HF 3605

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for land donor appraisal reimbursement;
providing for acquisition of land for certain facilities; providing for disposition
of certain receipts; modifying state park permit provisions; modifying forest
services provided to private owners; granting authority to establish state forest
user fees; modifying the State Timber Act; modifying certain definitions;
providing certain technical changes; modifying noise standard exemptions;
extending certain pilot programs; granting certain authority to the Lower
Minnesota River Watershed District; exempting counties from certain rules;
requiring reports; eliminating the requirement for a comprehensive forest
resource management plan; requiring certain agreements; modifying certain
appropriations; appropriating money; amending Minnesota Statutes 2004,
sections 84.026; 84.085, subdivision 1; 84.0911, as amended; 84.8205,
subdivision 2; 84D.01, subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2;
85.015, subdivisions 2, 7, 8, 11, 12, by adding a subdivision; 85.052, subdivision
4; 85.053, by adding a subdivision; 85.054, by adding subdivisions; 85.32,
subdivision 1; 88.79, subdivision 1; 89.01, subdivision 1; 90.14; 90.151,
subdivisions 1, 6, by adding a subdivision; 97A.015, subdivision 18; 103D.271,
subdivision 7; 103G.611, by adding a subdivision; 103I.005, subdivision 9;
116.07, subdivision 2a; Minnesota Statutes 2005 Supplement, sections 84.8205,
subdivision 1; 85.015, subdivision 5; 85.053, subdivision 2; 85.055, subdivision
1; 88.17, subdivision 5; 103G.271, subdivision 6; Laws 2003, chapter 128, article
1, section 165; Laws 2005, First Special Session chapter 1, article 2, section 11,
subdivision 10; proposing coding for new law in Minnesota Statutes, chapters
85; 89; 90; repealing Minnesota Statutes 2004, sections 89.011, subdivisions 1,
2, 3, 6; 103D.271, subdivision 6; 103G.611, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

POLICY AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 84.085, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) The commissioner of natural resources may accept for
and on behalf of the state any gift, bequest, devise, or grants of lands or interest in lands or
personal property of any kind or of money tendered to the state for any purpose pertaining
to the activities of the department or any of its divisions. Any money so received is hereby
appropriated and dedicated for the purpose for which it is granted. Lands and interests in
lands so received may be sold or exchanged as provided in chapter 94.

new text begin (b) When the commissioner of natural resources accepts lands or interests in land,
the commissioner may reimburse the donor for costs incurred to obtain an appraisal needed
for tax reporting purposes. If the state pays the donor for a portion of the value of the
lands or interests in lands that are donated, the reimbursement for appraisal costs shall not
exceed $1,500. If the donor receives no payment from the state for the lands or interests in
lands that are donated, the reimbursement for appraisal costs shall not exceed $5,000.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner of natural resources, on behalf of the state, may accept and
use grants of money or property from the United States or other grantors for conservation
purposes not inconsistent with the laws of this state. Any money or property so received
is hereby appropriated and dedicated for the purposes for which it is granted, and shall
be expended or used solely for such purposes in accordance with the federal laws and
regulations pertaining thereto, subject to applicable state laws and rules as to manner
of expenditure or use providing that the commissioner may make subgrants of any
money received to other agencies, units of local government, private individuals, private
organizations, and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to secure compliance with this section.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may accept for and on behalf of the permanent school fund
a donation of lands, interest in lands, or improvements on lands. A donation so received
shall become state property, be classified as school trust land as defined in section 92.025,
and be managed consistent with section 127A.31.

Sec. 2.

new text begin [85.0145] ACQUISITION OF LAND FOR FACILITIES.
new text end

new text begin The commissioner of natural resources may acquire interests in land by gift,
purchase, or lease for facilities outside the boundaries of state parks, state recreation areas,
or state waysides that are needed for the management of state parks, state recreation areas,
or state waysides established under sections 85.012 and 85.013.
new text end

Sec. 3.

Minnesota Statutes 2004, section 85.052, subdivision 4, is amended to read:

Subd. 4.

Deposit of fees.

(a) Fees paid for providing contracted products and
services within a state park, state recreation area, or wayside, and for special state park
uses under this section shall be deposited in the natural resources fund and credited to a
state parks account.

(b) Gross receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund lands, must be
deposited in the state treasury and credited to the general fund.

new text begin (c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle
Recreation Area shall be deposited in the dedicated accounts in the natural resources fund
from which the purchase of the stockpile material was made.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 85.053, subdivision 2, is
amended to read:

Subd. 2.

Requirement.

Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this section. Except for vehicles permitted under
deleted text begin subdivision deleted text end new text begin subdivisions new text end 7, paragraph (a), clause (2), new text begin and 8, new text end the state park permit must be
affixed to the lower right corner windshield of the motor vehicle and must be completely
affixed by its own adhesive to the windshield, or the commissioner may, by written order,
provide an alternative means to display and validate annual permits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2004, section 85.053, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Towed vehicles. new text end

new text begin The commissioner shall prescribe and issue a temporary
permit for a vehicle that enters a park towed by a vehicle used for camping. The temporary
permit shall be issued with the camping permit and allows the towed vehicle to be driven
in state parks until the camping permit expires.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Soudan Underground Mine State Park. new text end

new text begin A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2004, section 85.054, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Religious services. new text end

new text begin A state park permit is not required and a fee may not
be charged for motor vehicle entry to attend a religious service held in a state park if the
motor vehicle and occupants depart the park within two hours of entry.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2005 Supplement, section 85.055, subdivision 1, is
amended to read:

Subdivision 1.

Fees.

The fee for state park permits for:

(1) an annual use of state parks is $25;

(2) a second vehicle state park permit is $18;

(3) a state park permit valid for one day is deleted text begin $7 deleted text end new text begin $5 new text end ;

(4) a daily vehicle state park permit for groups is deleted text begin $5 deleted text end new text begin $3 new text end ;

(5) new text begin an annual permit for motorcycles is $20;
new text end

new text begin (6) new text end an employee's state park permit is without charge; and

deleted text begin (6) deleted text end new text begin (7) new text end a state park permit for deleted text begin handicapped deleted text end new text begin disabled new text end persons under section 85.053,
subdivision 7, clauses (1) and (2), is $12.

The fees specified in this subdivision include any sales tax required by state law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2004, section 88.79, subdivision 1, is amended to read:

Subdivision 1.

Employment of competent foresters; service to private owners.

The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota deleted text begin owning respectively not exceeding deleted text end new text begin who own
not more than new text end 1,000 acres of deleted text begin such deleted text end new text begin forest new text end land, forest management services consisting of new text begin : new text end

new text begin (1) new text end advice in management and protection of timber, new text begin including written stewardship
and forest management plans; new text end

new text begin (2) new text end selection and marking of timber to be cut deleted text begin , deleted text end new text begin ; new text end

new text begin (3) new text end measurement of products deleted text begin , deleted text end new text begin ; new text end

new text begin (4) new text end aid in marketing harvested products deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) provision of tree-planting equipment; new text end and

new text begin (6) new text end such other services as the commissioner of natural resources deems necessary or
advisable to promote maximum sustained yield of timber upon such forest lands.

Sec. 10.

new text begin [89.22] USES OF STATE FOREST LANDS; FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishing fees. new text end

new text begin Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish fees
providing for the use of state forest lands, including motorcycle, snowmobile, and sports
car rallies, races, or enduros; orienteering trials; group campouts that do not occur at
designated group camps; dog sled races; dog trials; large horse trail rides; and commercial
uses. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply.
new text end

new text begin Subd. 2. new text end

new text begin Receipts to special revenue fund. new text end

new text begin Fees collected under subdivision 1 shall
be credited to the special revenue fund and are annually appropriated to the commissioner
for costs incurred attributable to the uses for which the fees were imposed.
new text end

Sec. 11.

Minnesota Statutes 2004, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it
was appraised. deleted text begin The sale shall be made to the person who (1) bids the highest price for all
the several kinds of timber as advertised, or (2) if unsold at public auction, to the person
who purchases at any subsequent sale authorized under section 90.101, subdivision 1. deleted text end new text begin No
tract shall be sold to any person other than the purchaser in whose name the bid was made. new text end
The commissioner may refuse to approve any and all bids received and cancel a sale of
state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the
bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under
section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent
of the appraised value. In case any purchaser fails to make such payment, the purchaser
shall be liable therefor to the state in a civil action, and the commissioner may reoffer the
timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor
had been made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
state timber may, at the time of payment by the purchaser to the commissioner of 15
percent of the appraised value, elect in writing on a form prescribed by the attorney
general to purchase a permit based solely on the appraiser's estimate of the volume of
timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as
required under section 90.101. A purchaser who elects in writing on a form prescribed
by the attorney general to purchase a permit based solely on the appraiser's estimate of
the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

new text begin (d) In the case of a public auction sale conducted by a sealed bid process, tracts shall
be awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value within ten business days of receiving a written award
notice. If a purchaser fails to make the down payment, the purchaser is liable for the down
payment to the state and the commissioner may offer the timber for sale to the next highest
bidder as though no higher bid had been made.
new text end

new text begin (e) Except as otherwise provided by law, at the time the purchaser signs a permit
issued under section 90.151, the purchaser shall make a bid guarantee payment to the
commissioner in an amount equal to 15 percent of the total purchase price of the permit
less the down payment amount required by paragraph (b). If the bid guarantee payment is
not submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.
new text end

Sec. 12.

new text begin [90.145] PURCHASER QUALIFICATIONS AND REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Purchaser qualifications. new text end

new text begin (a) In addition to any other requirements
imposed by this chapter, the purchaser of a state timber permit issued under section 90.151
must meet the requirements in paragraphs (b) to (d).
new text end

new text begin (b) The purchaser and the purchaser's agents, employees, subcontractors, and
assigns must comply with general industry safety standards for logging adopted by the
commissioner of labor and industry under chapter 182. The commissioner of natural
resources shall require a purchaser to provide proof of compliance with the general
industry safety standards.
new text end

new text begin (c) The purchaser and the purchaser's agents, subcontractors, and assigns must
comply with the mandatory insurance requirements of chapter 176. The commissioner
shall require a purchaser to provide a copy of the proof of insurance required by section
176.130 before the start of harvesting operations on any permit.
new text end

new text begin (d) Before the start of harvesting operations on any permit, the purchaser must
certify that a foreperson or other designated employee who has a current certificate of
completion from the Minnesota logger education program (MLEP), the Wisconsin Forest
Industry Safety and Training Alliance (FISTA), or any similar program acceptable to the
commissioner, is supervising active logging operations.
new text end

new text begin Subd. 2. new text end

new text begin Purchaser preregistration. new text end

new text begin To facilitate the sale of permits issued under
section 90.151, the commissioner may establish a purchaser preregistration system.
Any system implemented by the commissioner shall be limited in scope to only that
information that is required for the efficient administration of the purchaser qualification
provisions of this chapter and shall conform with the requirements of chapter 13.
new text end

Sec. 13.

Minnesota Statutes 2004, section 90.151, subdivision 1, is amended to read:

Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment
for state timber required under section 90.14 or 90.191, the commissioner shall issue a
numbered permit to the purchaser, in a form approved by the attorney general, by the
terms of which the purchaser shall be authorized to enter upon the land, and to cut and
remove the timber therein described as designated for cutting in the report of the state
appraiser, according to the provisions of this chapter. The permit shall be correctly dated
and executed by the commissioner and signed by the purchaser. If a permit is not signed
by the purchaser within 60 days from the date of purchase, the permit cancels and the
down payment for timber required under section 90.14 forfeits to the state.

(b) The permit shall expire no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber shall
be cut within the time specified therein. All cut timber, equipment, and buildings not
removed from the land within 90 days after expiration of the permit shall become the
property of the state.

(c) The commissioner may grant an additional period of time not to exceed 120 days
for the removal of cut timber, equipment, and buildings upon receipt of such request by
the permit holder for good and sufficient reasons. The commissioner may grant a second
period of time not to exceed 120 days for the removal of cut timber, equipment, and
buildings upon receipt of a request by the permit holder for hardship reasons only.

deleted text begin (d) No permit shall be issued to any person other than the purchaser in whose name
the bid was made.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 90.151, subdivision 6, is amended to read:

Subd. 6.

Notice and approval required.

The permit shall provide that the permit
holder shall not start cutting any state timber nor clear building sites nor logging roads until
the commissioner has been notified and has given prior approval to such cutting operations. new text begin
Approval shall not be granted until the permit holder has completed a presale conference
with the state appraiser designated to supervise the cutting. The permit holder shall also
give prior notice whenever permit operations are to be temporarily halted, whenever
permit operations are to be resumed, and when permit operations are to be completed.
new text end

Sec. 15.

Minnesota Statutes 2004, section 90.151, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Liquidated damages. new text end

new text begin The permit may include a schedule of liquidated
damage charges for breach of permit terms by the permit holder. The damage charges shall
be limited to amounts that are reasonable in light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of
otherwise obtaining an adequate remedy.
new text end

Sec. 16.

Minnesota Statutes 2004, section 103D.271, subdivision 7, is amended to read:

Subd. 7.

Termination hearing order.

When the board determines a termination
petition has been filed that meets the requirements of subdivisions 4 and 5 deleted text begin and the
petitioners' bond has been filed deleted text end , the board must, by order, set a time by 35 days after its
determination and a location within the watershed district for a termination hearing.

Sec. 17.

Minnesota Statutes 2004, section 103I.005, subdivision 9, is amended to read:

Subd. 9.

Exploratory boring.

"Exploratory boring" means a surface drilling done
to explore or prospect for oil, natural gas, new text begin apatite, diamonds, graphite, gemstones, new text end kaolin
clay, and metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium,
vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium,
beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and
niobium, and a drilling or boring for petroleum.

Sec. 18.

Minnesota Statutes 2004, section 116.07, subdivision 2a, is amended to read:

Subd. 2a.

Exemptions from standards.

No standards adopted by any state agency
for limiting levels of noise in terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways constructed with federal
interstate substitution money, provided that all reasonably available noise mitigation
measures are employed to abate noise, (2) an existing or newly constructed segment of a
highway, provided that all reasonably available noise mitigation measures, as approved by
the commissioners of the Department of Transportation and Pollution Control Agency, are
employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing
or newly constructed segment of a road, street, or highway under the jurisdiction of a road
authority of a town, statutory or home rule charter city, or county, except for roadways for
which full control of access has been acquired, (4) skeet, trap or shooting sports clubs,
or (5) motor vehicle race events conducted at a facility specifically designed for that
purpose that was in operation on or before July 1, deleted text begin 1983. deleted text end new text begin 1996. Motor vehicle race events
exempted from state standards under this subdivision are exempt from claims based on
noise brought under section 561.01 and chapters 116B and 116D. new text end Nothing herein shall
prohibit a local unit of government or a public corporation with the power to make rules
for the government of its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility
specifically designed for that purpose that was in operation on or before July 1, deleted text begin 1983 deleted text end new text begin 1996 new text end .

Sec. 19.

Laws 2003, chapter 128, article 1, section 165, is amended to read:

Sec. 165. ISTS PILOT PROGRAM.

The Pollution Control Agency shall, in conjunction with the association of
Minnesota counties, designate three cooperating counties with waterbodies listed as
impaired by fecal coliform bacteria, and within designated counties shall:

(1) by July 1, deleted text begin 2007 deleted text end new text begin 2008 new text end , complete an inventory of properties with individual
sewage treatment systems that are an imminent threat to public health or safety due to
surface water discharges of untreated sewage, and the inventory of properties may be
phased over the period of the pilot project; and

(2) require compliance under the applicable requirements of this section by May 1,
deleted text begin 2008 deleted text end new text begin 2009 new text end . The pollution control agency may utilize cooperative agreements with the
three pilot counties to meet the requirements of clauses (1) and (2).

Sec. 20.

Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
10, is amended to read:

Subd. 10. Energy

1,896,000

1,896,000

Summary by Fund
Trust Fund	1,896,000	1,896,000

(a) Clean Energy Resource Teams and
Community Wind Energy Rebate new text begin and
Financial Assistance new text end Program

$350,000 the first year and $350,000 the
second year are from the trust fund to the
commissioner of commerce. $300,000 of
this appropriation is to provide technical
assistance to implement cost-effective
conservation, energy efficiency, and
renewable energy projects. $400,000 of this
appropriation is to assist deleted text begin two deleted text end Minnesota
communities in developing locally owned
wind energy projects by offering financial
assistance new text begin and new text end rebates. new text begin This appropriation
is available until June 30, 2009, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program. new text end

(b) [Paragraph (b) was vetoed by the
governor.]

(c) Manure Methane Digester Compatible
Wastes and Electrical Generation

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of agriculture to research the
potential for a centrally located, multifarm
manure digester and the potential use of
compatible waste streams with manure
digesters.

(d) Dairy Farm Digesters

$168,000 the first year and $168,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the Minnesota Project for a
pilot project to evaluate anaerobic digester
technology on average size dairy farms of
50 to 300 cows.

(e) Wind to Hydrogen Demonstration

$400,000 the first year and $400,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the University of Minnesota,
West Central Research and Outreach Center,
to develop a model community-scale
wind-to-hydrogen facility.

(f) Natural Gas Production from Agricultural
Biomass

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Sebesta Blomberg and
Associates to demonstrate potential natural
gas yield using anaerobic digestion of blends
of chopped grasses or crop residue with hog
manure and determine optimum operating
conditions for conversion to natural gas.

(g) Biomass-Derived Oils for Generating
Electricity and Reducing Emissions

$75,000 the first year and $75,000 the second
year are from the trust fund to the University
of Minnesota to evaluate the environmental
and performance benefits of using renewable
biomass-derived oils, such as soybean oil,
for generating electricity.

(h) [Paragraph (h) was vetoed by the
governor.]

(i) [Paragraph (i) was vetoed by the
governor.]

Sec. 21. new text begin LOWER MINNESOTA RIVER WATERSHED DISTRICT;
AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE, IMPROVE, AND
ENLARGE DREDGE MATERIAL SITE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section:
new text end

new text begin (1) "district" means the Lower Minnesota River Watershed District, a district
established under Minnesota Statutes, chapter 103D;
new text end

new text begin (2) "governing body" means the managers of the district as defined in Minnesota
Statutes, section 103D.011, subdivision 15; and
new text end

new text begin (3) "dredge material site" means a site at which public agencies or private customers
may deposit material from dredging activities conducted on the Minnesota River.
new text end

new text begin Subd. 2. new text end

new text begin Authorization; authority to own and operate. new text end

new text begin The district may own
and operate a dredge material site for its own needs, the needs of other public agencies,
the needs of private customers, or any combination of these. The district may acquire,
construct, and install all facilities needed for that purpose and may lease, purchase, or
acquire by exercise of the power of eminent domain any existing properties so needed.
The district may sell the dredge material to any person or entity. If the governing body
determines that the dredge material has no value, the district may convey the dredge
material for no consideration to any person or entity. The district may hire all personnel
the governing body deems necessary and may make all necessary rules and regulations for
the operation and maintenance of the dredge material site.
new text end

new text begin Subd. 3. new text end

new text begin Charges; net revenues. new text end

new text begin (a) To pay for the acquisition, maintenance,
operation, improvement, and enlargement of the dredge material site and to obtain and
comply with permits required by law for the dredge material site, the governing body may
impose charges for permitting private customers to deposit dredge material at the dredge
material site and make contracts for the charges as provided in this section.
new text end

new text begin (b) The amount of the charges imposed shall be established at the discretion of the
governing body. In determining the amount of the charges to be imposed, the governing
body may give consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and equipment, the
costs of improvements and enlargements, the cost of reimbursing the district for special
assessment revenues expended for the benefit of persons or entities not subject to special
assessment levies by the district, the amount of the principal and interest to become due
on obligations issued or to be issued, the costs of obtaining and complying with permits
required by law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body deems relevant.
new text end

new text begin (c) At its discretion, the governing body may impose a surcharge on private
customers using the dredge material site in addition to the charges allowed under
paragraph (a). The surcharge shall be for the purpose of paying for the removal of dredge
material from the dredging site if the governing body determines it necessary. If the
governing body later determines that there is no need to pay for the removal of the dredge
material from the dredge material site, the governing body shall rebate all surcharges
paid by private customers.
new text end

Sec. 22. new text begin APPLICATION OF STORM WATER RULES TO COUNTIES.
new text end

new text begin Until the Pollution Control Agency storm water rules are amended, the provisions of
Minnesota Rules, part 7090.1010, subpart 1, item B, subitems (2) and (3), only, shall not
apply to counties.
new text end

Sec. 23. new text begin TERRESTRIAL SEQUESTRATION; REPORT.
new text end

new text begin The commissioners of agriculture, commerce, natural resources, and the Pollution
Control Agency shall review the phase 1 report from the Minnesota Terrestrial Carbon
Sequestration Project and report to the Minnesota Environmental Quality Board and
the members of the house and senate committees with jurisdiction over agriculture,
energy, environment, and natural resource issues by June 30, 2007, on existing scientific
information on carbon stocks in Minnesota's major ecosystems, the economics of various
carbon enhancing practices, and alternative carbon trading systems and their potential
application in Minnesota.
new text end

Sec. 24. new text begin GREENHOUSE GAS EMISSIONS; REPORT.
new text end

new text begin The Pollution Control Agency, in collaboration with the Minnesota Clean Energy
Environment Partnership, shall report to the Minnesota Environmental Quality Board and
the members of the house and senate committees with jurisdiction over agriculture, energy,
environment, and natural resource issues by June 30, 2007, on strategies for mitigating,
reducing, and sequestering state greenhouse gas emissions.
new text end

Sec. 25. new text begin CARRYFORWARD.
new text end

new text begin The appropriation under Laws 2003, chapter 128, article 1, section 9, subdivision
6, paragraph (c), for local initiative grants - parks and natural areas, is available until
June 30, 2007. The appropriation under Laws 2003, chapter 128, article 1, section 9,
subdivision 6, paragraph (l), as amended by Laws 2005, First Special Session chapter 1,
article 2, section 150, for land acquisition, Minnesota Landscape Arboretum, is available
until June 30, 2008.
new text end

Sec. 26. new text begin APPROPRIATIONS; MINNESOTA RESOURCES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Unless otherwise specified, the amounts appropriated
under this section are from the environment and natural resources trust fund and added
to the appropriations in Laws 2005, First Special Session chapter 1, article 2, section 11.
Unless otherwise provided, the amounts appropriated in this section are available until
June 30, 2008, when projects must be completed and final products delivered.
new text end

new text begin Subd. 2. new text end

new text begin Enhancing civic understanding of groundwater. new text end

new text begin $75,000 in fiscal
year 2006 and $75,000 in fiscal year 2007 are appropriated to the Science Museum
of Minnesota to create groundwater exhibits and a statewide traveling groundwater
classroom program. This appropriation is available until June 30, 2009, at which time
the project must be completed and final products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin Subd. 3. new text end

new text begin Laurentian Energy Authority biomass project. new text end

new text begin $200,000 in fiscal year
2006 and $200,000 in fiscal year 2007 are appropriated to the commissioner of commerce
for an agreement with Virginia Public Utility to lease land and plant approximately 1,000
acres of trees to support a proposed conversion to a biomass power plant.
new text end

new text begin Subd. 4. new text end

new text begin Land cover mapping for natural resource protection. new text end

new text begin $125,000 in
fiscal year 2006 and $125,000 in fiscal year 2007 are appropriated to the commissioner
of natural resources for an agreement with Hennepin County to develop geographic
information system tools for prioritizing natural areas for protection and restoration and to
update and complete land cover classification mapping.
new text end

new text begin Subd. 5. new text end

new text begin Lake Superior research. new text end

new text begin $133,000 in fiscal year 2006 and $134,000 in
fiscal year 2007 are appropriated to the Board of Regents of the University of Minnesota
for the Large Lakes Observatory for research on Lake Superior. $28,000 in fiscal year
2007 from the Great Lake protection account under Minnesota Statutes, section 116Q.02,
is appropriated to the Board of Regents for the same purpose.
new text end

new text begin Subd. 6. new text end

new text begin Climate change impacts on Minnesota's aquatic resources. new text end

new text begin $125,000
in fiscal year 2006 and $125,000 in fiscal year 2007 are appropriated to the Board of
Regents of the University of Minnesota for the Natural Resources Institute to quantify
climate, hydrologic, and ecological variability and trends and identify indicators of future
climate. This appropriation is available until June 30, 2009, at which time the project
must be completed and final products delivered, unless an earlier date is specified in
the work program.
new text end

new text begin Subd. 7. new text end

new text begin Land exchange revolving fund for Aitkin, Cass, and Crow Wing
Counties. new text end

new text begin $145,000 in fiscal year 2006 and $145,000 in fiscal year 2007 are appropriated
to the commissioner of natural resources for an agreement with Aitkin County for a
six-year revolving loan fund to improve public and private land ownership patterns,
increase management efficiency, and protect critical habitat in Aitkin, Cass, and Crow
Wing Counties. By June 30, 2011, Aitkin County shall repay the $290,000 to the
commissioner of finance for deposit in the environment and natural resources trust fund.
new text end

new text begin Subd. 8. new text end

new text begin Riparian land acquisition. new text end

new text begin $620,000 in fiscal year 2006 and $520,000 in
fiscal year 2007 from the environment trust fund to the commissioner of natural resources
for fee title acquisition and easements on high priority, sensitive riparian lands that provide
high value for watershed protection.
new text end

new text begin Subd. 9. new text end

new text begin Conservation and preservation plan. new text end

new text begin $150,000 in fiscal year 2006
and $150,000 in fiscal year 2007 from the environmental trust fund to the Legislative
Commission on Minnesota Resources, or its successor commission, to issue a request for
proposal to develop a statewide comprehensive plan for conservation and preservation.
new text end

new text begin Subd. 10. new text end

new text begin Forest legacy. new text end

new text begin $250,000 in fiscal year 2006 and $250,000 in fiscal year
2007 from the environmental trust fund to the commissioner of natural resources to
acquire easements as described under Minnesota Statutes, chapter 84C, or private lands.
All easements must guarantee public access, including hunting and fishing.
new text end

new text begin Subd. 11. new text end

new text begin Administration. new text end

new text begin (a) $550,000 in 2007 is from the environment and
natural resources trust fund to the Legislative-Citizen Commission on Minnesota
Resources for administration, as provided in Minnesota Statutes, section 116P.09,
subdivision 5.
new text end

new text begin (b) The fiscal year 2006 administrative budget under Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 3, is for the Legislative Commission
on Minnesota Resources or its successor commission, as provided in Minnesota Statutes,
section 15.039, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 89.011, subdivisions 1, 2, 3, and 6; and 103D.271,
subdivision 6, new text end new text begin are repealed.
new text end

ARTICLE 2

TECHNICAL AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 84.026, is amended to read:

84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL
RESOURCES SERVICES.

new text begin Subdivision 1. new text end

new text begin Contracts. new text end

The commissioner of natural resources is authorized
to enter into contractual deleted text begin or grant deleted text end agreements with any public or private entity for the
provision of statutorily prescribed natural resources services by deleted text begin or for deleted text end the department.
The contracts deleted text begin or grants deleted text end shall specify the services to be provided deleted text begin and, where services are
being provided for the department, the amount and method of payment after services
are rendered deleted text end . Funds generated in a contractual agreement made pursuant to this section
shall be deposited in the special revenue fund and are appropriated to the department for
purposes of providing the services specified in the contracts. deleted text begin All contractual and grant
agreements shall be processed in accordance with the provisions of section 16C.05. deleted text end The
commissioner shall report revenues collected and expenditures made under this deleted text begin section deleted text end new text begin
subdivision new text end to the chairs of the Committees on Ways and Means in the house and Finance
in the senate by January 1 of each odd-numbered year.

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin The commissioner is authorized to enter into grant agreements for
the provision of statutorily prescribed natural resources services with any public or private
entity. The grant agreements shall specify the services to be provided to the department
and the amount and method of payment after services are rendered.
new text end

new text begin Subd. 3. new text end

new text begin Procurement law. new text end

new text begin All contractual and grant agreements under this section
shall be processed according to section 16C.05.
new text end

Sec. 2.

Minnesota Statutes 2004, section 84.0911, as amended by Laws 2005, First
Special Session chapter 1, article 2, section 17, is amended to read:

84.0911 WILD RICE MANAGEMENT ACCOUNT.

Subdivision 1.

Account established.

The wild rice management account is
established as an account in the game and fish fund.

Subd. 2.

Receipts.

Money received from the sale of wild rice licenses issued by the
commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4),
and subdivision 3, paragraph (b), deleted text begin except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, deleted text end shall be credited to
the wild rice management account.

Subd. 3.

Use of money in account.

new text begin Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15,
new text end money in the wild rice management account is annually appropriated to the commissioner
and shall be used for management of designated public waters to improve natural wild
rice production.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is
amended to read:

Subdivision 1.

Sticker required; fee.

new text begin (a) Except as provided in paragraph (b), new text end a
person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of snowmobile
registration is $30. In addition to other penalties prescribed by law, a person in violation of
this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker is
valid from November 1 through April 30. Fees collected under this section, except for the
issuing fee for licensing agents deleted text begin under this section and for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15 deleted text end , shall
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund and new text begin , except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, new text end must
be used for grants-in-aid, trail maintenance, grooming, and easement acquisition.

new text begin (b) A state trail sticker is not required under this section for:
new text end

new text begin (1) a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
new text end

new text begin (2) a snowmobile that is owned and used by the United States, another state, or
a political subdivision thereof that is exempt from registration under section 84.82,
subdivision 6;
new text end

new text begin (3) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a; or
new text end

new text begin (4) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent.
new text end

Sec. 4.

Minnesota Statutes 2004, section 84.8205, subdivision 2, is amended to read:

Subd. 2.

Placement of sticker.

The state trail sticker shall be permanently affixed
to new text begin either:
new text end

new text begin (1) new text end the forward half of the snowmobile directly above or below the headlight of
the snowmobile new text begin ;
new text end

new text begin (2) above the expiration year on the top portion of the snowmobile registration
validation decal; or
new text end

new text begin (3) the lower right corner of a registration plate issued to a dealer or manufacturer
under section 84.82, subdivision 3 new text end .

Sec. 5.

Minnesota Statutes 2004, section 84D.01, subdivision 9a, is amended to read:

Subd. 9a.

Invasive species.

"Invasive species" means a nonnative species that
deleted text begin can naturalize and deleted text end :

(1) causes or may cause economic or environmental harm or harm to human health;
or

(2) threatens or may threaten natural resources or the use of natural resources in
the state.

Sec. 6.

Minnesota Statutes 2004, section 84D.01, subdivision 13, is amended to read:

Subd. 13.

Prohibited invasive species.

"Prohibited invasive species" means deleted text begin an
invasive deleted text end new text begin a nonnative new text end species that has been designated as a prohibited invasive species in a
rule adopted by the commissioner under section 84D.12.

Sec. 7.

Minnesota Statutes 2004, section 84D.01, subdivision 15, is amended to read:

Subd. 15.

Regulated invasive species.

"Regulated invasive species" means deleted text begin an
invasive deleted text end new text begin a nonnative new text end species that has been designated as a regulated invasive species in a
rule adopted by the commissioner under section 84D.12.

Sec. 8.

Minnesota Statutes 2004, section 84D.01, subdivision 16, is amended to read:

Subd. 16.

Transport.

"Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not include the deleted text begin unintentional deleted text end transport
of new text begin infested water or new text end a species within a water of the state or to a connected water of the
state where the species being transported is already present.

Sec. 9.

Minnesota Statutes 2004, section 84D.02, subdivision 2, is amended to read:

Subd. 2.

Purple loosestrife new text begin , curly-leaf pondweed, new text end and Eurasian water milfoil
programs.

(a) The program required in subdivision 1 must include specific programs to
curb the spread and manage the growth of purple loosestrife new text begin , curly-leaf pondweed, new text end and
Eurasian water milfoil. These programs must include:

(1) compiling inventories and monitoring the growth of purple loosestrife and
Eurasian water milfoil in the state, for which the commissioner may use volunteers;

(2) publication and distribution of informational materials to boaters and lakeshore
owners;

(3) cooperative research with the University of Minnesota and other public and
private research facilities to study the use of nonchemical control methods, including
biological control methods; and

(4) managing the growth of Eurasian water milfoil new text begin , curly-leaf pondweed, new text end and purple
loosestrife in coordination with appropriate local units of government, special purpose
districts, and lakeshore associations, to include providing requested technical assistance.

(b) The commissioners of agriculture and transportation shall cooperate with the
commissioner to establish, implement, and enforce the purple loosestrife program.

Sec. 10.

Minnesota Statutes 2004, section 85.015, subdivision 2, is amended to read:

Subd. 2.

Casey Jones Trail, Murray, Redwood, and Pipestone Counties.

(a) The
trail shall originate in Lake Shetek State Park in Murray County and include the six-mile
loop between Currie in Murray County and Lake Shetek State Park. From there, the first
half of the trail shall trail southwesterly to Slayton in Murray County; thence westerly to
the point of intersection with the most easterly terminus of the state-owned abandoned
railroad right-of-way, commonly known as the Casey Jones unit; thence westerly along
said Casey Jones unit to Pipestone in Pipestone County; thence southwesterly to Split
Rock Creek State Park in Pipestone County, new text begin southerly to Blue Mound State Park in Rock
County new text end and there terminate. The second half of the trail shall commence in Lake Shetek
State Park in Murray County and trail northeasterly to Walnut Grove in Redwood County deleted text begin
and there terminate deleted text end new text begin ; thence northeasterly to Redwood Falls in Redwood County to join
with the Minnesota River State Trail new text end .

(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail.
Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally
established, and the use thereof shall be concurrent.

Sec. 11.

Minnesota Statutes 2005 Supplement, section 85.015, subdivision 5, is
amended to read:

Subd. 5.

Glacial Lakes Trail, Kandiyohi, Pope, new text begin Stearns, new text end and Douglas Counties.

(a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake
in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence
northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake
Carlos State Park in Douglas County, and there terminate.

(b) deleted text begin Trails may be established that extend the Glacial Lakes Trail system from New
London to Cold Spring. deleted text end new text begin A segment shall be established beginning in the city of Willmar,
Kandiyohi County, and extending northeasterly into Stearns County.
new text end

(c) The trail shall be developed primarily for riding and hiking.

Sec. 12.

Minnesota Statutes 2004, section 85.015, subdivision 7, is amended to read:

Subd. 7.

Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston
Counties.

(a) The Root River Trail shall originate at Chatfield in Fillmore County, and
thence extend easterly in the Root River Valley to the intersection of the river with
Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.

(b) Additional trails may be established that extend the Blufflands Trail system to
include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston,
Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore
County; new text begin Rochester, new text end Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in
Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica,
St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible.

(c) The trails shall be developed primarily for nonmotorized riding and hiking.

Sec. 13.

Minnesota Statutes 2004, section 85.015, subdivision 8, is amended to read:

Subd. 8.

Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice Counties.

(a) The trail shall originate deleted text begin at mile post 4.1 of the Chicago and Northwestern Railway
Company right-of-way in the junction of Benning deleted text end new text begin in Mankato new text end , Blue Earth County, and
shall extend in a northeasterly direction new text begin on or new text end along the railroad right-of-way deleted text begin to mile post
46.01 of the Chicago and Northwestern Railway at a point commonly known as Faribault
Junction in deleted text end new text begin into new text end Rice County deleted text begin , a distance of approximately 42 miles, and there terminate deleted text end .

(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles,
except snowmobiles, are prohibited from the trail.

Sec. 14.

Minnesota Statutes 2004, section 85.015, subdivision 11, is amended to read:

Subd. 11.

Willard Munger Trail, Ramsey, deleted text begin Anoka, deleted text end Washington, Chisago, Pine,
new text begin St. Louis, new text end and Carlton Counties.

(a) The trail shall deleted text begin originate in the vicinity of Arden
Hills, Ramsey County, and thence extend northeasterly, traversing Anoka and Washington
Counties to the vicinity of Taylors Falls in Chisago County; thence northwesterly and
northerly to St. Croix State Park in Pine County; thence northerly to Jay Cooke State Park
in Carlton County, and there terminate. deleted text end new text begin consist of four segments. One segment shall be
known as the "gateway segment" and shall originate at the State Capitol, then extend
northerly and northeasterly to William O'Brien State Park, and then extend northerly to
Taylors Falls in Chisago County. One segment shall originate in Chisago County and
extend into Duluth in St. Louis County. One segment shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis County.
One segment shall originate in Carlton County at Carlton and extend through Wrenshall to
the Minnesota-Wisconsin border.
new text end

(b) The new text begin gateway segment shall be developed primarily for hiking and nonmotorized
riding, and the remaining segments of the new text end trail shall be developed primarily for riding
and hiking.

(c) Additional deleted text begin trails deleted text end new text begin segments new text end shall be established that extend the Willard Munger
Trail to include Proctor new text begin , Duluth, new text end and Hermantown in St. Louis County.

Sec. 15.

Minnesota Statutes 2004, section 85.015, subdivision 12, is amended to read:

Subd. 12.

Heartland Trail, new text begin Clay, Becker, new text end Hubbard new text begin , new text end and Cass Counties.

(a)
The trail shall originate at new text begin Moorhead in Clay County and extend in an easterly direction
through Detroit Lakes in Becker County to new text end mile post 90.92 at Park Rapids in Hubbard
County deleted text begin and shall extend deleted text end new text begin ; thence new text end in an easterly direction along the Burlington Northern
Railroad right-of-way through Walker in Cass County deleted text begin . The trail shall then continue deleted text end new text begin ;
thence new text end in a northerly direction along the Burlington Northern Railroad right-of-way to
Cass Lake in Cass County, and there terminate.

(b) The trail shall be developed primarily for riding and hiking.

deleted text begin (c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Heartland Trail may be acquired by eminent domain. Before acquiring any land
or interest in land by eminent domain the commissioner of administration shall obtain
the approval of the governor. The governor shall consult with the Legislative Advisory
Commission before granting approval. Recommendations of the Legislative Advisory
Commission shall be advisory only. Failure or refusal of the commission to make a
recommendation shall be deemed a negative recommendation.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 85.015, is amended by adding a subdivision
to read:

new text begin Subd. 25. new text end

new text begin Great River Ridge Trail, Wabasha and Olmsted Counties. new text end

new text begin The trail
shall originate in the city of Plainview in Wabasha County and extend southwesterly
through the city of Elgin in Wabasha County and the town of Viola in Olmsted County to
the Chester Woods Trail in Olmsted County.
new text end

Sec. 17.

Minnesota Statutes 2004, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

Areas marked.

The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark canoe and boating routes on the Little Fork, Big Fork, Minnesota,
St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing,
St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift
County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County
to Montevideo in Chippewa County, Long Prairie, Red River of the North, new text begin Sauk, new text end and
Crow Rivers which have historic and scenic values and to mark appropriately points of
interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other
serious hazards which are dangerous to canoe and watercraft travelers.

Sec. 18.

Minnesota Statutes 2005 Supplement, section 88.17, subdivision 5, is
amended to read:

Subd. 5.

Permit fees.

(a) The annual fees for an electronic burning permit are:

(1) $5 for a noncommercial burning permit; and

(2) for commercial enterprises that obtain multiple permits, $5 per permit for each
burning site, up to a maximum of $50 per individual business enterprise per year.

(b) Except for the issuing fee under paragraph (c), deleted text begin and for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15, deleted text end money received from permits issued under this section shall be deposited in the state
treasury and credited to the burning permit account and new text begin , except for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15, new text end is annually appropriated to the commissioner of natural resources for the costs of
operating the burning permit system.

(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the
permit agent as a commission for issuing electronic permits.

(d) Fire wardens who issue written permits may charge a fee of up to $1 for each
permit issued, to be retained by the fire warden as a commission for issuing the permit.
This paragraph does not limit a local government unit from charging an administrative fee
for issuing open burning permits within its jurisdiction.

Sec. 19.

Minnesota Statutes 2004, section 89.01, subdivision 1, is amended to read:

Subdivision 1.

Best methods.

The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste deleted text begin and prairie deleted text end lands,
preventing destruction of forests and lands by fire, administering forests on forestry
principles, encouraging private owners to preserve and grow timber for commercial
purposes, and conserving the forests around the head waters of streams and on the
watersheds of the state.

Sec. 20.

Minnesota Statutes 2004, section 97A.015, subdivision 18, is amended to read:

Subd. 18.

Enforcement officer.

"Enforcement officer" means the commissioner, the
director of the Enforcement Division, new text begin or new text end a conservation officer deleted text begin , or a game refuge manager deleted text end .

Sec. 21.

Minnesota Statutes 2005 Supplement, section 103G.271, subdivision 6,
is amended to read:

Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:

(1) $101 for amounts not exceeding 50,000,000 gallons per year;

(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but
less than 150,000,000 gallons per year;

(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;

(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but
less than 250,000,000 gallons per year;

(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;

(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but
less than 350,000,000 gallons per year;

(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;

(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but
less than 450,000,000 gallons per year;

(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons
per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and

(2) for all other users, $300 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $50,000 per year for an entity holding three or fewer permits;

(ii) $75,000 per year for an entity holding four or five permits;

(iii) $250,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

(g) A surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in new text begin each of the months of new text end June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. new text begin The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
new text end

Sec. 22.

Minnesota Statutes 2004, section 103G.611, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Public waters without access. new text end

new text begin A person who receives a permit to operate
an aeration system on a public water without a public access and who owns all of the
riparian land or all of the possessory rights to the riparian land around that water is not
subject to the provisions of subdivisions 2, paragraph (b), and 3.
new text end

Sec. 23. new text begin AGREEMENT; WABASHA COUNTY REGIONAL RAIL
AUTHORITY.
new text end

new text begin The commissioner of natural resources shall enter an agreement with the Wabasha
County Regional Rail Authority to maintain and develop the Great River Ridge Trail
as a state trail.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 103G.611, subdivision 6, new text end new text begin is repealed.
new text end

Sec. 25. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 16 and 23 are effective the day after the governing body of the Wabasha
County Regional Rail Authority and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end "