1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental and natural resources purposes; 1.4 establishing and modifying certain programs; providing 1.5 for regulation of certain activities and practices; 1.6 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 2000, sections 15.059, 1.8 subdivision 5a, as amended; 84.025, subdivision 7; 1.9 84.0887, subdivisions 1, 2, 4, 5, 6, 9; 84.925, 1.10 subdivision 1; 84.9256, subdivision 1; 85.015, by 1.11 adding subdivisions; 85.055, subdivision 2; 86A.21; 1.12 86B.106; 88.642; 88.645; 88.647; 88.648; 88.75, 1.13 subdivision 1; 93.002, subdivision 1; 97A.045, 1.14 subdivision 7; 97A.055, subdivision 4a; 97A.405, 1.15 subdivision 2; 97A.411, subdivision 2; 97A.473, 1.16 subdivisions 2, 3, 5; 97A.474, subdivisions 2, 3; 1.17 97A.475, subdivisions 5, 6, 10; 97A.485, subdivision 1.18 6; 97B.721; 97C.305; 103B.575; 103G.271, subdivisions 1.19 1, 5, 5a; 103G.301, subdivision 2; 115.03, by adding a 1.20 subdivision; 115.55, subdivision 3; 115A.54, 1.21 subdivision 2a; 115A.557, subdivision 2; 115A.912, 1.22 subdivision 1; 115A.914, subdivision 2; 115B.49, 1.23 subdivision 4a; 115C.07, subdivision 3; 115C.09, 1.24 subdivisions 1, 2a, 3, 3h; 115C.093; 115C.112; 1.25 115C.13; 116.07, subdivisions 2, 4d; 116.12, 1.26 subdivision 1; 116P.02, subdivision 2; 116P.03; 1.27 116P.05; 116P.06; 116P.07; 116P.08, subdivisions 1, 3, 1.28 4, 5, 6, 7; 116P.09, subdivisions 1, 5, 6, 7; 116P.10; 1.29 116P.11; 116P.13, subdivision 3; 256J.20, subdivision 1.30 3; 473.608, by adding a subdivision; 473.845, 1.31 subdivision 3; Laws 1995, chapter 220, section 142, as 1.32 amended; Laws 1996, chapter 407, section 32, 1.33 subdivision 4; Laws 1999, chapter 231, section 16, 1.34 subdivision 4; Laws 2000, chapter 473, section 21; 1.35 proposing coding for new law in Minnesota Statutes, 1.36 chapters 88; 97C; 116P; repealing Minnesota Statutes 1.37 2000, sections 86.71; 86.72; 88.641, subdivisions 4, 1.38 5; 88.644; 115.55, subdivision 8; 115A.906; 115A.912, 1.39 subdivisions 2, 3; 115C.02, subdivisions 11a, 12a; 1.40 115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092; 1.41 116.67; 116.70, subdivisions 2, 3a, 4; 116.71; 116.72; 1.42 116.73; 116.74; Laws 1994, chapter 639, article 3, 1.43 section 4, subdivision 2; Minnesota Rules, parts 1.44 7023.9000; 7023.9005; 7023.9010; 7023.9015; 7023.9020; 1.45 7023.9025; 7023.9030; 7023.9035; 7023.9040; 7023.9045; 1.46 7023.9050; 7080.0020, subparts 24c, 51a; 7080.0400; 2.1 7080.0450. 2.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.3 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.4 The sums shown in the columns marked "APPROPRIATIONS" are 2.5 appropriated from the general fund, or another named fund, to 2.6 the agencies and for the purposes specified in this article, to 2.7 be available for the fiscal years indicated for each purpose. 2.8 The figures "2001," "2002," and "2003," where used in this 2.9 article, mean that the appropriation or appropriations listed 2.10 under them are available for the year ending June 30, 2001, June 2.11 30, 2002, or June 30, 2003, respectively. The term "the first 2.12 year" means the year ending June 30, 2002, and the term "the 2.13 second year" means the year ending June 30, 2003. 2.14 SUMMARY BY FUND 2.15 2001 2002 2003 TOTAL 2.16 General $174,801,000 $174,286,000 $349,017,000 2.17 Petroleum Tank 3,511,000 3,616,000 7,127,000 2.18 State Government 2.19 Special Revenue 47,000 48,000 95,000 2.20 Environmental 18,418,000 17,912,000 36,218,000 2.21 Solid Waste 500,000 7,494,000 7,729,000 15,223,000 2.22 Natural Resources 45,324,000 45,531,000 90,855,000 2.23 Game and Fish 79,374,000 80,511,000 159,885,000 2.24 Special Revenue 29,210,000 8,780,000 37,990,000 2.25 Metropolitan 2.26 Landfill Contingency 7,100,000 -0- 7,100,000 2.27 Future Resources 14,815,000 340,000 15,155,000 2.28 Environmental and 2.29 Natural Resources 2.30 Trust Fund 17,239,000 17,238,000 34,477,000 2.31 Great Lakes 2.32 Protection 87,000 -0- 87,000 2.33 Oil Overcharge 90,000 -0- 90,000 2.34 TOTAL $ 500,000 $390,410,000 $355,991,000 $746,219,000 2.35 APPROPRIATIONS 2.36 Available for the Year 2.37 Ending June 30 2.38 2002 2003 2.39 Sec. 2. POLLUTION CONTROL 2.40 AGENCY 3.1 Subdivision 1. Total 3.2 Appropriation $57,912,000 $52,404,000 3.3 Summary by Fund 3.4 General 17,038,000 18,210,000 3.5 Petroleum Tank 3,511,000 3,616,000 3.6 Special Revenue 5,848,000 6,049,000 3.7 State Government 3.8 Special Revenue 47,000 48,000 3.9 Environmental 16,974,000 16,852,000 3.10 Solid Waste 500,000 7,394,000 7,629,000 3.11 Metropolitan 3.12 Landfill Contingency 7,100,000 -0- 3.13 The amounts that may be spent from this 3.14 appropriation for each program are 3.15 specified in the following subdivisions. 3.16 Subd. 2. Protection of the Water 3.17 14,823,000 15,129,000 3.18 Summary by Fund 3.19 General 11,032,000 11,138,000 3.20 Special Revenue 3,210,000 3,318,000 3.21 State Government 3.22 Special Revenue 47,000 48,000 3.23 Environmental 534,000 625,000 3.24 $2,348,000 the first year and 3.25 $2,348,000 the second year are for the 3.26 clean water partnership program. Any 3.27 balance remaining in the first year 3.28 does not cancel and is available for 3.29 the second year of the biennium. 3.30 $1,841,000 the first year and 3.31 $1,841,000 the second year are for 3.32 grants for county administration of the 3.33 feedlot permit program. These amounts 3.34 are transferred to the board of water 3.35 and soil resources for disbursement in 3.36 accordance with Minnesota Statutes, 3.37 section 103B.3369, in cooperation with 3.38 the pollution control agency. Grants 3.39 must be matched with a combination of 3.40 local cash and/or in-kind contributions. 3.41 Counties receiving these grants shall 3.42 submit an annual report to the 3.43 legislature and the pollution control 3.44 agency regarding activities conducted 3.45 under the grant, expenditures made, and 3.46 local match contributions. First 3.47 priority for funding shall be given to 3.48 counties that have requested and 3.49 received delegation from the pollution 3.50 control agency for processing of animal 3.51 feedlot permit applications under 3.52 Minnesota Statutes, section 116.07, 3.53 subdivision 7. For each year of the 4.1 grant, delegated counties shall be 4.2 eligible to receive an amount of 4.3 either: (1) $50 multiplied by the 4.4 number of feedlots with greater than 4.5 ten animal units as determined by (i) 4.6 registration data under Minnesota 4.7 Rules, part 7020.0350, (ii) if 4.8 registration data are not yet complete, 4.9 a level 1 feedlot inventory conducted 4.10 in accordance with the Feedlot 4.11 Inventory Guidebook published by the 4.12 board of water and soil resources, 4.13 dated June 1991, or (iii) if an 4.14 inventory has not been completed, the 4.15 number of livestock or poultry farms 4.16 with sales greater than $10,000, as 4.17 reported in the 1997 Census of 4.18 Agriculture, published by the United 4.19 States Bureau of Census; or (2) $80 4.20 multiplied by the number of feedlots 4.21 with greater than ten animal units as 4.22 determined by a level 2 or level 3 4.23 feedlot inventory conducted in 4.24 accordance with the Feedlot Inventory 4.25 Guidebook published by the board of 4.26 water and soil resources, dated June 4.27 1991. At a minimum, delegated counties 4.28 are eligible to receive a grant of 4.29 $7,500 per year. To receive the 4.30 additional funding that is based on the 4.31 county feedlot inventory, the inventory 4.32 information shall be current within the 4.33 most recent four-year period and the 4.34 county shall submit a copy of the 4.35 inventory to the pollution control 4.36 agency. Any remaining money is for 4.37 distribution to all counties on a 4.38 competitive basis through the challenge 4.39 grant process for the conducting of 4.40 feedlot inventories, development of 4.41 delegated county feedlot programs, and 4.42 for information and education or 4.43 technical assistance efforts to reduce 4.44 feedlot-related pollution hazards. Any 4.45 money remaining after the first year is 4.46 available for the second year. 4.47 $322,000 the first year and $322,000 4.48 the second year are for community 4.49 technical assistance and education, 4.50 including grants and technical 4.51 assistance to communities for local and 4.52 basinwide water quality protection. 4.53 $202,000 the first year and $202,000 4.54 the second year are for individual 4.55 sewage treatment system (ISTS) 4.56 administration. Of this amount, 4.57 $86,000 in each year is transferred to 4.58 the board of water and soil resources 4.59 for assistance to local units of 4.60 government through competitive grant 4.61 programs for ISTS program development. 4.62 $200,000 each year is for individual 4.63 sewage treatment system grants. Any 4.64 unexpended balance in the first year 4.65 does not cancel, but is available in 4.66 the second year. 4.67 $13,000 the first year and $100,000 the 5.1 second year are from the environmental 5.2 fund for implementation of the Lake 5.3 Superior Lakewide Management Plan 5.4 (LaMP). This is a one-time 5.5 appropriation and shall be supplemented 5.6 the first year by the appropriation 5.7 under section 8, subdivision 7, 5.8 paragraph (e). 5.9 Subd. 3. Protection of the Air 5.10 7,590,000 7,748,000 5.11 Summary by Fund 5.12 General 134,000 59,000 5.13 Environmental 7,456,000 7,689,000 5.14 Up to $150,000 the first year and 5.15 $150,000 the second year may be 5.16 transferred to the environmental fund 5.17 for the small business environmental 5.18 improvement loan program established in 5.19 Minnesota Statutes, section 116.993. 5.20 $200,000 each year from the 5.21 environmental fund is for a monitoring 5.22 program under Minnesota Statutes, 5.23 section 116.454. 5.24 Subd. 4. Protection of the Land 5.25 10,722,000 11,007,000 5.26 Summary by Fund 5.27 General 1,249,000 1,248,000 5.28 Petroleum Tank 2,218,000 2,270,000 5.29 Solid Waste 4,617,000 4,758,000 5.30 Special Revenue 2,638,000 2,731,000 5.31 $200,000 the first year and $200,000 5.32 the second year are from the solid 5.33 waste fund to be transferred to the 5.34 department of health for private water 5.35 supply monitoring and health assessment 5.36 costs in areas contaminated by 5.37 unpermitted mixed municipal solid waste 5.38 disposal facilities. 5.39 Subd. 5. Integrated 5.40 Environmental Programs 5.41 22,710,000 16,345,000 5.42 Summary by Fund 5.43 General 2,556,000 3,590,000 5.44 Petroleum Tank 1,293,000 1,346,000 5.45 Environmental 8,984,000 8,538,000 5.46 Solid Waste 2,777,000 2,871,000 5.47 Metropolitan 5.48 Landfill Contingency 7,100,000 -0- 6.1 $562,000 the first year and $574,000 6.2 the second year are from the petroleum 6.3 tank fund for purposes of the leaking 6.4 underground storage tank program to 6.5 protect the land. 6.6 $1,000,000 the first year from the 6.7 environmental fund is for grants for 6.8 compensation for remediation of 6.9 environmental contamination discovered 6.10 after issuance by the agency of a 6.11 certificate of completion for property 6.12 previously owned by the Port Authority 6.13 of the city of St. Paul and known as 6.14 the Empire Builder property in St. 6.15 Paul. This appropriation shall be used 6.16 to reimburse those parties that have 6.17 incurred cleanup costs at the Empire 6.18 Builder site. All claims of the state 6.19 of Minnesota for recovery of the 6.20 $1,400,000 in response costs against 6.21 responsible parties, under Minnesota 6.22 Statutes, chapter 115B, or any other 6.23 law, are assigned to the Port Authority 6.24 of the city of St. Paul. The Port 6.25 Authority of the city of St. Paul may 6.26 bring any claims, under Minnesota 6.27 Statutes, chapter 115B, or any other 6.28 law, for recovery of these cleanup 6.29 costs incurred by the state of 6.30 Minnesota. Recoverable costs also 6.31 include administrative, technical, and 6.32 legal expenses, including attorney 6.33 fees, to the extent provided by law. 6.34 Costs recovered by the Port Authority 6.35 of the city of St. Paul pursuant to the 6.36 assignment of claims, less 6.37 administrative, technical, and legal 6.38 expenses, including attorney fees, 6.39 shall, to the extent available, be 6.40 first used to reimburse the state of 6.41 Minnesota, up to the amount of the 6.42 appropriation. Nothing in this item of 6.43 appropriation shall be construed to 6.44 modify or otherwise limit the rights of 6.45 the Port Authority of the city of St. 6.46 Paul to recover cleanup costs or other 6.47 costs or damages as provided by 6.48 Minnesota Statutes, chapter 115B, or 6.49 any other law. 6.50 $7,100,000 the first year is from the 6.51 metropolitan landfill contingency 6.52 action trust fund for a grant to the 6.53 city of St. Paul to complete the 6.54 response action plan at the Pig's Eye 6.55 dump. This is a one-time appropriation 6.56 and is available until spent. 6.57 $1,025,000 the second year is for the 6.58 purposes of section 108. Twelve 6.59 full-time equivalent positions are 6.60 transferred from the office of 6.61 environmental assistance to the 6.62 pollution control agency in the second 6.63 year. 6.64 Subd. 6. Administrative Support 6.65 2,067,000 2,175,000 7.1 Subd. 7. Deficiency Appropriation 7.2 for FLSA 7.3 $500,000 in fiscal year 2001 is from 7.4 the solid waste fund for back pay owed 7.5 under settlements regarding overtime 7.6 under the federal Fair Labor Standards 7.7 Act. 7.8 Sec. 3. OFFICE OF ENVIRONMENTAL 7.9 ASSISTANCE 21,883,000 -0- 7.10 Summary by Fund 7.11 General 20,589,000 -0- 7.12 Environmental 1,294,000 -0- 7.13 $14,008,000 each year is for a transfer 7.14 to the department of revenue to 7.15 distribute SCORE block grants to 7.16 counties. 7.17 Any unencumbered grant and loan 7.18 balances in the first year do not 7.19 cancel but are available for grants and 7.20 loans in the second year. 7.21 All money deposited in the 7.22 environmental fund for the metropolitan 7.23 solid waste landfill fee in accordance 7.24 with Minnesota Statutes, section 7.25 473.843, and not otherwise 7.26 appropriated, is appropriated to the 7.27 office of environmental assistance for 7.28 the purposes of Minnesota Statutes, 7.29 section 473.844. 7.30 Sec. 4. ZOOLOGICAL BOARD 7,301,000 7,375,000 7.31 Sec. 5. NATURAL RESOURCES 7.32 Subdivision 1. Total 7.33 Appropriation 232,240,000 235,711,000 7.34 Summary by Fund 7.35 General 108,732,000 110,268,000 7.36 Natural Resources 45,324,000 45,531,000 7.37 Game and Fish 78,084,000 79,812,000 7.38 Solid Waste 100,000 100,000 7.39 The amounts that may be spent from this 7.40 appropriation for each program are 7.41 specified in the following subdivisions. 7.42 Subd. 2. Mineral Resources Management 7.43 6,985,000 7,082,000 7.44 Summary by Fund 7.45 General 6,406,000 6,488,000 7.46 Natural Resources 152,000 156,000 7.47 Game and Fish 427,000 438,000 8.1 $306,000 the first year and $306,000 8.2 the second year are for iron ore 8.3 cooperative research, of which $200,000 8.4 the first year and $200,000 the second 8.5 year are available only as matched by 8.6 $1 of nonstate money for each $1 of 8.7 state money. Any unencumbered balance 8.8 remaining in the first year does not 8.9 cancel but is available for the second 8.10 year. 8.11 $369,000 the first year and $369,000 8.12 the second year are for mineral 8.13 diversification. 8.14 $98,000 the first year and $98,000 the 8.15 second year are for minerals 8.16 cooperative environmental research, of 8.17 which $49,000 the first year and 8.18 $49,000 the second year are available 8.19 only as matched by $1 of nonstate money 8.20 for each $1 of state money. Any 8.21 unencumbered balance remaining in the 8.22 first year does not cancel but is 8.23 available for the second year. 8.24 Subd. 3. Water Resources Management 8.25 11,699,000 11,584,000 8.26 Summary by Fund 8.27 General 11,425,000 11,304,000 8.28 Natural Resources 274,000 280,000 8.29 $10,000 the first year and $10,000 the 8.30 second year are for payment to the 8.31 Leech Lake Band of Chippewa Indians to 8.32 implement its portion of the 8.33 comprehensive plan for the upper 8.34 Mississippi. 8.35 $50,000 the first year is for a grant 8.36 to the Blue Earth county board under 8.37 Minnesota Statutes, section 103G.511, 8.38 to study the feasibility of repairing 8.39 or removing Rapidan Dam. The county 8.40 board shall perform or have performed a 8.41 study of the dam to obtain information 8.42 on whether the dam should be repaired 8.43 or removed, including gathering 8.44 information on the repairs needed; 8.45 obtaining renewable energy production 8.46 incentives to accomplish the repairs 8.47 and future maintenance; comparing the 8.48 costs to repair or to remove the dam; 8.49 analyzing and estimating the cost of 8.50 repair or replacement of the bridge on 8.51 the dam, the right and left downstream 8.52 abutments, the retaining wall at the 8.53 power station, and the apron below the 8.54 spillway; and gauging public sentiment 8.55 for repairing or removing the dam. 8.56 This is a one-time appropriation. 8.57 Subd. 4. Forest Management 8.58 38,987,000 40,053,000 8.59 Summary by Fund 9.1 General 38,501,000 39,554,000 9.2 Natural Resources 486,000 499,000 9.3 $8,000,000 the first year and 9.4 $8,000,000 the second year are for 9.5 emergency firefighting. Of these 9.6 amounts, up to $7,000,000 each year may 9.7 be used for firefighting aircraft, 9.8 operation of the Minnesota interagency 9.9 fire center, seasonal and emergency 9.10 staffing, training, controlled burns, 9.11 and other presuppression and 9.12 preparedness costs. 9.13 If the balance in either year is 9.14 insufficient, the amount necessary to 9.15 pay all direct costs of suppression is 9.16 appropriated from the general fund. 9.17 Direct costs include, but are not 9.18 limited to, expanded staffing, regular 9.19 and overtime costs incurred by 9.20 permanent staff, costs associated with 9.21 equipment used in the direct 9.22 suppression of a fire incident, flight 9.23 time and base costs of helicopters and 9.24 airplanes, law enforcement and arson 9.25 investigation costs, costs associated 9.26 with the execution or enactment of an 9.27 emergency declaration, and search and 9.28 rescue costs. Any reimbursement from 9.29 any source, other than federal 9.30 mobilizations, must be deposited to the 9.31 general fund. 9.32 By November 15 of each year, the 9.33 commissioner of natural resources shall 9.34 submit a report to the chairs of the 9.35 house of representatives ways and means 9.36 committee, the senate finance 9.37 committee, the environment and 9.38 agriculture budget division of the 9.39 senate finance committee, and the house 9.40 of representatives environment and 9.41 natural resources finance committee, 9.42 identifying all firefighting costs 9.43 incurred and reimbursements received in 9.44 the prior fiscal year. The report must 9.45 be in a format agreed to by the house 9.46 and senate environmental committees, 9.47 the department, and the department of 9.48 finance. These appropriations may not 9.49 be transferred. 9.50 $724,000 the first year and $724,000 9.51 the second year are for programs and 9.52 practices on state, county, and private 9.53 lands to regenerate and protect 9.54 Minnesota's white pine. Up to $280,000 9.55 of the appropriation in each year may 9.56 be used by the commissioner to provide 9.57 50 percent matching funds to implement 9.58 cultural practices for white pine 9.59 management on nonindustrial, private 9.60 forest lands at rates specified in the 9.61 Minnesota stewardship incentives 9.62 program manual. Up to $150,000 of the 9.63 appropriation in each year may be used 9.64 by the commissioner to provide funds to 9.65 implement cultural practices for white 9.66 pine management on county-administered 10.1 lands through grant agreements with 10.2 individual counties, with priorities 10.3 for areas that experienced wind damage 10.4 in July 1995. $40,000 each year is for 10.5 a study of the natural regeneration 10.6 process of white pine. The remainder 10.7 of the funds in each fiscal year will 10.8 be available to the commissioner for 10.9 white pine regeneration and protection 10.10 on department-administered lands. 10.11 $62,000 the first year and $62,000 the 10.12 second year are for the focus on 10.13 community forests program, to provide 10.14 communities with natural resources 10.15 technical assistance. 10.16 $3,517,000 the first year and 10.17 $4,367,000 the second year are to be 10.18 used as follows: 10.19 (1) $550,000 the first year and 10.20 $1,150,000 the second year are for 10.21 field services; 10.22 (2) $250,000 the first year and 10.23 $500,000 the second year are for timber 10.24 sales; 10.25 (3) $210,000 the first year and 10.26 $210,000 the second year are for 10.27 commercial thinning; 10.28 (4) $1,147,000 the first year and 10.29 $1,147,000 the second year are for the 10.30 forest resources council for 10.31 implementation of the Sustainable 10.32 Forest Resources Act. 10.33 The commissioner may not reprogram the 10.34 appropriations in clauses (1) to (4) 10.35 above for other purposes. 10.36 The forest resources council shall 10.37 review monitoring, verification, and 10.38 auditing programs for forest management 10.39 activities. This review may include, 10.40 but is not limited to, activities 10.41 associated with compliance monitoring 10.42 conducted under Minnesota Statutes, 10.43 section 89A.07, subdivision 2, the 10.44 Sustainable Forestry Initiative, 10.45 Smartwood, Master Logger, and 10.46 International Organization for 10.47 Standardization criteria. The review 10.48 shall: 10.49 (1) describe the requirements and 10.50 activities for the programs reviewed; 10.51 (2) identify opportunities to establish 10.52 common standards and procedures for 10.53 conducting third-party field audits 10.54 among the various programs; 10.55 (3) identify opportunities for 10.56 coordinating and integrating 10.57 third-party field audits associated 10.58 with the various programs; and 10.59 (4) be completed and transmitted to the 11.1 chairs of the house and senate 11.2 environment and natural resources 11.3 committees, the house environment and 11.4 natural resources finance committee, 11.5 and the senate environment and 11.6 agriculture budget division by January 11.7 31, 2002. 11.8 Notwithstanding Minnesota Statutes, 11.9 section 16A.28, the appropriations 11.10 encumbered under contract on or before 11.11 June 30, 2003, for the forest health, 11.12 white pine, stewardship, and Minnesota 11.13 ReLeaf grants in this subdivision are 11.14 available until June 30, 2004. 11.15 Subd. 5. Parks and Recreation 11.16 Management 11.17 39,216,000 39,183,000 11.18 Summary by Fund 11.19 General 21,320,000 21,510,000 11.20 Natural Resources 17,896,000 17,673,000 11.21 $638,000 the first year and $640,000 11.22 the second year are from the water 11.23 recreation account in the natural 11.24 resources fund for state park 11.25 development projects. If the 11.26 appropriation in either year is 11.27 insufficient, the appropriation for the 11.28 other year is available for it. 11.29 $3,000,000 the first year and 11.30 $3,000,000 the second year are for 11.31 payment of a grant to the metropolitan 11.32 council for metropolitan area regional 11.33 parks maintenance and operations. 11.34 $242,000 the first year and $242,000 11.35 the second year are for state forest 11.36 campground operations. 11.37 $4,399,000 the first year and 11.38 $4,158,000 the second year are from the 11.39 natural resources fund for state park 11.40 and recreation area operations. This 11.41 appropriation is from the revenue 11.42 deposited to the natural resources fund 11.43 under Minnesota Statutes, section 11.44 297A.44, subdivision 1, paragraph (e), 11.45 clause (2). Of this amount: 11.46 (1) $1,805,000 the first year and 11.47 $1,805,000 the second year are to 11.48 restore camping and day use in state 11.49 parks, make camping available in the 11.50 spring and fall, provide maintenance to 11.51 the facilities and security for park 11.52 visitors, and partially fund winter 11.53 operations; 11.54 (2) $1,196,000 the first year and 11.55 $1,021,000 the second year are to fund 11.56 state park emergency maintenance 11.57 projects; 11.58 (3) $413,000 the first year and 12.1 $413,000 the second year are to fund 12.2 state park resource management 12.3 activities; 12.4 (4) $735,000 the first year is to fund 12.5 the purchase of the campground 12.6 manager/point-of-sale system for 28 12.7 state parks and to implement a revenue 12.8 system; 12.9 (5) $100,000 the first year and 12.10 $100,000 the second year are to make 12.11 improvements to the state park Web site 12.12 and provide additional state park 12.13 informational brochures and more state 12.14 park maps; 12.15 (6) $50,000 the first year and $50,000 12.16 the second year are to replace 12.17 computers in the field and regional 12.18 office locations according to 12.19 department standards; 12.20 (7) $75,000 the first year is to 12.21 complete master plans for both Big Bog 12.22 and Red River state recreation areas; 12.23 (8) $25,000 the first year and $25,000 12.24 the second year are for a grant to the 12.25 city of Taylors Falls for fire and 12.26 rescue operations in support of 12.27 Interstate park; and 12.28 (9) $744,000 the second year is for 12.29 operating costs, including fisheries 12.30 management, of the Red River state 12.31 recreation area. 12.32 The appropriations in clauses (1) to 12.33 (9) are one-time appropriations. 12.34 $5,131,000 the first year and 12.35 $5,131,000 the second year are from the 12.36 natural resources fund for a grant to 12.37 the metropolitan council for 12.38 metropolitan area regional parks and 12.39 trails maintenance and operations. 12.40 This appropriation is from the revenue 12.41 deposited to the natural resources fund 12.42 under Minnesota Statutes, section 12.43 297A.44, subdivision 1, paragraph (e), 12.44 clause (3). Of this amount: 12.45 (1) $450,000 the second year is for a 12.46 grant to the Minneapolis park and 12.47 recreation board for the construction 12.48 of a portion of the Bassett's Creek 12.49 trail to connect the Cedar Lake trail 12.50 and the Luce Line trail in 12.51 Minneapolis. This appropriation may be 12.52 used for the relocation of a soccer 12.53 field in the path of the trail; 12.54 (2) $500,000 the first year is for a 12.55 grant to the boards of commissioners of 12.56 Ramsey and Washington counties to 12.57 jointly prepare engineering design 12.58 documents for the rehabilitation of the 12.59 roadway and the development of an 12.60 adjacent trail for marked trunk highway 12.61 No. 120 from its intersection with Joy 13.1 Road to its intersection with 20th 13.2 Street in the city of North St. Paul, 13.3 for marked trunk highway No. 96 from 13.4 its intersection with marked trunk 13.5 highway No. 61 to its intersection with 13.6 marked trunk highway No. 244, and for 13.7 marked trunk highway No. 244 from its 13.8 intersection with marked trunk highway 13.9 No. 96 to and including its 13.10 intersection with Washington county 13.11 road 12. The design must be consistent 13.12 with the recommendations of the Lake 13.13 Links Trail Network Master Plan 13.14 prepared for Ramsey and Washington 13.15 counties; 13.16 (3) $100,000 is for a grant to the 13.17 Westwood Hills nature center in St. 13.18 Louis Park for making a boardwalk trail 13.19 handicapped accessible. This 13.20 appropriation is available when equally 13.21 matched by nonstate money; and 13.22 (4) $500,000 the second year is for a 13.23 grant to the city of Chanhassen for a 13.24 trail along the west side of trunk 13.25 highway No. 101 from trunk highway No. 13.26 5 to state highway No. 62. The city of 13.27 Chanhassen must contribute $750,000 in 13.28 matching funds. 13.29 The appropriations in clauses (1) to 13.30 (4) are one-time appropriations. 13.31 $70,000 the first year is for a grant 13.32 to the St. Croix Valley Heritage 13.33 Coalition, Inc. to repay private costs 13.34 incurred on a project that was 13.35 abandoned by the department. This is a 13.36 one-time appropriation. 13.37 Subd. 6. Trails and Waterways 13.38 Management 13.39 18,090,000 18,670,000 13.40 Summary by Fund 13.41 General 2,030,000 2,037,000 13.42 Natural Resources 15,165,000 15,323,000 13.43 Game and Fish 895,000 1,310,000 13.44 $4,424,000 the first year and 13.45 $4,424,000 the second year are from the 13.46 snowmobile trails and enforcement 13.47 account in the natural resources fund 13.48 for snowmobile grants-in-aid. 13.49 $259,000 the first year and $261,000 13.50 the second year are from the water 13.51 recreation account in the natural 13.52 resources fund for a safe harbor 13.53 program on Lake Superior. 13.54 $852,000 the first year and $852,000 13.55 the second year are from the natural 13.56 resources fund for state trail 13.57 operations. This appropriation is from 13.58 the revenue deposited to the natural 14.1 resources fund under Minnesota 14.2 Statutes, section 297A.44, subdivision 14.3 1, paragraph (e), clause (2). This is 14.4 a one-time appropriation. 14.5 $684,000 the first year and $684,000 14.6 the second year are from the natural 14.7 resources fund for trail grants to 14.8 local units of government on land to be 14.9 maintained for at least 20 years for 14.10 the purposes of the grant. This 14.11 appropriation is from the revenue 14.12 deposited to the natural resources fund 14.13 under Minnesota Statutes, section 14.14 297A.44, subdivision 1, paragraph (e), 14.15 clause (4). This is a one-time 14.16 appropriation. 14.17 The appropriation from the general fund 14.18 of $1,400,000 authorized in Laws 1998, 14.19 chapter 404, section 7, subdivision 26, 14.20 for Skunk Hollow trail in Yellow 14.21 Medicine and Chippewa counties is 14.22 reauthorized and appropriated to the 14.23 commissioner for the purpose of 14.24 developing the Minnesota River trail 14.25 according to Minnesota Statutes, 14.26 section 85.015, subdivision 23. 14.27 Notwithstanding Minnesota Statutes, 14.28 section 16A.28, the appropriations 14.29 encumbered under contract on or before 14.30 June 30, 2003, for the snowmobile, 14.31 all-terrain vehicle, off-highway 14.32 vehicle, and off-road vehicle grants in 14.33 this subdivision are available until 14.34 June 30, 2004. 14.35 Subd. 7. Fish Management 14.36 28,615,000 29,762,000 14.37 Summary by Fund 14.38 General 637,000 642,000 14.39 Natural Resources 191,000 197,000 14.40 Game and Fish 27,787,000 28,923,000 14.41 $217,000 the first year and $218,000 14.42 the second year are for resource 14.43 population surveys in the 1837 treaty 14.44 area. Of this amount, $84,000 the 14.45 first year and $85,000 the second year 14.46 are from the game and fish fund. 14.47 $45,000 the first year and $53,000 the 14.48 second year are from the game and fish 14.49 fund for programs of the division of 14.50 fisheries. This amount shall be 14.51 included in the department's base 14.52 appropriation. 14.53 $303,000 the first year and $311,000 14.54 the second year are for the reinvest in 14.55 Minnesota programs of game and fish, 14.56 critical habitat, and wetlands 14.57 established under Minnesota Statutes, 14.58 section 84.95, subdivision 2. 15.1 $666,000 the first year and $671,000 15.2 the second year are from the trout and 15.3 salmon management account for only the 15.4 purposes specified in Minnesota 15.5 Statutes, section 97A.075, subdivision 15.6 3. 15.7 $203,000 the first year and $203,000 15.8 the second year are available for 15.9 aquatic plant restoration. 15.10 $5,167,000 the first year and 15.11 $5,783,000 the second year are from the 15.12 heritage enhancement account in the 15.13 game and fish fund for only the 15.14 purposes specified in Minnesota 15.15 Statutes, section 297A.44, subdivision 15.16 1, paragraph (e), clause (1). This 15.17 appropriation is from the revenue 15.18 deposited to the game and fish fund 15.19 under Minnesota Statutes, section 15.20 297A.44, subdivision 1, paragraph (e), 15.21 clause (1). Of this amount: 15.22 (1) $1,980,000 the first year and 15.23 $1,980,000 the second year are to carry 15.24 out projects such as installing lake 15.25 aeration systems, removing access 15.26 barriers for physically disabled 15.27 anglers, building fishing piers, 15.28 modifying dams, constructing rough fish 15.29 barriers, conducting creel surveys, 15.30 improving streams, improving spawning 15.31 areas, repairing hatcheries and rearing 15.32 ponds, stabilizing lake shorelines, and 15.33 acquiring aquatic management areas and 15.34 trout stream easements; and to provide 15.35 field offices with some discretionary 15.36 money for local habitat improvements 15.37 and restorations in partnership with 15.38 local stakeholders and other department 15.39 units, for lake and stream surveys and 15.40 assessments, and for equipment to do 15.41 field projects; 15.42 (2) $250,000 the first year and 15.43 $250,000 the second year are to provide 15.44 more fishing opportunities for children 15.45 and other anglers on small lakes and 15.46 ponds in the Twin Cities metropolitan 15.47 area; 15.48 (3) $150,000 the first year and 15.49 $150,000 the second year are to protect 15.50 and restore aquatic vegetation and 15.51 other aquatic habitat in cooperation 15.52 with local stakeholders; 15.53 (4) $500,000 the first year and 15.54 $500,000 the second year are for asset 15.55 preservation and improvement of state 15.56 fish hatcheries and rearing ponds; 15.57 (5) $500,000 the first year and 15.58 $500,000 the second year are for 15.59 acquisitions of the division of 15.60 fisheries' highest priority 15.61 acquisitions; 15.62 (6) $150,000 the first year and 15.63 $150,000 the second year are to 16.1 maintain funding for three field 16.2 positions to do fish management 16.3 activities including fish culture and 16.4 stocking, lake and stream monitoring, 16.5 and habitat improvement; 16.6 (7) $553,000 the first year and 16.7 $553,000 the second year are for 16.8 accelerated walleye stocking; 16.9 (8) $134,000 the first year is for 16.10 restoration and aeration of Powderhorn 16.11 Lake in Minneapolis; 16.12 (9) $850,000 the first year is to be 16.13 used in cooperation with the city of 16.14 Minnetonka for site preparation and 16.15 construction of a multiuse water access 16.16 on Grays Bay, Lake Minnetonka; 16.17 (10) $100,000 the first year is for 16.18 necessary improvements at the Knife 16.19 river harbor of refuge and marina. 16.20 This appropriation is available until 16.21 spent; and 16.22 (11) $1,700,000 the second year is to 16.23 make grants from the stream protection 16.24 and improvement loan program under 16.25 Minnesota Statutes, section 103G.705. 16.26 The appropriations in clauses (1), 16.27 except for $950,000 each year, (2), (4) 16.28 to (6), and (8) to (11) are one-time 16.29 appropriations. 16.30 The division of fisheries shall provide 16.31 a written report to the chairs of the 16.32 house and senate natural resources 16.33 policy and finance committees by 16.34 January 1, 2003, on how the accelerated 16.35 walleye stocking money was spent, 16.36 including, but not limited to, lakes 16.37 that were stocked and the amount of 16.38 fry, frylings, or fingerlings stocked 16.39 and in which lakes. 16.40 $550,000 the first year and $550,000 16.41 the second year are from the heritage 16.42 enhancement account in the game and 16.43 fish fund for the walleye stocking 16.44 program. This appropriation is from 16.45 the revenue deposited to the game and 16.46 fish fund under Minnesota Statutes, 16.47 section 297A.44, subdivision 1, 16.48 paragraph (e), clause (1). 16.49 Notwithstanding Minnesota Statutes, 16.50 section 16A.28, the appropriations 16.51 encumbered under contract on or before 16.52 June 30, 2003, for the aquatic 16.53 restoration grants in this subdivision 16.54 are available until June 30, 2004. 16.55 Subd. 8. Wildlife Management 16.56 22,456,000 23,013,000 16.57 Summary by Fund 16.58 General 1,619,000 1,622,000 17.1 Game and Fish 20,837,000 21,391,000 17.2 $106,000 the first year and $106,000 17.3 the second year are for resource 17.4 population surveys in the 1837 treaty 17.5 area. Of this amount, $26,000 the 17.6 first year and $26,000 the second year 17.7 are from the game and fish fund. 17.8 $8,000 the first year and $8,000 the 17.9 second year are from the game and fish 17.10 fund for programs of the division of 17.11 wildlife. This amount shall be 17.12 included in the department's base 17.13 appropriation. 17.14 $8,000 the first year and $8,000 the 17.15 second year are from the game and fish 17.16 fund for the wild turkey management 17.17 program. This amount shall be included 17.18 in the department's base to be 17.19 transferred to the wild turkey 17.20 management account and is appropriated 17.21 for purposes under Minnesota Statutes, 17.22 section 97A.075, subdivision 5. 17.23 $552,000 the first year and $565,000 17.24 the second year are for the reinvest in 17.25 Minnesota programs of game and fish, 17.26 critical habitat, and wetlands 17.27 established under Minnesota Statutes, 17.28 section 84.95, subdivision 2. 17.29 $1,419,000 the first year and 17.30 $1,430,000 the second year are from the 17.31 wildlife acquisition surcharge account 17.32 for only the purposes specified in 17.33 Minnesota Statutes, section 97A.071, 17.34 subdivision 2a. 17.35 $1,245,000 the first year and 17.36 $1,269,000 the second year are from the 17.37 deer habitat improvement account for 17.38 only the purposes specified in 17.39 Minnesota Statutes, section 97A.075, 17.40 subdivision 1, paragraph (b). 17.41 $147,000 the first year and $148,000 17.42 the second year are from the deer and 17.43 bear management account for only the 17.44 purposes specified in Minnesota 17.45 Statutes, section 97A.075, subdivision 17.46 1, paragraph (c). 17.47 $699,000 the first year and $708,000 17.48 the second year are from the waterfowl 17.49 habitat improvement account for only 17.50 the purposes specified in Minnesota 17.51 Statutes, section 97A.075, subdivision 17.52 2. 17.53 $546,000 the first year and $546,000 17.54 the second year are from the pheasant 17.55 habitat improvement account for only 17.56 the purposes specified in Minnesota 17.57 Statutes, section 97A.075, subdivision 17.58 4. In addition to the purposes 17.59 specified in Minnesota Statutes, 17.60 section 97A.075, subdivision 4, this 17.61 appropriation may be used for pheasant 17.62 restocking efforts. 18.1 $308,000 the first year and $313,000 18.2 the second year are from the game and 18.3 fish fund for activities relating to 18.4 reduction and prevention of property 18.5 damage by wildlife. Of this amount, 18.6 $50,000 each year is for emergency 18.7 damage abatement materials. 18.8 $86,000 the first year and $87,000 the 18.9 second year are from the wild turkey 18.10 management account for only the 18.11 purposes specified in Minnesota 18.12 Statutes, section 97A.075, subdivision 18.13 5. 18.14 $2,585,000 the first year and 18.15 $2,790,000 the second year are from the 18.16 heritage enhancement account in the 18.17 game and fish fund for only the 18.18 purposes specified in Minnesota 18.19 Statutes, section 297A.44, subdivision 18.20 1, paragraph (e), clause (1). This 18.21 appropriation is from the revenue 18.22 deposited to the game and fish fund 18.23 under Minnesota Statutes, section 18.24 297A.44, subdivision 1, paragraph (e), 18.25 clause (1). Of this amount: 18.26 (1) $250,000 the first year and 18.27 $250,000 the second year are for 18.28 prescribed burning of grassland, 18.29 wetland, and forest habitats; 18.30 (2) $250,000 the first year and 18.31 $225,000 the second year are for 18.32 prairie grassland development including 18.33 the restoration of native species of 18.34 grasses and forbs on public lands and 18.35 for the improvement of existing stands 18.36 through interseeding and other 18.37 practices to improve stand diversity; 18.38 (3) $200,000 the first year and 18.39 $200,000 the second year are for the 18.40 development of forest openings and to 18.41 enhance mast production, regenerate 18.42 stands, improve thermal cover in order 18.43 to maintain healthy sustainable forest 18.44 wildlife populations, and improve 18.45 wildlife-related recreational 18.46 opportunities in forest habitats; 18.47 (4) $300,000 the first year and 18.48 $225,000 the second year are for 18.49 restoration of drained wetland basins 18.50 and improvement of existing basins 18.51 through water level maintenance and 18.52 water control structures to maintain 18.53 and improve habitats for wetland 18.54 dependent wildlife; 18.55 (5) $300,000 the first year and 18.56 $300,000 the second year are for the 18.57 completion of applied management 18.58 research and monitoring projects for 18.59 wetlands and forest wildlife 18.60 populations; 18.61 (6) $95,000 the first year and $400,000 18.62 the second year are for the state of 18.63 Minnesota to assume management of the 19.1 wolf, including monitoring wolf 19.2 populations, conducting cooperative 19.3 wolf depredation management, conducting 19.4 telemetry, and other applied research 19.5 and includes funding for a cooperative 19.6 agreement for depredation management 19.7 with United States Department of 19.8 Agriculture Wildlife Services. The 19.9 $400,000 the second year is only 19.10 available if the federal government 19.11 finalizes delisting the wolf from 19.12 protection under the Endangered Species 19.13 Act of 1973; 19.14 (7) $125,000 the first year and 19.15 $125,000 the second year are for the 19.16 shearing and burning of brushland 19.17 habitats to maintain and improve high 19.18 priority brushland ecosystems on public 19.19 and private lands across northern 19.20 Minnesota for sharp-tailed grouse, 19.21 moose, deer, and many other species 19.22 dependent on these areas; 19.23 (8) $1,000,000 the first year and 19.24 $1,000,000 the second year are for 19.25 development and rehabilitation of 19.26 wildlife management area lands and 19.27 includes boundary surveys and posting, 19.28 site cleanup and erosion control, 19.29 access development, and appropriate 19.30 cover establishment for wildlife 19.31 habitat. $945,000 the first year and 19.32 $950,000 the second year are available 19.33 for grants to local outdoor sports 19.34 clubs for habitat improvement projects 19.35 on wildlife management area lands; 19.36 (9) $35,000 the first year and $35,000 19.37 the second year are for waterfowl 19.38 development in Canada as authorized in 19.39 Minnesota Statutes, section 97A.127; 19.40 and 19.41 (10) $30,000 the first year and $30,000 19.42 the second year are to provide funds to 19.43 match private contributions for the 19.44 purpose of completing the capture, 19.45 relocation, and monitoring of prairie 19.46 chickens being reintroduced in west 19.47 central Minnesota. 19.48 The appropriations in clauses (1) to 19.49 (10) are one-time appropriations. 19.50 $13,000 the first year and $13,000 the 19.51 second year are to publicize the 19.52 critical habitat license plate match 19.53 program. 19.54 Notwithstanding Minnesota Statutes, 19.55 section 16A.28, the appropriations 19.56 encumbered under contract on or before 19.57 June 30, 2003, for the wildlife habitat 19.58 grants in this subdivision are 19.59 available until June 30, 2004. 19.60 Subd. 9. Ecological Services 19.61 9,835,000 8,963,000 20.1 Summary by Fund 20.2 General 3,693,000 3,717,000 20.3 Natural Resources 1,979,000 2,013,000 20.4 Game and Fish 4,163,000 3,233,000 20.5 $1,006,000 the first year and 20.6 $1,028,000 the second year are from the 20.7 nongame wildlife management account in 20.8 the natural resources fund for the 20.9 purpose of nongame wildlife management. 20.10 $253,000 the first year and $253,000 20.11 the second year are for population and 20.12 habitat objectives of the nongame 20.13 wildlife management program. 20.14 $593,000 the first year and $600,000 20.15 the second year are for the reinvest in 20.16 Minnesota programs of game and fish, 20.17 critical habitat, and wetlands 20.18 established under Minnesota Statutes, 20.19 section 84.95, subdivision 2. 20.20 $100,000 the first year and $100,000 20.21 the second year are for water 20.22 monitoring activities, including 20.23 integrated monitoring using biology, 20.24 chemistry, hydrology, and habitat 20.25 assessment for water quality assessment. 20.26 $12,000 the first year and $12,000 the 20.27 second year are to publicize the tax 20.28 donation checkoff to the nongame 20.29 wildlife program. 20.30 $970,000 the first year is from the 20.31 game and fish fund for the wildlife 20.32 conservation and restoration program. 20.33 This appropriation is for the planning 20.34 and implementation of a program that 20.35 addresses wildlife conservation and 20.36 restoration, wildlife-conservation 20.37 education, and wildlife-associated 20.38 recreation. 20.39 $1,406,000 the first year and 20.40 $1,406,000 the second year are from the 20.41 heritage enhancement account in the 20.42 game and fish fund for only the 20.43 purposes specified in Minnesota 20.44 Statutes, section 297A.44, subdivision 20.45 1, paragraph (e), clause (1). This 20.46 appropriation is from the revenue 20.47 deposited to the game and fish fund 20.48 under Minnesota Statutes, section 20.49 297A.44, subdivision 1, paragraph (e), 20.50 clause (1). Of this amount: 20.51 (1) $140,000 the first year and 20.52 $140,000 the second year are to provide 20.53 funding for the Minnesota county 20.54 biological survey; 20.55 (2) $220,000 the first year and 20.56 $220,000 the second year are to expand 20.57 the field effort of the nongame 20.58 wildlife program; 21.1 (3) $187,000 the first year and 21.2 $187,000 the second year are to upgrade 21.3 the management of ecological 21.4 information to improve its 21.5 accessibility for habitat management 21.6 and land use planning activities; 21.7 (4) $74,000 the first year and $74,000 21.8 the second year are to expand native 21.9 prairie stewardship on private lands; 21.10 (5) $100,000 the first year and 21.11 $100,000 the second year are to develop 21.12 educational products that interpret 21.13 emerging natural resource research and 21.14 management information on river and 21.15 stream ecosystems and natural 21.16 communities; 21.17 (6) $310,000 the first year and 21.18 $310,000 the second year are for 21.19 matching grants to protect native oak 21.20 forests from oak wilt; and 21.21 (7) $375,000 the first year and 21.22 $375,000 the second year are for 21.23 purchase and implementation of the 21.24 FORIST system to provide better 21.25 management, inventory, and habitat 21.26 information. 21.27 The appropriations in clauses (1) to 21.28 (7) are one-time appropriations. 21.29 Notwithstanding Minnesota Statutes, 21.30 section 16A.28, the appropriations 21.31 encumbered under contract on or before 21.32 June 30, 2003, for the milfoil program 21.33 grants in this subdivision are 21.34 available until June 30, 2004. 21.35 Subd. 10. Enforcement 21.36 25,020,000 25,833,000 21.37 Summary by Fund 21.38 General 4,212,000 4,233,000 21.39 Natural Resources 4,624,000 4,748,000 21.40 Game and Fish 15,616,000 15,989,000 21.41 Solid Waste 100,000 100,000 21.42 $1,082,000 the first year and 21.43 $1,082,000 the second year are from the 21.44 water recreation account in the natural 21.45 resources fund for grants to counties 21.46 for boat and water safety. 21.47 $106,000 the first year and $185,000 21.48 the second year are from the 21.49 all-terrain vehicle account in the 21.50 natural resources fund for 21.51 administration of the all-terrain 21.52 vehicle environment and safety 21.53 education and training program under 21.54 Minnesota Statutes, sections 84.925, 21.55 and 84.9256, subdivision 1. 22.1 $100,000 the first year and $100,000 22.2 the second year are from the solid 22.3 waste fund for solid waste enforcement 22.4 activities under Minnesota Statutes, 22.5 section 116.073. 22.6 $315,000 the first year and $315,000 22.7 the second year are from the snowmobile 22.8 trails and enforcement account in the 22.9 natural resources fund for grants to 22.10 local law enforcement agencies for 22.11 snowmobile enforcement activities. 22.12 $40,000 the first year and $40,000 the 22.13 second year are from the natural 22.14 resources fund for enforcement 22.15 activities relating to the iron range 22.16 off-highway vehicle recreation area. 22.17 Of the amount appropriated, $40,000 is 22.18 from the all-terrain vehicle account, 22.19 $32,000 is from the off-road vehicle 22.20 account, and $8,000 is from the 22.21 off-highway motorcycle account. 22.22 $130,000 the first year and $130,000 22.23 the second year are for protected class 22.24 employee recruitment and retention. 22.25 $468,000 the first year and $468,000 22.26 the second year is in addition to base 22.27 for hiring new conservation officers 22.28 after January 1, 2001. 22.29 $834,000 the first year and $844,000 22.30 the second year are from the heritage 22.31 enhancement account in the game and 22.32 fish fund for only the purposes 22.33 specified in Minnesota Statutes, 22.34 section 297A.44, subdivision 1, 22.35 paragraph (e), clause (1). This 22.36 appropriation is from the revenue 22.37 deposited to the game and fish fund 22.38 under Minnesota Statutes, section 22.39 297A.44, subdivision 1, paragraph (e), 22.40 clause (1). Of this amount: 22.41 (1) $664,000 the first year and 22.42 $664,000 the second year are for the 22.43 replacement of necessary equipment; and 22.44 (2) $170,000 the first year and 22.45 $180,000 the second year are to offset 22.46 increased gas costs. 22.47 The appropriations in clauses (1) and 22.48 (2) are one-time appropriations. 22.49 Overtime shall be distributed to 22.50 conservation officers at historical 22.51 levels. If funding for enforcement is 22.52 reduced because of an unallotment, the 22.53 overtime bank may be reduced in 22.54 proportion to reductions made in other 22.55 areas of the budget. 22.56 Notwithstanding Minnesota Statutes, 22.57 section 16A.28, appropriations 22.58 encumbered under contract on or before 22.59 June 30, 2003, for the boat and water 22.60 safety program are available until June 22.61 30, 2004. 23.1 Subd. 11. Operations Support 23.2 31,337,000 31,864,000 23.3 Summary by Fund 23.4 General 18,421,000 18,694,000 23.5 Natural Resources 4,557,000 4,642,000 23.6 Game and Fish 8,359,000 8,528,000 23.7 $363,000 the first year and $363,000 23.8 the second year are for technical 23.9 assistance and grants to assist local 23.10 government units and organizations in 23.11 the metropolitan area to acquire and 23.12 develop natural areas and greenways. 23.13 $1,938,000 the first year and 23.14 $1,958,000 the second year are for the 23.15 operations of the Minnesota 23.16 Conservation Corps youth programs. Of 23.17 this amount, $478,000 the first year 23.18 and $498,000 the second year are from 23.19 the natural resources fund. 23.20 The commissioner may contract with and 23.21 make grants to nonprofit agencies to 23.22 carry out the purposes, plans, and 23.23 programs of the office of youth 23.24 programs, Minnesota Conservation Corps. 23.25 $456,000 the first year and $456,000 23.26 the second year are from the natural 23.27 resources fund for grants to be divided 23.28 equally among the Minnesota Zoological 23.29 Garden, the city of St. Paul for the 23.30 Como Zoo and Conservatory, and the city 23.31 of Duluth Zoo. This appropriation is 23.32 from the revenue deposited to the 23.33 natural resources fund under Minnesota 23.34 Statutes, section 297A.44, subdivision 23.35 1, paragraph (e), clause (5). This is 23.36 a one-time appropriation. 23.37 Notwithstanding Minnesota Statutes, 23.38 section 16A.28, the appropriations 23.39 encumbered under contract on or before 23.40 June 30, 2003, for the metro greenways, 23.41 Red river, and community assistance 23.42 program grants in this subdivision are 23.43 available until June 30, 2004. 23.44 The base appropriation to the 23.45 commissioner of natural resources from 23.46 the game and fish fund for operations 23.47 support is reduced by $61,000 in the 23.48 first year and $69,000 in the second 23.49 year. 23.50 Sec. 6. BOARD OF WATER AND 23.51 SOIL RESOURCES 41,992,000 20,649,000 23.52 Summary by Fund 23.53 General 19,978,000 19,950,000 23.54 Special Revenue 20,724,000 -0- 23.55 Game and Fish 1,290,000 699,000 24.1 $5,268,000 the first year and 24.2 $5,268,000 the second year are for 24.3 natural resources block grants to local 24.4 governments. 24.5 The board shall reduce the amount of 24.6 the natural resource block grant to a 24.7 county by an amount equal to any 24.8 reduction in the county's general 24.9 services allocation to a soil and water 24.10 conservation district from the county's 24.11 previous year allocation. 24.12 Grants must be matched with a 24.13 combination of local cash or in-kind 24.14 contributions. The base grant portion 24.15 related to water planning must be 24.16 matched by an amount that would be 24.17 raised by a levy under Minnesota 24.18 Statutes, section 103B.3369. 24.19 $4,007,000 the first year and 24.20 $4,007,000 the second year are for 24.21 grants to soil and water conservation 24.22 districts for general purposes, 24.23 nonpoint engineering, and 24.24 implementation of the reinvest in 24.25 Minnesota (RIM) conservation reserve 24.26 program. Upon approval of the board, 24.27 expenditures may be made from these 24.28 appropriations for supplies and 24.29 services benefiting soil and water 24.30 conservation districts. 24.31 $4,120,000 the first year and 24.32 $4,120,000 the second year are for 24.33 grants to soil and water conservation 24.34 districts for cost-sharing contracts 24.35 for erosion control and water quality 24.36 management. Of this amount, at least 24.37 $1,000,000 the first year and 24.38 $1,000,000 the second year are for 24.39 grants for cost-sharing contracts for 24.40 water quality management on feedlots. 24.41 $189,000 the first year and $189,000 24.42 the second year are for grants to 24.43 watershed districts and other local 24.44 units of government in the southern 24.45 Minnesota river basin study area 2 for 24.46 floodplain management. If the 24.47 appropriation in either year is 24.48 insufficient, the appropriation in the 24.49 other year is available for it. 24.50 $400,000 the first year and $400,000 24.51 the second year are for the 24.52 administrative costs of easement and 24.53 grant programs. 24.54 $500,000 the first year and $500,000 24.55 the second year are for the special 24.56 projects cost-share program for erosion 24.57 and sediment control and water quality 24.58 improvement. This appropriation is 24.59 added to funds provided in the 24.60 department's base. 24.61 $20,724,000 the first year is from the 24.62 contingency account in the special 24.63 revenue fund for the Minnesota river 25.1 basin conservation reserve enhancement 25.2 program. This appropriation is to 25.3 acquire easements on frequently flooded 25.4 cropland, including land within the 25.5 100-year floodplain and the major 25.6 tributaries; on marginal cropland along 25.7 rivers and streams; and on drained or 25.8 altered wetlands in the Minnesota river 25.9 basin to protect soil, enhance water 25.10 quality, and support fish and wildlife 25.11 habitat as provided in Minnesota 25.12 Statutes, sections 103F.515 and 25.13 103F.516. $724,000 of this amount is 25.14 for implementation costs related to the 25.15 appropriation in Laws 2000, chapter 25.16 492, article 1, section 9, subdivision 25.17 3. 25.18 $2,967,000 is from the general fund for 25.19 implementation of easement costs of the 25.20 board of water and soil resources. 25.21 This appropriation is available until 25.22 June 30, 2004. 25.23 $1,290,000 the first year and $699,000 25.24 the second year are from the heritage 25.25 enhancement account in the game and 25.26 fish fund for only the purposes 25.27 specified in Minnesota Statutes, 25.28 section 297A.44, subdivision 1, 25.29 paragraph (e), clause (1). This 25.30 appropriation is from the revenue 25.31 deposited to the game and fish fund 25.32 under Minnesota Statutes, section 25.33 297A.44, subdivision 1, paragraph (e), 25.34 clause (1). Of this amount: 25.35 (1) $772,000 the first year and 25.36 $181,000 the second year are for 25.37 statewide technical assistance to 25.38 improve wildlife habitats on private 25.39 lands, including vegetation 25.40 establishment, management, and 25.41 stewardship planning, and other 25.42 wildlife habitat development and 25.43 management techniques; 25.44 (2) $75,000 the first year and $293,000 25.45 the second year are for management 25.46 assistance to lake associations and 25.47 shoreland owners; 25.48 (3) $218,000 the first year is for a 25.49 grant to the Chisago county soil and 25.50 water conservation district for lake 25.51 quality improvements in Chisago county; 25.52 and 25.53 (4) $225,000 the first year and 25.54 $225,000 the second year are to provide 25.55 technical assistance to local units of 25.56 government, citizen organizations, and 25.57 resource agencies. 25.58 The appropriations in clauses (1) to 25.59 (4) are one-time appropriations. 25.60 Any unencumbered balance in the board's 25.61 program of grants does not cancel at 25.62 the end of the first year and is 25.63 available for the second year for the 26.1 same grant program. 26.2 Sec. 7. SCIENCE MUSEUM 26.3 OF MINNESOTA 1,164,000 1,164,000 26.4 Sec. 8. MINNESOTA RESOURCES 26.5 Subdivision 1. Total 26.6 Appropriation $ 32,144,000 $ 17,578,000 26.7 Summary by Fund 26.8 Minnesota Future 26.9 Resources Fund 14,815,000 340,000 26.10 Environment and 26.11 Natural Resources 26.12 Trust Fund 17,239,000 17,238,000 26.13 Oil Overcharge 26.14 Money in the 26.15 Special Revenue Fund 90,000 -0- 26.16 Great Lakes 26.17 Protection Fund 87,000 -0- 26.18 Appropriations from the Minnesota 26.19 future resources fund and oil 26.20 overcharge money in the special revenue 26.21 fund are available for either year of 26.22 the biennium. 26.23 For appropriations from the environment 26.24 and natural resources trust fund, any 26.25 unencumbered balance remaining in the 26.26 first year does not cancel and is 26.27 available for the second year of the 26.28 biennium. 26.29 Unless otherwise provided, the amounts 26.30 in this section are available until 26.31 June 30, 2003, when projects must be 26.32 completed and final products delivered. 26.33 Subd. 2. Definitions 26.34 (a) "Future resources fund" means the 26.35 Minnesota future resources fund 26.36 referred to in Minnesota Statutes, 26.37 section 116P.13. 26.38 (b) "Great Lakes protection fund" means 26.39 the Great Lakes protection fund 26.40 referred to in Minnesota Statutes, 26.41 section 116Q.01. 26.42 (c) "Trust fund" means the Minnesota 26.43 environment and natural resources trust 26.44 fund referred to in Minnesota Statutes, 26.45 section 116P.02, subdivision 6. 26.46 (d) "Oil overcharge money" means the 26.47 money referred to in Minnesota 26.48 Statutes, section 4.071, subdivision 2. 26.49 Subd. 3. Administration 822,000 393,000 26.50 Summary by Fund 26.51 Future Resources 26.52 Fund 429,000 -0- 27.1 Trust Fund 393,000 393,000 27.2 (a) Legislative Commission on Minnesota 27.3 Resources 27.4 $389,000 of this appropriation is from 27.5 the future resources fund and $338,000 27.6 the first year and $338,000 the second 27.7 year are from the trust fund for 27.8 administration as provided in Minnesota 27.9 Statutes, section 116P.09, subdivision 27.10 5. 27.11 (b) Contract Administration 27.12 $40,000 of this appropriation is from 27.13 the future resources fund and $55,000 27.14 the first year and $55,000 the second 27.15 year are from the trust fund to the 27.16 commissioner of natural resources for 27.17 contract administration activities 27.18 assigned to the commissioner in this 27.19 section. This appropriation is 27.20 available until June 30, 2004. 27.21 Subd. 4. Fish and Wildlife 27.22 Habitat 9,457,000 8,563,000 27.23 Summary by Fund 27.24 Future Resources 27.25 Fund 895,000 -0- 27.26 Trust Fund 8,562,000 8,563,000 27.27 (a) Forest and Prairie Stewardship of 27.28 Private Lands 27.29 $272,000 the first year and $273,000 27.30 the second year are from the trust fund 27.31 to the commissioner of natural 27.32 resources, in cooperation with the 27.33 Minnesota Forestry Association and the 27.34 Nature Conservancy, to develop 27.35 stewardship plans for private prairie 27.36 and forested lands and to implement 27.37 natural resource projects by providing 27.38 matching money on a one-to-one basis to 27.39 private landowners. This appropriation 27.40 is available until June 30, 2004, at 27.41 which time the project must be 27.42 completed and final products delivered, 27.43 unless an earlier date is specified in 27.44 the work program. 27.45 (b) State Fish Hatchery Rehabilitation 27.46 $145,000 is from the future resources 27.47 fund to the commissioner of natural 27.48 resources to accelerate hatchery 27.49 rehabilitation. 27.50 (c) Enhancing Canada Goose 27.51 Hunting and Management 27.52 $340,000 is from the future resources 27.53 fund to the commissioner of natural 27.54 resources for an agreement with the 27.55 Minnesota Waterfowl Association to 27.56 acquire leases on private farmlands for 28.1 foraging sites and public hunting 28.2 opportunities and to provide technical 28.3 assistance to local units of government 28.4 in developing controlled hunts for 28.5 nuisance geese. 28.6 (d) Biological Control of 28.7 Eurasian Water Milfoil and 28.8 Purple Loosestrife - Continuation 28.9 $45,000 the first year and $45,000 the 28.10 second year are from the trust fund to 28.11 the commissioner of natural resources 28.12 for the fifth biennium of a five 28.13 biennia project to develop and 28.14 implement biological controls for 28.15 Eurasian water milfoil and purple 28.16 loosestrife. This appropriation is 28.17 available until June 30, 2004, at which 28.18 time the project must be completed and 28.19 final products delivered, unless an 28.20 earlier date is specified in the work 28.21 program. 28.22 (e) Restoring Minnesota's 28.23 Fish and Wildlife Habitat 28.24 Corridors 28.25 $5,873,000 the first year and 28.26 $5,872,000 the second year are from the 28.27 trust fund to the commissioner of 28.28 natural resources for acceleration of 28.29 agency programs and cooperative 28.30 agreements with Minnesota Waterfowl 28.31 Association, Minnesota Deer Hunters 28.32 Association, Ducks Unlimited, Inc., 28.33 National Wild Turkey Federation, 28.34 Pheasants Forever, The Nature 28.35 Conservancy, Minnesota Land Trust, 28.36 Trust for Public Land, U.S. Fish and 28.37 Wildlife Service, Bureau of Indian 28.38 Affairs, Natural Resources Conservation 28.39 Service, and the U.S. Forest Service to 28.40 restore and acquire fragmented 28.41 landscape corridors that connect areas 28.42 of quality habitat to sustain fish, 28.43 wildlife, and plants. $352,000 is for 28.44 program coordination, corridor 28.45 identification, and mapping. 28.46 $3,343,000 is for restoration and 28.47 management activities in wildlife 28.48 management areas, wetland habitat, 28.49 lakes, wild rice beds, grasslands, and 28.50 fisheries habitat. $2,650,000 is for 28.51 conservation easement programs on 28.52 riparian areas, big woods forests, 28.53 native prairies, and wetlands. 28.54 $5,400,000 is for habitat acquisition 28.55 activities on prairies, riparian areas, 28.56 and other fish and wildlife habitat 28.57 corridors. As part of the required 28.58 work program, criteria and priorities 28.59 for planned acquisition and restoration 28.60 activities must be submitted to the 28.61 legislative commission on Minnesota 28.62 resources for review and approval. 28.63 Land acquired with this appropriation 28.64 must be sufficiently improved to meet 28.65 at least minimum management standards 28.66 as determined by the commissioner of 28.67 natural resources. Any land acquired 29.1 in fee title by the commissioner of 29.2 natural resources with money from this 29.3 appropriation must be designated: 29.4 (1) as an outdoor recreation unit under 29.5 Minnesota Statutes, section 86A.07; or 29.6 (2) as provided in Minnesota Statutes, 29.7 sections 89.018, subdivision 2, 29.8 paragraph (a); 97A.101; 97A.125; 29.9 97C.001; and 97C.011. 29.10 The commissioner may so designate any 29.11 lands acquired in less than fee title. 29.12 This appropriation is available until 29.13 June 30, 2004, at which time the 29.14 project must be completed and final 29.15 products delivered, unless an earlier 29.16 date is specified in the work program. 29.17 (f) Engineering Support for 29.18 Public Lands Waterfowl 29.19 Projects 29.20 $275,000 is from the future resources 29.21 fund to the commissioner of natural 29.22 resources for an agreement with Ducks 29.23 Unlimited, Inc., to provide survey and 29.24 engineering support to natural 29.25 resources agencies for waterfowl 29.26 projects on public lands. 29.27 (g) Metro Greenways 29.28 $1,365,000 the first year and 29.29 $1,365,000 the second year are from the 29.30 trust fund to the commissioner of 29.31 natural resources for the metro 29.32 greenways program for planning, 29.33 improving, and protecting important 29.34 natural areas in the metropolitan 29.35 region through grants, contracted 29.36 services, conservation easements, and 29.37 fee acquisition. Land acquired with 29.38 this appropriation must be sufficiently 29.39 improved to meet at least minimum 29.40 management standards as determined by 29.41 the commissioner of natural resources. 29.42 This appropriation is available until 29.43 June 30, 2004, at which time the 29.44 project must be completed and final 29.45 products delivered, unless an earlier 29.46 date is specified in the work program. 29.47 (h) Acquisition of Lands as 29.48 Scientific and Natural Areas 29.49 $227,000 the first year and $228,000 29.50 the second year are from the trust fund 29.51 to the commissioner of natural 29.52 resources to acquire land with natural 29.53 features of statewide significance in 29.54 the scientific and natural area program 29.55 long-range plan and to improve land 29.56 acquired with this appropriation. Land 29.57 acquired with this appropriation must 29.58 be sufficiently improved to meet at 29.59 least minimum management standards as 29.60 determined by the commissioner of 29.61 natural resources. 30.1 (i) Big Rivers Partnership: 30.2 Helping Communities to Restore 30.3 Habitat 30.4 $325,000 the first year and $325,000 30.5 the second year are from the trust fund 30.6 to the commissioner of natural 30.7 resources for an agreement with Great 30.8 River Greening to implement private and 30.9 public habitat projects on a cost-share 30.10 basis in the Mississippi and Minnesota 30.11 River valleys. This appropriation is 30.12 available until June 30, 2004, at which 30.13 time the project must be completed and 30.14 final products delivered, unless an 30.15 earlier date is specified in the work 30.16 program. 30.17 (j) Acquisition of 30.18 Eagle Creek's Last Private Land 30.19 $455,000 the first year and $455,000 30.20 the second year are from the trust fund 30.21 to the commissioner of natural 30.22 resources for an agreement with the 30.23 city of Savage to acquire a buffer 30.24 strip along Eagle Creek for transfer 30.25 and dedication as an aquatic management 30.26 area. Acquisition expenses incurred 30.27 prior to July 1, 2001, may be 30.28 reimbursed by the commissioner. Land 30.29 acquired with this appropriation must 30.30 be sufficiently improved to meet at 30.31 least minimum management standards as 30.32 determined by the commissioner of 30.33 natural resources. 30.34 (k) Neighborhood Wilds 30.35 Program 30.36 $135,000 is from the future resources 30.37 fund to the commissioner of natural 30.38 resources for the neighborhood wilds 30.39 program to assist neighborhoods 30.40 adjacent to public lands and natural 30.41 areas in restoration and management of 30.42 habitat through demonstration 30.43 projects. This appropriation is 30.44 available until June 30, 2004, at which 30.45 time the project must be completed and 30.46 final products delivered, unless an 30.47 earlier date is specified in the work 30.48 program. 30.49 Subd. 5. Recreation 16,767,000 7,120,000 30.50 Summary by Fund 30.51 Future Resources 30.52 Fund 9,986,000 340,000 30.53 Trust Fund 6,781,000 6,780,000 30.54 (a) Metropolitan Regional 30.55 Parks Acquisition, 30.56 Rehabilitation, and Development 30.57 $1,800,000 the first year is from the 30.58 future resources fund for a grant to 30.59 the city of St. Paul to restore East 30.60 Como Lake trail and lakeshore in Como 31.1 park. The money is available until 31.2 expended. 31.3 $696,000 the first year and $696,000 31.4 the second year are from the trust fund 31.5 to the Port Authority of the city of 31.6 St. Paul for the acquisition of certain 31.7 properties in the Trout Brook area for 31.8 the reestablishment of natural habitat 31.9 as well as recreational and 31.10 environmental educational opportunities. 31.11 $2,823,000 the first year and 31.12 $2,822,000 the second year are from the 31.13 trust fund and $550,000 the first year 31.14 is from the future resources fund to 31.15 the commissioner of natural resources 31.16 for an agreement with the metropolitan 31.17 council for subgrants for acquisition, 31.18 development, and rehabilitation in the 31.19 metropolitan regional park system, 31.20 consistent with the metropolitan 31.21 council regional recreation open space 31.22 capital improvement plan. This 31.23 appropriation may not be used for the 31.24 purchase of residential structures. 31.25 This appropriation may be used to 31.26 reimburse implementing agencies for 31.27 acquisition of nonresidential property 31.28 as expressly approved in the work 31.29 program. This appropriation is 31.30 available until June 30, 2004, at which 31.31 time the project must be completed and 31.32 final products delivered, unless an 31.33 earlier date is specified in the work 31.34 program. 31.35 (b) Local Grants Initiative: 31.36 Program Outdoor Recreation 31.37 Grants 31.38 $1,372,000 the first year and 31.39 $1,372,000 the second year are from the 31.40 trust fund and $1,261,000 is from the 31.41 future resources fund to the 31.42 commissioner of natural resources for 31.43 matching grants: 31.44 (1) for regional parks outside the 31.45 metropolitan area as defined in 31.46 Minnesota Statutes, section 473.121; 31.47 (2) for local parks, outdoor recreation 31.48 areas, and natural and scenic areas 31.49 under Minnesota Statutes, section 31.50 85.019; 31.51 (3) for statewide conservation partners 31.52 grants of up to $20,000 each to 31.53 encourage private organizations and 31.54 local governments to cost-share 31.55 improvements of fish, wildlife, and 31.56 native plant habitats and research and 31.57 surveys of fish and wildlife; and 31.58 (4) for environmental partnerships 31.59 program grants of up to $20,000 each 31.60 for environmental service projects and 31.61 related education activities through 31.62 public and private partnerships. 32.1 Grants under clause (1) may provide up 32.2 to 60 percent of the nonfederal share 32.3 of the project cost. Grants under 32.4 clauses (2) to (4) may provide up to 50 32.5 percent of the nonfederal share of the 32.6 project cost. 32.7 $100,000 is to the city of Maplewood to 32.8 complete restoration of the historic 32.9 Bruentrup farm in Maplewood, which will 32.10 be operated for environmental education 32.11 purposes. 32.12 $100,000 the first year is for a grant 32.13 to Chisago county for improvements to a 32.14 county park. This amount must be 32.15 matched by one dollar of nonstate money 32.16 for each dollar of state money. This 32.17 is a one-time appropriation. 32.18 The commission will monitor the grants 32.19 for approximate balance over extended 32.20 periods of time between the 32.21 metropolitan area, under Minnesota 32.22 Statutes, section 473.121, subdivision 32.23 2, and the nonmetropolitan area through 32.24 work program oversight and periodic 32.25 allocation decisions. For the purposes 32.26 of this paragraph, the match must be a 32.27 nonstate contribution, but may be 32.28 either cash or qualifying in kind. 32.29 Recipients may receive funding for more 32.30 than one project in any given grant 32.31 period. This appropriation is 32.32 available until June 30, 2004, at which 32.33 time the project must be completed and 32.34 final products delivered. 32.35 (c) Regional and Local Trail 32.36 Grants 32.37 $1,000,000 is from the future resources 32.38 fund to the commissioner of natural 32.39 resources for matching trail grants on 32.40 a one-to-one basis to local units of 32.41 government, under Minnesota Statutes, 32.42 section 85.019, for trail linkages 32.43 between communities, trails, and parks, 32.44 and for locally funded trails of 32.45 regional significance outside the 32.46 metropolitan area, under Minnesota 32.47 Statutes, section 473.121. If a 32.48 project financed under this program 32.49 receives a federal grant, the 32.50 availability of the financing from this 32.51 subdivision for that project is 32.52 extended to equal the period of the 32.53 federal grant. 32.54 (d) Outdoors for Everyone: 32.55 Accessing Recreational Trails 32.56 and Facilities 32.57 $115,000 the first year and $115,000 32.58 the second year are from the trust fund 32.59 to the commissioner of natural 32.60 resources for an agreement with 32.61 Wilderness Inquiry to provide technical 32.62 assistance to local units of government 32.63 for development of publicly funded 32.64 trails and outdoor recreation 33.1 facilities to ensure that federal 33.2 standards for accessibility for persons 33.3 with disabilities are met. 33.4 (e) Water Recreation: Boat 33.5 Access, Fishing Piers, and 33.6 Shorefishing 33.7 $455,000 the first year and $455,000 33.8 the second year are from the trust fund 33.9 to the commissioner of natural 33.10 resources to acquire and develop public 33.11 water access sites statewide, to 33.12 construct shorefishing and pier sites, 33.13 and to restore shorelands at public 33.14 accesses. This appropriation is 33.15 available until June 30, 2004, at which 33.16 time the project must be completed and 33.17 final products delivered, unless an 33.18 earlier date is specified in the work 33.19 program. 33.20 (f) Grays Bay, Lake 33.21 Minnetonka Public Water 33.22 Access 33.23 $2,000,000 is from the future resources 33.24 fund to the commissioner of natural 33.25 resources to acquire, in cooperation 33.26 with the city of Minnetonka, 33.27 approximately five acres for a multiuse 33.28 water access site on Grays Bay, Lake 33.29 Minnetonka. 33.30 (g) McQuade Public Access 33.31 $500,000 is from the future resources 33.32 fund to the commissioner of natural 33.33 resources to develop a public access 33.34 for Lake Superior in cooperation with 33.35 the McQuade Joint Powers Board, U.S. 33.36 Army Corps of Engineers, and local 33.37 units of government. 33.38 (h) Land Acquisition at the 33.39 Minnesota Landscape Arboretum 33.40 $365,000 the first year and $365,000 33.41 the second year are from the trust fund 33.42 to the University of Minnesota for an 33.43 agreement with the University of 33.44 Minnesota Landscape Arboretum 33.45 Foundation for the fourth biennium to 33.46 acquire in-holdings of the Minnesota 33.47 Landscape Arboretum. This 33.48 appropriation must be matched by at 33.49 least $730,000 of nonstate money. This 33.50 appropriation is available until June 33.51 30, 2004, at which time the project 33.52 must be completed and final products 33.53 delivered, unless an earlier date is 33.54 specified in the work program. 33.55 (i) Gateway Trail Bridge 33.56 $530,000 is from the future resources 33.57 fund to the commissioner of natural 33.58 resources for a trail bridge over state 33.59 highway No. 96 and expanded parking. 33.60 (j) State Trail Projects 34.1 $455,000 the first year and $455,000 34.2 the second year are from the trust fund 34.3 to the commissioner of natural 34.4 resources to provide matching funds for 34.5 state trail projects eligible to 34.6 receive federal TEA-21 funds. If a 34.7 project financed under this program 34.8 receives a federal grant, the 34.9 availability of the financing from this 34.10 subdivision for that project is 34.11 extended to equal the period of the 34.12 federal grant. 34.13 (k) Gitchi-Gami State Trail 34.14 $500,000 the first year and $500,000 34.15 the second year are from the trust fund 34.16 to the commissioner of natural 34.17 resources, in cooperation with the 34.18 Gitchi-Gami Trail Association, for the 34.19 second biennium to acquire and develop 34.20 approximately four miles of the Gitchi- 34.21 Gami state trail between Gooseberry 34.22 Falls state park and the Split Rock 34.23 river. As a condition of this 34.24 appropriation, the commissioner must 34.25 apply for federal TEA-21 funds for 34.26 funding of this portion of the trail, 34.27 and must report back to the legislative 34.28 commission on Minnesota resources prior 34.29 to any expenditure. This appropriation 34.30 is available until June 30, 2004, at 34.31 which time the project must be 34.32 completed and final products delivered, 34.33 unless an earlier date is specified in 34.34 the work program. 34.35 (l) Forest History Center 34.36 Interpretive Trail 34.37 $90,000 is from the future resources 34.38 fund to the Minnesota historical 34.39 society to design and upgrade trails at 34.40 the Forest History Center in Grand 34.41 Rapids. 34.42 (m) Mesabi Trail Facility 34.43 $190,000 is from the future resources 34.44 fund to the commissioner of natural 34.45 resources for an agreement with the St. 34.46 Louis and Lake Counties Regional Rail 34.47 Authority for the authority to acquire 34.48 land and design a Mesabi trail center 34.49 building. 34.50 (n) Regional Trailhead 34.51 Building 34.52 $135,000 is from the future resources 34.53 fund to the commissioner of natural 34.54 resources for an agreement with the 34.55 Itasca county land department to 34.56 complete construction of a trailhead 34.57 building at Itasca county fairgrounds 34.58 to serve regional trail users. 34.59 (o) Development and 34.60 Rehabilitation of Recreational 34.61 Shooting Ranges 35.1 $910,000 is from the future resources 35.2 fund to the commissioner of natural 35.3 resources to provide cost-share grants 35.4 on a one-to-one basis to local 35.5 recreational shooting clubs for the 35.6 purpose of developing or rehabilitating 35.7 shooting sports facilities for public 35.8 use. Recipient facilities must be open 35.9 to the general public at reasonable 35.10 times and for a reasonable fee on a 35.11 walk-in basis. 35.12 (p) State Park and 35.13 Recreation Area Acquisition 35.14 $616,000 is from the future resources 35.15 fund to the commissioner of natural 35.16 resources for acquisition of 35.17 in-holdings for state park and 35.18 recreation areas. Land acquired with 35.19 this appropriation must be sufficiently 35.20 improved to meet at least minimum 35.21 management standards as determined by 35.22 the commissioner of natural resources. 35.23 (q) LAWCON 35.24 $404,000 the first year and $340,000 35.25 the second year are from the future 35.26 resources fund to the commissioner of 35.27 natural resources for projects allowed 35.28 under the federal Land and Water 35.29 Conservation Fund Act. 35.30 Subd. 6. Water Resources 2,130,000 115,000 35.31 Summary by Fund 35.32 Future Resources 35.33 Fund 2,015,000 -0- 35.34 Trust Fund 115,000 115,000 35.35 (a) Accelerated 35.36 Implementation of Local 35.37 Water Plans 35.38 $1,365,000 is from the future resources 35.39 fund to the board of water and soil 35.40 resources to accelerate the local water 35.41 planning challenge grant program under 35.42 Minnesota Statutes, sections 103B.3361 35.43 to 103B.3369, through the 35.44 implementation of high-priority 35.45 activities in comprehensive water 35.46 management plans on a one-to-one match 35.47 basis of cash or interest in land and 35.48 for a program reporting system. This 35.49 appropriation is available until June 35.50 30, 2004, at which time the project 35.51 must be completed and final products 35.52 delivered, unless an earlier date is 35.53 specified in the work program. 35.54 (b) Green Infrastructure 35.55 Design Strategies in 35.56 Washington, Ramsey, and 35.57 Dakota Counties 35.58 $275,000 is from the future resources 35.59 fund to the University of Minnesota to 36.1 develop green infrastructure design 36.2 strategies for incorporation into 36.3 public works projects. 36.4 (c) Denitrification Strategies for 36.5 Minnesota's Contaminated Aquifers 36.6 $115,000 the first year and $115,000 36.7 the second year are from the trust fund 36.8 to the University of Minnesota to 36.9 assess denitrification technology to 36.10 remediate nitrate-contaminated 36.11 groundwater. This appropriation is 36.12 available until June 30, 2004, at which 36.13 time the project must be completed and 36.14 final products delivered, unless an 36.15 earlier date is specified in the work 36.16 program. 36.17 (d) Determination of Fecal 36.18 Pollution Sources in Minnesota 36.19 Watersheds 36.20 $275,000 is from the future resources 36.21 fund to the University of Minnesota for 36.22 the second biennium to determine 36.23 sources of fecal pollution in three 36.24 impacted watersheds utilizing DNA 36.25 fingerprinting techniques, and evaluate 36.26 the efficacy of implemented and 36.27 proposed abatement procedures to 36.28 remediate fecal contamination. 36.29 (e) Mississippi Headwaters 36.30 Board: Environmental Economic 36.31 Assessments 36.32 $100,000 is from the future resources 36.33 fund to the commissioner of natural 36.34 resources for an agreement with the 36.35 Mississippi Headwaters Board to 36.36 accelerate the river watch watershed 36.37 monitoring program and integrate 36.38 economic and water data analysis into 36.39 decision-making tools for landowners 36.40 and local units of government. 36.41 Subd. 7. Land Use and 36.42 Natural Resource Information 967,000 810,000 36.43 Summary by Fund 36.44 Future Resources 36.45 Fund 70,000 -0- 36.46 Trust Fund 810,000 810,000 36.47 Great Lakes 36.48 Protection Fund 87,000 -0- 36.49 (a) Hydraulic Impacts of 36.50 Quarries and Gravel Pits 36.51 $160,000 the first year and $160,000 36.52 the second year are from the trust fund 36.53 to the commissioner of natural 36.54 resources to research and evaluate the 36.55 impact of aggregate extraction on 36.56 groundwater quality and quantity. This 36.57 appropriation is available until June 36.58 30, 2004, at which time the project 37.1 must be completed and final products 37.2 delivered, unless an earlier date is 37.3 specified in the work program. 37.4 (b) GIS Management in 37.5 Koochiching County 37.6 $70,000 is from the future resources 37.7 fund to the commissioner of natural 37.8 resources for an agreement with 37.9 Koochiching county to develop 37.10 parcel-based GIS capability for 37.11 Koochiching county for land use, 37.12 natural resource, and fiscal data. 37.13 (c) Updating Outmoded Soil 37.14 Surveys - Continuation 37.15 $250,000 the first year and $250,000 37.16 the second year are from the trust fund 37.17 to the board of water and soil 37.18 resources for the second biennium of a 37.19 three biennia project to accelerate a 37.20 statewide program to update and 37.21 digitize outmoded soil surveys in four 37.22 southeast Minnesota counties. 37.23 Participating counties must provide a 37.24 cost share. This appropriation is 37.25 available until June 30, 2004, at which 37.26 time the project must be completed and 37.27 final products delivered, unless an 37.28 earlier date is specified in the work 37.29 program. 37.30 (d) Minnesota County Biological 37.31 Survey - Continuation 37.32 $400,000 the first year and $400,000 37.33 the second year are from the trust fund 37.34 to the commissioner of natural 37.35 resources for the eighth biennium of a 37.36 12 biennia project to accelerate the 37.37 survey that identifies significant 37.38 natural areas and systematically 37.39 collects and interprets data on the 37.40 distribution and ecology of natural 37.41 communities, rare plants, and animals. 37.42 (e) Lake Superior Lakewide 37.43 Management Plan (LaMP) 37.44 $87,000 the first year is from the 37.45 Great Lakes protection fund for 37.46 implementation of the Lake Superior 37.47 Lakewide Management Plan (LaMP). This 37.48 is a one-time appropriation and must be 37.49 supplemented in the first year by the 37.50 appropriation in section 2, subdivision 37.51 2. 37.52 Subd. 8. Agriculture and 37.53 Natural Resource Industries 547,000 103,000 37.54 Summary by Fund 37.55 Future Resources 37.56 Fund 445,000 -0- 37.57 Trust Fund 102,000 103,000 37.58 Oil Overcharge 38.1 Money 90,000 -0- 38.2 (a) Evaluating Timber 38.3 Harvesting and Forest Management 38.4 Guidelines 38.5 $200,000 is from the future resources 38.6 fund to the University of Minnesota, in 38.7 cooperation with the Minnesota forest 38.8 resources council, to initiate an 38.9 evaluation of the effectiveness of 38.10 forest management timber harvesting 38.11 guidelines for riparian areas. This is 38.12 the first biennium of a five biennia 38.13 project. This appropriation is 38.14 available until June 30, 2004, at which 38.15 time the project must be completed and 38.16 final products delivered, unless an 38.17 earlier date is specified in the work 38.18 program. 38.19 (b) Agricultural Land 38.20 Preservation 38.21 $102,000 the first year and $103,000 38.22 the second year are from the trust fund 38.23 to the commissioner of agriculture in 38.24 cooperation with Dakota county for 38.25 educational materials, training, and 38.26 workshops on agricultural land use 38.27 planning tools. 38.28 (c) Environmental Practices 38.29 on Dairy Farms 38.30 $245,000 is from the future resources 38.31 fund to the commissioner of natural 38.32 resources for an agreement with the 38.33 Minnesota Milk Producers Association to 38.34 assist dairy producers in complying 38.35 with environmental quality regulations. 38.36 (d) Accelerated Technology 38.37 Transfer for Starch-Based 38.38 Plastics 38.39 $90,000 is from the oil overcharge 38.40 money to the University of Minnesota to 38.41 produce and market biodegradable, 38.42 starch-based plastic. 38.43 Subd. 9. Environmental Education 1,451,000 474,000 38.44 Summary by Fund 38.45 Future Resources 38.46 Fund 975,000 -0- 38.47 Trust Fund 476,000 474,000 38.48 (a) Uncommon Ground: An 38.49 Educational Television Series 38.50 $228,000 the first year and $227,000 38.51 the second year are from the trust fund 38.52 to the University of Minnesota for the 38.53 second biennium of a two biennia 38.54 project to complete production of a 38.55 multipart televised film series of the 38.56 history of Minnesota's natural 38.57 landscapes. 39.1 (b) WaterScapes: Outdoor 39.2 Nonpoint Source Pollution 39.3 Education 39.4 $133,000 the first year and $132,000 39.5 the second year are from the trust fund 39.6 to the Science Museum of Minnesota to 39.7 create outdoor exhibits about urban and 39.8 rural runoff and contamination and that 39.9 demonstrate methods to improve water 39.10 quality. This appropriation must be 39.11 matched by at least $265,000 of 39.12 nonstate contributions, cash or in 39.13 kind. This appropriation is available 39.14 until June 30, 2004, at which time the 39.15 project must be completed and final 39.16 products delivered, unless an earlier 39.17 date is specified in the work program. 39.18 (c) Integrated Pest 39.19 Management in Schools 39.20 $180,000 is from the future resources 39.21 fund to the commissioner of agriculture 39.22 to implement integrated pest management 39.23 (IPM) practices in Minnesota K-12 39.24 schools. 39.25 (d) Burn, Plant, and Learn: 39.26 Restoring Upland Habitats 39.27 $115,000 the first year and $115,000 39.28 the second year are from the trust fund 39.29 to the Science Museum of Minnesota for 39.30 acquisition of approximately eight 39.31 acres of property adjacent to the St. 39.32 Croix watershed research station and 39.33 for training programs, technical 39.34 assistance, and demonstrations of 39.35 upland habitat restoration. This 39.36 appropriation is available until June 39.37 30, 2004, at which time the project 39.38 must be completed and final products 39.39 delivered, unless an earlier date is 39.40 specified in the work program. 39.41 (e) Connecting with Wildlife 39.42 at the Minnesota Zoo 39.43 $230,000 is from the future resources 39.44 fund to the Minnesota Zoo to design and 39.45 develop interpretive environmental 39.46 educational displays for trail exhibit 39.47 areas. 39.48 (f) Project Green Start: 39.49 Environmental Education 39.50 $340,000 is from the future resources 39.51 fund to the commissioner of natural 39.52 resources for an agreement with the 39.53 Minnesota Children's Museum to 39.54 construct habitat exhibits for 39.55 environmental education activities. 39.56 (g) Raptor Propagation: 39.57 Student Education 39.58 $35,000 is from the future resources 39.59 fund to the commissioner of natural 39.60 resources for an agreement with 40.1 Stillwater Area High School to build a 40.2 captive breeding facility for raptors 40.3 and develop associated education 40.4 activities. 40.5 (h) Hennepin Parks Farm 40.6 Education 40.7 $100,000 is from the future resources 40.8 fund to the commissioner of natural 40.9 resources for an agreement with 40.10 suburban Hennepin regional park 40.11 district to develop and implement a 40.12 coordinated farm education program at 40.13 Gale's Woods Special Recreation Area 40.14 and North Mississippi Regional Park. 40.15 (i) Residential Environmental 40.16 Education for Youth 40.17 $90,000 is from the future resources 40.18 fund to the commissioner of natural 40.19 resources for an agreement with Camp 40.20 Courage for student scholarships and 40.21 marketing for the residential 40.22 environmental education program. 40.23 Subd. 10. Data Availability 40.24 Requirements 40.25 (a) During the biennium ending June 30, 40.26 2003, the data collected by the 40.27 projects funded under this section that 40.28 have common value for natural resource 40.29 planning and management must conform to 40.30 information architecture as defined in 40.31 guidelines and standards adopted by the 40.32 office of technology. Spatial data 40.33 must conform with geographic 40.34 information system guidelines and 40.35 standards adopted by the Minnesota 40.36 Geographic Data Clearinghouse at the 40.37 Land Management Information Center. 40.38 These data must be made accessible and 40.39 free to the public unless made private 40.40 under the Data Practices Act, Minnesota 40.41 Statutes, chapter 13. 40.42 (b) To the extent practicable, summary 40.43 data and results of projects funded 40.44 under this section should be readily 40.45 accessible on the Internet. 40.46 (c) As part of project expenditures, 40.47 recipients of land acquisition 40.48 appropriations must provide the 40.49 information necessary to update public 40.50 recreation information maps to the 40.51 department of natural resources in the 40.52 specified form. 40.53 Subd. 11. Project Requirements 40.54 It is a condition of acceptance of the 40.55 appropriations in this section that any 40.56 agency or entity receiving the 40.57 appropriation must comply with 40.58 Minnesota Statutes, chapter 116P, and 40.59 vegetation planted must be native to 40.60 Minnesota and preferably of the local 40.61 ecotype. 41.1 Subd. 12. Match Requirements 41.2 Unless specifically authorized, 41.3 appropriations in this section that 41.4 must be matched and for which the match 41.5 has not been committed by December 31, 41.6 2001, are canceled, and in-kind 41.7 contributions may not be counted as 41.8 matching funds. 41.9 Subd. 13. Payment Conditions 41.10 and Capital Equipment Expenditures 41.11 All agreements, grants, or contracts 41.12 referred to in this section must be 41.13 administered on a reimbursement basis. 41.14 Notwithstanding Minnesota Statutes, 41.15 section 16A.41, expenditures made on or 41.16 after July 1, 2001, or the date the 41.17 work program is approved, whichever is 41.18 later, are eligible for reimbursement 41.19 unless otherwise provided in this 41.20 section. Payment must be made upon 41.21 receiving documentation that 41.22 project-eligible reimbursable amounts 41.23 have been expended, except that 41.24 reasonable amounts may be advanced to 41.25 projects in order to accommodate 41.26 cash-flow needs. The advances must be 41.27 approved as part of the work program. 41.28 No expenditures for capital equipment 41.29 are allowed unless expressly authorized 41.30 in the project work program. 41.31 Subd. 14. Purchase of Recycled 41.32 and Recyclable Materials 41.33 A political subdivision, public or 41.34 private corporation, or other entity 41.35 that receives an appropriation in this 41.36 section must use the appropriation in 41.37 compliance with Minnesota Statutes, 41.38 sections 16B.121 to 16B.122, requiring 41.39 the purchase of recycled, repairable, 41.40 and durable materials, the purchase of 41.41 uncoated paper stock, and the use of 41.42 soy-based ink, the same as if it were a 41.43 state agency. 41.44 Subd. 15. Energy Conservation 41.45 A recipient to whom an appropriation is 41.46 made in this section for a capital 41.47 improvement project shall ensure that 41.48 the project complies with the 41.49 applicable energy conservation 41.50 standards contained in law, including 41.51 Minnesota Statutes, sections 216C.19 to 41.52 216C.20, and rules adopted thereunder. 41.53 The recipient may use the energy 41.54 planning and intervention and energy 41.55 technologies units of the department of 41.56 public service to obtain information 41.57 and technical assistance on energy 41.58 conservation and alternative energy 41.59 development relating to the planning 41.60 and construction of the capital 41.61 improvement project. 41.62 Subd. 16. Accessibility 42.1 New structures must be shown to meet 42.2 the design standards in the Americans 42.3 with Disability Act Accessibility 42.4 Guidelines. Nonstructural facilities 42.5 such as trails, campgrounds, picnic 42.6 areas, parking, play areas, water 42.7 sources, and the access routes to these 42.8 features should be shown to be designed 42.9 using guidelines in the Recommendations 42.10 for Accessibility Guidelines: 42.11 Recreational Facilities and Outdoor 42.12 Developed Areas. 42.13 Subd. 17. Carryforward 42.14 (a) The availability of the 42.15 appropriations for the following 42.16 projects is extended to June 30, 2002: 42.17 Laws 1999, chapter 231, section 16, 42.18 subdivision 4, paragraph (m), Como Park 42.19 campus maintenance; subdivision 6, 42.20 paragraph (b), identification of 42.21 sediment sources in agricultural 42.22 watersheds; and paragraph (c), 42.23 accelerated statewide local water plan 42.24 implementation; subdivision 7, 42.25 paragraph (g), Minnesota river basin 42.26 initiative; local leadership; paragraph 42.27 (h), commercial fertilizer plant for 42.28 livestock solid waste processing; and 42.29 paragraph (j), wild rice management 42.30 planning; subdivision 8, paragraph (b), 42.31 tools and training for community-based 42.32 planning; subdivision 10, paragraph 42.33 (g), by-products application to 42.34 agricultural, mineland, and forest 42.35 soils; subdivision 11, paragraph (c), 42.36 Minnesota wolf public education; 42.37 subdivision 12, paragraph (d), Dakota 42.38 county wetland health monitoring 42.39 program, paragraph (e), predicting 42.40 water and forest resources health and 42.41 sustainability, and paragraph (f), 42.42 potential for infant risk from nitrate 42.43 contamination; and subdivision 13, 42.44 paragraph (b), national prairie 42.45 passage; linking isolated prairie 42.46 preserves; and paragraph (g), arboretum 42.47 land acquisition and wetlands 42.48 restoration - continuation. 42.49 (b) The availability of the 42.50 appropriations for the following 42.51 projects is extended to June 30, 2004: 42.52 Laws 1999, chapter 231, section 16, 42.53 subdivision 4, paragraph (b), Mesabi 42.54 trail land acquisition and development - 42.55 continuation; and subdivision 11, 42.56 paragraph (f), science outreach and 42.57 integrated learning on soil. 42.58 (c) The availability of the 42.59 appropriation in Laws 1999, chapter 42.60 231, section 16, subdivision 8, 42.61 paragraph (a), resources for 42.62 redevelopment: a community property 42.63 investigation program, is extended to 42.64 June 30, 2002, for additional sites. 42.65 (d) The availability of the 42.66 appropriation in Laws 1999, chapter 43.1 231, section 16, subdivision 9, 43.2 paragraph (c), evaluate biodiesel made 43.3 from waste fats and oils, is extended 43.4 to June 30, 2002, for trial in 43.5 heavy-duty vehicles. 43.6 Sec. 9. TRADE AND ECONOMIC 43.7 DEVELOPMENT -0- 2,927,000 43.8 Summary by Fund 43.9 General -0- 2,129,000 43.10 Environmental -0- 798,000 43.11 This appropriation is for the purposes 43.12 of section 108. Twenty-four full-time 43.13 equivalent positions are transferred 43.14 from the office of environmental 43.15 assistance to the department of trade 43.16 and economic development in the second 43.17 year. 43.18 Sec. 10. REVENUE -0- 14,118,000 43.19 This appropriation is for the purposes 43.20 of section 108. One full-time 43.21 equivalent position is transferred from 43.22 the office of environmental assistance 43.23 to the department of revenue in the 43.24 second year. 43.25 Sec. 11. ADMINISTRATION -0- 1,184,000 43.26 Summary by Fund 43.27 General -0- 1,072,000 43.28 Environmental -0- 112,000 43.29 This appropriation is for the purposes 43.30 of section 108. Eleven full-time 43.31 equivalent positions are transferred 43.32 from the office of environmental 43.33 assistance to the department of 43.34 administration in the second year. 43.35 Sec. 12. Minnesota Statutes 2000, section 15.059, 43.36 subdivision 5a, as amended by Laws 2001, chapter 7, section 7, 43.37 is amended to read: 43.38 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 43.39 5, the advisory councils and committees listed in this 43.40 subdivision do not expire June 30, 1997. These groups expire 43.41 June 30, 2001, unless the law creating the group or this 43.42 subdivision specifies an earlier expiration date. 43.43 Investment advisory council, created in section 11A.08; 43.44 Feedlot and manure management advisory committee, created 43.45 in section 17.136; 43.46 Aquaculture advisory committee, created in section 17.49; 44.1 Dairy producers board, created in section 17.76; 44.2 Pesticide applicator education and examination review 44.3 board, created in section 18B.305; 44.4 Advisory seed potato certification task force, created in 44.5 section 21.112; 44.6 Food safety advisory committee, created in section 28A.20; 44.7 Public programs risk adjustment work group, created in 44.8 section 62Q.03; 44.9 Workers' compensation self-insurers' advisory committee, 44.10 created in section 79A.02; 44.11Youth corps advisory committee, created in section 84.0887;44.12Iron range off-highway vehicle advisory committee, created44.13in section 85.013;44.14Mineral coordinating committee, created in section 93.002;44.15Game and fish fund citizen advisory committees, created in44.16section 97A.055;44.17 Wastewater treatment technical advisory committee, created 44.18 in section 115.54; 44.19 Solid waste management advisory council, created in section 44.20 115A.12; 44.21 Nuclear waste council, created in section 116C.711; 44.22 Genetically engineered organism advisory committee, created 44.23 in section 116C.93; 44.24 Environment and natural resources trust fund advisory 44.25 committee, created in section 116P.06; 44.26 Child abuse prevention advisory council, created in section 44.27 119A.13; 44.28 Interagency coordinating council, created in section 44.29 125A.28, expires June 30, 1999; 44.30 Desegregation/integration advisory board, created in 44.31 section 124D.892; 44.32 Nonpublic education council, created in section 123B.445; 44.33 Permanent school fund advisory committee, created in 44.34 section 127A.30; 44.35 Indian scholarship committee, created in section 124D.84, 44.36 subdivision 2; 45.1 American Indian education committees, created in section 45.2 124D.80; 45.3 Summer scholarship advisory committee, created in section 45.4 124D.95; 45.5 Multicultural education advisory committee, created in 45.6 section 124D.894; 45.7 Male responsibility and fathering grants review committee, 45.8 created in section 124D.33; 45.9 Library for the blind and physically handicapped advisory 45.10 committee, created in section 134.31; 45.11 Higher education advisory council, created in section 45.12 136A.031; 45.13 Student advisory council, created in section 136A.031; 45.14 Cancer surveillance advisory committee, created in section 45.15 144.672; 45.16 Maternal and child health task force, created in section 45.17 145.881; 45.18 State community health advisory committee, created in 45.19 section 145A.10; 45.20 Mississippi River Parkway commission, created in section 45.21 161.1419; 45.22 School bus safety advisory committee, created in section 45.23 169.435; 45.24 Advisory council on workers' compensation, created in 45.25 section 175.007; 45.26 Code enforcement advisory council, created in section 45.27 175.008; 45.28 Medical services review board, created in section 176.103; 45.29 Apprenticeship advisory council, created in section 178.02; 45.30 OSHA advisory council, created in section 182.656; 45.31 Health professionals services program advisory committee, 45.32 created in section 214.32; 45.33 Rehabilitation advisory council for the blind, created in 45.34 section 248.10; 45.35 American Indian advisory council, created in section 45.36 254A.035; 46.1 Alcohol and other drug abuse advisory council, created in 46.2 section 254A.04; 46.3 Medical assistance drug formulary committee, created in 46.4 section 256B.0625; 46.5 Home care advisory committee, created in section 256B.071; 46.6 Preadmission screening, alternative care, and home and 46.7 community-based services advisory committee, created in section 46.8 256B.0911; 46.9 Traumatic brain injury advisory committee, created in 46.10 section 256B.093; 46.11 Minnesota commission serving deaf and hard-of-hearing 46.12 people, created in section 256C.28; 46.13 American Indian child welfare advisory council, created in 46.14 section 260.835; 46.15 Juvenile justice advisory committee, created in section 46.16 268.29; 46.17 Northeast Minnesota economic development fund technical 46.18 advisory committees, created in section 298.2213; 46.19 Iron range higher education committee, created in section 46.20 298.2214; 46.21 Northeast Minnesota economic protection trust fund 46.22 technical advisory committee, created in section 298.297; 46.23 Chemical abuse and violence prevention council, created in 46.24 section 299A.293; 46.25 Youth neighborhood centers advisory board, created in 46.26 section 299A.295; 46.27 Advisory council on battered women and domestic abuse, 46.28 created in section 611A.34. 46.29 [EFFECTIVE DATE.] This section is effective the day 46.30 following final enactment. 46.31 Sec. 13. Minnesota Statutes 2000, section 84.025, 46.32 subdivision 7, is amended to read: 46.33 Subd. 7. [CONTRACTS.] The commissioner of natural 46.34 resources may contract with the federal government, local 46.35 governmental units, the University of Minnesota, the Minnesota 46.36 Historical Society, and other educational institutions, and 47.1 private persons as may be necessary in the performance of 47.2 duties. Contracts made pursuant to this section for 47.3 professional services shall not be subject to the provisions of 47.4 chapter 16C, as they relate to competitive bidding. 47.5 Sec. 14. Minnesota Statutes 2000, section 84.0887, 47.6 subdivision 1, is amended to read: 47.7 Subdivision 1. [PROGRAM CONTENT.] The commissioner shall 47.8 operateyouthMinnesota Conservation Corps programs which may 47.9 include summer youth programs and year-round young adult 47.10 programs. The commissioner shall insure that youths in all 47.11 parts of the state have an equal opportunity for employment and 47.12 that equal numbers of male and female youth are selected for the 47.13 summer programs. Youth corps members must be 15 to 18 years old 47.14 and young adult corps members must be 18 to 26 years 47.15 old. Minnesota Conservation Corps members are not public 47.16 employees under chapter 43A or 179A.YouthMinnesota 47.17 Conservation Corps programs may provide services that include 47.18 but are not limited to the following: 47.19 (1) conservation, rehabilitation, and the improvement of 47.20 wildlife habitat, prairie, parks, and recreational areas; 47.21 (2) urban and rural revitalization, historical and cultural 47.22 site preservation, and reforestation of both urban and rural 47.23 areas; 47.24 (3) fish culture, wildlife habitat maintenance and 47.25 improvement, and other fishery assistance; 47.26 (4) road and trail development, maintenance, and 47.27 improvement; 47.28 (5) erosion, flood, drought, and storm damage assistance 47.29 and controls; 47.30 (6) stream, lake, waterfront harbor, and port improvement; 47.31 (7) wetlands protection and pollution control; 47.32 (8) insect, disease, rodent, and fire prevention and 47.33 control; 47.34 (9) the improvement of abandoned railroad beds and 47.35 rights-of-way; 47.36 (10) energy conservation projects, renewable resource 48.1 enhancement, and recovery of biomass; 48.2 (11) reclamation and improvement of strip-mined land; and 48.3 (12) forestry, nursery, and cultural operations. 48.4 Sec. 15. Minnesota Statutes 2000, section 84.0887, 48.5 subdivision 2, is amended to read: 48.6 Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY48.7SERVICE.](a)In addition to services under subdivision 1,youth48.8 Minnesota Conservation Corps programs may coordinate with or 48.9 provide services to: 48.10 (1) making public facilities accessible to individuals with 48.11 disabilities; 48.12 (2) federal, state, local, and regional governmental 48.13 agencies; 48.14 (3) nursing homes, hospices, senior centers, hospitals, 48.15 local libraries, parks, recreational facilities, child and adult 48.16 day care centers, programs servicing individuals with 48.17 disabilities, and schools; 48.18 (4) law enforcement agencies, and penal and probation 48.19 systems; 48.20 (5) private nonprofit organizations that primarily focus on 48.21 social service such as community action agencies; 48.22 (6) activities that focus on the rehabilitation or 48.23 improvement of public facilities, neighborhood improvements, 48.24 literacy training that benefits educationally disadvantaged 48.25 individuals, weatherization of and basic repairs to low-income 48.26 housing including housing occupied by older adults, activities 48.27 that focus on drug and alcohol abuse education, prevention, and 48.28 treatment; and 48.29 (7) any other nonpartisan civic activities and services 48.30 that the commissioner determines to be of a substantial social 48.31 benefit in meeting unmet human, educational, or environmental 48.32 needs, particularly needs related to poverty, or in the 48.33 community where volunteer service is to be performed. 48.34(b) Youth and young adults may provide full-time or48.35part-time youth community service in a program known as "corps48.36to career" if the individual:49.1(1) is an unemployed high school dropout and is a parent of49.2a minor member of an assistance unit under the AFDC, MFIP, or49.3MFIP-R programs under chapter 256 or under the MFIP-S program49.4under chapter 256J, or is a person who is a member of an49.5assistance unit under the AFDC, MFIP, or MFIP-R programs under49.6chapter 256 or under the MFIP-S program under chapter 256J;49.7(2) agrees to only use the individual's postservice benefit49.8under the federal Americorps Act to complete a customized job49.9training program that requires 20 percent of the individual's49.10time to be spent in the corps to career program and that is49.11consistent with the work requirements of the employment and49.12training services component of the MFIP-S program under chapter49.13256J or, if a customized job training program is unavailable,49.14agrees to use the postservice benefit consistent with the49.15federal education award; and49.16(3) during the entire time the individual completes the49.17individual's job training program, resides within an enterprise49.18zone as defined in section 469.303.49.19To be eligible under this paragraph, any individual who49.20receives assistance under clause (1) after MFIP-S has been49.21implemented in the individual's county of financial49.22responsibility, and who meets the requirements in clauses (2)49.23and (3), also must meet the requirements of the employment and49.24training services component of the MFIP-S program under chapter49.25256J.49.26(c) The commissioner of natural resources shall ensure that49.27the corps to career program will not decrease employment49.28opportunities that would be available without the program; will49.29not displace current employees including any partial49.30displacement in the form of reduced hours of work other than49.31overtime, wages, employment benefits, or regular seasonal work;49.32will not impair existing labor agreements; and will not result49.33in the substitution of project funding for preexisting funds or49.34sources of funds for ongoing work.49.35 Sec. 16. Minnesota Statutes 2000, section 84.0887, 49.36 subdivision 4, is amended to read: 50.1 Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall 50.2 establish ayouthMinnesota Conservation Corps advisory 50.3 committee with broad state representation including 50.4 youth. Notwithstanding section 15.059, subdivision 5, or other 50.5 law to the contrary, the committee expires June 30,20012005. 50.6 [EFFECTIVE DATE.] This section is effective the day 50.7 following final enactment. 50.8 Sec. 17. Minnesota Statutes 2000, section 84.0887, 50.9 subdivision 5, is amended to read: 50.10 Subd. 5. [OLDER MEMBERS.]YouthMinnesota Conservation 50.11 Corps programs may enroll a limited number of special corps 50.12 members over age 26 so that the corps may draw on their unique 50.13 knowledge, skills, or abilities to fulfill the purposes of the 50.14 programs. 50.15 Sec. 18. Minnesota Statutes 2000, section 84.0887, 50.16 subdivision 6, is amended to read: 50.17 Subd. 6. [EXPENDITURES FROM SPECIAL FUNDS.] An 50.18 appropriation from a special revenue fund or account to the 50.19 commissioner foryouthMinnesota Conservation Corps programs 50.20 must be spent for projects that are consistent with the purposes 50.21 of the fund or account from which the appropriation was made. 50.22 Sec. 19. Minnesota Statutes 2000, section 84.0887, 50.23 subdivision 9, is amended to read: 50.24 Subd. 9. [CONTRACTS; GRANTS.] The commissioner of natural 50.25 resources may contract with and make grants to nonprofit 50.26 agencies to assist in carrying out the purposes, plans, and 50.27 programs of theoffice of youth programs,Minnesota Conservation 50.28 Corps. 50.29 Sec. 20. Minnesota Statutes 2000, section 84.925, 50.30 subdivision 1, is amended to read: 50.31 Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner 50.32 shall establish a comprehensive all-terrain vehicle 50.33 environmental and safety education and training program, 50.34 including the preparation and dissemination of vehicle 50.35 information and safety advice to the public, the training of 50.36 all-terrain vehicle operators, and the issuance of all-terrain 51.1 vehicle safety certificates to vehicle operators over the age of 51.2 12 years who successfully complete the all-terrain vehicle 51.3 environmental and safety education and training course. 51.4 (b) For the purpose of administering the program and to 51.5 defray a portion of the expenses of training and certifying 51.6 vehicle operators, the commissioner shall collect a fee of $15 51.7 from each person who receives the training.The commissioner51.8shall establish a fee that neither significantly overrecovers51.9nor underrecovers costs, including overhead costs, involved in51.10providing the services. The fee is not subject to the51.11rulemaking provisions of chapter 14 and section 14.386 does not51.12apply.Fee proceeds shall be deposited in the all-terrain 51.13 vehicle account in the natural resources fund. The fees shall 51.14 be deposited in the all-terrain vehicle accountand the amount51.15thereof is appropriated annually to the enforcement division of51.16the department of natural resources for the administration of51.17the program. In addition to the fee established by the51.18commissioner, instructors may charge each person up to the51.19established fee amount for class materials and expenses. 51.20 (c) The commissioner shall cooperate with private 51.21 organizations and associations, private and public corporations, 51.22 and local governmental units in furtherance of the program 51.23 established under this section. School districts may cooperate 51.24 with the commissioner and volunteer instructors to provide space 51.25 for the classroom portion of the training. The commissioner 51.26 shall consult with the commissioner of public safety in regard 51.27 to training program subject matter and performance testing that 51.28 leads to the certification of vehicle operators. By June 30, 51.29 2003, the commissioner shall incorporate a riding component in 51.30 the safety education and training program. 51.31 Sec. 21. Minnesota Statutes 2000, section 84.9256, 51.32 subdivision 1, is amended to read: 51.33 Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 51.34 Except for operation on public road rights-of-way that is 51.35 permitted under section 84.928, a driver's license issued by the 51.36 state or another state is required to operate an all-terrain 52.1 vehicle along or on a public road right-of-way. 52.2 (b) A person under 12 years of age shall not: 52.3 (1) make a direct crossing of a public road right-of-way; 52.4 (2) operate an all-terrain vehicle on a public road 52.5 right-of-way in the state; or 52.6 (3) operate an all-terrain vehicle on public lands or 52.7 waters. 52.8 (c) Except for public road rights-of-way of interstate 52.9 highways, a person 12 years of age but less than 16 years may 52.10 make a direct crossing of a public road right-of-way of a trunk, 52.11 county state-aid, or county highway or operate on public lands 52.12 and waters, only if that person possesses a valid all-terrain 52.13 vehicle safety certificate issued by the commissioner and is 52.14 accompanied on another all-terrain vehicle by a person 18 years 52.15 of age or older who holds a valid driver's license. 52.16 (d) All-terrain vehicle safety certificates issued by the 52.17 commissioner to persons 12 years old, but less than 16 years 52.18 old, are not valid for machines in excess of 90cc engine 52.19 capacity unless: 52.20 (1) the person successfully completed the safety education 52.21 and training program under section 84.925, subdivision 1, 52.22 including a riding component; 52.23 (2) the riding component of the training was conducted 52.24 using an all-terrain vehicle with over 90cc engine capacity; and 52.25 (3) the person is able to reach both the handle bars and 52.26 foot pegs while sitting upright on the seat of the all-terrain 52.27 vehicle. 52.28 Sec. 22. Minnesota Statutes 2000, section 85.015, is 52.29 amended by adding a subdivision to read: 52.30 Subd. 22. [CENTRAL LAKES TRAIL; OTTER TAIL, GRANT, AND 52.31 DOUGLAS COUNTIES.] The trail shall originate at the city of 52.32 Fergus Falls and extend in a southeasterly direction through 52.33 Grant and Douglas counties to the eastern boundary of Douglas 52.34 county. 52.35 [EFFECTIVE DATE.] This section is effective August 1, 2005. 52.36 Sec. 23. Minnesota Statutes 2000, section 85.015, is 53.1 amended by adding a subdivision to read: 53.2 Subd. 23. [MINNESOTA RIVER TRAIL; BIG STONE, SWIFT, YELLOW 53.3 MEDICINE, CHIPPEWA, RENVILLE, NICOLLET, SIBLEY, AND LESUEUR 53.4 COUNTIES.] The trail shall originate at the entrance to Big 53.5 Stone Lake state park and extend along the Minnesota river 53.6 valley to connect to the Minnesota Valley trail at the city of 53.7 LeSueur. 53.8 Sec. 24. Minnesota Statutes 2000, section 85.055, 53.9 subdivision 2, is amended to read: 53.10 Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees 53.11 collected under this section shall be deposited in the natural 53.12 resources fund in the state treasury and credited tothe general53.13funda state parks account. 53.14 Sec. 25. Minnesota Statutes 2000, section 86A.21, is 53.15 amended to read: 53.16 86A.21 [POWERS AND DUTIES OF COMMISSIONER.] 53.17 (a) The commissioner may: 53.18 (1) acquire, construct, and maintain small craft harbors, 53.19 channels, and facilities for recreational watercraft in the 53.20 navigable waters lying within the locations identified in Laws 53.21 1993, chapter 333, section 1; 53.22 (2) acquire by purchase, lease, gift, or condemnation the 53.23 lands, rights-of-way, easements, and other interests necessary 53.24 for small craft harbors, channels, mooring facilities, marinas, 53.25 launching ramps, and facilities normally used to support harbors 53.26 of refuge, channels, docks, and launching ramps; 53.27 (3) provide the public within the boundaries of small craft 53.28 harbors, through leases of public property, with mooring 53.29 facilities and marinas developed and operated by public or 53.30 nonpublic entities at no cost to the state or its political 53.31 subdivisions; 53.32 (4) charge fees for both seasonal and daily moorage at 53.33 state-operated or state-assisted small craft harbors and mooring 53.34 facilities; 53.35 (5) collect the proceeds from the sale of marine fuel at 53.36 small craft harbors or mooring facilities operated by the state. 54.1 (b) Fees and proceeds collected under paragraph (a) must be 54.2 credited to the water recreation account. The fees and proceeds 54.3 are appropriated to the commissioner of natural resources and 54.4 may be used for purposes relating to mooring facilities and 54.5 small craft harbors, including: 54.6 (1) operation and maintenance; 54.7 (2) purchase of marine fuel and other petroleum supplies; 54.8 (3) replacement or expansion; or 54.9 (4) debt service on funds provided through the sale of 54.10 state bonds. 54.11 (c) Fees collected at small craft harbors and boating 54.12 facilities constructed or operated by local units of government 54.13 with financial assistance from the state shall, after payment of 54.14 the costs of operating and maintaining the facilities, be used 54.15 for purposes relating to mooring facilities and small craft 54.16 harbors, including: 54.17 (1) operation and maintenance; 54.18 (2) replacement or expansion; or 54.19 (3) debt service on funds provided through the sale of 54.20 state bonds. 54.21 Sec. 26. Minnesota Statutes 2000, section 86B.106, is 54.22 amended to read: 54.23 86B.106 [BARRING VEHICLES FROM UNSAFE ICE.] 54.24 (a) Whenever ice conditions on a body of water deteriorate 54.25 to such an extent that there is substantial danger to persons 54.26 using motorized vehicles, including snowmobiles and all-terrain 54.27 vehicles, the sheriff of the county where the body of water is 54.28 located may prohibit or restrict the use of motorized vehicles 54.29 on all or a portion of the body of water. If the body of water 54.30 is located in more than one county, all counties involved must 54.31 coordinate any prohibitions or restrictions that are imposed. A 54.32 county sheriff acting under this section shall, as soon as 54.33 practicable, post all common access sites and publicize the 54.34 prohibitions or restrictions. The commissioner must be notified 54.35 immediately and may review and suspend any restrictions 54.36 imposed. Restrictions may be lifted as soon as conditions 55.1 warrant. 55.2 (b) A person may not operate a motorized vehicle in 55.3 violation of a prohibition or restriction imposed under this 55.4 section. 55.5 (c) This section does not apply to a person who: 55.6 (1) is a member of a sanctioned circuit watercross 55.7 association and can provide proof of membership; 55.8 (2) operates a snowmobile with a silenced exhaust and is 55.9 practicing for a sanctioned event; and 55.10 (3) receives written permission from a conservation officer 55.11 who must set the date, time, and location of the practice. 55.12 Sec. 27. Minnesota Statutes 2000, section 88.642, is 55.13 amended to read: 55.14 88.642 [DECORATIVETREES; CUTTING, REMOVAL OF;55.15TRANSPORTATION; PROHIBITIONS; EXCEPTIONSMATERIALS.] 55.16 Subdivision 1. [WRITTEN CONSENT.] No person shall 55.17 cut, harvest, remove,ortransport, or possess for decorative 55.18 purposes or for salein natural condition and untrimmed,more 55.19 than three decorative treesas defined herein, more than 100 55.20 pounds of decorative boughs, or any other decorative materials 55.21 without the written consent ofor a bill of sale provided bythe 55.22 owner or authorized agent of the private or public land on which 55.23 thesame are grown and whether such land be publicly or55.24privately owneddecorative materials were cut or harvested. The 55.25 written consent shall be on a form furnishedandor otherwise 55.26 approved by thedepartmentcommissioner of natural resources,55.27 and shall contain the legal description of the land where the 55.28 decorativetreesmaterials were cut or harvested, as well as the 55.29 name of the legal owner,of the land ora dulythe owner's 55.30 authorized agentor agents, thereof. The written consentor55.31bill of sale, or a copy thereof certified as a true copy by the55.32person to whom the consent was given or sale made, or by the55.33county recorder of the county in which the land is situated, if55.34recorded, shallmust be carried by every person 55.35 cutting, harvesting, removing, possessing, or transporting any 55.36 decorativetrees, untrimmed or in their natural56.1conditionmaterials, or in any way aiding therein, and shall be 56.2 exhibited to any officerof the law, forest ranger, forest56.3patrol officer, conservation officer, or other officer of the56.4department of natural resources,at the officer's request at any 56.5 time. 56.6 Subd. 2. [INSPECTION AND INVESTIGATION.]AnyWhen an 56.7 officershall have power tohas probable cause to believe that 56.8 decorative materials have been cut, harvested, removed, 56.9 possessed, or transported in violation of sections 88.641 to 56.10 88.648, the officer may enter and inspectany decorative trees56.11when being transported in anya place, building, vehicle, or 56.12 other means of conveyanceor by common carrier,to make an 56.13 investigationwith reference thereto as may be necessaryto 56.14 determine whetheror not the provisions ofsections 88.641 to 56.15 88.648 have been complied with, to stop any vehicle or other56.16means of conveyance found carrying decorative trees upon any56.17public highways of this state, for the purpose of making an56.18inspection and investigation,andtomay seize and holdsubject56.19to the order of the court anydecorativetreesmaterials found 56.20 being cut, harvested, removed, possessed, or transported in 56.21 violation ofany provision ofsections 88.641 to 56.22 88.648. Failure to comply with the requirements of sections 56.23 88.641 to 88.648 subjects the decorative materials to seizure 56.24 and confiscation as contraband in addition to other penalties 56.25 provided by law. 56.26 Subd. 3. [TRANSPORTATIONBY COMMON CARRIER OR56.27AGENTSREQUIREMENTS.] No person, common carrier, bough buyer, or 56.28 authorized agentthereofshall purchase or otherwise receive for 56.29 shipment or transportation any decorativetrees unlessmaterials 56.30 without recording theconsignor, whoseseller's or consignor's 56.31 name and addressshall be recorded, exhibits at the time of56.32consignmentand the written consent, bill of sale, or certified56.33copy thereof herein provided foron a form furnished or 56.34 otherwise approved by the commissioner of natural resources. 56.35 Subd. 4. [NO WRITTEN CONSENT.] Failure tosopossess or 56.36 exhibit a written consentor bill of saleshall be prima facie 57.1 evidence that no consent was given or exists. 57.2 Subd. 5. [EXCEPTIONS.] (a) This section does not apply to 57.3 decorative materials in the possession of or being transported 57.4 by a federal, state, or local government official for a 57.5 legitimate public purpose. 57.6 (b) This section does not apply to a person cutting, 57.7 harvesting, possessing, or transporting decorative materials cut 57.8 from the person's own property if the person produces 57.9 documentation that the person owns the property where the 57.10 decorative materials were cut. 57.11 Sec. 28. [88.6435] [BOUGH BUYERS.] 57.12 Subdivision 1. [PERMITS.] A person may not buy more than 57.13 100 pounds of decorative boughs in any calendar year without a 57.14 bough buyer's permit issued by the commissioner of natural 57.15 resources. The annual fee for a permit for a resident or 57.16 nonresident to buy decorative boughs is $25. The annual fee may 57.17 be reduced if the buyer attends an approved annual workshop or 57.18 other orientation session for balsam bough harvesters and buyers. 57.19 Subd. 2. [BUYING AND RECORD REQUIREMENTS.] (a) When buying 57.20 or otherwise receiving decorative boughs, a person permitted 57.21 under this section must record: 57.22 (1) the seller's name and address; 57.23 (2) the form of written consent; and 57.24 (3) the government permit number or legal description or 57.25 property tax identification number of the land from which the 57.26 boughs were obtained. 57.27 The information must be provided on a form furnished or 57.28 otherwise approved by the commissioner of natural resources in 57.29 consultation with the balsam bough industry groups. 57.30 (b) Boughs may not be purchased if the seller fails to 57.31 exhibit the written consent required under section 88.642, 57.32 subdivision 1, or if the boughs do not conform to the standards 57.33 specified on the consent. Decorative boughs cut from public 57.34 lands must conform to standards specified in the written consent. 57.35 (c) Records shall be maintained from July 1 until June 30 57.36 of the following calendar year and shall be open to inspection 58.1 to an officer during reasonable hours. 58.2 (d) Customer name and address records created and 58.3 maintained by permittees under this section are classified as 58.4 private or nonpublic government data. 58.5 Subd. 3. [REVOCATION OF PERMITS.] (a) The commissioner may 58.6 deny, modify, suspend, or revoke a permit issued under this 58.7 section for cause, including falsification of records required 58.8 under this section or violation of any other provision of 58.9 sections 88.641 to 88.648. 58.10 (b) A person convicted of two or more violations of 58.11 sections 88.641 to 88.648 within three years may not obtain a 58.12 bough buyer's permit for three years from the date of the last 58.13 conviction. 58.14 Subd. 4. [DISPOSITION OF PERMIT FEES AND PENALTIES.] Fees 58.15 for permits issued under this section and penalties resulting 58.16 from citations issued by the commissioner of natural resources 58.17 under section 88.6457 shall be deposited in the state treasury 58.18 and credited to the special revenue fund and are annually 58.19 appropriated to the commissioner of natural resources for costs 58.20 associated with balsam bough educational programs for harvesters 58.21 and buyers. 58.22 [EFFECTIVE DATE.] This section is effective July 1, 2002. 58.23 Sec. 29. Minnesota Statutes 2000, section 88.645, is 58.24 amended to read: 58.25 88.645 [ENFORCEMENT.] 58.26 Subdivision 1. [SEARCH WARRANTS.]AnyA court having 58.27 authority to issue warrants in criminal cases may issue a search 58.28 warrant, in the manner provided by law for issuing search 58.29 warrants for stolen property, to search for and seizeany trees58.30alleged upon sufficient grounds to have beendecorative 58.31 materials affected by or involved inanyan offense under 58.32 sections 88.641 to88.64788.648. The warrant may be directed 58.33 to and executed by any officer authorized to make arrests and 58.34 seizures by sections 88.641 to88.64788.648. 58.35 Subd. 2. [COMPLAINT.]AnyAn officer having knowledge of 58.36anyan offense under sections 88.641 to88.647 shall forthwith59.1 88.648 may issue a field citation under section 88.6457, issue a 59.2 summons to appear in court, or make a complaint against the 59.3 offender before a court having jurisdiction of the offense and 59.4 request the court to issue a warrant of arrest in the case. 59.5 Sec. 30. [88.6457] [FIELD CITATIONS.] 59.6 Subdivision 1. [AUTHORITY TO ISSUE.] In addition to other 59.7 remedies available under statutory or common law, an officer may 59.8 issue a field citation to a person who cuts, harvests, removes, 59.9 transports, buys, sells, or possesses decorative materials in 59.10 violation of sections 88.641 to 88.648. 59.11 Subd. 2. [PENALTY AMOUNT.] The citation must impose the 59.12 following penalty amounts: 59.13 (1) $100 for the first violation; 59.14 (2) $200 for the second violation in a two-year period; and 59.15 (3) $500 for the third violation in a five-year period. 59.16 Subd. 3. [APPEALS.] Citations may be appealed under the 59.17 procedures in section 116.072, subdivision 6, if the person 59.18 requests a hearing by notifying the commissioner in writing 59.19 within 15 days after receipt of the citation. For purposes of 59.20 this section, "commissioner" and "agency" as used in section 59.21 116.072 mean the commissioner of natural resources. If a 59.22 hearing is not requested within the 15-day period, the citation 59.23 becomes a final order not subject to further review. 59.24 Subd. 4. [ENFORCEMENT OF FIELD CITATIONS.] Field citations 59.25 may be enforced under section 116.072, subdivisions 9 and 10. 59.26 Subd. 5. [PAYMENT OF PENALTY.] Penalty amounts shall be 59.27 paid within 30 days of issuance of the field citation to the 59.28 issuer. 59.29 Subd. 6. [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 59.30 must be forwarded to the treasury of the political subdivision 59.31 that employs the officer who issued the citation or, if the 59.32 officer who issued the citation is a forest officer or 59.33 conservation officer, forwarded to the state treasury and 59.34 credited to the special revenue fund according to section 59.35 88.6435, subdivision 4. 59.36 Sec. 31. Minnesota Statutes 2000, section 88.647, is 60.1 amended to read: 60.2 88.647 [RELATION TO EXISTING LAWS.] 60.3 Sections 88.641 to88.647 shall88.648 do notbe deemed to60.4 supersede any existing provision of law relating to any matter 60.5 within the scope thereof but shall be construed as supplementary 60.6 thereto. 60.7 Sec. 32. Minnesota Statutes 2000, section 88.648, is 60.8 amended to read: 60.9 88.648 [FALSE STATEMENT;CRIMINAL PENALTIES; MISDEMEANOR.] 60.10Any(a) A person who makesanya false statement in any 60.11 application, form, or other statementfor the purpose of60.12obtaining any written consent or bill of saleas described in 60.13 sections 88.641 to88.64488.6457 is guilty of a misdemeanor. 60.14 (b) Except as otherwise provided in thissubdivision60.15 section,anya person who violatesanya provision of sections 60.16 88.641 to88.647,88.648 is guilty of a misdemeanor. 60.17 Sec. 33. Minnesota Statutes 2000, section 88.75, 60.18 subdivision 1, is amended to read: 60.19 Subdivision 1. [MISDEMEANOR OFFENSES; DAMAGES; INJUNCTIVE 60.20 RELIEF.] Any person who violates any of the provisions of 60.21 sections 88.03 to 88.22 for which no specific penalty is therein 60.22 prescribed shall be guilty of a misdemeanor and be punished 60.23 accordingly. 60.24 Failure by any person to comply with any provision or 60.25 requirement of sections 88.03 to 88.22 to which such person is 60.26 subject shall be deemed a violation thereof. 60.27 Any person who violates any provisions of sections 88.03 to 60.28 88.22, in addition to any penalties therein prescribed, or 60.29 hereinbefore in this section prescribed, for such violation, 60.30 shall also be liable in full damages to any and every person 60.31 suffering loss or injury by reason of such violation, including 60.32 liability to the state, and any of its political subdivisions, 60.33 for all expenses incurred in fighting or preventing the spread 60.34 of, or extinguishing, any fire caused by, or resulting from, any 60.35 violation of these sections. All expenses so collected by the 60.36 state shall bereturned to, and deposited in, the original fund61.1from which the expenses were paid and are available for61.2expenditure for the purposes for which the funds were originally61.3appropriateddeposited in the general fund. When a fire set by 61.4 any person spreads to and damages or destroys property belonging 61.5 to another, the setting of the fire shall be prima facie 61.6 evidence of negligence in setting and allowing the same to 61.7 spread. 61.8 At any time the state, or any political subdivision 61.9 thereof, either of its own motion, or at the suggestion or 61.10 request of the director, may bring an action in any court of 61.11 competent jurisdiction to restrain, enjoin, or otherwise 61.12 prohibit any violation of sections 88.03 to 88.22, whether 61.13 therein described as a crime or not, and likewise to restrain, 61.14 enjoin, or prohibit any person from proceeding further in, with, 61.15 or at any timber cutting or other operations without complying 61.16 with the provisions of those sections, or the requirements of 61.17 the director pursuant thereto; and the court may grant such 61.18 relief, or any other appropriate relief, whenever it shall 61.19 appear that the same may prevent loss of life or property by 61.20 fire, or may otherwise aid in accomplishing the purposes of 61.21 sections 88.03 to 88.22. 61.22 Sec. 34. Minnesota Statutes 2000, section 93.002, 61.23 subdivision 1, is amended to read: 61.24 Subdivision 1. [ESTABLISHMENT.] The mineral coordinating 61.25 committee is established to plan for diversified mineral 61.26 development. The mineral coordinating committee consists of the 61.27 director of the minerals division of the department of natural 61.28 resources, the deputy commissioner of the Minnesota pollution 61.29 control agency, the director of United Steelworkers of America, 61.30 district 11, or the director's designee, the commissioner of the 61.31 iron range resources and rehabilitation board, the director of 61.32 the Minnesota geological survey, the dean of the University of 61.33 Minnesota institute of technology, the director of the natural 61.34 resources research institute, and three individuals appointed by 61.35 the governor for a four-year term, one each representing the 61.36 iron ore and taconite, the nonferrous metallic minerals, and the 62.1 industrial minerals industries within the state. The director 62.2 of the minerals division of the department of natural resources 62.3 shall serve as chair. A member of the committee may designate 62.4 another person of the member's organization to act in the 62.5 member's place. The commissioner of natural resources shall 62.6 provide staff and administrative services necessary for the 62.7 committee's activities. Notwithstanding section 15.059, 62.8 subdivision 5, or other law to the contrary, the committee 62.9 expires June 30, 2005. 62.10 The mineral coordinating committee is encouraged to solicit 62.11 and receive advice from representatives of the United States 62.12 Geological Survey and the United States Environmental Protection 62.13 Agency. 62.14 [EFFECTIVE DATE.] This section is effective the day 62.15 following final enactment. 62.16 Sec. 35. Minnesota Statutes 2000, section 97A.045, 62.17 subdivision 7, is amended to read: 62.18 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 62.19 (a) The commissioner shall encourage the purchase of: 62.20 (1) Minnesota migratory waterfowl stamps by nonhunters 62.21 interested in migratory waterfowl preservation and habitat 62.22 development; 62.23 (2) pheasant stamps by persons interested in pheasant 62.24 habitat improvement; 62.25 (3) trout and salmon stamps by persons interested in trout 62.26 and salmon stream and lake improvement; and 62.27 (4) turkey stamps by persons interested in wild turkey 62.28 management and habitat improvement. 62.29 (b) The commissioner shall make rules governing contests 62.30 for selecting a design for each stamp, including those stamps 62.31 not required to be in possession while taking game or fish. 62.32 [EFFECTIVE DATE.] This section is effective March 1, 2002. 62.33 Sec. 36. Minnesota Statutes 2000, section 97A.055, 62.34 subdivision 4a, is amended to read: 62.35 Subd. 4a. [CITIZEN OVERSIGHTCOMMITTEESSUBCOMMITTEES.] (a) 62.36 The commissioner shall appointcommitteessubcommittees of 63.1 affected persons to review the reports prepared under 63.2 subdivision 4and; review the proposed work plans and budgets 63.3 for the coming year; propose changes in policies, activities, 63.4 and revenue enhancements or reductions; review other relevant 63.5 information; and make recommendations to the legislature and the 63.6 commissioner for improvements in the management and use of money 63.7 in the game and fish fund. 63.8 (b) The commissioner shall appoint the followingcommittees63.9 subcommittees, each comprised of at least three affected persons: 63.10 (1)a committee to review the annual game and fish fund63.11report and address general game and fish fund issues;63.12(2) a committee to address funding issues related to63.13fishinga fisheries operations subcommittee to review fisheries 63.14 funding, excluding activities related to trout and salmon stamp 63.15 funding; 63.16 (2) a wildlife operations subcommittee to review wildlife 63.17 funding, excluding activities related to migratory waterfowl, 63.18 pheasant, and turkey stamp funding and excluding review of the 63.19 amounts available under section 97A.075, subdivision 1, 63.20 paragraphs (b) and (c); 63.21 (3) acommitteebig game subcommittee to review the report 63.22on the small game license surcharge and the reportrequired in 63.23 subdivision 4, paragraph (a), clause (2), and address funding63.24issues related to hunting; 63.25 (4) an ecological services operations subcommittee to 63.26 review ecological services funding; 63.27 (5) a subcommittee to review game and fish fund funding of 63.28 enforcement, support services, and department of natural 63.29 resources administration; 63.30(4)(6) acommitteesubcommittee to review the trout and 63.31 salmon stamp report and address funding issues related to trout 63.32 and salmon; 63.33(5)(7) acommitteesubcommittee to review the report on 63.34 the migratory waterfowl stamp and address funding issues related 63.35 to migratory waterfowl; 63.36(6)(8) acommitteesubcommittee to review the report on 64.1 the pheasant stamp and address funding issues related to 64.2 pheasants; and 64.3(7)(9) acommitteesubcommittee to review the report on 64.4 the turkey stamp and address funding issues related to wild 64.5 turkeys. 64.6 (c) The chairs of each of the subcommittees shall form a 64.7 budgetary oversight committee to coordinate the integration of 64.8 the subcommittee reports into an annual report to the 64.9 legislature; recommend changes on a broad level in policies, 64.10 activities, and revenue enhancements or reductions; provide a 64.11 forum to address issues that transcend the subcommittees; and 64.12 submit a report for any subcommittee that fails to submit its 64.13 report in a timely manner. 64.14 (d) The budgetary oversight committee shall develop a 64.15 biennial budget plan and report for expenditures on game and 64.16 fish activities. By August 15 of each even-numbered year, the 64.17 council shall submit the budget plan to the commissioner. 64.18 (e) Each subcommittee shall choose its own chair, except 64.19 that the chair of the budgetary oversight committee shall be 64.20 appointed by the commissioner and may not be the chair of any of 64.21 the subcommittees. 64.22 (f) Thecommitteesbudgetary oversight committee must make 64.23 recommendations to the commissioner for outcome goals from 64.24 expenditures. 64.25 (g) Notwithstanding section 15.059, subdivision 5, or other 64.26 law to the contrary, the budgetary oversight committee and 64.27 subcommittees do not expire until June 30, 2005. 64.28 [EFFECTIVE DATE.] This section is effective the day 64.29 following final enactment. 64.30 Sec. 37. Minnesota Statutes 2000, section 97A.405, 64.31 subdivision 2, is amended to read: 64.32 Subd. 2. [PERSONAL POSSESSION.] (a) A person acting under 64.33 a license or traveling from an area where a licensed activity 64.34 was performed must have in personal possession either: (1) the 64.35 proper license, if the license has been issued to and received 64.36 by the person; or (2) the proper license identification number 65.1 or stamp validation, if the license has been sold to the person 65.2 by electronic means but the actual license has not been issued 65.3 and received. 65.4 (b) If possession of a license or a license identification 65.5 number is required, a person must exhibit, as requested by a 65.6 conservation officer or peace officer, either: (1) the proper 65.7 license if the license has been issued to and received by the 65.8 person; or (2) the proper license identification number or stamp 65.9 validation and a valid state driver's license, state 65.10 identification card, or other form of identification provided by 65.11 the commissioner, if the license has been sold to the person by 65.12 electronic means but the actual license has not been issued and 65.13 received. 65.14 (c) If the actual license has been issued and received, a 65.15 receipt for license fees, a copy of a license, or evidence 65.16 showing the issuance of a license, including the license 65.17 identification number or stamp validation, does not entitle a 65.18 licensee to exercise the rights or privileges conferred by a 65.19 license. 65.20 (d) A license or stamp issued electronically and not 65.21 immediately provided to the licensee shall be mailed to the 65.22 licensee within 30 days of purchase of the license or stamp 65.23 validation, except for a pictorial turkey stamp or a pictorial 65.24 trout and salmon stamp. A pictorial turkey stamp or a pictorial 65.25 trout and salmon stamp shall be mailed to the licensee after 65.26 purchase of a license or stamp validation only if the licensee 65.27 pays an additional $2 fee. 65.28 [EFFECTIVE DATE.] This section is effective March 1, 2002. 65.29 Sec. 38. Minnesota Statutes 2000, section 97A.411, 65.30 subdivision 2, is amended to read: 65.31 Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl or 65.32 pheasant stamp issued under the game and fish laws must be 65.33 signed by the licensee across the front of the stamp to be valid. 65.34 [EFFECTIVE DATE.] This section is effective March 1, 2002. 65.35 Sec. 39. Minnesota Statutes 2000, section 97A.473, 65.36 subdivision 2, is amended to read: 66.1 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 66.2 lifetime angling license authorizes a person to take fish by 66.3 angling in the state. The license authorizes those activities 66.4 authorized by the annual resident angling license. The license 66.5 does not include a trout and salmon stamp validation or other 66.6 stamps required by law. 66.7 (b) The fees for a resident lifetime angling license are: 66.8 (1) age 3 and under, $227; 66.9 (2) age 4 to age 15, $300; 66.10 (3) age 16 to age 50, $383; and 66.11 (4) age 51 and over, $203. 66.12 [EFFECTIVE DATE.] This section is effective March 1, 2002. 66.13 Sec. 40. Minnesota Statutes 2000, section 97A.473, 66.14 subdivision 3, is amended to read: 66.15 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 66.16 resident lifetime small game hunting license authorizes a person 66.17 to hunt small game in the state. The license authorizes those 66.18 hunting activities authorized by the annual resident small game 66.19 hunting license. The license does not include a turkey stamp 66.20 validation or anyof theother hunting stamps required by law. 66.21 (b) The fees for a resident lifetime small game hunting 66.22 license are: 66.23 (1) age 3 and under, $217; 66.24 (2) age 4 to age 15, $290; 66.25 (3) age 16 to age 50, $363; and 66.26 (4) age 51 and over, $213. 66.27 [EFFECTIVE DATE.] This section is effective March 1, 2002. 66.28 Sec. 41. Minnesota Statutes 2000, section 97A.473, 66.29 subdivision 5, is amended to read: 66.30 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 66.31 lifetime sporting license authorizes a person to take fish by 66.32 angling and hunt small game in the state. The license 66.33 authorizes those activities authorized by the annual resident 66.34 angling and resident small game hunting licenses. The license 66.35 does not include a trout and salmon stamp validation, a turkey 66.36 stamp validation, or anyof theother hunting stamps required by 67.1 law. 67.2 (b) The fees for a resident lifetime sporting license are: 67.3 (1) age 3 and under, $357; 67.4 (2) age 4 to age 15, $480; 67.5 (3) age 16 to age 50, $613; and 67.6 (4) age 51 and over, $413. 67.7 [EFFECTIVE DATE.] This section is effective March 1, 2002. 67.8 Sec. 42. Minnesota Statutes 2000, section 97A.474, 67.9 subdivision 2, is amended to read: 67.10 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 67.11 A nonresident lifetime angling license authorizes a person to 67.12 take fish by angling in the state. The license authorizes those 67.13 activities authorized by the annual nonresident angling 67.14 license. The license does not include a trout and salmon stamp 67.15 validation or other stamps required by law. 67.16 (b) The fees for a nonresident lifetime angling license are: 67.17 (1) age 3 and under, $447; 67.18 (2) age 4 to age 15, $600; 67.19 (3) age 16 to age 50, $773; and 67.20 (4) age 51 and over, $513. 67.21 [EFFECTIVE DATE.] This section is effective March 1, 2002. 67.22 Sec. 43. Minnesota Statutes 2000, section 97A.474, 67.23 subdivision 3, is amended to read: 67.24 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 67.25 FEE.] (a) A nonresident lifetime small game hunting license 67.26 authorizes a person to hunt small game in the state. The 67.27 license authorizes those hunting activities authorized by the 67.28 annual nonresident small game hunting license. The license does 67.29 not include a turkey stamp validation or anyof theother 67.30 hunting stamps required by law. 67.31 (b) The fees for a nonresident lifetime small game hunting 67.32 license are: 67.33 (1) age 3 and under, $947; 67.34 (2) age 4 to age 15, $1,280; 67.35 (3) age 16 to age 50, $1,633; and 67.36 (4) age 51 and over, $1,083. 68.1 [EFFECTIVE DATE.] This section is effective March 1, 2002. 68.2 Sec. 44. Minnesota Statutes 2000, section 97A.475, 68.3 subdivision 5, is amended to read: 68.4 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 68.5 and stamp validations are: 68.6 (1) migratory waterfowl stamp, $5; 68.7 (2) pheasant stamp, $5; and 68.8 (3) turkey stamp validation, $5. 68.9 [EFFECTIVE DATE.] This section is effective March 1, 2002. 68.10 Sec. 45. Minnesota Statutes 2000, section 97A.475, 68.11 subdivision 6, is amended to read: 68.12 Subd. 6. [RESIDENT FISHING.] Fees for the following 68.13 licenses, to be issued to residents only, are: 68.14 (1) to take fish by angling,for persons under age 65,$17; 68.15 (2)to take fish by angling, for persons age 65 and over,68.16$6.50;68.17(3)to take fish by angling, for a combined license for a 68.18 married couple, $25; 68.19(4)(3) to take fish by spearing from a dark house, $17; 68.20 and 68.21(5)(4) to take fish by angling for a 24-hour period 68.22 selected by the licensee, $8.50. 68.23 Sec. 46. Minnesota Statutes 2000, section 97A.475, 68.24 subdivision 10, is amended to read: 68.25 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for 68.26 a trout and salmon stamp validation is $8.50. 68.27 [EFFECTIVE DATE.] This section is effective March 1, 2002. 68.28 Sec. 47. Minnesota Statutes 2000, section 97A.485, 68.29 subdivision 6, is amended to read: 68.30 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 68.31 Persons authorized to sell licenses under this section must sell 68.32 the following licenses for the license fee and the following 68.33 issuing fees: 68.34 (1) to take deer or bear with firearms and by archery, the 68.35 issuing fee is $1; 68.36 (2) Minnesota sporting, the issuing fee is $1; and 69.1 (3) to take small game, for a person under age 65 to take 69.2 fish by angling or for a person of any age to take fish by 69.3 spearing, and to trap fur-bearing animals, the issuing fee is 69.4 $1; 69.5 (4) for a trout and salmon stamp that is not issued 69.6 simultaneously with an angling or sporting license, an issuing 69.7 fee of 50 cents may be charged at the discretion of the 69.8 authorized seller; and 69.9 (5) for stamps other than a trout and salmon stamp, and for 69.10 a special season Canada goose license, there is no fee. 69.11 (b) An issuing fee may not be collected for issuance of a 69.12 trout and salmon stamp if a stamp validation is issued 69.13 simultaneously with the related angling or sporting license. 69.14 Only one issuing fee may be collected when selling more than one 69.15 trout and salmon stamp in the same transaction after the end of 69.16 the season for which the stamp was issued. 69.17 (c) The auditor or subagent shall keep the issuing fee as a 69.18 commission for selling the licenses. 69.19 (d) The commissioner shall collect the issuing fee on 69.20 licenses sold by the commissioner. 69.21 (e) A license, except stamps, must state the amount of the 69.22 issuing fee and that the issuing fee is kept by the seller as a 69.23 commission for selling the licenses. 69.24 (f) For duplicate licenses, the issuing fees are: 69.25 (1) for licenses to take big game, 75 cents; and 69.26 (2) for other licenses, 50 cents. 69.27 [EFFECTIVE DATE.] This section is effective March 1, 2002. 69.28 Sec. 48. Minnesota Statutes 2000, section 97B.721, is 69.29 amended to read: 69.30 97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 69.31 TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 69.32 (a) Except as provided in paragraph (b) or section 97A.405, 69.33 subdivision 2, a person may not take a turkey without possessing 69.34 a turkey license and:69.35(1) a turkey stamp in possession; and69.36(2)a turkey stamp validationon the turkey license when70.1issued electronically. 70.2 (b) The requirement in paragraph (a) topossesshave a 70.3 turkey stampor a licensevalidation does not apply to persons 70.4 under age 18. 70.5 (c) The commissioner may by rule prescribe requirements for 70.6 the tagging and registration of turkeys. 70.7 [EFFECTIVE DATE.] This section is effective March 1, 2002. 70.8 Sec. 49. [97C.303] [CONSERVATION ANGLING LICENSE.] 70.9 Subdivision 1. [AVAILABILITY.] The commissioner shall make 70.10 available a conservation angling license according to this 70.11 section. Conservation angling licenses shall be offered for 70.12 resident and nonresident individuals, resident married couples, 70.13 nonresident married couples valid for 14 consecutive days, and 70.14 nonresident families. 70.15 Subd. 2. [DAILY AND POSSESSION LIMITS.] Daily and 70.16 possession limits for fish taken under a conservation angling 70.17 license are one-half the daily and possession limits for the 70.18 corresponding fish taken under a standard angling license, 70.19 rounded down to the next whole number if necessary. 70.20 Subd. 3. [LICENSE FEE.] The fee for a conservation angling 70.21 license issued under this section is two-thirds of the 70.22 corresponding standard angling license fee under section 70.23 97A.475, subdivision 6 or 7, rounded to the nearest whole dollar. 70.24 Sec. 50. Minnesota Statutes 2000, section 97C.305, is 70.25 amended to read: 70.26 97C.305 [TROUT AND SALMON STAMP VALIDATION.] 70.27 Subdivision 1. [REQUIREMENT.] Except as provided in 70.28 subdivision 2 or section 97A.405, subdivision 2, a person over 70.29 age 16 and under age 65 required to possess an angling license 70.30 must have a trout and salmon stampin possession and a trout70.31stampvalidationon the angling license when issued70.32electronicallyto: 70.33 (1) take fish by angling in: 70.34 (i) a stream designated by the commissioner as a trout 70.35 stream; 70.36 (ii) a lake designated by the commissioner as a trout lake; 71.1 or 71.2 (iii) Lake Superior; or 71.3 (2) possess trout or salmon taken in the state by angling. 71.4 Subd. 2. [EXCEPTION.] A trout and salmon stamp validation 71.5 is not required to take fish by angling or to possess trout and 71.6 salmon if: 71.7 (1) the person: 71.8 (i) possesses a license to take fish by angling for a 71.9 period of 24 hours from the time of issuance under section 71.10 97A.475, subdivision 6, clause (5), or subdivision 7, clause 71.11 (5), and 71.12 (ii) is taking fish by angling, or the trout or salmon were 71.13 taken by the person, during the period the license is valid; or 71.14 (2) the person is taking fish, or the trout or salmon were 71.15 taken by the person, as authorized under section 97C.035. 71.16 [EFFECTIVE DATE.] This section is effective March 1, 2002. 71.17 Sec. 51. [97C.404] [YELLOW PERCH LIMITS.] 71.18 The daily limit for yellow perch is 15. The possession 71.19 limit for yellow perch is 45. 71.20 [EFFECTIVE DATE.] This section is effective December 1, 71.21 2001. 71.22 Sec. 52. Minnesota Statutes 2000, section 103B.575, is 71.23 amended to read: 71.24 103B.575 [EXPANSION OF THE BOUNDARIES OF A LAKE IMPROVEMENT 71.25 DISTRICT.] 71.26 The boundary of a district may beenlargedmodified by 71.27 complying with the procedures to establish a district under 71.28 sections 103B.511 to 103B.541. A district whose boundary is 71.29 reduced must comply with section 103B.555 on assessing the costs 71.30 of current projects, service charges, special assessments, 71.31 obligations, and taxes before the boundary is reduced. 71.32 [EFFECTIVE DATE.] This section is effective the day 71.33 following final enactment. 71.34 Sec. 53. Minnesota Statutes 2000, section 103G.271, 71.35 subdivision 1, is amended to read: 71.36 Subdivision 1. [PERMIT REQUIRED.] (a) Except as provided 72.1 in paragraph (b), the state, a person, partnership, or 72.2 association, private or public corporation, county, 72.3 municipality, or other political subdivision of the state may 72.4 not appropriate or use waters of the state without a water use 72.5 permit from the commissioner. 72.6 (b) This section does not apply to use for a water supply 72.7 by less than 25 persons for domestic purposes. 72.8 (c) The commissioner may issue a state general permit for 72.9temporaryappropriation of water to a governmental subdivision 72.10 or to the general public for classes of activities that have 72.11 minimal impact upon waters of the state. The general permit may 72.12 authorize more than one project and the appropriation or use of 72.13 more than one source of water. Water use permit processing fees 72.14 and reports required under subdivision 6 and section 103G.281, 72.15 subdivision 3, are required for each project or water source 72.16 that is included under a general permit, except that no feeor72.17reportis required for uses totaling less than 15,000,000 72.18 gallons annually. 72.19 Sec. 54. Minnesota Statutes 2000, section 103G.271, 72.20 subdivision 5, is amended to read: 72.21 Subd. 5. [PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] 72.22 (a) The commissioner may not, after December 31, 1990, issue a 72.23 water use permit to increase the volume of appropriation from a 72.24 groundwater source for a once-through cooling system using in 72.25 excess of 5,000,000 gallons annually. 72.26 (b)Except as provided in paragraph (c),Once-through 72.27 system water use permits using in excess of 5,000,000 gallons 72.28 annually, must be terminated by the commissioner by the end of 72.29 their design life but not later than December 31, 2010, unless 72.30 the discharge is into a public water basin within a nature 72.31 preserve approved by the commissioner and established prior to 72.32 January 1, 2001. Existing once-through systems must not be 72.33 expanded and are required to convert to water efficient 72.34 alternatives within the design life of existing equipment. 72.35(c) Paragraph (b) does not apply where groundwater72.36appropriated for use in a once-through system is subsequently73.1discharged into a wetland or public waters wetland owned or73.2leased by a nonprofit corporation if:73.3(1) the membership of the corporation includes a local73.4government unit;73.5(2) the deed or lease requires that the area containing the73.6wetland or public waters wetland be maintained as a nature73.7preserve;73.8(3) public access is allowed consistent with the area's73.9status as a nature preserve; and73.10(4) by January 1, 2003, the permittee incurs costs of73.11developing the nature preserve and associated facilities that,73.12when discounted to 1992 dollars, exceed twice the projected73.13cost, as determined by the commissioner, of the conversion73.14required in paragraph (b), discounted to 1992 dollars.73.15The costs incurred under clause (4) may include preparation of73.16plans and designs; site preparation; construction of wildlife73.17habitat structures; planting of trees and other vegetation;73.18installation of signs and markers; design and construction of73.19trails, docks, and access structures; and design and73.20construction of interpretative facilities. The permittee shall73.21submit an estimate of the cost of the conversion required in73.22paragraph (b) to the commissioner by January 1, 1993, and shall73.23annually report to the commissioner on the progress of the73.24project and the level of expenditures.73.25 Sec. 55. Minnesota Statutes 2000, section 103G.271, 73.26 subdivision 5a, is amended to read: 73.27 Subd. 5a. [MAINTENANCE OF SURFACE WATER LEVELS.] Except as 73.28 provided in subdivision 5, paragraph(c)(b), the commissioner 73.29 shall, by January 31, 1994, revoke all existing permits, and may 73.30 not issue new permits, for the appropriation or use of 73.31 groundwater in excess of 10,000,000 gallons per year for the 73.32 primary purpose of maintaining or increasing surface water 73.33 levels in the seven-county metropolitan area and in other areas 73.34 of concern as determined by the commissioner. This subdivision 73.35 does not apply until January 1, 1998, to a municipality that, by 73.36 January 1, 1994, submits a plan acceptable to the commissioner 74.1 for maintaining or increasing surface water levels using sources 74.2 other than groundwater. 74.3 Sec. 56. Minnesota Statutes 2000, section 103G.301, 74.4 subdivision 2, is amended to read: 74.5 Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for 74.6 a permit authorized under this chapter, and each request to 74.7 amend or transfer an existing permit, must be accompanied by a 74.8 permit application fee to defray the costs of receiving, 74.9 recording, and processing the application or request to amend or 74.10 transfer. 74.11 (b) The fee to apply for a permit to appropriate water, a 74.12 permit to construct or repair a dam that is subject to dam 74.13 safety inspection, or a state general permit or to apply for the 74.14 state water bank program is $75. The application fee for a 74.15 permit to work in public waters or to divert waters for mining 74.16 must be at least $75, but not more than $500, according to a 74.17 schedule of fees adopted under section 16A.1285. 74.18 Sec. 57. Minnesota Statutes 2000, section 115.03, is 74.19 amended by adding a subdivision to read: 74.20 Subd. 8a. [PERMIT DURATION FOR MAJOR ABOVEGROUND STORAGE 74.21 FACILITIES.] Notwithstanding any law or rule to the contrary, 74.22 agency permits for major aboveground storage facilities may be 74.23 issued for a term of up to ten years. 74.24 Sec. 58. Minnesota Statutes 2000, section 115.55, 74.25 subdivision 3, is amended to read: 74.26 Subd. 3. [RULES.] (a) The agency shall adopt rules 74.27 containing minimum standards and criteria for the design, 74.28 location, installation, use, and maintenance of individual 74.29 sewage treatment systems. The rules must include: 74.30 (1) how the agency will ensure compliance under subdivision 74.31 2; 74.32 (2) how local units of government shall enforce ordinances 74.33 under subdivision 2, including requirements for permits and 74.34 inspection programs; 74.35 (3) how the advisory committee will participate in review 74.36 and implementation of the rules; 75.1 (4) provisions for alternative systems; 75.2 (5) provisions for handling and disposal of effluent; 75.3 (6) provisions for system abandonment; and 75.4 (7)procedures for the commissioner to approve new75.5individual sewage treatment system technologies; and75.6(8)procedures for variances, including the consideration 75.7 of variances based on cost and variances that take into account 75.8 proximity of a system to other systems. 75.9 (b) The agency shall consult with the advisory committee 75.10 before adopting rules under this subdivision. 75.11 (c) Notwithstanding the repeal of the agency rule under 75.12 which the commissioner has established a warrantied list of 75.13 individual sewage treatment systems, the warranties for all 75.14 systems so listed as of the effective date of the repeal shall 75.15 continue to be valid for the remainder of the warranty period. 75.16 Sec. 59. Minnesota Statutes 2000, section 115A.54, 75.17 subdivision 2a, is amended to read: 75.18 Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 75.19 director shall provide technical and financial assistance for 75.20 the acquisition and betterment of solid waste management 75.21 projects as provided in this subdivision and section 115A.52. 75.22 Money appropriated for the purposes of this subdivision must be 75.23 distributed as grants. 75.24 (b) Except as provided in paragraph (c), a project may 75.25 receive grant assistance up to 25 percent of the capital cost of 75.26 the project or $2,000,000, whichever is less, except that 75.27 projects constructed as a result of intercounty cooperative 75.28 agreements may receive (1) grant assistance up to 25 percent of 75.29 the capital cost of the project; or (2) $2,000,000 times the 75.30 number of participating counties, whichever is less. 75.31 (c) A recycling project or a project to compost or 75.32 cocompost waste may receive grant assistance up to 50 percent of 75.33 the capital cost of the project or $2,000,000, whichever is 75.34 less, except that projects completed as a result of intercounty 75.35 cooperative agreements may receive (1) grant assistance up to 50 75.36 percent of the capital cost of the project; or (2) $2,000,000 76.1 times the number of participating counties, whichever is less. 76.2 The following projects may also receive grant assistance in the 76.3 amounts specified in this paragraph: 76.4 (1) a project to improve control of or reduce air emissions 76.5 at an existing resource recovery facility; and 76.6 (2) a project to substantially increase the recovery of 76.7 materials or energy, substantially reduce the amount or toxicity 76.8 of waste processing residuals, or expand the capacity of an 76.9 existing resource recovery facility to meet the resource 76.10 recovery needs of an expanded region if each county from which 76.11 waste is or would be received has achieved a recycling rate in 76.12 excess of the goals in section 115A.551, and is implementing 76.13 aggressive waste reduction and household hazardous waste 76.14 management programs. 76.15 (d) Notwithstanding paragraph (e), the director may award 76.16 grants for transfer stations that will initially transfer waste 76.17 to landfills if the transfer stations are part of a planned 76.18 resource recovery project, the county where the planned resource 76.19 recovery facility will be located has a comprehensive solid 76.20 waste management plan approved by the director, and the solid 76.21 waste management plan proposes the development of the resource 76.22 recovery facility. If the proposed resource recovery facility 76.23 is not in place and operating within1216 years of the date of 76.24 the grant award, the recipient shall repay the grant amount to 76.25 the state. 76.26 (e) Projects without resource recovery are not eligible for 76.27 assistance. 76.28 (f) In addition to any assistance received under paragraph 76.29 (b) or (c), a project may receive grant assistance for the cost 76.30 of tests necessary to determine the appropriate pollution 76.31 control equipment for the project or the environmental effects 76.32 of the use of any product or material produced by the project. 76.33 (g) In addition to the application requirements of section 76.34 115A.51, an application for a project serving eligible 76.35 jurisdictions in only a single county must demonstrate that 76.36 cooperation with jurisdictions in other counties to develop the 77.1 project is not needed or not feasible. Each application must 77.2 also demonstrate that the project is not financially prudent 77.3 without the state assistance, because of the applicant's 77.4 financial capacity and the problems inherent in the waste 77.5 management situation in the area, particularly transportation 77.6 distances and limited waste supply and markets for resources 77.7 recovered. 77.8 (h) For the purposes of this subdivision, a "project" means 77.9 a processing facility, together with any transfer stations, 77.10 transmission facilities, and other related and appurtenant 77.11 facilities primarily serving the processing facility. The 77.12 director shall adopt rules for the program by July 1, 1985. 77.13 (i) Notwithstanding anything in this subdivision to the 77.14 contrary, a project to construct a new mixed municipal solid 77.15 waste transfer station that has an enforceable commitment of at 77.16 least ten years, or of sufficient length to retire bonds sold 77.17 for the facility, to serve an existing resource recovery 77.18 facility may receive grant assistance up to 75 percent of the 77.19 capital cost of the project if addition of the transfer station 77.20 will increase substantially the geographical area served by the 77.21 resource recovery facility and the ability of the resource 77.22 recovery facility to operate more efficiently on a regional 77.23 basis and the facility meets the criteria in paragraph (c), the 77.24 second clause (2). A transfer station eligible for assistance 77.25 under this paragraph is not eligible for assistance under any 77.26 other paragraph of this subdivision. 77.27 Sec. 60. Minnesota Statutes 2000, section 115A.557, 77.28 subdivision 2, is amended to read: 77.29 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county 77.30 receiving money distributed by the director under this section 77.31 may use the money only for the development and implementation of 77.32 programs to: 77.33 (1) reduce the amount of solid waste generated; 77.34 (2) recycle the maximum amount of solid waste technically 77.35 feasible; 77.36 (3) create and support markets for recycled products; 78.1 (4) remove problem materials from the solid waste stream 78.2 and develop proper disposal options for them; 78.3 (5) inform and educate all sectors of the public about 78.4 proper solid waste management procedures; 78.5 (6) provide technical assistance to public and private 78.6 entities to ensure proper solid waste management;and78.7 (7) provide educational, technical, and financial 78.8 assistance for litter prevention; and 78.9 (8) process mixed municipal solid waste generated in the 78.10 county at a resource recovery facility located in Minnesota. 78.11 Sec. 61. Minnesota Statutes 2000, section 115A.912, 78.12 subdivision 1, is amended to read: 78.13 Subdivision 1. [PURPOSE.] Money appropriated to the agency 78.14 for waste tire management may be spent forelimination of health78.15and safety hazards of tire dumps and collection sites, tire dump78.16abatement, collection, management and clean up of waste tires,78.17 regulation of permitted waste tire facilities, research and 78.18 studies to determine the technical and economic feasibility of 78.19 uses for tire derived products, public education on waste tire 78.20 management, and grants and loans under section 115A.913. 78.21 Sec. 62. Minnesota Statutes 2000, section 115A.914, 78.22 subdivision 2, is amended to read: 78.23 Subd. 2. [AGENCY RULES.] The agency shall adopt rules for 78.24 administration of waste tire collector and processor permits,78.25waste tire nuisance abatement,and waste tire collection. 78.26 Sec. 63. Minnesota Statutes 2000, section 115B.49, 78.27 subdivision 4a, is amended to read: 78.28 Subd. 4a. [INTERIM FEES.] For the period from July 1,199978.29 2001, to June 30,20012003, the commissioner shall, after a 78.30 public hearing, but notwithstanding section 16A.1285, 78.31 subdivision 4, annually adjust the fees in subdivision 4 as 78.32 necessary to maintain an annual income of $650,000. This income 78.33 amount supersedes the amount described in Minnesota Statutes 78.34 1998, section 115B.49, subdivision 4, paragraph (c), clause (3), 78.35 that is in effect until July 1, 2001. 78.36 Sec. 64. Minnesota Statutes 2000, section 115C.07, 79.1 subdivision 3, is amended to read: 79.2 Subd. 3. [RULES.] (a) The board shall adopt rules 79.3 regarding its practices and procedures, the form and procedure 79.4 for applications for compensation from the fund, procedures for 79.5 investigation of claims and specifying the costs that are 79.6 eligible for reimbursement from the fund. 79.7 (b)By January 1, 1994, the board shall publish proposed79.8rules establishing a fee schedule of costs or criteria for79.9evaluating the reasonableness of costs submitted for79.10reimbursement. The board shall adopt the rules by June 1, 1994.79.11(c)The board may adopt rules requiring certification of 79.12 environmental consultants. 79.13(d)(c) The board may adopt other rules necessary to 79.14 implement this chapter. 79.15 [EFFECTIVE DATE.] This section is effective the day 79.16 following final enactment. 79.17 Sec. 65. Minnesota Statutes 2000, section 115C.09, 79.18 subdivision 1, is amended to read: 79.19 Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall 79.20 provide reimbursement to eligible applicants for reimbursable 79.21 costs. 79.22 (b) The following costs are reimbursable for purposes of 79.23 this chapter: 79.24 (1) corrective action costs incurred by the applicant and 79.25 documented in a form prescribed by the board, except the costs 79.26 related to the physical removal of a tank; and 79.27 (2) costs that the responsible person is legally obligated 79.28 to pay as damages to third parties for bodily injury, property 79.29 damage, or corrective action costs incurred by a third party 79.30 caused by a release where the responsible person's liability for 79.31 the costs has been established by a court order or 79.32 court-approved settlement;. 79.33(3) up to 180 days worth of interest costs associated with79.34the financing of corrective action and incurred by the applicant79.35in a written financing contract signed by the applicant and79.36executed after May 25, 1991. Interest costs are not eligible80.1for reimbursement to the extent they exceed two percentage80.2points above the adjusted prime rate charged by banks, as80.3defined in section 270.75, subdivision 5, at the time the80.4financing contract was executed; and80.5(4) preremoval site assessment costs incurred by the80.6applicant and eligible for reimbursement under section 115C.092.80.7 (c) A cost for liability to a third party is incurred by 80.8 the responsible person when an order or court-approved 80.9 settlement is entered that sets forth the specific costs 80.10 attributed to the liability. Except as provided in this 80.11 paragraph, reimbursement may not be made for costs of liability 80.12 to third parties until all eligible corrective action costs have 80.13 been reimbursed. If a corrective action is expected to continue 80.14 in operation for more than one year after it has been fully 80.15 constructed or installed, the board may estimate the future 80.16 expense of completing the corrective action and, after 80.17 subtracting this estimate from the total reimbursement available 80.18 under subdivision 3, reimburse the costs for liability to third 80.19 parties. The total reimbursement may not exceed the limit set 80.20 forth in subdivision 3. 80.21 [EFFECTIVE DATE.] This section is effective the day 80.22 following final enactment. 80.23 Sec. 66. Minnesota Statutes 2000, section 115C.09, 80.24 subdivision 2a, is amended to read: 80.25 Subd. 2a. [APPLICATION FOR REIMBURSEMENT.] (a)The board80.26may considerApplications for reimbursement may be submitted for 80.27 consideration by the board at the following stages: 80.28 (1) afterthe commissioner approves corrective actions80.29related to soil excavation and treatment or after the80.30commissioner determines that further soil excavation and80.31treatment should not be done.costs have been incurred, and the 80.32 associated tasks completed, for excavation basin soil sampling, 80.33 excavation of contaminated soil, treatment of contaminated soil, 80.34 or remedial investigationcoststasks such as soilborings80.35 boring drilling, monitoringwellswell installation, vapor risk 80.36 assessment, andwell searches are reimbursable at this stage,81.1butgroundwater receptor survey; corrective action costs 81.2 relating to the construction and installation of a comprehensive 81.3 corrective action design system are not reimbursable at this 81.4 stage; and 81.5 (2) after costs have been incurred, and the associated 81.6 tasks completed, for tasks related to the construction and 81.7 installation of a comprehensive corrective action design system, 81.8 but only if the commissionerapproveshas approved a 81.9 comprehensive plan for corrective action that will adequately 81.10 address the entire release, including groundwater contamination 81.11 if necessary, for corrective action costs related to the81.12construction and installation of a comprehensive corrective81.13action design system. 81.14 (b) An applicant shall not submit an application for 81.15 reimbursement more frequently than four times per 12-month 81.16 period unless the application is for more than $2,000 in 81.17 reimbursement. 81.18(b)(c) The commissioner shall review a plan, and provide 81.19 an approval or disapproval to the applicant and the board, 81.20 within 60 days in the case of a plan submitted under paragraph 81.21 (a), clause (1), and within 120 days in the case of a plan 81.22 submitted under paragraph (a), clause (2), or the commissioner 81.23 shall explain to the board why additional time is necessary. 81.24 The board shall consider a complete initial application within 81.25 60 days of its submissionof the application under paragraph81.26(a), clause (1), and shall consider a complete supplemental 81.27 application within 120 days of its submissionof the application81.28under paragraph (a), clause (2), or the board shall explain for 81.29 the record why additional time is necessary.For purposes of81.30the preceding sentence, board consideration of an application is81.31timely if it occurs at the regularly scheduled meeting following81.32the deadline.Board staff may review applications submitted to 81.33 the board at the same time the commissioner considers the 81.34 appropriateness of the corrective action, but the board may not 81.35 act on the application until after the commissioner's approval 81.36 is received. 82.1(c)(d) A reimbursement may not be made unless the board 82.2 determines that the commissioner has determined that the 82.3 corrective action was appropriate in terms of protecting public 82.4 health, welfare, and the environment. 82.5 [EFFECTIVE DATE.] This section is effective the day 82.6 following final enactment. 82.7 Sec. 67. Minnesota Statutes 2000, section 115C.09, 82.8 subdivision 3, is amended to read: 82.9 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 82.10 The board shall reimburse from the fund 90 percent of the total 82.11 reimbursable costs incurred at the site to an eligible applicant 82.12from the fund in the following amounts:. However, the board may 82.13 reimburse an eligible applicant from the fund for greater than 82.14 90 percent of the total reimbursable costs, if the applicant 82.15 previously qualified for a higher reimbursement rate. 82.16(1) 90 percent of the total reimbursable costs on the first82.17$250,000 and 75 percent on any remaining costs in excess of82.18$250,000 on a site;82.19(2) for corrective actions at a residential site used as a82.20permanent residence at the time the release was discovered, 92.582.21percent of the total reimbursable costs on the first $100,00082.22and 100 percent of any remaining costs in excess of $100,000; or82.23(3) 90 percent of the total reimbursable costs on the first82.24$250,000 and 100 percent of the cumulative total reimbursable82.25costs in excess of $250,000 at all sites in which the82.26responsible person had interest, and for which the commissioner82.27has not issued a closure letter as of April 3, 1996, if the82.28responsible person dispensed less than 1,000,000 gallons of82.29petroleum at each location in each of the last three calendar82.30years that the responsible person dispensed petroleum at the82.31location and:82.32(i) has owned no more than three locations in the state at82.33which motor fuel was dispensed into motor vehicles and has82.34discontinued operation of all petroleum retail operations; or82.35(ii) has owned no more than one location in the state at82.36which motor fuel was dispensed into motor vehicles.Not more 83.1 than $1,000,000 may be reimbursed for costs associated with a 83.2 single release, regardless of the number of persons eligible for 83.3 reimbursement, and not more than $2,000,000 may be reimbursed 83.4 for costs associated with a single tank facility. 83.5 (b) A reimbursement may not be made from the fund under 83.6 this chapter until the board has determined that the costs for 83.7 which reimbursement is requested were actually incurred and were 83.8 reasonable. 83.9 (c) When an applicant has obtained responsible competitive 83.10 bids or proposals according to rules promulgated under this 83.11 chapter prior to June 1, 1995, the eligible costs for the tasks, 83.12 procedures, services, materials, equipment, and tests of the low 83.13 bid or proposal are presumed to be reasonable by the board, 83.14 unless the costs of the low bid or proposal are substantially in 83.15 excess of the average costs charged for similar tasks, 83.16 procedures, services, materials, equipment, and tests in the 83.17 same geographical area during the same time period. 83.18 (d) When an applicant has obtained a minimum of two 83.19 responsible competitive bids or proposals on forms prescribed by 83.20 the board and where the rules promulgated under this chapter 83.21 after June 1, 1995, designate maximum costs for specific tasks, 83.22 procedures, services, materials, equipment and tests, the 83.23 eligible costs of the low bid or proposal are deemed reasonable 83.24 if the costs are at or below the maximums set forth in the rules. 83.25 (e) Costs incurred for change orders executed as prescribed 83.26 in rules promulgated under this chapter after June 1, 1995, are 83.27 presumed reasonable if the costs are at or below the maximums 83.28 set forth in the rules, unless the costs in the change order are 83.29 above those in the original bid or proposal or are 83.30 unsubstantiated and inconsistent with the process and standards 83.31 required by the rules. 83.32 (f) A reimbursement may not be made from the fund in 83.33 response to either an initial or supplemental application for 83.34 costs incurred after June 4, 1987, that are payable under an 83.35 applicable insurance policy, except that if the board finds that 83.36 the applicant has made reasonable efforts to collect from an 84.1 insurer and failed, the board shall reimburse the applicant. 84.2 (g) If the board reimburses an applicant for costs for 84.3 which the applicant has insurance coverage, the board is 84.4 subrogated to the rights of the applicant with respect to that 84.5 insurance coverage, to the extent of the reimbursement by the 84.6 board. The board may request the attorney general to bring an 84.7 action in district court against the insurer to enforce the 84.8 board's subrogation rights. Acceptance by an applicant of 84.9 reimbursement constitutes an assignment by the applicant to the 84.10 board of any rights of the applicant with respect to any 84.11 insurance coverage applicable to the costs that are reimbursed. 84.12 Notwithstanding this paragraph, the board may instead request a 84.13 return of the reimbursement under subdivision 5 and may employ 84.14 against the applicant the remedies provided in that subdivision, 84.15 except where the board has knowingly provided reimbursement 84.16 because the applicant was denied coverage by the insurer. 84.17 (h) Money in the fund is appropriated to the board to make 84.18 reimbursements under this chapter. A reimbursement to a state 84.19 agency must be credited to the appropriation account or accounts 84.20 from which the reimbursed costs were paid. 84.21 (i) The board may reduce the amount of reimbursement to be 84.22 made under this chapter if it finds that the applicant has not 84.23 complied with a provision of this chapter, a rule or order 84.24 issued under this chapter, or one or more of the following 84.25 requirements: 84.26 (1) the agency was given notice of the release as required 84.27 by section 115.061; 84.28 (2) the applicant, to the extent possible, fully cooperated 84.29 with the agency in responding to the release; 84.30 (3) the state rules applicable after December 22, 1993, to 84.31 operating an underground storage tank and appurtenances without 84.32 leak detection; 84.33 (4) the state rules applicable after December 22, 1998, to 84.34 operating an underground storage tank and appurtenances without 84.35 corrosion protection or spill and overfill protection; and 84.36 (5) the state rule applicable after November 1, 1998, to 85.1 operating an aboveground tank without a dike or other structure 85.2 that would contain a spill at the aboveground tank site. 85.3 (j) The reimbursement may be reduced as much as 100 percent 85.4 for failure by the applicant to comply with the requirements in 85.5 paragraph (i), clauses (1) to (5). In determining the amount of 85.6 the reimbursement reduction, the board shall consider: 85.7 (1) the reasonable determination by the agency that the 85.8 noncompliance poses a threat to the environment; 85.9 (2) whether the noncompliance was negligent, knowing, or 85.10 willful; 85.11 (3) the deterrent effect of the award reduction on other 85.12 tank owners and operators; 85.13 (4) the amount of reimbursement reduction recommended by 85.14 the commissioner; and 85.15 (5) the documentation of noncompliance provided by the 85.16 commissioner. 85.17 (k) An applicant may assign the right to receive 85.18 reimbursement to each lender who advanced funds to pay the costs 85.19 of the corrective action or to each contractor or consultant who 85.20 provided corrective action services. An assignment must be made 85.21 by filing with the board a document, in a form prescribed by the 85.22 board, indicating the identity of the applicant, the identity of 85.23 the assignee, the dollar amount of the assignment, and the 85.24 location of the corrective action. An assignment signed by the 85.25 applicant is valid unless terminated by filing a termination 85.26 with the board, in a form prescribed by the board, which must 85.27 include the written concurrence of the assignee. The board 85.28 shall maintain an index of assignments filed under this 85.29 paragraph. The board shall pay the reimbursement to the 85.30 applicant and to one or more assignees by a multiparty check. 85.31 The board has no liability to an applicant for a payment under 85.32 an assignment meeting the requirements of this paragraph. 85.33 [EFFECTIVE DATE.] This section is effective the day 85.34 following final enactment. 85.35 Sec. 68. Minnesota Statutes 2000, section 115C.09, 85.36 subdivision 3h, is amended to read: 86.1 Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK 86.2 PLANTS.] (a) As used in this subdivision, "bulk plant" means an 86.3 aboveground or underground tank facility with a storage capacity 86.4 of more than 1,100 gallons but less than 1,000,000 gallons that 86.5 is used to dispense petroleum into cargo tanks for 86.6 transportation and sale at another location. 86.7 (b) Notwithstanding any other provision in this chapter and 86.8 any rules adopted pursuant to this chapter, the board shall 86.9 reimburse 90 percent of an applicant's cost for bulk plant 86.10 upgrades or closures completed between June 1, 1998, and 86.11 November 1, 2003, to comply with Minnesota Rules, chapter 7151, 86.12 provided that the board determines the costs were incurred and 86.13 reasonable. The reimbursement may not exceed $10,000 per bulk 86.14 plant. 86.15 (c) For corrective action at a bulk plant located on what 86.16 is or was railroad right-of-way, the board shall reimburse 90 86.17 percent of total reimbursable costs on the first $40,000 and 100 86.18 percent of any remaining reimbursable costs when the applicant 86.19 can document that one or more other bulk plants were operated on 86.20 the same section of right-of-way. 86.21 [EFFECTIVE DATE.] This section is effective the day 86.22 following final enactment. 86.23 Sec. 69. Minnesota Statutes 2000, section 115C.093, is 86.24 amended to read: 86.25 115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.] 86.26(a)The boardshallmay contract for performance audits of 86.27 corrective actions for which reimbursement is sought under 86.28 section 115C.09, subdivision 3, paragraph (a), clause (3), and 86.29 may contract for audits of other corrective actions. 86.30(b) A responsible person may request a performance audit86.31under this section. If the board denies the request, it must86.32provide the requester with the reasons for the denial.86.33(c) A performance audit conducted under this section must86.34evaluate the adequacy of the corrective actions, the validity of86.35the corrective action costs, and whether alternative methods or86.36technologies could have been used to carry out the corrective87.1actions at a lower cost. The board shall report the results of87.2audits conducted under this section to the chairs of the senate87.3committees on environment and natural resources and commerce and87.4consumer protection, the finance division of the senate87.5committee on environment and natural resources, and the house of87.6representatives committees on environment and natural resources,87.7environment and natural resources finance, and commerce,87.8tourism, and consumer affairs.Money in the fund is 87.9 appropriated to the board for the purposes of this section. 87.10 [EFFECTIVE DATE.] This section is effective the day 87.11 following final enactment. 87.12 Sec. 70. Minnesota Statutes 2000, section 115C.112, is 87.13 amended to read: 87.14 115C.112 [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS 87.15 BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.] 87.16 The commissioner of commerce may by order deny a 87.17 registration, censure, suspend, or revoke a registrant and 87.18 require payment of all costs of proceedings resulting in an 87.19 action instituted under this section and impose a civil penalty 87.20 of not more than $10,000 if the commissioner of commerce finds: 87.21 (i) that the order is in the public interest; and (ii) that the 87.22 registrant or, in the case of a registrant that is not a natural 87.23 person, any partner, officer, or director, any person occupying 87.24 a similar status or performing similar functions, or any person 87.25 directly or indirectly controlling the registrant: 87.26 (1) has engaged in conduct that departs from or fails to 87.27 conform to the minimal standards of acceptable and prevailing 87.28 engineering, hydrogeological, or other technical practices 87.29 within the reasonable control of the consultant or contractor; 87.30 (2) has participated in a kickback scheme prohibited under 87.31 section 115C.045; 87.32 (3) has engaged in conduct likely to deceive or defraud, or 87.33 demonstrating a willful or careless disregard for public health 87.34 or the environment; 87.35 (4) has committed fraud, embezzlement, theft, forgery, 87.36 bribery, falsified or destroyed records, made false statements, 88.1 received stolen property, made false claims, or obstructed 88.2 justice; 88.3 (5) is the subject of an order revoking, suspending, 88.4 restricting, limiting, or imposing other disciplinary action 88.5 against the contractor's or consultant's license or 88.6 certification in another state or jurisdiction; 88.7 (6) if the person is a consultant, has failed to comply 88.8 with any of the ongoing obligations for registration as a 88.9 consultant in section 115C.11, subdivision 1; 88.10 (7) has failed to comply with any provision or any rule or 88.11 order under this chapter or chapter 45; 88.12 (8) has engaged in anticompetitive activity; 88.13 (9) has performed corrective action without having an 88.14 accurate and complete registration on file with the board or has 88.15 allowed another to perform corrective action when that party 88.16 does not have a complete registration on file with the board; 88.17 (10) has been shown to be incompetent, untrustworthy, or 88.18 financially irresponsible;or88.19 (11) has made or assisted another in making any material 88.20 misrepresentation or omission to the board, commissioner, 88.21 commissioner of commerce, or upon reasonable request has 88.22 withheld or concealed information from, or refused to furnish 88.23 information to, the board, commissioner, or commissioner of 88.24 commerce; or 88.25 (12) has failed to reasonably supervise its employees or 88.26 representatives to assure their compliance with this chapter and 88.27 Minnesota Rules, chapter 2890. 88.28 [EFFECTIVE DATE.] This section is effective the day 88.29 following final enactment. 88.30 Sec. 71. Minnesota Statutes 2000, section 115C.13, is 88.31 amended to read: 88.32 115C.13 [REPEALER.] 88.33 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 88.34 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 88.35115C.092,115C.093, 115C.10, 115C.11,and115C.111, 115C.112, 88.36 115C.12, and 115C.13, are repealed effective June 30, 2005. 89.1 [EFFECTIVE DATE.] This section is effective the day 89.2 following final enactment. 89.3 Sec. 72. Minnesota Statutes 2000, section 116.07, 89.4 subdivision 2, is amended to read: 89.5 Subd. 2. [ADOPTION OF STANDARDS.] The pollution control 89.6 agency shall improve air quality by promoting, in the most 89.7 practicable way possible, the use of energy sources and waste 89.8 disposal methods which produce or emit the least air 89.9 contaminants consistent with the agency's overall goal of 89.10 reducing all forms of pollution. The agency shall also adopt 89.11 standards of air quality, including maximum allowable standards 89.12 of emission of air contaminants from motor vehicles, recognizing 89.13 that due to variable factors, no single standard of purity of 89.14 air is applicable to all areas of the state. In adopting 89.15 standards the pollution control agency shall give due 89.16 recognition to the fact that the quantity or characteristics of 89.17 air contaminants or the duration of their presence in the 89.18 atmosphere, which may cause air pollution in one area of the 89.19 state, may cause less or not cause any air pollution in another 89.20 area of the state, and it shall take into consideration in this 89.21 connection such factors, including others which it may deem 89.22 proper, as existing physical conditions, zoning classifications, 89.23 topography, prevailing wind directions and velocities, and the 89.24 fact that a standard of air quality which may be proper as to an 89.25 essentially residential area of the state, may not be proper as 89.26 to a highly developed industrial area of the state. Such 89.27 standards of air quality shall be premised upon scientific 89.28 knowledge of causes as well as effects based on technically 89.29 substantiated criteria and commonly accepted practices. No 89.30 local government unit shall set standards of air quality which 89.31 are more stringent than those set by the pollution control 89.32 agency. 89.33 The pollution control agency shall promote solid waste 89.34 disposal control by encouraging the updating of collection 89.35 systems, elimination of open dumps, and improvements in 89.36 incinerator practices. The agency shall also adopt standards 90.1 for the control of the collection, transportation, storage, 90.2 processing, and disposal of solid waste and sewage sludge for 90.3 the prevention and abatement of water, air, and land pollution, 90.4 recognizing that due to variable factors, no single standard of 90.5 control is applicable to all areas of the state. In adopting 90.6 standards, the pollution control agency shall give due 90.7 recognition to the fact that elements of control which may be 90.8 reasonable and proper in densely populated areas of the state 90.9 may be unreasonable and improper in sparsely populated or remote 90.10 areas of the state, and it shall take into consideration in this 90.11 connection such factors, including others which it may deem 90.12 proper, as existing physical conditions, topography, soils and 90.13 geology, climate, transportation, and land use. Such standards 90.14 of control shall be premised on technical criteria and commonly 90.15 accepted practices. 90.16 The pollution control agency shall also adopt standards 90.17 describing the maximum levels of noise in terms of sound 90.18 pressure level which may occur in the outdoor atmosphere, 90.19 recognizing that due to variable factors no single standard of 90.20 sound pressure is applicable to all areas of the state. Such 90.21 standards shall give due consideration to such factors as the 90.22 intensity of noises, the types of noises, the frequency with 90.23 which noises recur, the time period for which noises continue, 90.24 the times of day during which noises occur, and such other 90.25 factors as could affect the extent to which noises may be 90.26 injurious to human health or welfare, animal or plant life, or 90.27 property, or could interfere unreasonably with the enjoyment of 90.28 life or property. In adopting standards, the pollution control 90.29 agency shall give due recognition to the fact that the quantity 90.30 or characteristics of noise or the duration of its presence in 90.31 the outdoor atmosphere, which may cause noise pollution in one 90.32 area of the state, may cause less or not cause any noise 90.33 pollution in another area of the state, and it shall take into 90.34 consideration in this connection such factors, including others 90.35 which it may deem proper, as existing physical conditions, 90.36 zoning classifications, topography, meteorological conditions 91.1 and the fact that a standard which may be proper in an 91.2 essentially residential area of the state, may not be proper as 91.3 to a highly developed industrial area of the state. Such noise 91.4 standards shall be premised upon scientific knowledge as well as 91.5 effects based on technically substantiated criteria and commonly 91.6 accepted practices. No local governing unit shall set standards 91.7 describing the maximum levels of sound pressure which are more 91.8 stringent than those set by the pollution control agency. 91.9 The pollution control agency shall adopt standards for the 91.10 identification of hazardous waste and for the management, 91.11 identification, labeling, classification, storage, collection, 91.12 transportation, processing, and disposal of hazardous waste, 91.13 recognizing that due to variable factors, a single standard of 91.14 hazardous waste control may not be applicable to all areas of 91.15 the state. In adopting standards, the pollution control agency 91.16 shall recognize that elements of control which may be reasonable 91.17 and proper in densely populated areas of the state may be 91.18 unreasonable and improper in sparsely populated or remote areas 91.19 of the state. The agency shall consider existing physical 91.20 conditions, topography, soils, and geology, climate, 91.21 transportation and land use. Standards of hazardous waste 91.22 control shall be premised on technical knowledge, and commonly 91.23 accepted practices. Notwithstanding any rule to the contrary, 91.24 hazardous waste generator licenses may be issued for a term not 91.25 to exceed five years. No local government unit shall set 91.26 standards of hazardous waste control which are in conflict or 91.27 inconsistent with those set by the pollution control agency. 91.28 A person who generates less than 100 kilograms of hazardous 91.29 waste per month is exempt from the following agency hazardous 91.30 waste rules: 91.31 (1) rules relating to transportation, manifesting, storage, 91.32 and labeling for photographic fixer and X-ray negative wastes 91.33 that are hazardous solely because of silver content; and 91.34 (2) any rule requiring the generator to send to the agency 91.35 or commissioner a copy of each manifest for the transportation 91.36 of hazardous waste for off-site treatment, storage, or disposal. 92.1 Nothing in this paragraph exempts the generator from the 92.2 agency's rules relating to on-site accumulation or outdoor 92.3 storage. A political subdivision or other local unit of 92.4 government may not adopt management requirements that are more 92.5 restrictive than this paragraph. 92.6 Sec. 73. Minnesota Statutes 2000, section 116.07, 92.7 subdivision 4d, is amended to read: 92.8 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 92.9 fees in amounts not greater than those necessary to cover the 92.10 reasonable costs of reviewing and acting upon applications for 92.11 agency permits and implementing and enforcing the conditions of 92.12 the permits pursuant to agency rules. Permit fees shall not 92.13 include the costs of litigation. The fee schedule must reflect 92.14 reasonable and routine permitting, implementation, and 92.15 enforcement costs. The agency may impose an additional 92.16 enforcement fee to be collected for a period of up to two years 92.17 to cover the reasonable costs of implementing and enforcing the 92.18 conditions of a permit under the rules of the agency. Any money 92.19 collected under this paragraph shall be deposited in the 92.20 environmental fund. 92.21 (b) Notwithstanding paragraph (a), and section 16A.1285, 92.22 subdivision 2, the agency shall collect an annual fee from the 92.23 owner or operator of all stationary sources, emission 92.24 facilities, emissions units, air contaminant treatment 92.25 facilities, treatment facilities, potential air contaminant 92.26 storage facilities, or storage facilities subject to the 92.27 requirement to obtain a permit under subchapter V of the federal 92.28 Clean Air Act, United States Code, title 42, section 7401 et 92.29 seq., or section 116.081. The annual fee shall be used to pay 92.30 for all direct and indirect reasonable costs, including attorney 92.31 general costs, required to develop and administer the permit 92.32 program requirements of subchapter V of the federal Clean Air 92.33 Act, United States Code, title 42, section 7401 et seq., and 92.34 sections of this chapter and the rules adopted under this 92.35 chapter related to air contamination and noise. Those costs 92.36 include the reasonable costs of reviewing and acting upon an 93.1 application for a permit; implementing and enforcing statutes, 93.2 rules, and the terms and conditions of a permit; emissions, 93.3 ambient, and deposition monitoring; preparing generally 93.4 applicable regulations; responding to federal guidance; 93.5 modeling, analyses, and demonstrations; preparing inventories 93.6 and tracking emissions; and providing information to the public 93.7 about these activities. 93.8 (c) The agency shall set fees that: 93.9 (1) will result in the collection, in the aggregate, from 93.10 the sources listed in paragraph (b), of an amount not less than 93.11 $25 per ton of each volatile organic compound; pollutant 93.12 regulated under United States Code, title 42, section 7411 or 93.13 7412 (section 111 or 112 of the federal Clean Air Act); and each 93.14 pollutant, except carbon monoxide, for which a national primary 93.15 ambient air quality standard has been promulgated; 93.16 (2) may result in the collection, in the aggregate, from 93.17 the sources listed in paragraph (b), of an amount not less than 93.18 $25 per ton of each pollutant not listed in clause (1) that is 93.19 regulated under this chapter or air quality rules adopted under 93.20 this chapter; and 93.21 (3) shall collect, in the aggregate, from the sources 93.22 listed in paragraph (b), the amount needed to match grant funds 93.23 received by the state under United States Code, title 42, 93.24 section 7405 (section 105 of the federal Clean Air Act). 93.25 The agency must not include in the calculation of the aggregate 93.26 amount to be collected under clauses (1) and (2) any amount in 93.27 excess of 4,000 tons per year of each air pollutant from a 93.28 source. The increase in air permit fees to match federal grant 93.29 funds shall be a surcharge on existing fees. The commissioner 93.30 may not collect the surcharge after the grant funds become 93.31 unavailable. In addition, the commissioner shall use nonfee 93.32 funds to the extent practical to match the grant funds so that 93.33 the fee surcharge is minimized. Notwithstanding paragraph (a) 93.34 and section 16A.1285, any water quality fee collected under this 93.35 paragraph must be deposited to the special revenue fund. 93.36 (d) To cover the reasonable costs described in paragraph 94.1 (b), the agency shall provide in the rules promulgated under 94.2 paragraph (c) for an increase in the fee collected in each year 94.3 by the percentage, if any, by which the Consumer Price Index for 94.4 the most recent calendar year ending before the beginning of the 94.5 year the fee is collected exceeds the Consumer Price Index for 94.6 the calendar year 1989. For purposes of this paragraph the 94.7 Consumer Price Index for any calendar year is the average of the 94.8 Consumer Price Index for all-urban consumers published by the 94.9 United States Department of Labor, as of the close of the 94.10 12-month period ending on August 31 of each calendar year. The 94.11 revision of the Consumer Price Index that is most consistent 94.12 with the Consumer Price Index for calendar year 1989 shall be 94.13 used. 94.14 (e) Any money collected under paragraphs (b) to (d) must be 94.15 deposited in an air quality account in the environmental fund 94.16 and must be used solely for the activities listed in paragraph 94.17 (b). 94.18 (f) Persons who wish to construct or expand an air emission 94.19 facility may offer to reimburse the agency for the costs of 94.20 staff overtime or consultant services needed to expedite permit 94.21 review. The reimbursement shall be in addition to fees imposed 94.22 by paragraphs (a) to (d). When the agency determines that it 94.23 needs additional resources to review the permit application in 94.24 an expedited manner, and that expediting the review would not 94.25 disrupt air permitting program priorities, the agency may accept 94.26 the reimbursement. Reimbursements accepted by the agency are 94.27 appropriated to the agency for the purpose of reviewing the 94.28 permit application. Reimbursement by a permit applicant shall 94.29 precede and not be contingent upon issuance of a permit and 94.30 shall not affect the agency's decision on whether to issue or 94.31 deny a permit, what conditions are included in a permit, or the 94.32 application of state and federal statutes and rules governing 94.33 permit determinations. 94.34 Sec. 74. Minnesota Statutes 2000, section 116.12, 94.35 subdivision 1, is amended to read: 94.36 Subdivision 1. [FEE SCHEDULES.] The agency shall establish 95.1 the fees provided in subdivisions 2 and 3 to cover expenditures 95.2 ofamounts appropriated from the environmental fund tothe 95.3 agency for permitting, monitoring, inspection, and enforcement 95.4 expenses of the hazardous waste activities of the agency. 95.5 Notwithstanding section 16A.1285, all proceeds from fees 95.6 collected under subdivisions 2 and 3 must be deposited in the 95.7 special revenue fund. 95.8 Sec. 75. Minnesota Statutes 2000, section 116P.02, 95.9 subdivision 2, is amended to read: 95.10 Subd. 2. [ADVISORYCITIZENS TRUST FUND COMMITTEE.] 95.11 "AdvisoryCitizens trust fund committee" or "committee" means 95.12 theadvisorycitizens trust fund committee created in section 95.13 116P.06. 95.14 Sec. 76. Minnesota Statutes 2000, section 116P.03, is 95.15 amended to read: 95.16 116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 95.17(a)The trust fund may not be used as a substitute for 95.18 traditional sources of funding environmental and natural 95.19 resources activities, but the trust fund shall supplement the 95.20 traditional sources, including those sources used to support the 95.21 criteria in section 116P.08, subdivision 1. The trust fund must 95.22 be used primarily to support activities whose benefits become 95.23 available only over an extended period of time. 95.24(b) The commission must determine the amount of the state95.25budget spent from traditional sources to fund environmental and95.26natural resources activities before and after the trust fund is95.27established and include a comparison of the amount in the report95.28under section 116P.09, subdivision 7.95.29 Sec. 77. Minnesota Statutes 2000, section 116P.05, is 95.30 amended to read: 95.31 116P.05 [LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES.] 95.32 Subdivision 1. [MEMBERSHIP.] (a) A legislative commission 95.33 on Minnesota resources of20ten members is created, consisting 95.34 of the chairs of the house and senate committees on environment 95.35 and natural resources policy or designees appointed for the 95.36 terms of the chairs, the chairs of the house and senate 96.1 committees on environment and natural resources finance or 96.2 designees appointed for the terms of the chairs,the chairs of96.3the house ways and means and senate finance committees or96.4designees appointed for the terms of the chairs, seventhree 96.5 members of the senate appointed by the subcommittee on 96.6 committees of the committee on rules and administration, 96.7 andseventhree members of the house appointed by the speaker. 96.8 At leastthreetwo members from the senate andthreetwo 96.9 members from the house must be from the minority caucus. 96.10 Members are entitled to reimbursement for per diem expenses plus 96.11 travel expenses incurred in the services of the commission. 96.12 (b) Members shall appoint a chair who shall preside and 96.13 convene meetings as often as necessary to conduct duties 96.14 prescribed by this chapter. 96.15 (c) Members shall serve on the commission until their 96.16 successors are appointed. 96.17 (d) Vacancies occurring on the commission shall not affect 96.18 the authority of the remaining members of the commission to 96.19 carry out their duties, and vacancies shall be filled in the 96.20 same manner under paragraph (a). 96.21 Subd. 2. [DUTIES.] (a)The commission shall recommend a96.22budget plan for expenditures from the environment and natural96.23resources trust fund and shall adopt a strategic plan as96.24provided in section 116P.08The commission, with the assistance 96.25 of the committee, must develop a strategic plan as provided in 96.26 section 116P.08 to guide expenditures from the trust fund. 96.27 (b) The commissionshallmay recommend annual expenditures 96.28 to the legislature from the Minnesota future resources fund 96.29 under section 116P.13. 96.30 (c) It is a condition of acceptance of the appropriations 96.31 made from the Minnesota future resources fund, Minnesota 96.32 environment and natural resources trust fund, and oil overcharge 96.33 money under section 4.071, subdivision 2, that the agency or 96.34 entity receiving the appropriation must submit a work program 96.35 and semiannual progress reports in the form determined by the 96.36 legislative commission on Minnesota resources. None of the 97.1 money provided may be spent unless the committee or the 97.2 commission has approved the pertinent work program. 97.3 (d)TheAny peer review panel created under section 116P.08 97.4 must also review, comment, and report to the commission on 97.5 research proposals applying for an appropriation from the 97.6 Minnesota resources fund and from oil overcharge money under 97.7 section 4.071, subdivision 2. 97.8 (e) The committee and commission may adopt operating 97.9 procedures to fulfill its duties under sections 116P.01 to 97.10 116P.13. 97.11 Sec. 78. Minnesota Statutes 2000, section 116P.06, is 97.12 amended to read: 97.13 116P.06 [ADVISORYCITIZENS TRUST FUND COMMITTEE.] 97.14 Subdivision 1. [MEMBERSHIP.] (a)An advisoryA citizens 97.15 trust fund committee of11nine citizen members shall be 97.16appointed by thecreated, three members appointed by the speaker 97.17 of the house and three members appointed by the subcommittee on 97.18 committees of the senate committee on rules and administration, 97.19 and three members appointed by the governor to advise the 97.20legislative commission on Minnesota resourceslegislature on 97.21 project proposals to receive funding from the trust fund and the 97.22 development of budget and strategic plans.The governor shall97.23appoint at least one member from each congressional97.24district.The citizen members appointed must have demonstrated 97.25 knowledge of environment and natural resources issues. The 97.26governorcitizen members shall appoint one of the citizens as 97.27 the chair. 97.28 (b) The governor's appointees must be confirmed with the 97.29 advice and consent of the senate. The membership terms, 97.30 compensation, removal, and filling of vacancies for citizen 97.31 members of theadvisorycommittee are governed by section 97.32 15.0575. Notwithstanding section 15.059, subdivision 5, or 97.33 other law to the contrary, the advisory committee does not 97.34 expire until June 30, 2005. 97.35 Subd. 2. [DUTIES.] (a) Theadvisorycommittee shall: 97.36 (1)prepare and submit to the commission a draft strategic98.1plan to guide expenditures from the trust fund;98.2(2) review the reinvest in Minnesota program during98.3development of the draft strategic plan;98.4(3) gather input from the resources congress during98.5development of the draft strategic plan;98.6(4)advise thecommissionlegislature annually on project 98.7 proposals to receive funding from the trust fund;and98.8(5)(2) advise thecommissionlegislature on development of 98.9 the budget plan; and 98.10 (3) develop a process and procedure for making trust fund 98.11 expenditure recommendations, in accordance with the strategic 98.12 plan, and submit them to the legislature. 98.13 (b) Theadvisorycommittee may review all project proposals 98.14 for funding andmayshall make recommendations to thecommission98.15 legislature on whether the projects: 98.16 (1) meet the standards and funding categories set forth in 98.17 sections 116P.01 to 116P.12; 98.18 (2) duplicate existing federal, state, or local projects 98.19 being conducted within the state; and 98.20 (3) are consistent with the most recent strategic plan 98.21 adopted by the commission. 98.22 Sec. 79. Minnesota Statutes 2000, section 116P.07, is 98.23 amended to read: 98.24 116P.07 [RESOURCES CONGRESSINFORMATION GATHERING.] 98.25 The committee and commissionmustmay convenea resources98.26congress at least once every biennium and shall develop98.27procedures for the congresspublic forums to gather information 98.28 for establishing priorities for funding.The congress must be98.29open to all interested individuals. The purpose of the congress98.30is to collect public input necessary to allow the commission,98.31with the advice of the advisory committee, to develop a98.32strategic plan to guide expenditures from the trust fund. The98.33congress also may be convened to receive and review reports on98.34trust fund projects. The congress shall also review the reinvest98.35in Minnesota program.98.36 Sec. 80. Minnesota Statutes 2000, section 116P.08, 99.1 subdivision 1, is amended to read: 99.2 Subdivision 1. [EXPENDITURES.] Money in the trust fund may 99.3 be spent only for: 99.4 (1) the reinvest in Minnesota program as provided in 99.5 section 84.95, subdivision 2; 99.6 (2) research that contributes to increasing the 99.7 effectiveness of protecting or managing the state's environment 99.8 or natural resources; 99.9 (3) collection and analysis of information that assists in 99.10 developing the state's environmental and natural resources 99.11 policies; 99.12 (4) enhancement of public education, awareness, and 99.13 understanding necessary for the protection, conservation, 99.14 restoration, and enhancement of air, land, water, forests, fish, 99.15 wildlife, and other natural resources; 99.16 (5)capital projectsacquisition, development, and 99.17 enhancement for the long-term preservation and protection of 99.18 unique natural resources; 99.19 (6) activities that preserve or enhance fish, wildlife, 99.20 land, air, water, and other natural resources that otherwise may 99.21 be substantially impaired or destroyed in any area of the state; 99.22 (7) administrative and investment expenses incurred by the 99.23 state board of investment in investing deposits to the trust 99.24 fund; and 99.25 (8) administrative expenses subject to the limits in 99.26 section 116P.09. 99.27 Sec. 81. Minnesota Statutes 2000, section 116P.08, 99.28 subdivision 3, is amended to read: 99.29 Subd. 3. [STRATEGIC PLAN REQUIRED.](a)The commission, 99.30 with the assistance of the committee, shall adopt a strategic 99.31 plan for making expenditures from the trust fund, including 99.32 identifying the priority areas for funding for the next six 99.33 years. The reinvest in Minnesota program must be reviewed, and 99.34 information gathering under section 116P.07 must take place, 99.35 during development of the strategic plan. The commission shall 99.36 make the recommendations for expenditures annually from the 100.1 six-year plan in up to three priority areas. The strategic plan 100.2 must be updated every two years.The plan is advisory only.100.3 The commission shall submit the plan, as a recommendation, to 100.4 the house of representatives appropriations and senate finance 100.5 committees by January 1 of each odd-numbered year. 100.6(b) The commission may accept or modify the draft of the100.7strategic plan submitted to it by the advisory committee before100.8voting on the plan's adoption.100.9 Sec. 82. Minnesota Statutes 2000, section 116P.08, 100.10 subdivision 4, is amended to read: 100.11 Subd. 4. [BUDGET PLAN.] (a) Funding may be provided only 100.12 for those projects that meet the categories established in 100.13 subdivision 1. 100.14 (b)Projects submitted to the commission for funding may be100.15referred to the advisory committee for recommendationThe 100.16 commission must seek advice from environment and natural 100.17 resource professionals, private organizations, interested 100.18 individuals, and federal, state, and local agencies to establish 100.19 the priorities for funding. 100.20(c)Thecommissioncommittee must adopt a budget plan to 100.21 make annual expenditures from the trust fund for the purposes 100.22 provided in subdivision 1 and the priorities established by the 100.23 commission. The budget plan must be submitted tothe governor100.24for inclusion in the biennial budget and supplemental budget100.25submitted tothe commission for review and comment and then 100.26 submitted to the legislature. 100.27 (d) Money in the trust fund may not be spent except under 100.28 an appropriation by law. 100.29 Sec. 83. Minnesota Statutes 2000, section 116P.08, 100.30 subdivision 5, is amended to read: 100.31 Subd. 5. [PUBLIC MEETINGS.] Alladvisorycommittee and 100.32 commission meetings must be open to the public. The committee 100.33 and commission shall attempt to meet atleast once in each of100.34the state's congressional districtsvarious locations around the 100.35 state during each biennium. 100.36 Sec. 84. Minnesota Statutes 2000, section 116P.08, 101.1 subdivision 6, is amended to read: 101.2 Subd. 6. [PEER REVIEW.] (a) Research proposals must 101.3 include a stated purpose, timeline, potential outcomes, and an 101.4 explanation of the need for the research. All research 101.5 proposals must be reviewed by a peer reviewpanelprocess before 101.6 receiving an appropriation. 101.7 (b)In conducting research proposal reviews,The peer 101.8 reviewpanel shallprocess must: 101.9 (1) comment on the methodology proposed and whether it can 101.10 be expected to yield appropriate and useful information and 101.11 data; 101.12 (2) comment on the need for the research and about similar 101.13 existing information available, if any; and 101.14 (3) report to thecommission and advisorycommittee on 101.15 clauses (1) and (2). 101.16 (c)TheAny peer review panel convened by the committee 101.17 also must review completed research proposals that have received 101.18 an appropriation and comment and report upon whether the project 101.19 reached the intended goals. 101.20 Sec. 85. Minnesota Statutes 2000, section 116P.08, 101.21 subdivision 7, is amended to read: 101.22 Subd. 7. [PEER REVIEW PANEL MEMBERSHIP.] (a)TheA peer 101.23 review panel convened by the committee must consist of at least 101.24 five members who are knowledgeable in general research methods 101.25 in the areas of environment and natural resources. Not more 101.26 than two members of the panel may be employees of state agencies 101.27 in Minnesota. 101.28 (b) When appropriate, thecommissioncommittee shall select 101.29 a chair every two years who shall be responsible for convening 101.30 meetings of the panel as often as is necessary to fulfill its 101.31 duties as prescribed in this section. Compensation of panel 101.32 members is governed by section 15.059, subdivision 3. 101.33 Sec. 86. Minnesota Statutes 2000, section 116P.09, 101.34 subdivision 1, is amended to read: 101.35 Subdivision 1. [ADMINISTRATIVE AUTHORITY.] The commission 101.36 may appoint legal and other personnel and consultants necessary 102.1 to carry out functions and duties of the committee and 102.2 commission. Permanent employees shall be in the unclassified 102.3 service. In addition, the committee and commission may request 102.4 staff assistance and data from any other agency of state 102.5 government as needed for the execution ofthetheir 102.6 responsibilitiesof the commission and advisory committeeand an 102.7 agency must promptly furnish it. 102.8 Sec. 87. Minnesota Statutes 2000, section 116P.09, 102.9 subdivision 5, is amended to read: 102.10 Subd. 5. [ADMINISTRATIVE EXPENSE.]The administrative102.11expenses of the commission shall be paid from the various funds102.12administered by the commission as follows:102.13(1) Through June 30, 1993, the administrative expenses of102.14the commission and the advisory committee shall be paid from the102.15Minnesota future resources fund. After that time, the prorated102.16expenses related to administration of the trust fund shall be102.17paid from the earnings of the trust fund.102.18(2) After June 30, 1993,The prorated expenses related to 102.19 administration of the trust fund may not exceed an amount equal 102.20 to four percent of theprojected earnings of the trust fund for102.21the bienniumrecommended expenditures. 102.22 Sec. 88. Minnesota Statutes 2000, section 116P.09, 102.23 subdivision 6, is amended to read: 102.24 Subd. 6. [CONFLICT OF INTEREST.] A commission member, 102.25advisorycommittee member, peer review panelist, or an employee 102.26 of the commission may not participate in or vote on a decision 102.27 of the commission,advisorycommittee, or peer review panel 102.28 relating to an organization in which the member, panelist, or 102.29 employee has either a direct or indirect personal financial 102.30 interest. While serving on the legislative commission,advisory102.31 committee, or peer review panel, or being an employee of the 102.32 commission, a person shall avoid any potential conflict of 102.33 interest. 102.34 Sec. 89. Minnesota Statutes 2000, section 116P.09, 102.35 subdivision 7, is amended to read: 102.36 Subd. 7. [REPORT REQUIRED.] The committee and the 103.1 commission shall, by January 15 of each odd-numbered year, 103.2 submit a joint report to the governor, the chairs of the house 103.3 appropriations and senate finance committees, and the chairs of 103.4 the house and senate committees on environment and natural 103.5 resources. Copies of the report must be available to the 103.6 public. The report must include: 103.7 (1) a copy of the current strategic plan; 103.8 (2) a description of each project receiving money from the 103.9 trust fund and Minnesota future resources fund during the 103.10 preceding biennium; 103.11 (3) a summary of any research project completed in the 103.12 preceding biennium; 103.13 (4) recommendations to implement successful projects and 103.14 programs into a state agency's standard operations; 103.15 (5) to the extent known by the committee and commission, 103.16 descriptions of the projects anticipated to be supported by the 103.17 trust fund and Minnesota future resources account during the 103.18 next biennium; 103.19 (6) the source and amount of all revenues collected and 103.20 distributed by the committee and commission, including all 103.21 administrative and other expenses; 103.22 (7) a description of the assets and liabilities of the 103.23 trust fund and the Minnesota future resources fund; 103.24 (8) any findings or recommendations that are deemed proper 103.25 to assist the legislature in formulating legislation; 103.26 (9) a list of all gifts and donations with a value over 103.27 $1,000; and 103.28 (10)a comparison of the amounts spent by the state for103.29environment and natural resources activities through the most103.30recent fiscal year; and103.31(11)a copy of the most recent compliance audit. 103.32 Sec. 90. Minnesota Statutes 2000, section 116P.10, is 103.33 amended to read: 103.34 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 103.35 This section applies to projects supported by the trust 103.36 fund, the Minnesota future resources fund, and the oil 104.1 overcharge money referred to in section 4.071, subdivision 2, 104.2 each of which is referred to in this section as a "fund." The 104.3 fund owns and shall take title to the percentage of a royalty, 104.4 copyright, or patent resulting from a project supported by the 104.5 fund equal to the percentage of the project's total funding 104.6 provided by the fund. Cash receipts resulting from a royalty, 104.7 copyright, or patent, or the sale of the fund's rights to a 104.8 royalty, copyright, or patent, must be credited immediately to 104.9 the principal of the fund. Before a project is included in the 104.10 budget plan, the committee and the commission may vote to 104.11 relinquish the ownership or rights to a royalty, copyright, or 104.12 patent resulting from a project supported by the fund to the 104.13 project's proposer when the amount of the original grant or 104.14 loan, plus interest, has been repaid to the fund. 104.15 Sec. 91. Minnesota Statutes 2000, section 116P.11, is 104.16 amended to read: 104.17 116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 104.18 (a) The amount biennially available from the trust fund for 104.19 the budget plan developed by thecommission consists of the104.20earnings generated from the trust fundcommittee is as defined 104.21 in the Minnesota Constitution, article XI, section 14.Earnings104.22generated from the trust fund shall equal the amount of interest104.23on debt securities and dividends on equity securities.Gains 104.24 and losses arising from the sale of securities shall be 104.25 apportioned as follows: 104.26 (1) if the sale of securities results in a net gain during 104.27 a fiscal year, the gain shall be apportioned in equal 104.28 installments over the next ten fiscal years to offset net losses 104.29 in those years. If any portion of an installment is not needed 104.30 to recover subsequent losses identified in paragraph (b), it 104.31 shall be added to the principal of the fund; and 104.32 (2) if the sale of securities results in a net loss during 104.33 a fiscal year, the net loss shall be recovered from the gains in 104.34 paragraph (a) apportioned to that fiscal year. If such gains 104.35 are insufficient, any remaining net loss shall be recovered from 104.36 interest and dividend income in equal installments over the 105.1 following ten fiscal years. 105.2 (b)For funding projects until fiscal year 1997, the105.3following additional amounts are available from the trust fund105.4for the budget plans developed by the commission:105.5(1) for the 1991-1993 biennium, up to 25 percent of the105.6revenue deposited in the trust fund in fiscal years 1990 and105.71991;105.8(2) for the 1993-1995 biennium, up to 20 percent of the105.9revenue deposited in the trust fund in fiscal year 1992 and up105.10to 15 percent of the revenue deposited in the fund in fiscal105.11year 1993;105.12(3) for the 1993-1995 biennium, up to 25 percent of the105.13revenue deposited in the trust fund in fiscal years 1994 and105.141995, to be expended only for capital investments in parks and105.15trails; and105.16(4) for the 1995-1997 biennium, up to 25 percent of the105.17revenue deposited in the fund in fiscal year 1996, to be105.18expended only for capital investments in parks and trails.105.19(c)Any appropriated funds not encumbered in the biennium 105.20 in which they are appropriated cancel and must be credited to 105.21 the principal of the trust fund. 105.22 Sec. 92. Minnesota Statutes 2000, section 116P.13, 105.23 subdivision 3, is amended to read: 105.24 Subd. 3. [REVENUE PURPOSES.] Revenue in the Minnesota 105.25 future resources fund may be spent annually for purposes of 105.26 natural resources acceleration and outdoor recreation, including 105.27 but not limited to the development, maintenance, and operation 105.28 of the state outdoor recreation system under chapter 86A and 105.29 regional recreation open space systems as defined under section 105.30 473.351, subdivision 1. 105.31 Sec. 93. [116P.14] [FEDERAL LAND AND WATER CONSERVATION 105.32 FUNDS.] 105.33 Subdivision 1. [DESIGNATED AGENCY.] The department of 105.34 natural resources is designated as the state agency to apply 105.35 for, accept, receive, and disburse federal reimbursement funds 105.36 and private funds, which are granted to the state of Minnesota 106.1 from the federal Land and Water Conservation Fund Act. 106.2 Subd. 2. [LOCAL SHARE.] Fifty percent of all money made 106.3 available to the state from funds granted under subdivision 1 106.4 shall be distributed for projects to be acquired, developed, and 106.5 maintained by local units of government, providing that any 106.6 project approved is consistent with a statewide or a county or 106.7 regional recreational plan and compatible with the statewide 106.8 recreational plan. All money received by the department for 106.9 local units of government shall be deposited in the state 106.10 treasury. 106.11 Subd. 3. [STATE LAND AND WATER CONSERVATION ACCOUNT; 106.12 CREATION.] A state land and water conservation account is 106.13 created in the Minnesota future resources fund. Fifty percent 106.14 of the money made available to the state from funds granted 106.15 under subdivision 1 shall be deposited in the state land and 106.16 water conservation account. 106.17 Subd 4. [USE OF MONEY.] Except as provided in subdivision 106.18 3, money appropriated from the state land and water conservation 106.19 account shall be used for state land acquisition and development 106.20 for the state outdoor recreation system under chapter 86A. 106.21 Sec. 94. [116P.15] [LAND ACQUISITION RESTRICTIONS.] 106.22 Subdivision 1. [SCOPE.] A recipient of an appropriation 106.23 from the trust fund or the Minnesota future resources fund who 106.24 acquires an interest in real property with the appropriation 106.25 must comply with this section. For the purposes of this 106.26 section, "interest in real property" includes, but is not 106.27 limited to, an easement or fee title to property. 106.28 Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 106.29 interest in real property acquired with an appropriation from 106.30 the trust fund or the Minnesota future resources fund must be 106.31 used in perpetuity or for the specific term of an easement 106.32 interest for the purpose for which the appropriation was made. 106.33 (b) A recipient of funding who acquires an interest in real 106.34 property subject to this section may not alter the intended use 106.35 of such interest in real property or convey any interest in the 106.36 real property without the prior review and approval of the 107.1 commission. The commission shall establish procedures to review 107.2 requests from recipients to alter the use of or convey an 107.3 interest in real property. These procedures shall allow for the 107.4 replacement of the interest in real property with another 107.5 interest in real property meeting the following criteria: 107.6 (1) the interest is at least equal in fair market value, as 107.7 certified by the commissioner of natural resources, to the 107.8 interest being replaced; and 107.9 (2) the interest is in a reasonably equivalent location, 107.10 and has a reasonably equivalent usefulness compared to the 107.11 interest being replaced. 107.12 (c) An interest in real property acquired with an 107.13 appropriation from the trust fund or the Minnesota future 107.14 resources fund to be held by an entity other than this state 107.15 shall include the following restrictive covenant on the 107.16 conveyance instrument used to acquire the real property 107.17 interests: 107.18 "The above described property shall be administered in 107.19 accordance with the terms, conditions, and purposes of the grant 107.20 agreement or work program controlling the acquisition of the 107.21 property. The property, or any portion of the property, shall 107.22 not be sold, transferred, pledged, or otherwise disposed of or 107.23 further encumbered without obtaining the prior written approval 107.24 of the legislative commission on Minnesota resources. If the 107.25 holder of the property fails to comply with the terms and 107.26 conditions of the grant agreement or work program, ownership of 107.27 the property shall revert to this state." 107.28 Sec. 95. Minnesota Statutes 2000, section 256J.20, 107.29 subdivision 3, is amended to read: 107.30 Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for 107.31 MFIP, the equity value of all nonexcluded real and personal 107.32 property of the assistance unit must not exceed $2,000 for 107.33 applicants and $5,000 for ongoing participants. The value of 107.34 assets in clauses (1) to(20)(19) must be excluded when 107.35 determining the equity value of real and personal property: 107.36 (1) a licensed vehicle up to a loan value of less than or 108.1 equal to $7,500. The county agency shall apply any excess loan 108.2 value as if it were equity value to the asset limit described in 108.3 this section. If the assistance unit owns more than one 108.4 licensed vehicle, the county agency shall determine the vehicle 108.5 with the highest loan value and count only the loan value over 108.6 $7,500, excluding: (i) the value of one vehicle per physically 108.7 disabled person when the vehicle is needed to transport the 108.8 disabled unit member; this exclusion does not apply to mentally 108.9 disabled people; (ii) the value of special equipment for a 108.10 handicapped member of the assistance unit; and (iii) any vehicle 108.11 used for long-distance travel, other than daily commuting, for 108.12 the employment of a unit member. 108.13 The county agency shall count the loan value of all other 108.14 vehicles and apply this amount as if it were equity value to the 108.15 asset limit described in this section. To establish the loan 108.16 value of vehicles, a county agency must use the N.A.D.A. 108.17 Official Used Car Guide, Midwest Edition, for newer model cars. 108.18 When a vehicle is not listed in the guidebook, or when the 108.19 applicant or participant disputes the loan value listed in the 108.20 guidebook as unreasonable given the condition of the particular 108.21 vehicle, the county agency may require the applicant or 108.22 participant document the loan value by securing a written 108.23 statement from a motor vehicle dealer licensed under section 108.24 168.27, stating the amount that the dealer would pay to purchase 108.25 the vehicle. The county agency shall reimburse the applicant or 108.26 participant for the cost of a written statement that documents a 108.27 lower loan value; 108.28 (2) the value of life insurance policies for members of the 108.29 assistance unit; 108.30 (3) one burial plot per member of an assistance unit; 108.31 (4) the value of personal property needed to produce earned 108.32 income, including tools, implements, farm animals, inventory, 108.33 business loans, business checking and savings accounts used at 108.34 least annually and used exclusively for the operation of a 108.35 self-employment business, and any motor vehicles if at least 50 108.36 percent of the vehicle's use is to produce income and if the 109.1 vehicles are essential for the self-employment business; 109.2 (5) the value of personal property not otherwise specified 109.3 which is commonly used by household members in day-to-day living 109.4 such as clothing, necessary household furniture, equipment, and 109.5 other basic maintenance items essential for daily living; 109.6 (6) the value of real and personal property owned by a 109.7 recipient of Supplemental Security Income or Minnesota 109.8 supplemental aid; 109.9 (7) the value of corrective payments, but only for the 109.10 month in which the payment is received and for the following 109.11 month; 109.12 (8) a mobile home or other vehicle used by an applicant or 109.13 participant as the applicant's or participant's home; 109.14 (9) money in a separate escrow account that is needed to 109.15 pay real estate taxes or insurance and that is used for this 109.16 purpose; 109.17 (10) money held in escrow to cover employee FICA, employee 109.18 tax withholding, sales tax withholding, employee worker 109.19 compensation, business insurance, property rental, property 109.20 taxes, and other costs that are paid at least annually, but less 109.21 often than monthly; 109.22 (11) monthly assistance, emergency assistance, and 109.23 diversionary payments for the current month's needs; 109.24 (12) the value of school loans, grants, or scholarships for 109.25 the period they are intended to cover; 109.26 (13) payments listed in section 256J.21, subdivision 2, 109.27 clause (9), which are held in escrow for a period not to exceed 109.28 three months to replace or repair personal or real property; 109.29 (14) income received in a budget month through the end of 109.30 the payment month; 109.31 (15) savings from earned income of a minor child or a minor 109.32 parent that are set aside in a separate account designated 109.33 specifically for future education or employment costs; 109.34 (16) the federal earned income credit, Minnesota working 109.35 family credit, state and federal income tax refunds, state 109.36 homeowners and renters credits under chapter 290A, property tax 110.1 rebates and other federal or state tax rebates in the month 110.2 received and the following month; 110.3 (17) payments excluded under federal law as long as those 110.4 payments are held in a separate account from any nonexcluded 110.5 funds; 110.6 (18)money received by a participant of the corps to career110.7program under section 84.0887, subdivision 2, paragraph (b), as110.8a postservice benefit under the federal Americorps Act;110.9(19)the assets of children ineligible to receive MFIP 110.10 benefits because foster care or adoption assistance payments are 110.11 made on their behalf; and 110.12(20)(19) the assets of persons whose income is excluded 110.13 under section 256J.21, subdivision 2, clause (43). 110.14 Sec. 96. Minnesota Statutes 2000, section 473.608, is 110.15 amended by adding a subdivision to read: 110.16 Subd. 2a. [COLDWATER SPRINGS PROPERTY.] (a) The 110.17 metropolitan airports commission may acquire property, 110.18 consisting of approximately 27 acres in and around Coldwater 110.19 Springs in Hennepin county, from the Secretary of the Interior 110.20 of the United States or any other federal official or agency 110.21 authorized to transfer the property. If the commission acquires 110.22 the property, the commission may convey all of its interest in 110.23 the property, other than the interest permitted to be retained 110.24 under paragraph (b), to the commissioner of natural resources 110.25 for park, green space, or similar uses. 110.26 (b) To preserve its ability to conduct current or future 110.27 aviation operations at the Minneapolis-St. Paul International 110.28 Airport and to protect the commission from potential liability 110.29 for those aviation operations, the commission may: 110.30 (1) retain an easement permitting overflight or another 110.31 similar property interest in the property; or 110.32 (2) impose restrictions on the transferred property's use 110.33 that would be inconsistent with or may create conflicts with 110.34 aviation operations. 110.35 [EFFECTIVE DATE.] This section applies in the counties of 110.36 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington 111.1 and is effective the day following its final enactment. 111.2 Sec. 97. Minnesota Statutes 2000, section 473.845, 111.3 subdivision 3, is amended to read: 111.4 Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund 111.5 may only be appropriated to the agency for expenditure for: 111.6 (1) reasonable and necessary expenses for closure and 111.7 postclosure care of a mixed municipal solid waste disposal 111.8 facility in the metropolitan area for a 30-year period after 111.9 closure, if the agency determines that the operator or owner 111.10 will not take the necessary actions requested by the agency for 111.11 closure and postclosure in the manner and within the time 111.12 requested; 111.13 (2) reasonable and necessary response and postclosure costs 111.14 at a mixed municipal solid waste disposal facility in the 111.15 metropolitan area that has been closed for 30 years in 111.16 compliance with the closure and postclosure rules of the agency; 111.17or111.18 (3) reimbursement to a local government unit for costs 111.19 incurred over $400,000 under a work plan approved by the 111.20 commissioner of the agency to remediate methane at a closed 111.21 disposal facility owned by the local government unit; or 111.22 (4) reasonable and necessary response costs at a mixed 111.23 municipal solid waste disposal site that was permitted by the 111.24 agency to dispose of ash from a publicly owned wastewater 111.25 treatment facility. 111.26 Sec. 98. Laws 1995, chapter 220, section 142, as amended 111.27 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 111.28 section 1, and Laws 1999, chapter 231, section 191, is amended 111.29 to read: 111.30 Sec. 142. [EFFECTIVE DATES.] 111.31 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 111.32 and 141, paragraph (d), are effective the day following final 111.33 enactment. 111.34 Sections 114, 115, 118, and 121 are effective January 1, 111.35 1996. 111.36 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 112.1 paragraph (c), are effective July 1, 1996. 112.2 Section 141, paragraph (b), is effective June 30,20012007. 112.3 Sections 58 and 66 are effective retroactively to August 1, 112.4 1991. 112.5 Section 119 is effective September 1, 1996. 112.6 Section 120, subdivision 1, is effective July 1, 1999. 112.7 [EFFECTIVE DATE.] This section is effective the day 112.8 following final enactment. 112.9 Sec. 99. Laws 1996, chapter 407, section 32, subdivision 112.10 4, is amended to read: 112.11 Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory 112.12 committee is established to provide direction on the 112.13 establishment, planning, development, and operation of the Iron 112.14 Range off-highway vehicle recreation area. Except as provided 112.15 in paragraph (b), the commissioner of natural resources shall 112.16 appoint the members of the advisory committee. 112.17 (b) Membership on the advisory committee shall include: 112.18 (1) a representative of the all-terrain vehicle association 112.19 of Minnesota; 112.20 (2) a representative of the amateur riders of motorcycles 112.21 association; 112.22 (3) a representative of the Minnesota four-wheel drive 112.23 association; 112.24 (4) a representative of the St. Louis county board; 112.25 (5) a state representative appointed by the speaker of the 112.26 house of representatives; 112.27 (6) a state senator appointed by the senate committee on 112.28 committees; 112.29 (7) a designee of the local environmental community 112.30 selected by the area environmental organizations; 112.31 (8) a designee of the local tourism community selected by 112.32 the iron trail convention and visitors bureau; and 112.33 (9) a representative of the Tower regional office of the 112.34 department of natural resources. 112.35 (c) The advisory committee shall elect its own chair and 112.36 meetings shall be at the call of the chair. 113.1 (d) The advisory committee members shall serve as 113.2 volunteers and accept no per diem. 113.3 (e) Notwithstanding Minnesota Statutes, section 15.059, 113.4 subdivision 5, or other law to the contrary, the advisory 113.5 committee expires June 30, 2005. 113.6 [EFFECTIVE DATE.] This section is effective the day 113.7 following final enactment. 113.8 Sec. 100. Laws 1999, chapter 231, section 16, subdivision 113.9 4, is amended to read: 113.10 Subd. 4. Recreation 113.11 8,357,000 2,770,000 113.12 Summary by Fund 113.13 Future Resources 113.14 Fund 5,587,000 -0- 113.15 Trust Fund 2,770,000 2,770,000 113.16 (a) Local Initiatives Grants 113.17 Program. 113.18 This appropriation is to the 113.19 commissioner of natural resources to 113.20 provide matching grants, as follows: 113.21 (1) $1,953,000 is from the future 113.22 resources fund to local units of 113.23 government for local park and 113.24 recreation areas of up to $250,000 113.25 notwithstanding Minnesota Statutes, 113.26 section 85.019. $50,000 is to complete 113.27 the Larue Pit Recreation Development. 113.28 $28,000 is to the city of Hitterdal for 113.29 park construction at Lake Flora. 113.30 $460,000 is available on the day 113.31 following final enactment. 113.32 (2) $435,000 the first year and 113.33 $435,000 the second year are from the 113.34 trust fund to local units of government 113.35 for natural and scenic areas pursuant 113.36 to Minnesota Statutes, section 85.019. 113.37 (3)$1,484,000$1,324,000 is from the 113.38 future resources fund for trail grants 113.39 to local units of government on land to 113.40 be maintained for at least 20 years for 113.41 the purposes of the grant. $500,000 is 113.42 for grants of up to $50,000 per project 113.43 for trail linkages between communities, 113.44 trails, and parks, and $720,000 is for 113.45 grants of up to $250,000 for locally 113.46 funded trails of regional significance 113.47 outside the metropolitan area. $50,000 113.48 is to the upper Minnesota River valley 113.49 regional development commission for the 113.50 preliminary design and engineering of a 113.51 single segment of the Minnesota River 113.52 trail from Appleton to the Milan Beach 113.53 on Lake Lac Qui Parle.$160,000 is to114.1the Department of Natural Resources to114.2resurface four miles of recreational114.3trail from the town of Milan to Lake114.4Lac Qui Parle in Chippewa county.114.5 (4) $305,000 the first year and 114.6 $305,000 the second year are from the 114.7 trust fund for a statewide conservation 114.8 partners program, to encourage private 114.9 organizations and local governments to 114.10 cost share improvement of fish, 114.11 wildlife, and native plant habitats and 114.12 research and surveys of fish and 114.13 wildlife. Conservation partners grants 114.14 may be up to $20,000 each. $10,000 is 114.15 for an agreement with the Canby 114.16 Sportsman's Club for shelterbelts for 114.17 habitat and erosion control. 114.18 (5) $100,000 the first year and 114.19 $100,000 the second year are from the 114.20 trust fund for environmental 114.21 partnerships program grants of up to 114.22 $20,000 each for environmental service 114.23 projects and related education 114.24 activities through public and private 114.25 partnerships. 114.26 In addition to the required work 114.27 program, grants may not be approved 114.28 until grant proposals to be funded have 114.29 been submitted to the legislative 114.30 commission on Minnesota resources and 114.31 the commission has approved the grants 114.32 or allowed 60 days to pass. The 114.33 commission shall monitor the grants for 114.34 approximate balance over extended 114.35 periods of time between the 114.36 metropolitan area as defined in 114.37 Minnesota Statutes, section 473.121, 114.38 subdivision 2, and the nonmetropolitan 114.39 area through work program oversight and 114.40 periodic allocation decisions. For the 114.41 purpose of this paragraph, the match 114.42 must be nonstate contributions, but may 114.43 be either cash or in-kind. Recipients 114.44 may receive funding for more than one 114.45 project in any given grant period. 114.46 This appropriation is available until 114.47 June 30, 2002, at which time the 114.48 project must be completed and final 114.49 products delivered, unless an earlier 114.50 date is specified in the work program. 114.51 If a project financed under this 114.52 program receives a federal grant, the 114.53 availability of the financing from this 114.54 subdivision for that project is 114.55 extended to equal the period of the 114.56 federal grant. 114.57 (b) Mesabi Trail Land 114.58 Acquisition and 114.59 Development - Continuation 114.60 $1,000,000 is from the future resources 114.61 fund to the commissioner of natural 114.62 resources for an agreement with St. 114.63 Louis and Lake Counties Regional Rail 114.64 Authority for the fourth biennium to 114.65 develop and acquire segments of the 114.66 Mesabi trail and procure design and 115.1 engineering for trail heads and 115.2 enhancements. This appropriation must 115.3 be matched by at least $1,000,000 of 115.4 nonstate money. This appropriation is 115.5 available until June 30, 2002, at which 115.6 time the project must be completed and 115.7 final products delivered, unless an 115.8 earlier date is specified in the work 115.9 program. 115.10 (c) Kabetogama to Ash River 115.11 Community Trail System 115.12 $100,000 is from the future resources 115.13 fund to the commissioner of natural 115.14 resources for an agreement with 115.15 Kabetogama Lake Association in 115.16 cooperation with the National Park 115.17 Service for trail construction linking 115.18 Lake Kabetogama, Ash River, and 115.19 Voyageurs National Park. This 115.20 appropriation must be matched by at 115.21 least $100,000 of nonstate money. 115.22 This appropriation is available until 115.23 June 30, 2002, at which time the 115.24 project must be completed and final 115.25 products delivered, unless an earlier 115.26 date is specified in the work program. 115.27 (d) Mesabi Trail 115.28 Connection 115.29 $80,000 is from the future resources 115.30 fund to the commissioner of natural 115.31 resources for an agreement with the 115.32 East Range Joint Powers Board to 115.33 develop trail connections to the Mesabi 115.34 Trail with the communities of Aurora, 115.35 Hoyt Lakes, and White. This 115.36 appropriation must be matched by at 115.37 least $80,000 of nonstate money. This 115.38 appropriation is available until June 115.39 30, 2002, at which time the project 115.40 must be completed and final products 115.41 delivered, unless an earlier date is 115.42 specified in the work program. 115.43 (e) Dakota County 115.44 Bikeway Mapping 115.45 $15,000 is from the future resources 115.46 fund to the metropolitan council for an 115.47 agreement with Dakota county to cost 115.48 share the integration of digital 115.49 elevation information in the Dakota 115.50 county geographic information system 115.51 database with trail and bikeway routes 115.52 and develop maps for trail and bikeway 115.53 users. 115.54 (f) Mississippi Riverfront 115.55 Trail and Access 115.56 $155,000 is from the future resources 115.57 fund to the commissioner of natural 115.58 resources for an agreement with the 115.59 city of Hastings to acquire and restore 115.60 the public access area and to complete 115.61 the connecting riverfront trail from 115.62 the public access to lock and dam 116.1 number two adjacent to Lake Rebecca. 116.2 This appropriation must be matched by 116.3 at least $155,000 of nonstate money. 116.4 (g) Management and Restoration 116.5 of Natural Plant Communities 116.6 on State Trails 116.7 $75,000 the first year and $75,000 the 116.8 second year are from the trust fund to 116.9 the commissioner of natural resources 116.10 to manage and restore natural plant 116.11 communities along state trails under 116.12 Minnesota Statutes, section 85.015 116.13 (h) Gitchi-Gami State Trail 116.14 $275,000 the first year and $275,000 116.15 the second year are from the trust fund 116.16 to the commissioner of natural 116.17 resources for construction of the 116.18 Gitchi-Gami state trail through Split 116.19 Rock State Park. The commissioner must 116.20 submit grant requests for supplemental 116.21 funding for federal TEA-21 money in 116.22 eligible categories and report the 116.23 results to the legislative commission 116.24 on Minnesota resources. All segments 116.25 of the trail must become part of the 116.26 state trail system. This appropriation 116.27 is available until June 30, 2002, at 116.28 which time the project must be 116.29 completed and final products delivered, 116.30 unless an earlier date is specified in 116.31 the work program. 116.32 (i) State Park and Recreation 116.33 Area Acquisition, Development, 116.34 Betterment, and Rehabilitation 116.35 $500,000 the first year and $500,000 116.36 the second year are from the trust fund 116.37 to the commissioner of natural 116.38 resources as follows: (1) for state 116.39 park and recreation area acquisition, 116.40 $500,000; and (2) for state park and 116.41 recreation area development, 116.42 rehabilitation, and resource 116.43 management, $500,000, unless otherwise 116.44 specified in the approved work 116.45 program. The use of the Minnesota 116.46 conservation corps is encouraged. The 116.47 commissioner must submit grant requests 116.48 for supplemental funding for federal 116.49 TEA-21 money in eligible categories and 116.50 report the results to the legislative 116.51 commission on Minnesota resources. 116.52 This appropriation is available until 116.53 June 30, 2002, at which time the 116.54 project must be completed and final 116.55 products delivered, unless an earlier 116.56 date is specified in the work program. 116.57 (j) Fort Snelling State Park; 116.58 Upper Bluff Implementation - 116.59 Continuation 116.60 $50,000 the first year and $50,000 the 116.61 second year are from the trust fund to 116.62 the commissioner of natural resources 116.63 to implement the utilization plan for 117.1 the Upper Bluff area of Fort Snelling 117.2 Park. 117.3 (k) Interpretive Boat 117.4 Tours of Hill Annex 117.5 Mine State Park 117.6 $30,000 the first year and $30,000 the 117.7 second year are from the trust fund to 117.8 the commissioner of natural resources 117.9 to add interpretive boat excursion 117.10 tours of the mine. The project will 117.11 include purchase and equipping of a 117.12 craft and development of a landing area. 117.13 (l) Metropolitan Regional Parks 117.14 Acquisition, Rehabilitation, 117.15 and Development 117.16 $1,000,000 the first year and 117.17 $1,000,000 the second year are from the 117.18 trust fund to the metropolitan council 117.19 for subgrants for acquisition, 117.20 development, and rehabilitation in the 117.21 metropolitan regional park system, 117.22 consistent with the metropolitan 117.23 council regional recreation open space 117.24 capital improvement plan. This 117.25 appropriation may be used for the 117.26 purchase of homes only if the purchases 117.27 are expressly included in the work 117.28 program approved by the legislative 117.29 commission on Minnesota resources. The 117.30 metropolitan council shall collect and 117.31 digitize all local, regional, state, 117.32 and federal parks and all off-road 117.33 trails with connecting on-road routes 117.34 for the metropolitan area and produce a 117.35 printed map that is available to the 117.36 public. This appropriation is 117.37 available until June 30, 2002, at which 117.38 time the project must be completed and 117.39 final products delivered, unless an 117.40 earlier date is specified in the work 117.41 program. 117.42 (m) Como Park Campus Maintenance 117.43 $500,000 is from the future resources 117.44 fund to the department of finance for a 117.45 grant to the city of St. Paul for a 117.46 subsidy for the maintenance and repair 117.47 of live plant and animal exhibits for 117.48 the zoo and the conservatory at the 117.49 Como Park campus. 117.50 (n) Luce Line Trail 117.51 Connection Through 117.52 Wirth Park 117.53 $300,000 the first year is from the 117.54 future resources fund to the 117.55 metropolitan council for an agreement 117.56 with the Minneapolis Park and 117.57 Recreation Board to complete the 117.58 construction of a bicycle and 117.59 pedestrian trail link through Wirth 117.60 Park to connect the Minneapolis 117.61 Regional Trail System with the Luce 117.62 Line State Trail. This appropriation 117.63 must be matched by at least $300,000 of 118.1 nonstate money. This appropriation is 118.2 available until June 30, 2002, at which 118.3 time the project must be completed and 118.4 final products delivered, unless an 118.5 earlier date is specified in the work 118.6 program. 118.7 (o) Milan Trail Resurfacing 118.8 $160,000 is from the future resources 118.9 fund to the commissioner of natural 118.10 resources to resurface four miles of 118.11 recreational trail from the town of 118.12 Milan to Lake Lac Qui Parle in Chippewa 118.13 county. 118.14 Sec. 101. Laws 2000, chapter 473, section 21, is amended 118.15 to read: 118.16 Sec. 21. [APPROPRIATIONS.] 118.17 $200,000 is appropriated from the state forest suspense 118.18 account to the commissioner of natural resources for transfer to 118.19 the University of Minnesota Duluth for the purpose of funding 118.20 the inventory conducted pursuant to this section and is 118.21 available until expended. Because the University of Minnesota 118.22 is a land grant university, and because most of the state-owned 118.23 land to be inventoried is granted land, the chancellor of the 118.24 University of Minnesota Duluth is requested to direct the School 118.25 of Business and Economics to conduct an inventory of state-owned 118.26 land located within the Boundary Waters Canoe Area for the 118.27 purpose of providing the legislature and state officers with 118.28 more precise information as to the nature, extent, and value of 118.29 the land. The inventory must include the following: (1) a list 118.30 of the tracts of state-owned land within the area, together with 118.31 the available legal description by government tract, insofar as 118.32 possible; (2) the number of linear feet of shoreline in each 118.33 tract, together with a general description of that shoreline, 118.34 whether it is rocky, sandy, or swampy, or some other descriptive 118.35 system that generally describes the shoreland; (3) the acreage 118.36 of each tract; (4) a general description of the surface of each 118.37 tract, including topography and the predominant vegetative cover 118.38 for each tract and any known unique surface features, such as 118.39 areas of virgin and other old growth timber; and (5) using 118.40 available real estate market value information and accepted real 118.41 estate valuation techniques, assign estimates of the value for 119.1 each tract, exclusive of minerals and mineral interests, using 119.2 each of the real estate valuation techniques adopted for the 119.3 inventory. For the purposes of this section, "state-owned land" 119.4 is defined as any class of state-owned land, whether it is 119.5 granted land such as school, university, swampland, or internal 119.6 improvement, or whether it is tax-forfeited, acquired, or 119.7 state-owned land of any other classification. At the request of 119.8 the university, the commissioner of natural resources shall 119.9 promptly provide the university with all published maps, whether 119.10 federal, state, or county, together with a descriptive list of 119.11 state-owned land in the area, using available legal 119.12 descriptions, forest inventories, and other factual information, 119.13 published data, and photographs that are necessary for the 119.14 university's inventory. From these maps, lists, data, and other 119.15 information, the university is requested to prepare a report of 119.16 its inventory. The legislature requests that the University of 119.17 Minnesota submit the report to the legislature by January 15, 119.1820022003. 119.19 Sec. 102. [TRANSFER OF LAND IN HENNEPIN COUNTY.] 119.20 Subdivision 1. [CONVEYANCE.] Upon receipt of $1, Hennepin 119.21 county shall convey to the city of Eden Prairie the land that is 119.22 described in subdivision 3. 119.23 Subd. 2. [FORM.] (a) The conveyance must be in a form 119.24 approved by the attorney general and provide that ownership of 119.25 the property will transfer to the state if the city of Eden 119.26 Prairie stops using the property for park and open space 119.27 purposes. 119.28 (b) The conveyance is subject to a conservation easement in 119.29 favor of and approved by the Minnesota land trust, or a 119.30 comparable, qualified land conservation organization. 119.31 Subd. 3. [DESCRIPTION.] The land to be conveyed is located 119.32 in Hennepin county and is described as: 119.33 (1) That part of the Northeast Quarter of Section 4, 119.34 Township 116, Range 22, described as follows to wit: Beginning 119.35 at the east one quarter corner of said Section; thence west 119.36 along the south line of said quarter section to a point which, 120.1 measured along said line, is 1201 feet east of the point of 120.2 intersection of said line with the southerly right-of-way line 120.3 of the Chicago, Milwaukee & St. Paul Railway; thence at right 120.4 angles north a distance of 235 feet; thence south 70 degrees 120.5 west 134.7 feet; thence south 86 degrees, 50 minutes west 147 120.6 feet; thence north 55 degrees, 50 minutes west 94.5 feet; thence 120.7 north 21 degrees, 50 minutes west 168.5 feet more or less to the 120.8 northerly line of the right-of-way, now abandoned, of Chicago, 120.9 Milwaukee & St. Paul Railway Company; thence northeasterly along 120.10 the northerly line of said abandoned right-of-way to the 120.11 intersection of said line with the center line of the County 120.12 Road (now known as Indian Chief Road); thence north along the 120.13 center line of said road to the intersection of said line with 120.14 the south line of the present right-of-way of the Chicago, 120.15 Milwaukee & St. Paul Railway, which point of intersection is 503 120.16 feet north of the center of said abandoned right-of-way; thence 120.17 northeasterly along said south line of said present right-of-way 120.18 a distance of 340 feet more or less to its intersection with the 120.19 east line of said Section 4; thence south along the east line of 120.20 said Section to the point of beginning; 120.21 Except that part described as follows to wit: That part of 120.22 the Northeast Quarter of Section 4, Township 116, Range 22 lying 120.23 south of the south line of the present right-of-way of the 120.24 Chicago, Milwaukee & St. Paul Railway, which lies easterly of 120.25 the easterly right-of-way line of the County Road (now known as 120.26 Indian Chief Road); and which lies northerly of the northerly 120.27 right-of-way line of the roadway easement parcel, granted in 120.28 favor of the City of Eden Prairie, as described on document 120.29 number 1886487 and filed November 6, 1987 in the office of the 120.30 Register of Titles in and for Hennepin County; 120.31 And, except that part described as follows to wit: That 120.32 part of the Southeast Quarter of the Northeast Quarter of 120.33 Section 4, Township 116, Range 22 lying southeasterly of the 120.34 southeasterly right-of-way line of the roadway easement parcel, 120.35 granted in favor of the City of Eden Prairie, as described on 120.36 document number 1886487 and filed November 6, 1987 in the office 121.1 of the Register of Titles in and for Hennepin County; 121.2 (2) those portions of the Northeast Quarter of the 121.3 Northeast Quarter and of the Southeast Quarter of the Northeast 121.4 Quarter all in Section 4, Township 116 North, Range 22 West, 121.5 lying westerly of the center line of Indian Chief road, formerly 121.6 county road, which lies between the southeasterly right-of-way 121.7 line of the Twin Cities and Western Railroad, formerly the 121.8 Chicago, Milwaukee, St. Paul and Pacific Railroad Company, and 121.9 the northerly right-of-way line of the abandoned Chicago, 121.10 Milwaukee and St. Paul Railway Company; and 121.11 (3) that part of the Southwest Quarter of the Northeast 121.12 Quarter of Section 4, Township 116 North, Range 22 West, 121.13 described as commencing at the east quarter corner of said 121.14 Section 4; thence on an assumed bearing of West along the south 121.15 line of said Northeast Quarter to a point distant 1201 feet 121.16 easterly from its intersection with the southeasterly 121.17 right-of-way line of the Twin Cities and Western Railroad, 121.18 formerly the Chicago, Milwaukee, St. Paul and Pacific Railroad 121.19 Company; thence on a bearing of North, 235 feet; thence South 70 121.20 degrees West, 134.7 feet; thence South 86 degrees 50 minutes 121.21 West, 147 feet; thence North 55 degrees 50 minutes West, 94.5 121.22 feet; thence North 21 degrees 50 minutes West, 101.78 feet; 121.23 thence South 63 degrees 18 minutes West, 11.96 feet; thence 121.24 southwesterly 580.07 feet along a tangential curve to the right 121.25 having a radius of 1910.08 feet and a central angle of 17 121.26 degrees 24 minutes to a point hereinafter referred to as Point 121.27 "A"; thence South 80 degrees 42 minutes West, 8.5 feet, more or 121.28 less, to said southeasterly right-of-way line, being the actual 121.29 point of beginning; thence North 80 degrees 42 minutes East to 121.30 said Point "A"; thence northeasterly 580.07 feet along said 121.31 curve having a radius of 1910.08 feet; thence North 63 degrees 121.32 18 minutes East 11.96 feet; thence North 21 degrees 50 minutes 121.33 West 50.18 feet, more or less, to the northerly right-of-way 121.34 line of the abandoned Chicago, Milwaukee and St. Paul Railway 121.35 Company; thence northeasterly along said northerly right-of-way 121.36 line 267.8 feet, more or less, to its intersection with said 122.1 southeasterly right-of-way line of said Twin Cities and Western 122.2 Railroad; thence northwesterly along said southeasterly 122.3 right-of-way line 119 feet, more or less, to an angle point in 122.4 said southeasterly right-of-way line; thence southwesterly along 122.5 said southeasterly right-of-way line 408.13 feet to an angle 122.6 point in said southeasterly right-of-way line; thence 122.7 northwesterly along said southeasterly right-of-way line 60 feet 122.8 to an angle point in said southeasterly right-of-way line; 122.9 thence southwesterly along said southeasterly right-of-way line 122.10 to the point of beginning. 122.11 Sec. 103. [DAM INVENTORY AND ASSESSMENT.] 122.12 The commissioner of natural resources shall cooperate with 122.13 the United States Army Corps of Engineers in carrying out the 122.14 inventory and assessment, and the repair of dams that are a risk 122.15 to public safety, that were constructed in this state by the 122.16 Works Progress Administration, the Works Projects 122.17 Administration, and the Civilian Conservation Corps, as mandated 122.18 by section 524 of Public Law Number 106-541. 122.19 Sec. 104. [STUDY; MOTOR VEHICLE USE OF STATE AND COUNTY 122.20 FOREST ROADS.] 122.21 The commissioners of administration, transportation, 122.22 natural resources, and revenue shall work with the affected 122.23 counties to study and determine the percentage of revenue 122.24 received from the unrefunded gasoline and special fuel tax that 122.25 is derived from gasoline and special fuel for the operation of 122.26 motor vehicles on state forest roads and county forest access 122.27 roads. The study must be limited to actual use of state forest 122.28 roads and county forest access roads. The commissioners shall 122.29 report the results of this study by December 1, 2002. 122.30 Sec. 105. [REORGANIZATION OF WATER PROGRAMS AND 122.31 FUNCTIONS.] 122.32 (a) The director of the office of strategic and long-range 122.33 planning shall, according to the schedule provided in paragraph 122.34 (c), develop and present to the house and senate chairs of the 122.35 committees with jurisdiction over environment and natural 122.36 resources policy and finance issues a plan for the 123.1 reorganization of the state water programs and functions. The 123.2 plan shall be designed to ensure regulatory efficiency and 123.3 program effectiveness in that: 123.4 (1) all specific plans and implementation projects should 123.5 be coordinated with and relate to an overall water management 123.6 plan; 123.7 (2) similar programs and functions should be assigned to a 123.8 single agency, when feasible; and 123.9 (3) inherent conflicts of interest should be avoided. 123.10 (b) The plan should, at a minimum, allocate the programs 123.11 into the following five categories: 123.12 (1) overall water management planning; 123.13 (2) establishment of water quantity and quality standards, 123.14 including biological and chemical indicators; 123.15 (3) monitoring and assessment; 123.16 (4) technical and financial assistance; education and 123.17 training; and implementation; and 123.18 (5) enforcement. 123.19 The director may develop an alternative allocation of programs 123.20 and functions, provided the plan meets the criteria established 123.21 in paragraph (a), clauses (1) to (3). 123.22 (c) The director shall provide the proposed plan according 123.23 to the following schedule: 123.24 (1) by August 15, 2001, a chart listing all of the current 123.25 water programs and functions provided by state government, with 123.26 (i) a brief description of the program, identifying the agency 123.27 to which the program is currently assigned; (ii) the number of 123.28 full-time equivalent staff assigned to the program; and (iii) a 123.29 summary of outcomes expected from each program; 123.30 (2) by November 15, 2001, a preliminary plan for 123.31 reorganizing the state water programs and functions, with a 123.32 chart similar to that provided in clause (1), displaying the 123.33 proposed reallocation of programs, functions, and full-time 123.34 equivalents to the respective agencies and a summary of outcomes 123.35 expected from each program; and 123.36 (3) by February 15, 2001, a final plan with associated 124.1 chart, and draft legislative language to accomplish the proposed 124.2 reorganization. Implementation of the proposed plan may be 124.3 staged over a number of years to minimize program disruption. 124.4 Sec. 106. [MCQUADE ROAD SAFE HARBOR AND PUBLIC ACCESS 124.5 ACQUISITION.] 124.6 The commissioner of natural resources shall acquire 124.7 interests in land, without undue delay, under Minnesota 124.8 Statutes, section 86A.21, paragraph (a), clause (2), as 124.9 necessary to provide a safe harbor and public access to Lake 124.10 Superior at McQuade Road. 124.11 Sec. 107. [POLLUTION CONTROL AGENCY; FINANCING 124.12 RECOMMENDATIONS.] 124.13 The director of the office of strategic and long-range 124.14 planning shall develop and present to the house and senate 124.15 chairs of the committees with jurisdiction over environment and 124.16 natural resources policy and finance issues, by November 15, 124.17 2001: 124.18 (1) a review of advantages and disadvantages of alternative 124.19 financing mechanisms for funding the operations and programs of 124.20 the pollution control agency that are consistent with the policy 124.21 statement of Minnesota Statutes, section 116.01, and the 124.22 environment priorities of the state; and 124.23 (2) recommendations for the preferred financing mechanism, 124.24 or combination of mechanisms, and supporting rationale for those 124.25 recommendations. 124.26 Sec. 108. [ABOLITION OF OFFICE AND TRANSFER OF DUTIES.] 124.27 Subdivision 1. [TRANSFER.] The office of environmental 124.28 assistance is abolished effective July 1, 2002. All duties of 124.29 the office are transferred as described in this section. 124.30 Minnesota Statutes, section 15.039, except for subdivision 7, 124.31 applies to the transfer. The offices of director and assistant 124.32 directors of the office, and 18 other positions in the office 124.33 that are made redundant and duplicative by this section, are 124.34 abolished. 124.35 Subd. 2. [POLLUTION CONTROL AGENCY.] The following duties 124.36 of the office of environmental assistance are transferred to the 125.1 pollution control agency: 125.2 (1) the solid waste policy report under Minnesota Statutes, 125.3 section 115A.411; 125.4 (2) technical assistance to hazardous waste generators; 125.5 (3) solid waste management planning under Minnesota 125.6 Statutes, sections 115A.42 to 115A.46; 125.7 (4) environmental education under Minnesota Statutes, 125.8 section 115A.072; 125.9 (5) certificate of need determinations under Minnesota 125.10 Statutes, section 115A.917; 125.11 (6) metropolitan solid waste planning under Minnesota 125.12 Statutes, chapter 473; and 125.13 (7) all other duties not specified in subdivisions 3 to 5. 125.14 Subd. 3. [DEPARTMENT OF TRADE AND ECONOMIC 125.15 DEVELOPMENT.] The following duties of the office of 125.16 environmental assistance are transferred to the department of 125.17 trade and economic development: 125.18 (1) product stewardship responsibilities; 125.19 (2) resource conservation research; 125.20 (3) the environmental assistance grant and loan program 125.21 under Minnesota Statutes, section 115A.0716; 125.22 (4) business pollution prevention grants; 125.23 (5) recycling market development; 125.24 (6) the capital assistance program under Minnesota 125.25 Statutes, section 115A.58; and 125.26 (7) local government assistance grants to communities; 125.27 Subd. 4. [DEPARTMENT OF REVENUE.] The following duties of 125.28 the office of environmental assistance are transferred to the 125.29 department of revenue: 125.30 (1) county waste reduction and recycling grant distribution 125.31 under Minnesota Statutes, section 115A.557; and 125.32 (2) reporting requirements under Minnesota Statutes, 125.33 chapter 297H. 125.34 Subd. 5. [DEPARTMENT OF ADMINISTRATION.] All duties of the 125.35 office of environmental assistance with respect to state 125.36 procurement are transferred to the department of administration. 126.1 [EFFECTIVE DATE.] This section is effective July 1, 2002. 126.2 Sec. 109. [IMPLEMENTATION.] 126.3 The office of the revisor of statutes, in consultation with 126.4 the house research department, the office of senate counsel and 126.5 research, the house fiscal analysis department, and the senate 126.6 fiscal services office, shall draft legislation implementing 126.7 section 108 for introduction at the 2002 session of the 126.8 legislature. 126.9 Sec. 110. [CURRANT LAKE DIVERSION.] 126.10 Notwithstanding any other law to the contrary, the 126.11 department of natural resources must not abandon the diversion 126.12 system at Currant Lake in Murray county. 126.13 Sec. 111. [SUNKEN LOG MORATORIUM.] 126.14 The commissioner of natural resources must suspend recovery 126.15 of sunken logs under Minnesota Statutes, section 103G.650. The 126.16 commissioner must not issue leases to remove sunken logs or 126.17 permit the removal of sunken logs from inland waters during the 126.18 moratorium period. The commissioner must cancel all existing 126.19 leases issued under Minnesota Statutes, section 103G.650, and 126.20 refund the lease application fees. The permanent moratorium may 126.21 be lifted only by an act of the legislature. 126.22 Sec. 112. [REPEALER.] 126.23 (a) Minnesota Statutes 2000, sections 86.71; 86.72; 88.641, 126.24 subdivisions 4 and 5; 88.644; 115.55, subdivision 8; 115A.906; 126.25 115A.912, subdivisions 2 and 3; 116.67; 116.70, subdivisions 2, 126.26 3a, and 4; 116.71; 116.72; 116.73; and 116.74; and Laws 1994, 126.27 chapter 639, article 3, section 4, subdivision 2, are repealed. 126.28 (b) Minnesota Statutes 2000, sections 115C.02, subdivisions 126.29 11a and 12a; 115C.082; 115C.09, subdivision 3g; 115C.091; and 126.30 115C.092, are repealed effective the day following final 126.31 enactment. 126.32 (c) Minnesota Rules, parts 7023.9000; 7023.9005; 7023.9010; 126.33 7023.9015; 7023.9020; 7023.9025; 7023.9030; 7023.9035; 126.34 7023.9040; 7023.9045; 7023.9050; 7080.0020, subparts 24c and 126.35 51a; 7080.0400; and 7080.0450, are repealed.