HF 3516

1st 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; amending Minnesota Statutes 1998, sections 
  1.18            9.071; 86A.04; 86B.331, subdivision 1; 93.05; 93.055; 
  1.19            93.14; 93.15; 93.16; 93.17; 93.193, subdivision 1; 
  1.20            93.21; 93.22; 93.25, subdivisions 1 and 2; 93.26; 
  1.21            93.27; 93.28; 93.285, subdivisions 2 and 3; 93.335, 
  1.22            subdivision 1; 93.43; 97A.095, by adding a 
  1.23            subdivision; 97A.405, subdivision 3; 97A.475, 
  1.24            subdivision 30; 97C.041; 97C.501, subdivisions 1 and 
  1.25            2; and 97C.605, subdivisions 1 and 2; Minnesota 
  1.26            Statutes 1999 Supplement, sections 84.91, subdivision 
  1.27            1; 97A.065, subdivision 2; 169.1217, subdivision 7a; 
  1.28            290.431; 290.432; and 574.264, subdivision 1; 
  1.29            proposing coding for new law in Minnesota Statutes, 
  1.30            chapters 84; 93; and 97C; repealing Minnesota Statutes 
  1.31            1998, sections 93.07; 93.08; 93.09; 93.10; 93.11; 
  1.32            93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 93.202; 
  1.33            93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 
  1.34            93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 
  1.35            93.34, subdivisions 1 and 3; 93.351; 93.352; 93.353; 
  1.36            93.354; 93.355; 93.356; 93.357; 93.37; 93.38; 93.39; 
  1.37            93.42; and 97B.312. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39     Section 1.  Minnesota Statutes 1998, section 9.071, is 
  1.40  amended to read: 
  1.41     9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 
  2.1      The council has the powers with respect to the: 
  2.2      (1) timberlands provided in sections 90.031, 90.041, and 
  2.3   90.151; 
  2.4      (2) lands acquired from the United States provided in 
  2.5   section 94.50; 
  2.6      (3) lands subject to delinquent drainage assessments 
  2.7   provided in section 84A.20; 
  2.8      (4) transfer of lands between departments of state 
  2.9   government provided in section 15.16; 
  2.10     (5) sale or exchange of lands within national forests 
  2.11  provided in sections 92.30 and 92.31; 
  2.12     (6) approval of acquisition of land for camping or parking 
  2.13  area provided in sections 97A.135 and 97A.141; 
  2.14     (7) modification of iron leases provided in section 93.191; 
  2.15     (8) awarding permits leases to prospect for iron ore 
  2.16  provided in section 93.17; 
  2.17     (9) (8) approval of rules for issuance of permits leases to 
  2.18  prospect for minerals under state lands provided in 
  2.19  section 93.08 93.25; and 
  2.20     (10) (9) construction of dams provided in section 103G.545. 
  2.21     Sec. 2.  [84.0846] [NATURAL RESOURCE SEMINARS AND 
  2.22  CONFERENCES.] 
  2.23     The commissioner of natural resources may advance funds 
  2.24  appropriated for natural resource programs to government 
  2.25  agencies, the National Fish and Wildlife Foundation, federally 
  2.26  recognized Indian tribes and bands, colleges and universities, 
  2.27  and nonprofit organizations deemed by the commissioner to be 
  2.28  dedicated to the goals and objectives of the department for the 
  2.29  purpose of sponsoring or cosponsoring conferences and seminars 
  2.30  related to natural resources issues and management.  The 
  2.31  commissioner shall execute grants or contracts with the 
  2.32  responsible parties under section 16C.05 prior to advancing any 
  2.33  state funds and the agreements must provide for a full 
  2.34  accounting of how the state's funds will be spent. 
  2.35     Sec. 3.  Minnesota Statutes 1999 Supplement, section 84.91, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
  3.2   person having charge or control of any snowmobile or all-terrain 
  3.3   vehicle shall authorize or permit any individual the person 
  3.4   knows or has reason to believe is under the influence of alcohol 
  3.5   or a controlled substance or other substance to operate the 
  3.6   snowmobile or all-terrain vehicle anywhere in this state or on 
  3.7   the ice of any boundary water of this state. 
  3.8      (b) No owner or other person having charge or control of 
  3.9   any snowmobile or all-terrain vehicle shall knowingly authorize 
  3.10  or permit any person, who by reason of any physical or mental 
  3.11  disability is incapable of operating the vehicle, to operate the 
  3.12  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.13  the ice of any boundary water of this state. 
  3.14     (c) A person who operates or is in physical control of a 
  3.15  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.16  the ice of any boundary water of this state is subject to 
  3.17  sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
  3.18  addition to the applicable sanctions under chapter 169, a person 
  3.19  who is convicted of violating section 169.121 or an ordinance in 
  3.20  conformity with it while operating a snowmobile or all-terrain 
  3.21  vehicle, or who refuses to comply with a lawful request to 
  3.22  submit to testing under section 169.123 or an ordinance in 
  3.23  conformity with it, shall be prohibited from operating the 
  3.24  snowmobile or all-terrain vehicle for a period of one year.  The 
  3.25  commissioner shall notify the convicted person of the time 
  3.26  period during which the person is prohibited from operating a 
  3.27  snowmobile or all-terrain vehicle. 
  3.28     (d) Administrative and judicial review of the operating 
  3.29  privileges prohibition is governed by section 97B.066, 
  3.30  subdivisions 7 to 9, if the person does not have a prior 
  3.31  impaired driving conviction or prior license revocation, as 
  3.32  defined in section 169.121, subdivision 3.  Otherwise, 
  3.33  administrative and judicial review of the prohibition is 
  3.34  governed by section 169.123.  
  3.35     (e) The court shall promptly forward to the commissioner 
  3.36  and the department of public safety copies of all convictions 
  4.1   and criminal and civil sanctions imposed under this section and 
  4.2   chapter 169 relating to snowmobiles and all-terrain vehicles.  
  4.3      (f) A person who violates paragraph (a) or (b), or an 
  4.4   ordinance in conformity with either of them, is guilty of a 
  4.5   misdemeanor.  A person who operates a snowmobile or all-terrain 
  4.6   vehicle during the time period the person is prohibited from 
  4.7   operating a vehicle under paragraph (c) is guilty of a 
  4.8   misdemeanor. 
  4.9      Sec. 4.  Minnesota Statutes 1998, section 86A.04, is 
  4.10  amended to read: 
  4.11     86A.04 [COMPOSITION OF SYSTEM.] 
  4.12     The outdoor recreation system shall consist of all state 
  4.13  parks; state recreation areas; state trails established pursuant 
  4.14  to sections 84.029, subdivision 2, and 85.015; state scientific 
  4.15  and natural areas; state wilderness areas; state forests; state 
  4.16  wildlife management areas; state water access sites, which 
  4.17  include all lands and facilities established by the commissioner 
  4.18  of natural resources or the commissioner of transportation to 
  4.19  provide public access to water; state wild, scenic, and 
  4.20  recreational rivers; state historic sites; and state rest areas, 
  4.21  which include all facilities established by the commissioner of 
  4.22  transportation for the safety, rest, comfort and use of the 
  4.23  highway traveler, and shall include all existing facilities 
  4.24  designated as rest areas and waysides by the commissioner of 
  4.25  transportation; and any other units not listed in this section 
  4.26  that are classified under section 86A.05.  Each individual state 
  4.27  park, state recreation area, and so forth is called a "unit." 
  4.28     Sec. 5.  Minnesota Statutes 1998, section 86B.331, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [ACTS PROHIBITED.] (a) An owner or other 
  4.31  person having charge or control of a motorboat may not authorize 
  4.32  or allow an individual the person knows or has reason to believe 
  4.33  is under the influence of alcohol or a controlled or other 
  4.34  substance to operate the motorboat in operation on the waters of 
  4.35  this state. 
  4.36     (b) An owner or other person having charge or control of a 
  5.1   motorboat may not knowingly authorize or allow a person, who by 
  5.2   reason of a physical or mental disability is incapable of 
  5.3   operating the motorboat, to operate the motorboat in operation 
  5.4   on the waters of this state.  
  5.5      (c) A person who operates or is in physical control of a 
  5.6   motorboat on the waters of this state is subject to sections 
  5.7   169.121 to 169.1218 and 169.123 to 169.129.  In addition to the 
  5.8   applicable sanctions under chapter 169, a person who is 
  5.9   convicted of violating section 169.121 or an ordinance in 
  5.10  conformity with it while operating a motorboat, shall be 
  5.11  prohibited from operating the motorboat on the waters of this 
  5.12  state for a period of 90 days between May 1 and October 31, 
  5.13  extending over two consecutive years if necessary.  If the 
  5.14  person operating the motorboat refuses to comply with a lawful 
  5.15  demand to submit to testing under section 169.123 or an 
  5.16  ordinance in conformity with it, the person shall be prohibited 
  5.17  from operating the motorboat for a period of one year.  The 
  5.18  commissioner shall notify the convicted person of the period 
  5.19  during which the person is prohibited from operating a motorboat.
  5.20     (d) Administrative and judicial review of the operating 
  5.21  privileges prohibition is governed by section 97B.066, 
  5.22  subdivision 7 to 9, if the person does not have a prior impaired 
  5.23  driving conviction or prior license revocation, as defined in 
  5.24  section 169.121, subdivision 3.  Otherwise, administrative and 
  5.25  judicial review of the prohibition is governed by section 
  5.26  169.123.  
  5.27     (e) The court shall promptly forward to the commissioner 
  5.28  and the department of public safety copies of all convictions 
  5.29  and criminal and civil sanctions imposed under this section and 
  5.30  chapter 169 relating to motorboats. 
  5.31     (f) A person who violates paragraph (a) or (b), or an 
  5.32  ordinance in conformity with either of them, is guilty of a 
  5.33  misdemeanor. 
  5.34     (g) For purposes of this subdivision, a motorboat "in 
  5.35  operation" does not include a motorboat that is anchored, 
  5.36  beached, or securely fastened to a dock or other permanent 
  6.1   mooring, or a motorboat that is being rowed or propelled by 
  6.2   other than mechanical means. 
  6.3      Sec. 6.  Minnesota Statutes 1998, section 93.05, is amended 
  6.4   to read: 
  6.5      93.05 [HOLDER OF PERMIT OR LEASE.] 
  6.6      Subdivision 1.  [RIGHT OF ENTRY.] In all cases where state 
  6.7   lands have been heretofore or may hereafter be sold pursuant to 
  6.8   the provisions of law upon which minerals have been reserved, 
  6.9   the holder of any mineral permit or lease subsequently issued 
  6.10  thereon may nevertheless enter upon the same lands and prospect 
  6.11  thereon thereunder on the lands under the lease.  
  6.12     Subd. 2.  [SECURITY FOR DAMAGES; CONDEMNATION.] Before 
  6.13  entering upon the same lands described in subdivision 1, the 
  6.14  permit or lease holder shall pay or secure to the owner of the 
  6.15  lands all damages which may arise therefrom and the same may be 
  6.16  determined either by mutual agreement or, if the interested 
  6.17  parties cannot agree, then the holder of the mineral permit or 
  6.18  lease may, in the name of the state of Minnesota, institute 
  6.19  proceedings to condemn the same in accordance with the general 
  6.20  provisions of according to chapter 117; provided, that the state 
  6.21  shall bear no part of the cost of these proceedings, nor pay any 
  6.22  part of the damages awarded therein in the proceedings.  
  6.23     Subd. 3.  [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a) 
  6.24  Upon written request of the holder of any mineral prospecting 
  6.25  permit or mineral lease from the state, not in default, with the 
  6.26  approval of the commissioner of natural resources, the attorney 
  6.27  general shall institute, in the name of the state, proceedings 
  6.28  to acquire by condemnation any lands, rights-of-way, drainage or 
  6.29  flowage rights, easements or other interests necessary in 
  6.30  connection with prospecting for or mining the ore covered by 
  6.31  such permit or the lease.  All costs and expenses of such the 
  6.32  proceedings and all damages awarded therein shall be paid by the 
  6.33  holder of the permit or lease.  
  6.34     (b) In any eminent domain proceedings hereunder under this 
  6.35  section, any value which the land taken may have by reason of 
  6.36  its location or availability for the depositing of stripping, 
  7.1   tailings or other wastes from general mining operations in its 
  7.2   vicinity, or for the erection of buildings or structures thereon 
  7.3   in connection with such operations, shall be considered in 
  7.4   determining the damages to be awarded the owner thereof of the 
  7.5   land.  
  7.6      Sec. 7.  Minnesota Statutes 1998, section 93.055, is 
  7.7   amended to read: 
  7.8      93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL 
  7.9   PERMIT OR LEASE.] 
  7.10     Upon written request of the holder of any mineral 
  7.11  prospecting permit or mineral lease from the state, not in 
  7.12  default, with the approval of the commissioner of natural 
  7.13  resources, the attorney general may institute proceedings to 
  7.14  quiet the title and determine adverse claims or to register the 
  7.15  title of the state to the lands or interests covered by the 
  7.16  permit or lease.  All costs and expenses of such the proceedings 
  7.17  including compensation of attorneys for the state shall be paid 
  7.18  by the holder of the permit or lease.  Upon receipt of such 
  7.19  request from the holder of a prospecting permit, if approved by 
  7.20  the commissioner of natural resources, and if such action is 
  7.21  authorized by the attorney general, the running of the time 
  7.22  within which the permit holder must begin prospecting thereunder 
  7.23  and the time within which the permit holder must apply for a 
  7.24  lease or do any other act required by the permit shall be 
  7.25  suspended until the entry of final judgment in the action, and 
  7.26  the term of the permit and the time required for any action by 
  7.27  the holder thereunder shall be extended by a period equivalent 
  7.28  to the time from the receipt of the request to the entry of the 
  7.29  judgment.  
  7.30     Sec. 8.  Minnesota Statutes 1998, section 93.14, is amended 
  7.31  to read: 
  7.32     93.14 [ISSUANCE OF PERMITS LEASES TO PROSPECT FOR ORES; 
  7.33  LEASES.] 
  7.34     The commissioner may execute permits leases to prospect for 
  7.35  iron ore and other ores upon lands belonging to the state or in 
  7.36  which the state has an interest and leases for the mining of 
  8.1   such the ores, subject to the conditions provided in sections 
  8.2   93.15 to 93.28.  
  8.3      Sec. 9.  Minnesota Statutes 1998, section 93.15, is amended 
  8.4   to read: 
  8.5      93.15 [MINING UNITS; DESIGNATION; AREA.] 
  8.6      Subdivision 1.  [DESIGNATION OF MINING UNITS.] (a) The 
  8.7   commissioner of natural resources may designate any lands 
  8.8   belonging to the state and the beds of any waters belonging to 
  8.9   the state or any lands in which the state has an interest as 
  8.10  mining units and may rearrange or modify such the mining units 
  8.11  from time to time, subject to the limitations herein prescribed 
  8.12  of this section. 
  8.13     (b) No mining unit shall contain lands belonging to more 
  8.14  than one permanent trust fund, except mining units leased under 
  8.15  section 93.25.  
  8.16     (c) Lands which have been sold by the state and are in use 
  8.17  as part of the site of a plant for the production of taconite 
  8.18  concentrates shall not be designated as mining units.  Each 
  8.19  mining unit shall consist of a contiguous tract not exceeding 80 
  8.20  acres in area except as follows: 
  8.21     (1) An area not exceeding 90 acres consisting of or 
  8.22  including one or more government lots or fractional or oversized 
  8.23  subdivisions according to the government survey may be included 
  8.24  in one mining unit.  
  8.25     (2) An area of any size which has been covered by a state 
  8.26  mining lease or contract heretofore issued and heretofore or 
  8.27  hereafter terminated may be included in one mining unit.  
  8.28     (3) An area of any size within the bed of any public waters 
  8.29  belonging to the state may be included in one mining unit.  
  8.30     Subd. 2.  [LIST OF MINING UNITS.] The commissioner shall 
  8.31  prepare and keep on file in the office of the division of lands 
  8.32  and minerals of the department of natural resources and at such 
  8.33  other places as the commissioner may direct a list of the mining 
  8.34  units designated hereunder under this section, giving the 
  8.35  descriptions thereof of the mining units and such other 
  8.36  information as the commissioner deems necessary.  In case the 
  9.1   commissioner shall prescribe special conditions to be included 
  9.2   in a prospecting permit or lease for any mining unit as 
  9.3   authorized by law, a statement of such the conditions shall be 
  9.4   included with the designation of such the unit in the list.  
  9.5      Subd. 3.  [ONE MINING UNIT PER LEASE.] Except as otherwise 
  9.6   expressly provided by law, each prospecting permit or mining 
  9.7   lease shall cover only one entire mining unit designated as 
  9.8   herein provided, and the designation of a mining unit in force 
  9.9   at the time an application for a prospecting permit therefor is 
  9.10  received by the commissioner according to law shall govern and 
  9.11  shall remain unchanged for the purposes of such permit or any 
  9.12  lease issued pursuant thereto under this section.  
  9.13     Sec. 10.  Minnesota Statutes 1998, section 93.16, is 
  9.14  amended to read: 
  9.15     93.16 [PERMITS LEASES; SALE, NOTICE.] 
  9.16     (a) Except as otherwise expressly provided by law, 
  9.17  prospecting permits leases for iron ore or other minerals 
  9.18  belonging to the state shall be issued only upon public sale as 
  9.19  herein provided under this section.  
  9.20     (b) The sale of permits may leases shall be held at such 
  9.21  times and places as designated by the commissioner.  
  9.22     (c) The commissioner shall give public notice of intent to 
  9.23  hold a public sale by publication in the State Register, the EQB 
  9.24  Monitor, and such other publications as the commissioner may 
  9.25  direct at least 90 days prior to the proposed date of sale.  
  9.26     (d) The commissioner shall give public notice of each sale 
  9.27  by publication for three successive weeks in a daily 
  9.28  newspaper that has its known office of issue in the county seat 
  9.29  of the county in which the mining units to be leased are located 
  9.30  and in a daily newspaper printed and published in each of the 
  9.31  cities of St. Paul, Minneapolis, Duluth, Hibbing, and Virginia.  
  9.32  If no newspaper has its known office of issue in the county seat 
  9.33  of a particular county, the commissioner shall publish notice in 
  9.34  the newspaper designated as the publisher of the official 
  9.35  proceedings of the county board of that county.  The last first 
  9.36  publication shall be not less than seven days nor more than at 
 10.1   least 30 days before the date of sale.  Like notice The public 
 10.2   notice of sale shall also be published in the State Register and 
 10.3   the EQB Monitor at least 30 days before the date of sale and may 
 10.4   be published in not to exceed two additional newspapers and two 
 10.5   trade magazines, as the commissioner may direct.  
 10.6      (e) Each notice shall contain the following information: 
 10.7      (1) time and place of holding the sale; 
 10.8      (2) The general requirements of law affecting bidders and 
 10.9   purchasers of permits; 
 10.10     (3) the place or places where the list of mining units, to 
 10.11  be offered for sale will be available for inspection and where 
 10.12  forms for bids and applications for prospecting permits leases 
 10.13  may be obtained; and 
 10.14     (4) (3) such other information as the commissioner may 
 10.15  direct.  
 10.16     Sec. 11.  Minnesota Statutes 1998, section 93.17, is 
 10.17  amended to read: 
 10.18     93.17 [APPLICATION FOR PERMITS LEASES; BIDS; AWARDS.] 
 10.19     Subdivision 1.  [LEASE APPLICATION.] (a) Applications for 
 10.20  permits leases to prospect for iron ore shall be presented to 
 10.21  the commissioner in writing in such form as the commissioner may 
 10.22  prescribe at any time before 4:30 p.m., St. Paul, Minnesota 
 10.23  time, on the last business day before the day specified for the 
 10.24  opening of bids, and no bids submitted after that time shall be 
 10.25  considered.  The application shall be accompanied by a certified 
 10.26  check, cashier's check, or bank money order payable to the state 
 10.27  treasurer department of natural resources in the sum of $50 $100 
 10.28  for each mining unit as set out above.  
 10.29     (b) Each application shall be accompanied also by a sealed 
 10.30  bid setting forth the amount of royalty per gross ton of crude 
 10.31  ore based upon the iron content of the ore when dried at 212 
 10.32  degrees Fahrenheit, in its natural condition or when 
 10.33  concentrated, as set out in detail hereafter section 93.20, 
 10.34  subdivisions 12 to 18, that the applicant proposes to pay to the 
 10.35  state of Minnesota in case the permit lease shall be awarded.  
 10.36     Subd. 2.  [BID REQUIREMENTS.] (a) Whenever a bid on any 
 11.1   mining unit exceeds the minimums prescribed in section 93.20, 
 11.2   the bidder shall offer a uniform amount above the minimums on 
 11.3   all schedules unless the mining unit is expressly excepted from 
 11.4   this requirement by the commissioner of natural resources by so 
 11.5   specifying in the list of lands and mining units.  
 11.6      A separate sealed bid shall be required for each mining 
 11.7   unit as established by the commissioner covered by the 
 11.8   application, and shall be accompanied by a certified check made 
 11.9   payable to the state treasurer in the sum of $200 as a guarantee 
 11.10  that the applicant will carry out and perform in good faith all 
 11.11  the covenants set out in the permit.  
 11.12     (b) The envelope containing each bid shall be plainly 
 11.13  marked on the outside showing the date of application, date 
 11.14  received by the commissioner, and the name of the applicant.  
 11.15  The commissioner shall endorse upon each application and sealed 
 11.16  bid the exact time of presentation and preserve the same 
 11.17  unopened in the commissioner's office.  
 11.18     Subd. 3.  [BID ACCEPTANCE.] (a) At the time and place fixed 
 11.19  for the sale, the commissioner shall publicly announce the 
 11.20  number of applications and bids received.  The commissioner, 
 11.21  together with at least one member of the executive council as 
 11.22  designated by the council, shall then publicly open the bids and 
 11.23  announce the amount of each bid separately.  Thereafter, the 
 11.24  commissioner, together with the executive council, shall award 
 11.25  the permits leases to the highest bidders for the respective 
 11.26  mining units, but no bids shall be accepted that shall do not 
 11.27  equal or exceed the minimum amounts provided for in section 
 11.28  93.20, nor shall any bid be accepted that shall does not comply 
 11.29  with the law and be accompanied by a certified check for the 
 11.30  faithful performance of the terms of each permit as hereinbefore 
 11.31  set out.  The right is reserved to the state to reject any and 
 11.32  all bids.  
 11.33     (b) All applications for permits leases and bids not 
 11.34  accepted at such the sale shall become void at the close of the 
 11.35  sale and the checks payment accompanying the applications and 
 11.36  bids shall be returned to the applicants entitled to them.  
 12.1      (c) Upon the award of a permit lease, the certified check 
 12.2   payment submitted with the application as provided by 
 12.3   subdivision 1, shall be deposited with the state treasurer as a 
 12.4   fee for the permit, to be credited to the same fund as the 
 12.5   rental or royalty from the mining unit affected, and the 
 12.6   certified check submitted with the bid as provided by 
 12.7   subdivision 2, shall be deposited with the state treasurer and 
 12.8   held for further disposition as provided by law lease.  
 12.9      Sec. 12.  [93.1925] [NEGOTIATED LEASES.] 
 12.10     Subdivision 1.  [CONDITIONS REQUIRED.] When the 
 12.11  commissioner finds that the best interests of the state will be 
 12.12  served and the circumstances in clause (1), (2), or (3) exist, 
 12.13  the commissioner, with the approval of the executive council, 
 12.14  may issue an iron ore or taconite iron ore mining lease through 
 12.15  negotiations to an applicant.  A lease may be issued through 
 12.16  negotiations under any of the following circumstances: 
 12.17     (1) the state taconite iron ore is adjacent to taconite 
 12.18  iron ore owned or leased for mining purposes by the applicant 
 12.19  and the commissioner finds that it is impracticable to mine the 
 12.20  state taconite iron ore except in conjunction with the mining of 
 12.21  the adjacent ore; 
 12.22     (2) the lands to be leased are primarily valuable for their 
 12.23  natural iron ore content; or 
 12.24     (3) the state's mineral ownership interest in the lands to 
 12.25  be leased is an undivided fractional interest and the applicant 
 12.26  holds under control a majority of the remaining undivided 
 12.27  fractional mineral interests in the lands to be leased. 
 12.28     Subd. 2.  [APPLICATION.] (a) An application for a 
 12.29  negotiated lease shall be submitted to the commissioner of 
 12.30  natural resources.  The commissioner shall prescribe the 
 12.31  information to be included in the application.  The applicant 
 12.32  shall submit with the application a certified check, cashier's 
 12.33  check, or bank money order, payable to the department of natural 
 12.34  resources in the sum of $100, as a fee for filing the 
 12.35  application.  The application fee shall not be refunded under 
 12.36  any circumstances. 
 13.1      (b) The right is reserved to the state to reject any or all 
 13.2   applications for a negotiated lease. 
 13.3      Subd. 3.  [TERMS.] A lease issued under this section shall 
 13.4   be in the form set forth in section 93.20, with such additional 
 13.5   terms and conditions consistent with the lease as may be agreed 
 13.6   upon.  The rental and royalty rates agreed upon shall be not 
 13.7   less than those prescribed in section 93.20. 
 13.8      Sec. 13.  Minnesota Statutes 1998, section 93.193, 
 13.9   subdivision 1, is amended to read: 
 13.10     Subdivision 1.  [APPLICATION FOR EXTENSION.] Upon written 
 13.11  application by the holder of any mining lease heretofore issued, 
 13.12  or hereafter issued upon a prospecting permit heretofore issued, 
 13.13  which has been or may be designated as a taconite iron ore 
 13.14  mining lease pursuant to Minnesota Statutes 1998, section 93.19 
 13.15  or 93.191, the commissioner of natural resources, with the 
 13.16  approval of the executive council, may extend the term thereof 
 13.17  of the lease for an additional period of 25 years beyond the 
 13.18  term specified therein in the lease, upon the terms and 
 13.19  conditions hereinafter prescribed under this section.  The 
 13.20  additional period of 25 years for which such a the lease is 
 13.21  extended, shall be the extended period as such the term is used 
 13.22  herein in this section.  
 13.23     Sec. 14.  Minnesota Statutes 1998, section 93.21, is 
 13.24  amended to read: 
 13.25     93.21 [EXECUTION OF LEASE.] 
 13.26     The lease provided for in section 93.20 shall be signed by 
 13.27  the commissioner for and in behalf of the state, with the 
 13.28  official seal of the commissioner attached, and shall be signed 
 13.29  by the party of the second part in the presence of two 
 13.30  witnesses, and such the signatures and execution of the same by 
 13.31  the party of the second part shall be duly acknowledged.  
 13.32     Sec. 15.  Minnesota Statutes 1998, section 93.22, is 
 13.33  amended to read: 
 13.34     93.22 [DISPOSAL OF MONEYS RECEIVED DISPOSITION OF 
 13.35  PAYMENTS.] 
 13.36     (a) All payments under sections 93.14 to 93.28 93.285 shall 
 14.1   be made to the state treasurer on the order of the commissioner 
 14.2   of finance, or the commissioner, as the case may be, department 
 14.3   of natural resources and shall be credited to the permanent fund 
 14.4   of the class of land to which the demised premises belong and in 
 14.5   case the land shall not belong to any class of land having a 
 14.6   permanent fund then all payments shall be credited to such fund 
 14.7   as the legislature shall by law direct. as follows: 
 14.8      (1) if the lands or minerals and mineral rights covered by 
 14.9   a lease are held by the state by virtue of an act of Congress, 
 14.10  payments made under the lease shall be credited to the permanent 
 14.11  fund of the class of land to which the leased premises belong; 
 14.12     (2) if a lease covers the bed of navigable waters, payments 
 14.13  made under the lease shall be credited to the permanent school 
 14.14  fund of the state; and 
 14.15     (3) if the lands or minerals and mineral rights covered by 
 14.16  a lease are held by the state in trust for the taxing districts, 
 14.17  payments made under the lease shall be distributed annually on 
 14.18  the first day of September as follows: 
 14.19     (i) 20 percent to the general fund; and 
 14.20     (ii) 80 percent to the respective counties in which the 
 14.21  lands lie, to be apportioned among the taxing districts 
 14.22  interested therein as follows:  county, three-ninths; town or 
 14.23  city, two-ninths; and school district, four-ninths. 
 14.24     (b) Except as provided under paragraph (a) and except where 
 14.25  the disposition of payments may be otherwise directed by law, 
 14.26  all payments shall be paid into the general fund of the state. 
 14.27     Sec. 16.  [93.245] [MINING OF MINERALS OTHER THAN IRON 
 14.28  ORE.] 
 14.29     (a) If a mineral other than iron ore or taconite ore is 
 14.30  found on or in a mining unit covered by a state iron ore or 
 14.31  taconite iron ore mining lease, the state lessee may apply to 
 14.32  the commissioner of natural resources for a negotiated lease to 
 14.33  explore for, mine, and remove the mineral.  The terms and 
 14.34  conditions under which the mineral may be mined or products 
 14.35  recovered shall be as agreed upon by the commissioner and the 
 14.36  state lessee.  A mineral lease for ores other than iron ore or 
 15.1   taconite iron ore must comply with section 93.25 and rules 
 15.2   adopted thereunder. 
 15.3      (b) The right is reserved to the state to reject any or all 
 15.4   applications for a negotiated lease under paragraph (a).  The 
 15.5   state may lease, under section 93.25 and rules adopted 
 15.6   thereunder, any minerals other than iron ore or taconite iron 
 15.7   ore on or in a mining unit covered by a state iron ore or 
 15.8   taconite iron ore mining lease. 
 15.9      Sec. 17.  Minnesota Statutes 1998, section 93.25, 
 15.10  subdivision 1, is amended to read: 
 15.11     Subdivision 1.  [LEASES.] The commissioner may issue leases 
 15.12  to prospect for, mine, and remove minerals other than iron ore 
 15.13  upon any lands owned by the state, including trust fund lands, 
 15.14  lands forfeited for nonpayment of taxes whether held in trust or 
 15.15  otherwise, and lands otherwise acquired, and the beds of any 
 15.16  waters belonging to the state.  For purposes of this section, 
 15.17  iron ore means iron-bearing material where the primary product 
 15.18  is iron metal.  
 15.19     Sec. 18.  Minnesota Statutes 1998, section 93.25, 
 15.20  subdivision 2, is amended to read: 
 15.21     Subd. 2.  [LEASE REQUIREMENTS.] All leases for nonferrous 
 15.22  metallic minerals or petroleum must be approved by the executive 
 15.23  council, and any other mineral lease issued pursuant to this 
 15.24  section that covers 160 or more acres must be approved by the 
 15.25  executive council.  The rents, royalties, terms, conditions, and 
 15.26  covenants of all such leases shall be fixed by the commissioner 
 15.27  pursuant to such according to rules as may be prescribed adopted 
 15.28  by the commissioner, but no lease shall be for a longer term 
 15.29  than 50 years, and all such rents, royalties, terms, conditions, 
 15.30  and covenants shall be fully set forth in each lease thus issued 
 15.31  and.  The rents and royalties therein provided for shall be 
 15.32  credited to the funds as provided in section 93.22 or 93.335, 
 15.33  subdivision 4, as amended.  
 15.34     Sec. 19.  Minnesota Statutes 1998, section 93.26, is 
 15.35  amended to read: 
 15.36     93.26 [PERMITS AND LEASES TO BE RECORDED FILED.] 
 16.1      All permits and leases, with the names and post office 
 16.2   addresses of all parties in interest, issued by the commissioner 
 16.3   under authority of sections 93.14 to 93.28 93.285, before 
 16.4   delivery shall be duly recorded at length in the record books to 
 16.5   be provided and kept filed for record in the commissioner's 
 16.6   office for that purpose and.  A certificate of such record 
 16.7   filing showing the date of record, the book and page 
 16.8   thereof, filing shall be endorsed on each such permit or lease. 
 16.9      Sec. 20.  Minnesota Statutes 1998, section 93.27, is 
 16.10  amended to read: 
 16.11     93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING 
 16.12  PERMITS OR LEASES; RECORDS FILING.] 
 16.13     All assignments, agreements, or contracts, underlying, 
 16.14  overriding, or operating agreements affecting any such permit or 
 16.15  a lease shall be made in writing and signed by both parties 
 16.16  thereto, witnessed by two witnesses, and properly acknowledged 
 16.17  and contain the post office addresses of all parties having an 
 16.18  interest; and when so executed presented in triplicate to the 
 16.19  commissioner for filing of record.  The commissioner shall then 
 16.20  record such assignments, agreements, or contracts, underlying, 
 16.21  overriding, or operating agreements at length in record books 
 16.22  kept and provided for that purpose in the commissioner's office 
 16.23  and A certificate of such record filing showing the date thereof 
 16.24  and the book and page of filing shall be endorsed on the the 
 16.25  assignments, agreements, contracts, underlying, overriding, or 
 16.26  operating agreements, a copy of which then shall be returned to 
 16.27  the party entitled thereto.  
 16.28     Sec. 21.  Minnesota Statutes 1998, section 93.28, is 
 16.29  amended to read: 
 16.30     93.28 [APPROVAL OF INSTRUMENTS; FEES.] 
 16.31     All instruments by virtue of which the title to any permit 
 16.32  or a lease herein provided for is in any way affected shall 
 16.33  receive, as to form and execution, the approval of the 
 16.34  commissioner, which approval shall be endorsed thereon, and the 
 16.35  instrument when so approved shall be duly recorded filed as 
 16.36  provided in section 93.27.  For recording any assignment or 
 17.1   other instrument affecting the title to any permit or lease or 
 17.2   for furnishing certified copies of the records, the commissioner 
 17.3   may charge a fee of ten cents per folio.  All such fees shall be 
 17.4   turned into the state treasury.  
 17.5      Sec. 22.  Minnesota Statutes 1998, section 93.285, 
 17.6   subdivision 2, is amended to read: 
 17.7      Subd. 2.  [INCLUSION IN MINING UNIT.] In case any 
 17.8   stockpiled iron ore is situated on land designated or suitable 
 17.9   for designation as a mining unit under section 93.15, such the 
 17.10  stockpiled ore may, in the discretion of the commissioner of 
 17.11  natural resources, be included in such the unit by inserting a 
 17.12  description of such the ore in the designation of the unit.  
 17.13  Otherwise such the ore shall not be considered as included 
 17.14  in such the unit.  Upon the inclusion of such the ore in such 
 17.15  the unit, it shall be subject to all provisions of law relating 
 17.16  to the sale, issuance, terms, and conditions of a prospecting 
 17.17  permit and lease covering such the unit and other matters 
 17.18  pertaining thereto, so far as applicable, except as hereinafter 
 17.19  provided.  
 17.20     Sec. 23.  Minnesota Statutes 1998, section 93.285, 
 17.21  subdivision 3, is amended to read: 
 17.22     Subd. 3.  [STOCKPILE MINING UNIT.] (a) Any stockpiled iron 
 17.23  ore, wherever situated, may, in the discretion of the 
 17.24  commissioner of natural resources, be designated as a stockpile 
 17.25  mining unit for disposal separately from ore in the ground, such 
 17.26  designation to be made in accordance with the provisions of 
 17.27  according to section 93.15, so far as applicable.  Thereupon 
 17.28  such stockpile mining unit shall be subject to all provisions of 
 17.29  law relating to the sale, issuance, terms, and conditions of 
 17.30  prospecting permits and leases covering mining units designated 
 17.31  under such section 93.15 and other matters pertaining thereto, 
 17.32  except as hereinafter provided.  Upon application of the holder 
 17.33  of a prospecting permit for such a stockpile mining unit, the 
 17.34  commissioner of natural resources may, for good cause shown, 
 17.35  extend the time for beginning the work of prospecting under the 
 17.36  permit to not exceeding six months from the date of the permit.  
 18.1      (b) The commissioner may lease the mining unit at public or 
 18.2   private sale for an amount and under terms and conditions 
 18.3   prescribed by the commissioner.  The lease term may not exceed 
 18.4   25 years.  The amount payable for stockpiled iron ore material 
 18.5   shall be at least equivalent to the minimum royalty that would 
 18.6   be payable under section 93.20. 
 18.7      Sec. 24.  Minnesota Statutes 1998, section 93.335, 
 18.8   subdivision 1, is amended to read: 
 18.9      Subdivision 1.  [LAND GROUPED INTO MINING UNITS; LEASES 
 18.10  LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND 
 18.11  CONDITIONS.] Lands or minerals and mineral rights, including 
 18.12  fractional undivided interests therein, becoming the absolute 
 18.13  property of the state under the tax laws, may be grouped into 
 18.14  mining units, permits to prospect for iron ore thereon shall be 
 18.15  awarded, and Mining leases thereon issued as provided by 
 18.16  sections 93.14 to 93.33, and, except as otherwise specifically 
 18.17  provided herein under this section, shall be subject to all the 
 18.18  terms, conditions, and provisions of such sections shall be 
 18.19  applicable thereto 93.14 to 93.33, regardless of whether or 
 18.20  not such the lands or minerals and mineral rights are held in 
 18.21  trust for taxing districts.  Leases issued hereunder shall be in 
 18.22  the form provided by law, with only such changes as the 
 18.23  commissioner of natural resources shall find necessary to 
 18.24  indicate the specific interest covered by the lease and the 
 18.25  proportion of the stipulated royalty or rental payable under 
 18.26  subdivision 2 or otherwise to conform with the provisions 
 18.27  hereof.  In case the state owns such a fractional undivided 
 18.28  interest and the remaining undivided interest in the property is 
 18.29  owned or held under lease for mining purposes by another, the 
 18.30  commissioner of natural resources, with the approval of the 
 18.31  executive council, upon application of such owner or lessee, 
 18.32  without public sale and without prior issuance of a prospecting 
 18.33  permit, may enter into a mining lease with such owner or lessee 
 18.34  covering the state's interest under the following terms and 
 18.35  conditions: 
 18.36     (1) The application shall be in such form and shall contain 
 19.1   such information as the commissioner shall prescribe; 
 19.2      (2) Where any of the ore to be mined under such lease lies 
 19.3   within the bed of a public lake or stream, the lessee shall 
 19.4   obtain an appropriate permit from the commissioner, pursuant to 
 19.5   applicable laws; 
 19.6      (3) The lease shall be in the form herein prescribed, 
 19.7   except that it may provide for the payment of rental and royalty 
 19.8   at such rates as may be agreed upon between the parties and may 
 19.9   contain such additional appropriate provisions, not inconsistent 
 19.10  with law, as may be agreed upon in furtherance of the mutual 
 19.11  interests of the parties; provided, that the rental and royalty 
 19.12  rates for iron ore shall not be less than the applicable minimum 
 19.13  rates prescribed in section 93.20.  
 19.14     Sec. 25.  Minnesota Statutes 1998, section 93.43, is 
 19.15  amended to read: 
 19.16     93.43 [PERMITS, LICENSES, AND LEASES TO COPPER, 
 19.17  COPPER-NICKEL OR NICKEL NONFERROUS METALLIC MINERALS PRODUCERS.] 
 19.18     (a) The business of mining, producing, or beneficiating 
 19.19  copper, copper-nickel or nickel nonferrous metallic minerals is 
 19.20  declared to be in the public interest and necessary to the 
 19.21  public welfare, and the use of property therefor is declared to 
 19.22  be a public use and purpose.  
 19.23     (b) The commissioner of natural resources is authorized to 
 19.24  grant permits or, licenses, or leases on and across lands owned 
 19.25  by the state to any corporation or association engaged in the 
 19.26  business of or preparing to engage in the business of mining, 
 19.27  producing, or beneficiating copper, copper-nickel or 
 19.28  nickel nonferrous metallic minerals for pipe lines, pole lines, 
 19.29  conduits, sluiceways, roads, railroads, tramways, or flowage, 
 19.30  and to lease any lands owned by the state to any such 
 19.31  corporation or association for the depositing of stripping, lean 
 19.32  ores, tailings, or waste products of such business.  
 19.33     (c) The commissioner of natural resources is also 
 19.34  authorized to license the flooding of state lands in connection 
 19.35  with any permit or authorization for the use of public waters 
 19.36  issued by the legislature or by the commissioner pursuant to 
 20.1   law.  Such The permits, licenses, and leases shall be upon such 
 20.2   the conditions and, for such the consideration, and for 
 20.3   such the period of time as the commissioner may determine.  
 20.4      (d) The county auditor, with the approval of the county 
 20.5   board, is authorized to grant permits, licenses, or leases for 
 20.6   all such purposes of or across tax-forfeited lands held by the 
 20.7   state in trust for any and all taxing districts, upon such the 
 20.8   conditions and, for such the considerations, and for such 
 20.9   the period of time as the county board may determine.  Any 
 20.10  proceeds from the granting of such the permits, licenses, or 
 20.11  leases by the county auditor shall be apportioned and 
 20.12  distributed as other proceeds from the sale or rental of tax- 
 20.13  forfeited lands.  
 20.14     Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 20.15  97A.065, subdivision 2, is amended to read: 
 20.16     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 20.17  forfeited bail collected from prosecutions of violations of:  
 20.18  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
 20.19  to 84.91; section 169.121, when the violation involved an 
 20.20  off-road recreational vehicle as defined in section 169.01, 
 20.21  subdivision 86; chapter 348; and any other law relating to wild 
 20.22  animals or aquatic vegetation, must be paid to the treasurer of 
 20.23  the county where the violation is prosecuted.  The county 
 20.24  treasurer shall submit one-half of the receipts to the 
 20.25  commissioner and credit the balance to the county general 
 20.26  revenue fund except as provided in paragraphs (b), (c), and 
 20.27  (d).  In a county in a judicial district under section 480.181, 
 20.28  subdivision 1, paragraph (b), as added in Laws 1999, chapter 
 20.29  216, article 7, section 26, the share that would otherwise go to 
 20.30  the county under this paragraph must be submitted to the state 
 20.31  treasurer for deposit in the state treasury and credited to the 
 20.32  general fund. 
 20.33     (b) The commissioner must reimburse a county, from the game 
 20.34  and fish fund, for the cost of keeping prisoners prosecuted for 
 20.35  violations under this section if the county board, by 
 20.36  resolution, directs:  (1) the county treasurer to submit all 
 21.1   fines and forfeited bail to the commissioner; and (2) the county 
 21.2   auditor to certify and submit monthly itemized statements to the 
 21.3   commissioner.  
 21.4      (c) The county treasurer shall submit one-half of the 
 21.5   receipts collected under paragraph (a) from prosecutions of 
 21.6   violations of sections 84.81 to 84.91, and 169.121, except 
 21.7   receipts that are surcharges imposed under section 357.021, 
 21.8   subdivision 6, to the state treasurer commissioner and credit 
 21.9   the balance to the county general fund.  The state treasurer 
 21.10  commissioner shall credit these receipts to the snowmobile 
 21.11  trails and enforcement account in the natural resources fund. 
 21.12     (d) The county treasurer shall indicate the amount of the 
 21.13  receipts that are surcharges imposed under section 357.021, 
 21.14  subdivision 6, and shall submit all of those receipts to the 
 21.15  state treasurer. 
 21.16     Sec. 27.  Minnesota Statutes 1998, section 97A.095, is 
 21.17  amended by adding a subdivision to read: 
 21.18     Subd. 4.  [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land 
 21.19  described in Laws 1999, chapter 81, section 2, is designated 
 21.20  Swan Lake migratory waterfowl refuge under subdivision 1. 
 21.21     Sec. 28.  Minnesota Statutes 1998, section 97A.405, 
 21.22  subdivision 3, is amended to read: 
 21.23     Subd. 3.  [DUPLICATE LICENSES.] The commissioner shall 
 21.24  prescribe rules for issuing duplicate licenses to persons whose 
 21.25  licenses are lost or destroyed and for firearms deer hunters who 
 21.26  wish to change zone or season options prior to the start of the 
 21.27  regular firearms season.  A duplicate license may not be issued 
 21.28  unless the applicant takes an oath covering the facts of loss or 
 21.29  destruction of the license or submits the original firearms deer 
 21.30  license that is being exchanged.  
 21.31     Sec. 29.  Minnesota Statutes 1998, section 97A.475, 
 21.32  subdivision 30, is amended to read: 
 21.33     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
 21.34  commercial fish are: 
 21.35     (1) commercial license fees: 
 21.36     (i) for residents and nonresidents seining and netting in 
 22.1   inland waters, $90; 
 22.2      (ii) for residents netting in Lake Superior, $50; 
 22.3      (iii) for residents netting in Lake of the Woods, Rainy, 
 22.4   Namakan, and Sand Point lakes, $50; 
 22.5      (iv) for residents seining in the Mississippi River from St.
 22.6   Anthony Falls to the St. Croix River junction, $50; 
 22.7      (v) for residents seining, netting, and set lining in 
 22.8   Wisconsin boundary waters from Lake St. Croix to the Iowa 
 22.9   border, $50; and 
 22.10     (vi) for a resident apprentice license, $25; and 
 22.11     (2) commercial gear fees: 
 22.12     (i) for each gill net in Lake Superior, Wisconsin boundary 
 22.13  waters, and Namakan Lake, $3.50 per 100 feet of net; 
 22.14     (ii) for each seine in inland waters, on the Mississippi 
 22.15  River as described in section 97C.801, subdivision 2, and in 
 22.16  Wisconsin boundary waters, $7 per 100 feet; 
 22.17     (iii) for each commercial hoop net in inland waters, $1.25; 
 22.18     (iv) for each submerged fyke, trap, and hoop net in Lake 
 22.19  Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
 22.20  Namakan, and Sand Point lakes, and for each pound net in Lake 
 22.21  Superior, $15; 
 22.22     (v) for each stake and pound net in Lake of the Woods, $60; 
 22.23  and 
 22.24     (vi) for each set line in the Wisconsin boundary waters, 
 22.25  $20; and 
 22.26     (vii) for each trawl used in Lake Superior, $50.  
 22.27     Sec. 30.  [97C.02] [ACQUISITION OF CRITICAL AQUATIC 
 22.28  HABITAT.] 
 22.29     The commissioner shall acquire lands that are critical for 
 22.30  fish and other aquatic life and that meet criteria described for 
 22.31  aquatic management areas in section 86A.05, subdivision 14.  The 
 22.32  lands that are acquired may be developed to manage lakes, 
 22.33  rivers, streams, and adjacent wetlands and lands for aquatic 
 22.34  life, water quality, intrinsic biological value, public fishing, 
 22.35  and other compatible outdoor recreational uses.  The land may be 
 22.36  acquired by gift, lease, easement, or purchase.  The 
 23.1   commissioner shall designate land acquired under this 
 23.2   subdivision as aquatic management areas for the purposes of the 
 23.3   outdoor recreation system. 
 23.4      Sec. 31.  Minnesota Statutes 1998, section 97C.041, is 
 23.5   amended to read: 
 23.6      97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.] 
 23.7      The commissioner may take rough fish, lake whitefish, and 
 23.8   rainbow smelt with seines, nets, and other devices.  The 
 23.9   commissioner may also take catfish with seines, nets, and other 
 23.10  devices on the Minnesota-Wisconsin boundary waters.  The 
 23.11  commissioner may hire or contract persons, or issue permits, to 
 23.12  take the fish.  The commissioner shall prescribe the manner of 
 23.13  taking and disposal.  The commissioner may award a contract 
 23.14  under this section without competitive bidding.  Before 
 23.15  establishing the contractor's compensation, the commissioner 
 23.16  must consider the qualifications of the contractor, including 
 23.17  the contractor's equipment, knowledge of the waters, and ability 
 23.18  to perform the work.  
 23.19     Sec. 32.  Minnesota Statutes 1998, section 97C.501, 
 23.20  subdivision 1, is amended to read: 
 23.21     Subdivision 1.  [MINNOW RETAILERS.] (a) A person may not be 
 23.22  a minnow retailer without a minnow retailer license except as 
 23.23  provided in subdivision subdivisions 2, paragraph (d), and 3.  A 
 23.24  person must purchase a minnow retailer license for each minnow 
 23.25  retail outlet operated, except as provided by subdivision 2, 
 23.26  paragraph (d).  
 23.27     (b) A minnow retailer must obtain a minnow retailer's 
 23.28  vehicle license for each motor vehicle used by the minnow 
 23.29  retailer to transport more than 12 dozen minnows to the minnow 
 23.30  retailer's place of business, except as provided in subdivision 
 23.31  3.  A minnow retailer is not required to obtain a minnow 
 23.32  retailer's vehicle license if minnows are being transported by 
 23.33  common carrier and information is provided that allows the 
 23.34  commissioner to find out the location of the shipment in the 
 23.35  state. 
 23.36     Sec. 33.  Minnesota Statutes 1998, section 97C.501, 
 24.1   subdivision 2, is amended to read: 
 24.2      Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
 24.3   minnow dealer without a minnow dealer license except as provided 
 24.4   in subdivision 3. 
 24.5      (b) A minnow dealer must obtain a minnow dealer's vehicle 
 24.6   license for each motor vehicle used to transport minnows.  The 
 24.7   serial number, motor vehicle license number, make, and model 
 24.8   must be on the license.  The license must be conspicuously 
 24.9   displayed in the vehicle.  
 24.10     (c) A minnow dealer may not transport minnows out of the 
 24.11  state without an exporting minnow dealer license.  A minnow 
 24.12  dealer must obtain an exporting minnow dealer's vehicle license 
 24.13  for each motor vehicle used to transport minnows out of the 
 24.14  state.  The serial number, motor vehicle license number, make, 
 24.15  and model must be on the license.  The license must be 
 24.16  conspicuously displayed in the vehicle.  
 24.17     (d) A person with a minnow dealer's license may sell 
 24.18  minnows at one retail outlet.  A minnow dealer must obtain a 
 24.19  minnow retailer license for each additional retail outlet 
 24.20  operated.  A minnow dealer operating a retail outlet under a 
 24.21  minnow dealer's license must list the following information for 
 24.22  the retail outlet:  name of the business; city; state; zip code; 
 24.23  and legal description or fire number.  The retail outlet name 
 24.24  and location may be changed by making application to the 
 24.25  commissioner. 
 24.26     Sec. 34.  Minnesota Statutes 1998, section 97C.605, 
 24.27  subdivision 1, is amended to read: 
 24.28     Subdivision 1.  [LICENSE REQUIRED.] A person may not take, 
 24.29  possess, buy, sell, or transport turtles without an angling 
 24.30  license, except as provided in subdivision 2.  
 24.31     Sec. 35.  Minnesota Statutes 1998, section 97C.605, 
 24.32  subdivision 2, is amended to read: 
 24.33     Subd. 2.  [SALES LICENSE.] (a) A person may not take, 
 24.34  possess, transport, or purchase turtles for sale without a 
 24.35  turtle seller's license, except as provided in this subdivision. 
 24.36     (b)  A person does not need a turtle seller's license is 
 25.1   not required to buy turtles for retail sale to consumers or an 
 25.2   angling license: 
 25.3      (1) when buying turtles for resale at a location licensed 
 25.4   by the department of agriculture or health for sale or 
 25.5   preparation of food retail outlet; 
 25.6      (2) of a person licensed by the department of agriculture 
 25.7   or health for sale or preparation of food; or 
 25.8      (3) of a person when buying a turtle at a retail outlet; or 
 25.9      (3) if the person is a nonresident buying a turtle from a 
 25.10  licensed turtle seller for export out of state.  Shipping 
 25.11  documents provided by the turtle seller must accompany each 
 25.12  shipment exported out of state by a nonresident.  Shipping 
 25.13  documents must include:  name, address, city, state, and zip 
 25.14  code of the buyer; number of each species of turtle; and name 
 25.15  and license number of the turtle seller.  
 25.16     Sec. 36.  Minnesota Statutes 1999 Supplement, section 
 25.17  169.1217, subdivision 7a, is amended to read: 
 25.18     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 25.19  motor vehicle used to commit a designated offense or used in 
 25.20  conduct resulting in a designated license revocation is subject 
 25.21  to administrative forfeiture under this subdivision. 
 25.22     (b) When a motor vehicle is seized under subdivision 2, the 
 25.23  appropriate agency shall serve the driver or operator of the 
 25.24  vehicle with a notice of the seizure and intent to forfeit the 
 25.25  vehicle.  Additionally, when a motor vehicle is seized under 
 25.26  subdivision 2, or within a reasonable time after that, all 
 25.27  persons known to have an ownership, possessory, or security 
 25.28  interest in the vehicle must be notified of the seizure and the 
 25.29  intent to forfeit the vehicle.  For those vehicles required to 
 25.30  be registered under chapter 168, the notification to a person 
 25.31  known to have a security interest in the vehicle is required 
 25.32  only if the vehicle is registered under chapter 168 and the 
 25.33  interest is listed on the vehicle's title.  Notice mailed by 
 25.34  certified mail to the address shown in department of public 
 25.35  safety records is sufficient notice to the registered owner of 
 25.36  the vehicle.  Otherwise, notice may be given in the manner 
 26.1   provided by law for service of a summons in a civil action. 
 26.2      (c) The notice must be in writing and contain:  
 26.3      (1) a description of the vehicle seized; 
 26.4      (2) the date of seizure; and 
 26.5      (3) notice of the right to obtain judicial review of the 
 26.6   forfeiture and of the procedure for obtaining that judicial 
 26.7   review, printed in English, Hmong, and Spanish.  Substantially 
 26.8   the following language must appear conspicuously:  "IF YOU DO 
 26.9   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 26.10  STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 26.11  TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 26.12  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 26.13  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 26.14  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
 26.15  LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
 26.16  HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
 26.17  WORTH LESS THAN $500." 
 26.18     (d) Within 30 days following service of a notice of seizure 
 26.19  and forfeiture under this subdivision, a claimant may file a 
 26.20  demand for a judicial determination of the forfeiture.  The 
 26.21  demand must be in the form of a civil complaint and must be 
 26.22  filed with the court administrator in the county in which the 
 26.23  seizure occurred, together with proof of service of a copy of 
 26.24  the complaint on the prosecuting authority having jurisdiction 
 26.25  over the forfeiture, and the standard filing fee for civil 
 26.26  actions unless the petitioner has the right to sue in forma 
 26.27  pauperis under section 563.01.  If the value of the seized 
 26.28  property is $7,500 or less, the claimant may file an action in 
 26.29  conciliation court for recovery of the seized vehicle.  If the 
 26.30  value of the seized property is less than $500, the claimant 
 26.31  does not have to pay the conciliation court filing fee.  No 
 26.32  responsive pleading is required of the prosecuting authority and 
 26.33  no court fees may be charged for the prosecuting authority's 
 26.34  appearance in the matter.  Except as provided in this section, 
 26.35  judicial reviews and hearings are governed by section 169.123, 
 26.36  subdivisions 5c and 6, and shall take place at the same time as 
 27.1   any judicial review of the person's license revocation under 
 27.2   section 169.123.  The proceedings may be combined with any 
 27.3   hearing on a petition filed under section 169.123, subdivision 
 27.4   5c, and are governed by the rules of civil procedure.  
 27.5      (e) The complaint must be captioned in the name of the 
 27.6   claimant as plaintiff and the seized vehicle as defendant, and 
 27.7   must state with specificity the grounds on which the claimant 
 27.8   alleges the vehicle was improperly seized and the plaintiff's 
 27.9   interest in the vehicle seized.  Notwithstanding any law to the 
 27.10  contrary, an action for the return of a vehicle seized under 
 27.11  this section may not be maintained by or on behalf of any person 
 27.12  who has been served with a notice of seizure and forfeiture 
 27.13  unless the person has complied with this subdivision. 
 27.14     (f) If the claimant makes a timely demand for a judicial 
 27.15  determination under this subdivision, the appropriate agency 
 27.16  must conduct the forfeiture under subdivision 8.  
 27.17     (g) If a demand for judicial determination of an 
 27.18  administrative forfeiture is filed under this subdivision and 
 27.19  the court orders the return of the seized vehicle, the court 
 27.20  shall order that filing fees be reimbursed to the person who 
 27.21  filed the demand.  In addition, the court may order sanctions 
 27.22  under section 549.211.  
 27.23     Sec. 37.  Minnesota Statutes 1999 Supplement, section 
 27.24  290.431, is amended to read: 
 27.25     290.431 [NONGAME WILDLIFE CHECKOFF.] 
 27.26     Every individual who files an income tax return or property 
 27.27  tax refund claim form may designate on their original return 
 27.28  that $1 or more shall be added to the tax or deducted from the 
 27.29  refund that would otherwise be payable by or to that individual 
 27.30  and paid into an account to be established for the management of 
 27.31  nongame wildlife.  The commissioner of revenue shall, on the 
 27.32  income tax return and the property tax refund claim form, notify 
 27.33  filers of their right to designate that a portion of their tax 
 27.34  or refund shall be paid into the nongame wildlife management 
 27.35  account.  The sum of the amounts so designated to be paid shall 
 27.36  be credited to the nongame wildlife management account for use 
 28.1   by the nongame program of the section of wildlife in the 
 28.2   department of natural resources.  All interest earned on money 
 28.3   accrued, gifts to the program, contributions to the program, and 
 28.4   reimbursements of expenditures in the nongame wildlife 
 28.5   management account shall be credited to the account by the state 
 28.6   treasurer, except that gifts or contributions received directly 
 28.7   by the commissioner of natural resources and directed by the 
 28.8   contributor for use in specific nongame field projects or 
 28.9   geographic areas shall be handled according to section 84.085, 
 28.10  subdivision 1.  The commissioner of natural resources shall 
 28.11  submit a work program for each fiscal year and semiannual 
 28.12  progress reports to the legislative commission on Minnesota 
 28.13  resources in the form determined by the commission.  None of the 
 28.14  money provided in this section may be expended unless the 
 28.15  commission has approved the work program.  
 28.16     The state pledges and agrees with all contributors to the 
 28.17  nongame wildlife management account to use the funds contributed 
 28.18  solely for the management of nongame wildlife projects and 
 28.19  further agrees that it will not impose additional conditions or 
 28.20  restrictions that will limit or otherwise restrict the ability 
 28.21  of the commissioner of natural resources to use the available 
 28.22  funds for the most efficient and effective management of nongame 
 28.23  wildlife. 
 28.24     Sec. 38.  Minnesota Statutes 1999 Supplement, section 
 28.25  290.432, is amended to read: 
 28.26     290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 
 28.27     A corporation that files an income tax return may designate 
 28.28  on its original return that $1 or more shall be added to the tax 
 28.29  or deducted from the refund that would otherwise be payable by 
 28.30  or to that corporation and paid into the nongame wildlife 
 28.31  management account established by section 290.431 for use by the 
 28.32  section of wildlife in the department of natural resources for 
 28.33  its nongame wildlife program.  The commissioner of revenue 
 28.34  shall, on the corporate tax return, notify filers of their right 
 28.35  to designate that a portion of their tax return be paid into the 
 28.36  nongame wildlife management account for the protection of 
 29.1   endangered natural resources.  All interest earned on money 
 29.2   accrued, gifts to the program, contributions to the program, and 
 29.3   reimbursements of expenditures in the nongame wildlife 
 29.4   management account shall be credited to the account by the state 
 29.5   treasurer, except that gifts or contributions received directly 
 29.6   by the commissioner of natural resources and directed by the 
 29.7   contributor for use in specific nongame field projects or 
 29.8   geographic areas shall be handled according to section 84.085, 
 29.9   subdivision 1.  The commissioner of natural resources shall 
 29.10  submit a work program for each fiscal year to the legislative 
 29.11  commission on Minnesota resources in the form determined by the 
 29.12  commission.  None of the money provided in this section may be 
 29.13  spent unless the commission has approved the work program. 
 29.14     The state pledges and agrees with all corporate 
 29.15  contributors to the nongame wildlife account to use the funds 
 29.16  contributed solely for the nongame wildlife program and further 
 29.17  agrees that it will not impose additional conditions or 
 29.18  restrictions that will limit or otherwise restrict the ability 
 29.19  of the commissioner of natural resources to use the available 
 29.20  funds for the most efficient and effective management of those 
 29.21  programs.  
 29.22     Sec. 39.  Minnesota Statutes 1999 Supplement, section 
 29.23  574.264, subdivision 1, is amended to read: 
 29.24     Subdivision 1.  [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In 
 29.25  place of a performance or payment bond or bid deposit for a 
 29.26  state contract for a natural resource development project less 
 29.27  than $50,000 $100,000, the person required to file the bond or 
 29.28  bid deposit may deposit in a local designated state depository 
 29.29  or with the state treasurer a certified check, a cashier's 
 29.30  check, a postal, bank, or express money order, assignable bonds 
 29.31  or notes of the United States, or an assignment of a bank 
 29.32  savings account or investment certificate or an irrevocable bank 
 29.33  letter of credit, in the same amount that would be required for 
 29.34  the bond or bid deposit.  If securities listed in this section 
 29.35  are deposited, their value shall not be less than the amount 
 29.36  required for the bond or bid deposit and the person required to 
 30.1   file the bond or bid deposit shall submit an agreement 
 30.2   authorizing the commissioner to sell or otherwise take 
 30.3   possession of the securities in the event of default under the 
 30.4   contract or nonpayment of any persons furnishing labor and 
 30.5   materials under, or to perform, the contract.  
 30.6      Sec. 40.  [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.] 
 30.7      According to Minnesota Statutes, section 103G.265, 
 30.8   subdivision 3, the legislature approves the granting of a permit 
 30.9   by the commissioner of natural resources to the city of Grand 
 30.10  Forks, North Dakota, for consumptive uses of more than 2,000,000 
 30.11  gallons of water per day average in a 30-day period from the Red 
 30.12  River of the North for municipal water supply purposes.  
 30.13  Approval granted under this section is limited and the term of 
 30.14  the permit shall not exceed January 1, 2002. 
 30.15     Sec. 41.  [REPEALER.] 
 30.16     Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 
 30.17  93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 
 30.18  93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 
 30.19  93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, 
 30.20  subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 
 30.21  93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are 
 30.22  repealed.