revocation under 33.25 section 169.123. The proceedings may be combined with any 33.26 hearing on a petition filed under section 169.123, subdivision 33.27 5c, and are governed by the rules of civil procedure. 33.28 (e) The complaint must be captioned in the name of the 33.29 claimant as plaintiff and the seized vehicle as defendant, and 33.30 must state with specificity the grounds on which the claimant 33.31 alleges the vehicle was improperly seized and the plaintiff's 33.32 interest in the vehicle seized. Notwithstanding any law to the 33.33 contrary, an action for the return of a vehicle seized under 33.34 this section may not be maintained by or on behalf of any person 33.35 who has been served with a notice of seizure and forfeiture 33.36 unless the person has complied with this subdivision. 34.1 (f) If the claimant makes a timely demand for a judicial 34.2 determination under this subdivision, the appropriate agency 34.3 must conduct the forfeiture under subdivision 8. 34.4 (g) If a demand for judicial determination of an 34.5 administrative forfeiture is filed under this subdivision and 34.6 the court orders the return of the seized vehicle, the court 34.7 shall order that filing fees be reimbursed to the person who 34.8 filed the demand. In addition, the court may order sanctions 34.9 under section 549.211. 34.10 Sec. 47. Minnesota Statutes 1999 Supplement, section 34.11 290.431, is amended to read: 34.12 290.431 [NONGAME WILDLIFE CHECKOFF.] 34.13 Every individual who files an income tax return or property 34.14 tax refund claim form may designate on their original return 34.15 that $1 or more shall be added to the tax or deducted from the 34.16 refund that would otherwise be payable by or to that individual 34.17 and paid into an account to be established for the management of 34.18 nongame wildlife. The commissioner of revenue shall, on the 34.19 income tax return and the property tax refund claim form, notify 34.20 filers of their right to designate that a portion of their tax 34.21 or refund shall be paid into the nongame wildlife management 34.22 account. The sum of the amounts so designated to be paid shall 34.23 be credited to the nongame wildlife management account for use 34.24 by the nongame program of the section of wildlife in the 34.25 department of natural resources. All interest earned on money 34.26 accrued, gifts to the program, contributions to the program, and 34.27 reimbursements of expenditures in the nongame wildlife 34.28 management account shall be credited to the account by the state 34.29 treasurer, except that gifts or contributions received directly 34.30 by the commissioner of natural resources and directed by the 34.31 contributor for use in specific nongame field projects or 34.32 geographic areas shall be handled according to section 84.085, 34.33 subdivision 1. The commissioner of natural resources shall 34.34 submit a work program for each fiscal year and semiannual 34.35 progress reports to the legislative commission on Minnesota 34.36 resources in the form determined by the commission. None of the 35.1 money provided in this section may be expended unless the 35.2 commission has approved the work program. 35.3 The state pledges and agrees with all contributors to the 35.4 nongame wildlife management account to use the funds contributed 35.5 solely for the management of nongame wildlife projects and 35.6 further agrees that it will not impose additional conditions or 35.7 restrictions that will limit or otherwise restrict the ability 35.8 of the commissioner of natural resources to use the available 35.9 funds for the most efficient and effective management of nongame 35.10 wildlife. 35.11 Sec. 48. Minnesota Statutes 1999 Supplement, section 35.12 290.432, is amended to read: 35.13 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 35.14 A corporation that files an income tax return may designate 35.15 on its original return that $1 or more shall be added to the tax 35.16 or deducted from the refund that would otherwise be payable by 35.17 or to that corporation and paid into the nongame wildlife 35.18 management account established by section 290.431 for use by the 35.19 section of wildlife in the department of natural resources for 35.20 its nongame wildlife program. The commissioner of revenue 35.21 shall, on the corporate tax return, notify filers of their right 35.22 to designate that a portion of their tax return be paid into the 35.23 nongame wildlife management account for the protection of 35.24 endangered natural resources. All interest earned on money 35.25 accrued, gifts to the program, contributions to the program, and 35.26 reimbursements of expenditures in the nongame wildlife 35.27 management account shall be credited to the account by the state 35.28 treasurer, except that gifts or contributions received directly 35.29 by the commissioner of natural resources and directed by the 35.30 contributor for use in specific nongame field projects or 35.31 geographic areas shall be handled according to section 84.085, 35.32 subdivision 1. The commissioner of natural resources shall 35.33 submit a work program for each fiscal year to the legislative 35.34 commission on Minnesota resources in the form determined by the 35.35 commission. None of the money provided in this section may be 35.36 spent unless the commission has approved the work program. 36.1 The state pledges and agrees with all corporate 36.2 contributors to the nongame wildlife account to use the funds 36.3 contributed solely for the nongame wildlife program and further 36.4 agrees that it will not impose additional conditions or 36.5 restrictions that will limit or otherwise restrict the ability 36.6 of the commissioner of natural resources to use the available 36.7 funds for the most efficient and effective management of those 36.8 programs. 36.9 Sec. 49. Minnesota Statutes 1999 Supplement, section 36.10 574.264, subdivision 1, is amended to read: 36.11 Subdivision 1. [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In 36.12 place of a performance or payment bond or bid deposit for a 36.13 state contract for a natural resource development project less 36.14 than $50,000$100,000, the person required to file the bond or 36.15 bid deposit may deposit in a local designated state depository 36.16 or with the state treasurer a certified check, a cashier's 36.17 check, a postal, bank, or express money order, assignable bonds 36.18 or notes of the United States, or an assignment of a bank 36.19 savings account or investment certificate or an irrevocable bank 36.20 letter of credit, in the same amount that would be required for 36.21 the bond or bid deposit. If securities listed in this section 36.22 are deposited, their value shall not be less than the amount 36.23 required for the bond or bid deposit and the person required to 36.24 file the bond or bid deposit shall submit an agreement 36.25 authorizing the commissioner to sell or otherwise take 36.26 possession of the securities in the event of default under the 36.27 contract or nonpayment of any persons furnishing labor and 36.28 materials under, or to perform, the contract. 36.29 Sec. 50. Laws 1999, chapter 231, section 5, subdivision 4, 36.30 is amended to read: 36.31 Subd. 4. Forest Management 36.32 34,670,000 35,175,000 36.33 Summary by Fund 36.34 General 34,207,000 34,701,000 36.35 Natural Resources 463,000 474,000 36.36 $3,599,000 the first year and 37.1 $3,688,000 the second year are for 37.2 presuppression and suppression costs of 37.3 emergency fire fighting and other costs 37.4 incurred under Minnesota Statutes, 37.5 section 88.12, subdivision 2, related 37.6 to search and rescue operations. If 37.7 the appropriation for either year is 37.8 insufficient to cover all costs of 37.9 suppression and search and rescue 37.10 operations, the amount necessary to pay 37.11 for emergency firefightingthese 37.12 expenses during the biennium is 37.13 appropriated from the general fund. If 37.14 money is spent under the appropriation 37.15 in the preceding sentence, the 37.16 commissioner of natural resources 37.17 shall, by 15 days after the end of the 37.18 following quarter, report on how the 37.19 money was spent to the chairs of the 37.20 house of representatives ways and means 37.21 committee, the environment and 37.22 agriculture budget division of the 37.23 senate environment and natural 37.24 resources committee, and the house of 37.25 representatives environment and natural 37.26 resources finance committee. The 37.27 appropriations may not be transferred. 37.28 $722,000 the first year and $724,000 37.29 the second year are for programs and 37.30 practices on state, county, and private 37.31 lands to regenerate and protect 37.32 Minnesota's white pine. Up to $280,000 37.33 of the appropriation in each year may 37.34 be used by the commissioner to provide 37.35 50 percent matching funds to implement 37.36 cultural practices for white pine 37.37 management on nonindustrial, private 37.38 forest lands at rates specified in the 37.39 Minnesota stewardship incentives 37.40 program manual. Up to $150,000 of the 37.41 appropriation in each year may be used 37.42 by the commissioner to provide funds to 37.43 implement cultural practices for white 37.44 pine management on county-administered 37.45 lands through grant agreements with 37.46 individual counties, with priorities 37.47 for areas that experienced wind damage 37.48 in July 1995. $40,000 each year is for 37.49 a study of the natural regeneration 37.50 process of white pine. The remainder 37.51 of the funds in each fiscal year will 37.52 be available to the commissioner for 37.53 white pine regeneration and protection 37.54 on department-administered lands. 37.55 The commissioner may contract with and 37.56 make grants to nonprofit agencies to 37.57 carry out the purposes, plans, and 37.58 programs of the office of youth 37.59 programs, Minnesota conservation corps. 37.60 $61,000 the first year and $62,000 the 37.61 second year are for the focus on 37.62 community forests program, to provide 37.63 communities with natural resources 37.64 technical assistance. 37.65 $225,000 the first year is for grants 37.66 to local community forest ecosystem 37.67 health programs. This appropriation is 38.1 available until June 30, 2001. The 38.2 commissioner of natural resources shall 38.3 allocate individual grants of up to 38.4 $25,000 to local communities that match 38.5 the grants with nonstate money to 38.6 undertake projects that improve the 38.7 health of forest ecosystems, including 38.8 insect and disease suppression 38.9 programs, community-based forest health 38.10 education programs, and other 38.11 arboricultural treatments. 38.12 $100,000 the first year and $100,000 38.13 the second year are an increase in the 38.14 base appropriation for the Minnesota 38.15 conservation corps program activities. 38.16 $500,000 each year is for the 38.17 activities of the forest resources 38.18 council. This is a one-time 38.19 appropriation. 38.20 Sec. 51. [DEVELOPMENT OF SEARCH AND RESCUE OPERATIONS 38.21 CRITERIA.] 38.22 (a) By July 1, 2000, the superintendent of the bureau of 38.23 criminal apprehension and the commissioner of natural resources 38.24 shall develop criteria for determining the types of search and 38.25 rescue operations that may be supported under sections 8 and 50. 38.26 (b) By July 1, 2000, the superintendent and commissioner 38.27 shall report the criteria developed to the chairs and ranking 38.28 minority members of the senate and house committees and 38.29 divisions having jurisdiction over criminal justice and 38.30 environment and natural resources funding. 38.31 Sec. 52. [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.] 38.32 According to Minnesota Statutes, section 103G.265, 38.33 subdivision 3, the legislature approves the granting of a permit 38.34 by the commissioner of natural resources to the city of Grand 38.35 Forks, North Dakota, for consumptive uses of more than 2,000,000 38.36 gallons of water per day average in a 30-day period from the Red 38.37 River of the North for municipal water supply purposes. 38.38 Approval granted under this section is limited and the term of 38.39 the permit shall not exceed January 1, 2005. 38.40 Sec. 53. [REPEALER.] 38.41 Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 38.42 93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 38.43 93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 38.44 93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, 39.1 subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 39.2 93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are 39.3 repealed. 39.4 Sec. 54. [EFFECTIVE DATE.] 39.5 Sections 8 and 50 are effective July 1, 2000. Sections 39 39.6 and 51 are effective the day following final enactment.