Engrossments
Introduction		Posted on 02/10/2005
1st Engrossment		Posted on 02/24/2005
2nd Engrossment		Posted on 04/26/2005
3rd Engrossment		Posted on 04/28/2005
4th Engrossment		Posted on 05/04/2005
5th Engrossment		Posted on 05/06/2005

Conference Committee Reports
CCR-HF0902		Posted on 02/09/2006

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are
available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. The term "the first year" means the year
ending June 30, 2006, and the term "the second year" means the
year ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 110,654,000 $ 110,655,000 $ 221,309,000

State Government
Special Revenue 48,000 48,000 96,000

Environmental 56,663,000 56,970,000 113,633,000

Natural Resources 69,147,000 69,412,000 138,559,000

Game and Fish 84,857,000 86,629,000 171,486,000

Remediation 11,503,000 11,503,000 23,006,000

Permanent School 350,000 350,000 700,000

State Land and Water Conservation
Account (LAWCON) 1,600,000 -0- 1,600,000

Environment and Natural Resources
Trust Fund 18,829,000 18,829,000 37,658,000

Great Lakes Protection
Account 28,000 -0- 28,000

TOTAL $ 353,679,000 $ 354,396,000 $ 705,075,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. DEPARTMENT OF ENVIRONMENTAL
PROTECTION

Subdivision 1.

Total
Appropriation $ 79,278,000 $ 79,585,000

Summary by Fund

General 11,164,000 11,164,000

State Government
Special Revenue 48,000 48,000

Environmental 56,663,000 56,970,000

Remediation 11,403,000 11,403,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Water

25,872,000 25,872,000

Summary by Fund

General 7,317,000 7,317,000

State Government
Special Revenue 48,000 48,000

Environmental 18,507,000 18,507,000

$2,348,000 the first year and
$2,348,000 the second year are for the
clean water partnership program. Any
balance remaining in the first year
does not cancel and is available for
the second year. This appropriation
may be used for grants to local units
of government for the purpose of
restoring impaired waters listed under
section 303(d) of the federal Clean
Water Act in accordance with adopted
total maximum daily loads (TMDLs),
including implementation of approved
clean water partnership diagnostic
study work plans that will assist in
restoration of such impaired waters.

$335,000 the first year and $335,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basinwide water quality protection.

$405,000 the first year and $405,000
the second year are for individual
sewage treatment system (ISTS)
administration and grants. Of this
amount, $86,000 each year is for
assistance to counties through grants
for ISTS program administration. Any
unexpended balance in the first year
does not cancel but is available in the
second year.

$480,000 the first year and $480,000
the second year are from the
environmental fund to address the need
for continued increased activity in the
areas of new technology review,
technical assistance for local
governments, and enforcement under
Minnesota Statutes, sections 115.55 to
115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, sections 164 and 165. Of
this amount, $48,000 each year is for
administration of individual septic
tank fees, as provided in this article.

$2,324,000 the first year and
$2,324,000 the second year must be
distributed as grants to delegated
counties to administer the county
feedlot program. Distribution of the
funds must be conducted according to
the following three-part formula:

(1) Number of feedlots in the county:
60 percent of the total appropriation
must be distributed according to the
number of feedlots that are required to
be registered in the county. Grants
awarded under this clause must be
matched with a combination of local
cash and in-kind contributions.

(2) Minimum program requirements: 25
percent of the total appropriation must
be distributed based on the county (i)
conducting an annual number of
inspections at feedlots that is equal
to or greater than seven percent of the
total number of registered feedlots
that are required to be registered in
the county; and (ii) meeting
noninspection minimum program
requirements as identified in the
county feedlot workplan form. Counties
that do not meet the inspection
requirement must not receive 50 percent
of the eligible funding under this
clause. Counties must receive funding
for noninspection requirements under
this clause according to a scoring
system checklist administered by the
department. The commissioner, in
consultation with the Minnesota
Association of County Feedlot Officers
executive team, shall make a final
decision regarding any appeal by a
county regarding the terms and
conditions of this clause.

(3) Performance credits: 15 percent of
the total appropriation must be
distributed according to work that has
been done by the counties during the
fiscal year. The amount must be
determined by the number of performance
credits a county accumulates during the
year based on a performance credit
matrix jointly agreed upon by the
commissioner in consultation with the
Minnesota Association of County Feedlot
Officers executive team. To receive an
award under this clause the county must
meet the requirements of clause (2)(i)
and achieve 90 percent of the
requirements according to clause
(2)(ii) of the formula. The rate of
reimbursement per performance credit
item must not exceed $200.

Delegated counties are eligible for a
minimum grant of $7,500. To receive
the full $7,500 amount a county must
meet the requirements under clause (2)
of the formula. Nondelegated counties
that apply for delegation shall receive
a grant prorated according to the
number of full quarters remaining in
the program year from the date of
commissioner approval of the
delegation. Funds for awards to any
newly delegated counties must be made
out of the appropriation reserved for
clause (3) of the formula. The
commissioner, in consultation with the
Minnesota Association of County Feedlot
Officers executive team, may decide to
use funds reserved for clause (3) of
the formula in an amount not to exceed
five percent of the total annual
appropriation for initiatives to
enhance existing delegated county
feedlot programs, information and
education, or technical assistance
efforts to reduce feedlot-related
pollution hazards. Any funds remaining
after distribution under clauses (1)
and (2) of the formula must be
transferred to clause (3) of the
formula. Any money remaining after the
first year is available for the second
year.

Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2007, for clean water
partnership, individual sewage
treatment systems (ISTS), Minnesota
River, total maximum daily loads
(TMDLs), and local and basinwide water
quality protection grants in this
subdivision are available until June
30, 2009.

Subd. 3.

Air

9,297,000 9,604,000

Summary by Fund

Environmental 9,297,000 9,604,000

Up to $150,000 the first year and
$150,000 the second year may be
transferred to the environmental fund
for the small business environmental
improvement loan program established in
Minnesota Statutes, section 116.993.

$200,000 the first year and $200,000
the second year are from the
environmental fund for a monitoring
program under Minnesota Statutes,
section 116.454.

Subd. 4.

Land

18,467,000 18,467,000

Summary by Fund

Environmental 7,064,000 7,064,000

Remediation 11,403,000 11,403,000

All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise
appropriated is appropriated to the
commissioners of the Departments of
Environmental Protection and
Agriculture for purposes of Minnesota
Statutes, section 115B.20, subdivision
2, clauses (1), (2), (3), (6), and
(7). At the beginning of each fiscal
year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of finance that
maximizes the utilization of resources
and appropriately allocates the money
between the two departments. This
appropriation is available until June
30, 2007.

$3,616,000 the first year and
$3,616,000 the second year are from the
petroleum tank fund to be transferred
to the remediation fund for purposes of
the leaking underground storage tank
program to protect the land.

$200,000 the first year and $200,000
the second year are from the
remediation fund to be transferred to
the Department of Health for private
water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities.

Subd. 5.

Multimedia

24,059,000 24,059,000

Summary by Fund

General 2,264,000 2,264,000

Environmental 21,795,000 21,795,000

$12,500,000 each year is from the
environmental fund for SCORE block
grants to counties.

Any unencumbered grant and loan
balances in the first year do not
cancel but are available for grants and
loans in the second year.

All money deposited in the
environmental fund for the metropolitan
solid waste landfill fee in accordance
with Minnesota Statutes, section
473.843, and not otherwise
appropriated, is appropriated to the
department for the purposes of
Minnesota Statutes, section 473.844.

$119,000 the first year and $119,000
the second year are for environmental
assistance grants or loans under
Minnesota Statutes, section 115A.0716.

Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2007, for environmental
assistance grants awarded under
Minnesota Statutes, section 115A.0716,
and for technical and research
assistance under Minnesota Statutes,
section 115A.152, technical assistance
under Minnesota Statutes, section
115A.52, and pollution prevention
assistance under Minnesota Statutes,
section 115D.04, are available until
June 30, 2009.

Subd. 6.

Administrative Support

1,583,000 1,583,000

Summary by Fund

General 1,583,000 1,583,000

Sec. 3. NATURAL RESOURCES

Subdivision 1.

Total
Appropriation 223,582,000 225,618,000

Summary by Fund

General 73,902,000 73,903,000

Natural Resources 64,373,000 64,636,000

Game and Fish 84,857,000 86,629,000

Remediation 100,000 100,000

Permanent School 350,000 350,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Land and Mineral Resources
Management

8,716,000 8,752,000

Summary by Fund

General 5,248,000 5,248,000

Natural Resources 2,122,000 2,122,000

Game and Fish 996,000 1,032,000

Permanent School 350,000 350,000

$275,000 the first year and $275,000
the second year are for iron ore
cooperative research, of which $137,500
the first year and $137,500 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. The match may be cash or
in-kind.

$86,000 the first year and $86,000 the
second year are for minerals
cooperative environmental research, of
which $43,000 the first year and
$43,000 the second year are available
only as matched by $1 of nonstate money
for each $1 of state money. The match
may be cash or in-kind.

$1,946,000 the first year and
$1,946,000 the second year are from the
minerals management account in the
natural resources fund for only the
purposes specified in Minnesota
Statutes, section 93.2236, paragraph
(c). Of this amount, $1,526,000 the
first year and $1,526,000 the second
year are for mineral resource
management, $420,000 the first year and
$420,000 the second year are for
projects to enhance future income and
promote new opportunities, including
value-added iron products, geological
mapping, and mercury research. The
appropriation is from the revenue
deposited in the minerals management
account under Minnesota Statutes,
section 93.22, subdivision 1, paragraph
(b).

$300,000 the first year and $300,000
the second year are from the state
forest suspense account in the
permanent school fund to accelerate
land exchanges, land sales, and
commercial leasing of school trust
lands. This appropriation is to be
used toward meeting the provisions of
Minnesota Statutes, section 92.121, to
exchange school trust lands or put
alternatives in effect when management
practices have diminished or prohibited
revenue generation, and the direction
of Minnesota Statutes, section 127A.31,
to secure maximum long-term economic
return from the school trust lands
consistent with fiduciary
responsibilities and sound natural
resources conservation and management
principles.

$50,000 the first year and $50,000 the
second year are from the state forest
suspense account in the permanent
school fund to identify, evaluate, and
lease construction aggregate located on
school trust lands.

Subd. 3.

Water Resources Management

11,122,000 11,122,000

Summary by Fund

General 10,842,000 10,842,000

Natural Resources 280,000 280,000

$210,000 the first year and $210,000
the second year are for grants
associated with the implementation of
the Red River mediation agreement.

$125,000 the first year and $125,000
the second year are for the
construction of ring dikes under
Minnesota Statutes, section 103F.161.
The ring dikes may be publicly or
privately owned. Any unencumbered
balance does not cancel at the end of
the first year and is available for the
second year.

Subd. 4.

Forest Management

34,063,000 34,063,000

Summary by Fund

General 24,098,000 24,098,000

Natural Resources 9,715,000 9,715,000

Game and Fish 250,000 250,000

$7,217,000 the first year and
$7,217,000 the second year are for
prevention, presuppression, and
suppression costs of emergency
firefighting and other costs incurred
under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs
of presuppression and suppression, the
amount necessary to pay for these costs
during the biennium is appropriated
from the general fund. By November 15
of each year, the commissioner of
natural resources shall submit a report
to the chairs of the house of
representatives Ways and Means
Committee, the senate Finance
Committee, the Environment and
Agriculture Budget Division of the
senate Finance Committee, and the house
of representatives Agriculture,
Environment and Natural Resources
Finance Committee, identifying all
firefighting costs incurred and
reimbursements received in the prior
fiscal year. These appropriations may
not be transferred. Any reimbursement
of firefighting expenditures made to
the commissioner from any source other
than federal mobilizations shall be
deposited into the general fund.

$9,715,000 the first year and
$9,715,000 the second year are from the
forest management investment account in
the natural resources fund for only the
purposes specified in Minnesota
Statutes, section 89.039, subdivision 2.

$517,000 the first year and $517,000
the second year are for the Forest
Resources Council for implementation of
the Sustainable Forest Resources Act.

$350,000 the first year and $350,000
the second year are for the FORIST
Timber Management Information System
and for increased forestry management.
The amount in the second year is also
available in the first year.

$250,000 the first year and $250,000
the second year are from the game and
fish fund to implement Ecological
Classification Systems (ECS) standards
on forested landscapes. This
appropriation is from revenue deposited
in the game and fish fund under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

Subd. 5.

Parks and Recreation
Management

32,615,000 32,703,000

Summary by Fund

General 19,279,000 19,279,000

Natural Resources 13,336,000 13,424,000

$640,000 the first year and $640,000
the second year are from the water
recreation account in the natural
resources fund for state park water
access projects.

$3,725,000 the first year and
$3,813,000 the second year are from the
natural resources fund for state park
and recreation area operations. This
appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).

Subd. 6.

Trails and Waterways
Management

28,598,000 28,750,000

Summary by Fund

General 1,284,000 1,284,000

Natural Resources 25,223,000 25,379,000

Game and Fish 2,091,000 2,087,000

$8,724,000 the first year and
$8,724,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid. Any
unencumbered balance does not cancel at
the end of the first year and is
available for the second year.

$925,000 the first year and $825,000
the second year are from the natural
resources fund for off-highway vehicle
grants-in-aid. Of this amount,
$575,000 each year is from the
all-terrain vehicle account; $150,000
each year is from the off-highway
motorcycle account; and $200,000 the
first year and $100,000 the second year
are from the off-road vehicle account.
Any unencumbered balance does not
cancel at the end of the first year and
is available for the second year.

$261,000 the first year and $261,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior.

$742,000 the first year and $760,000
the second year are from the natural
resources fund for state trail
operations. This appropriation is from
the revenue deposited in the natural
resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (2).

$632,000 the first year and $645,000
the second year are from the natural
resources fund for trail grants to
local units of government on land to be
maintained for at least 20 years for
the purposes of the grant. This
appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (4).

$75,000 the first year is from the
all-terrain vehicle account in the
natural resources fund for a study to
determine the amount of gasoline used
each year by all-terrain vehicle riders
in the state. The commissioners of
natural resources, revenue, and
transportation shall jointly determine
the amount of unrefunded gasoline tax
attributable to all-terrain vehicle use
in the state and shall report to the
legislature by March 1, 2006, with an
appropriate proposed revision to
Minnesota Statutes, section 296A.18.

$50,000 is appropriated from the
all-terrain vehicle account in the
natural resources fund to the
commissioner of natural resources for
fiscal year 2006 to revise the
Northshore Trail master plan for use by
all-terrain vehicles.

$2,250,000 the first year and
$2,600,000 the second year are from the
public access account in the natural
resources fund for the acquisition,
development, maintenance, and
rehabilitation of sites for public
access and boating facilities on public
waters.

Ninety percent of the money received
for watercraft licenses as a result of
the fee increases contained in this act
shall be credited to a public access
subaccount within the water recreation
account. Ten percent is for
enforcement purposes.

Subd. 7.

Fish and Wildlife Management

59,670,000 60,679,000

Summary by Fund

General 1,755,000 1,755,000

Natural Resources 1,542,000 1,542,000

Game and Fish 56,373,000 57,382,000

$407,000 the first year and $412,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $265,000 the
first year and $270,000 the second year
are from the game and fish fund.

$7,233,000 the first year and
$7,233,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1).

Notwithstanding Minnesota Statutes,
section 297A.94, this appropriation may
be used for hunter recruitment and
retention and public land user
facilities.

$1,030,000 the first year and $880,000
the second year are from the trout and
salmon management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.

$1,411,000 the first year and
$1,411,000 the second year are from the
deer habitat improvement account for
only the purposes specified in
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).

$397,000 the first year and $397,000
the second year are from the deer and
bear management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
1, paragraph (c).

$851,000 the first year and $851,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.

$890,000 the first year and $890,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4.

$142,000 the first year and $142,000
the second year are from the wild
turkey management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
5. Of this amount, $8,000 the first
year and $8,000 the second year are
appropriated from the game and fish
fund for transfer to the wild turkey
management account for purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 5.

$225,000 is from the revenue deposited
to the game and fish fund under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1), for a grant
to "Let's Go Fishing" of Minnesota to
promote opportunities for fishing. The
grant recipient must report back to the
commissioner by February 1, 2006, on
the use and results of the
appropriation. This is a onetime
appropriation.

Subd. 8.

Ecological Services

10,084,000 10,149,000

Summary by Fund

General 3,140,000 3,141,000

Natural Resources 3,153,000 3,153,000

Game and Fish 3,791,000 3,855,000

$1,128,000 the first year and
$1,128,000 the second year are from the
nongame wildlife management account in
the natural resources fund for the
purpose of nongame wildlife management.

Notwithstanding Minnesota Statutes,
section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame information,
education, and promotion.

$1,588,000 the first year and
$1,588,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited in the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1).

Subd. 9.

Enforcement

29,397,000 29,982,000

Summary by Fund

General 3,356,000 3,356,000

Natural Resources 7,413,000 7,428,000

Game and Fish 18,528,000 19,098,000

Remediation 100,000 100,000

$1,082,000 the first year and
$1,082,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.

$100,000 the first year and $100,000
the second year are from the
remediation fund for solid waste
enforcement activities under Minnesota
Statutes, section 116.073.

$315,000 the first year and $315,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to
local law enforcement agencies for
snowmobile enforcement activities.

The unexpended balance of money from
Laws 1999, chapter 231, section 5,
subdivision 6, must be credited to the
snowmobile trails and enforcement
account and the appropriation for the
repair of public trails damaged by
snowmobiles shall be canceled.

$1,164,000 the first year and
$1,164,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited in the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1).

Overtime must be distributed to
conservation officers at historical
levels; however, a reasonable reduction
or addition may be made to the
officer's allocation, if justified,
based on an individual officer's
workload. If funding for enforcement
is reduced because of an unallotment,
the overtime bank may be reduced in
proportion to reductions made in other
areas of the budget.

$225,000 the first year and $225,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public
education activities based on
off-highway vehicle use in the county.
Of this amount, $213,000 each year is
from the all-terrain vehicle account;
$11,000 each year is from the
off-highway motorcycle account; and
$1,000 each year is from the off-road
vehicle account. The county
enforcement agencies may use money
received under this appropriation to
make grants to other local enforcement
agencies within the county that have a
high concentration of off-highway
vehicle use. Of this appropriation,
$25,000 each year is for administration
of these grants.

$200,000 the first year and $200,000
the second year are from the natural
resources fund for an off-highway
vehicle safety and conservation grant
program. Of this amount, $170,000 each
year is from the all-terrain vehicle
account; $10,000 each year is from the
off-highway motorcycle account; and
$20,000 each year is from the off-road
vehicle account. Any unencumbered
balance does not cancel at the end of
the first year and is available for the
second year.

$15,000 the first year is from the
off-highway motorcycle account in the
natural resources fund to produce an
interactive CD-ROM training tool for
the off-highway motorcycle education
and training program under Minnesota
Statutes, section 84.791.

$15,000 the first year and $5,000 the
second year are from the off-road
vehicle account in the natural
resources fund to establish the
off-road vehicle environment and safety
education and training program under
Minnesota Statutes, section 84.8015.

Subd. 10.

Operations Support

9,317,000 9,418,000

Summary by Fund

General 4,900,000 4,900,000

Natural Resources 1,589,000 1,593,000

Game and Fish 2,828,000 2,925,000

$264,000 the first year and $268,000
the second year are from the natural
resources fund for grants to be divided
equally between the city of St. Paul
for the Como Zoo and Conservatory and
the city of Duluth Zoo. This
appropriation is from the revenue
deposited to the fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (5).

Sec. 4. MINNESOTA
CONSERVATION CORPS 840,000 840,000

Summary by Fund

General 350,000 350,000

Natural Resources 490,000 490,000

The Minnesota Conservation Corps may
receive money appropriated under this
section only as provided in an
agreement with the commissioner of
natural resources.

Sec. 5. BOARD OF WATER
AND SOIL RESOURCES 15,131,000 15,131,000

$4,102,000 the first year and
$4,102,000 the second year are for
natural resources block grants to local
governments.

The board may reduce the amount of the
natural resources block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
previous year allocation when the board
determines that the reduction was
disproportionate.

Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.

$3,566,000 the first year and
$3,566,000 the second year are for
grants to soil and water conservation
districts for general purposes,
nonpoint engineering, and
implementation of the reinvest in
Minnesota conservation reserve
program. Upon approval of the board,
expenditures may be made from these
appropriations for supplies and
services benefiting soil and water
conservation districts.

$3,285,000 the first year and
$3,285,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. For base grant allocations
made prior to January 1, 2007, up to
100 percent of this appropriation may
be used for technical assistance. Of
this amount, at least $1,500,000 the
first year and $1,500,000 the second
year are for grants for cost-sharing
contracts for water quality management
on feedlots.

Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program. This appropriation
is available until expended. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.

Any balance in the board's cost share
program that remains from the fiscal
year 2005 appropriation is available in
an amount of up to $15,000 for a grant
to the Mower County Soil and Water
Conservation District to create a small
pond demonstration project in the Cedar
River Watershed for purposes of water
retention and flood control. The Mower
County Soil and Water Conservation
District must seek other sources of
funding, including federal and private
sources, to ensure that the
demonstration project is educational
and complete.

$100,000 the first year and $100,000
the second year are for a grant to the
Red River Basin Commission to develop a
Red River basin plan and to coordinate
water management activities in the
states and provinces bordering the Red
River. The unencumbered balance in the
first year does not cancel but is
available for the second year.

$105,000 the first year and $105,000
the second year are for a grant to Area
II, Minnesota River Basin Projects,
Inc., for floodplain management,
including administration of programs.
If the appropriation in either year is
insufficient, the appropriation in the
other year is available for it.

The board has authority to receive and
expend money to acquire conservation
easements, as defined in Minnesota
Statutes, chapter 84C, on behalf of the
state and federal government,
consistent with the Camp Ripley's Army
Compatible Use Buffer Project.

The board shall conduct an
implementation assessment of public
drainage system buffers and their use,
maintenance, and benefits. The
assessment must be done in consultation
with farm groups, watershed districts,
soil and water conservation districts,
counties, and conservation
organizations, as well as federal
agencies implementing voluntary buffer
programs. The board shall report the
results to the senate and house of
representatives committees with
jurisdiction over drainage systems by
January 15, 2006.

Sec. 6. ZOOLOGICAL BOARD 6,189,000 6,191,000

Summary by Fund

General 6,057,000 6,057,000

Natural Resources 132,000 134,000

$132,000 the first year and $134,000
the second year are from the natural
resources fund from the revenue
deposited under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(5). This is a onetime appropriation.

Sec. 7.

SCIENCE MUSEUM
OF MINNESOTA 750,000 750,000

Sec. 8. METROPOLITAN COUNCIL 7,452,000 7,452,000

Summary by Fund

General 3,300,000 3,300,000

Natural Resources 4,152,000 4,152,000

$3,300,000 the first year and
$3,300,000 the second year are for
metropolitan area regional parks
maintenance and operations.

$4,152,000 the first year and
$4,152,000 the second year are from the
natural resources fund for metropolitan
area regional parks and trails
maintenance and operations. This
appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).

Sec. 9. MINNESOTA FUTURE
RESOURCES FUND

By June 30, 2006, and by June 30, 2007,
the commissioner of finance shall
transfer any remaining unappropriated
balance from the Minnesota future
resources fund to the general fund.

Sec. 10. MINNESOTA RESOURCES

Subdivision 1.

Total
Appropriation
$20,457,000 $18,829,000

Summary by Fund

State Land and Water Conservation
Account (LAWCON) 1,600,000 -0-

Environment and Natural Resources
Trust Fund 18,829,000 18,829,000

Great Lakes Protection
Account 28,000 -0-

Appropriations from the LAWCON account
and Great Lakes protection account are
available for either year of the
biennium.

For appropriations from the environment
and natural resources trust fund, any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium. Unless otherwise provided,
the amounts in this section are
available until June 30, 2007, when
projects must be completed and final
products delivered.

Subd. 2. Definitions

(a) "State Land and Water Conservation
Account (LAWCON)" means the state land
and water conservation account in the
natural resources fund referred to in
Minnesota Statutes, section 116P.14.

(b) "Great Lakes Protection Account"
means the Great Lakes protection
account referred to in Minnesota
Statutes, section 116Q.02, subdivision
1.

(c) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.

Subd. 3.

Administration 524,000 525,000

Summary by Fund

Trust Fund 524,000 525,000

(a) Legislative Commission on Minnesota Resources 899,000

$449,000 the first year and $450,000
the second year are from the trust fund
for administration as provided in
Minnesota Statutes, section 116P.09,
subdivision 5.

(b) Contract Administration 150,000

$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for contract administration activities
assigned to the commissioner in this
section. This appropriation is
available until June 30, 2008.

Subd. 4.

Citizen Advisory Committee 10,000 10,000

Summary by Fund

Trust Fund 10,000 10,000

$10,000 the first year and $10,000 the
second year are from the trust fund to
the Legislative Commission on Minnesota
Resources for expenses of the citizen
advisory committee as provided in
Minnesota Statutes, section 116P.06.
Notwithstanding Minnesota Statutes,
section 16A.281, the availability of
$15,000 of the appropriation from Laws
2003, chapter 128, article 1, section
9, subdivision 4, advisory committee,
is extended to June 30, 2007.

Subd. 5.

Fish and Wildlife Habitat 5,038,000 5,038,000

Summary by Fund

Trust Fund 5,038,000 5,038,000

(a) Restoring Minnesota's Fish and Wildlife
Habitat Corridors-Phase III 4,062,000

$2,031,000 the first year and
$2,031,000 the second year are from the
trust fund to the commissioner of
natural resources for the third
biennium for acceleration of agency
programs and cooperative agreements
with Pheasants Forever, Minnesota Deer
Hunters Association, Ducks Unlimited,
Inc., National Wild Turkey Federation,
the Nature Conservancy, Minnesota Land
Trust, the Trust for Public Land,
Minnesota Valley National Wildlife
Refuge Trust, Inc., U.S. Fish and
Wildlife Service, Red Lake Band of
Chippewa, Leech Lake Band of Chippewa,
Fond du Lac Band of Chippewa,
USDA-Natural Resources Conservation
Service, and the Board of Water and
Soil Resources to plan, restore, and
acquire fragmented landscape corridors
that connect areas of quality habitat
to sustain fish, wildlife, and plants.
Expenditures are limited to the 11
project areas as defined in the work
program. Land acquired with this
appropriation must be sufficiently
improved to meet at least minimum
habitat and facility management
standards as determined by the
commissioner of natural resources.
This appropriation may not be used for
the purchase of residential structures,
unless expressly approved in the work
program. Any land acquired in fee
title by the commissioner of natural
resources with money from this
appropriation must be designated: (1)
as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011. The commissioner
may similarly designate any lands
acquired in less than fee title. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(b) Metropolitan Area Wildlife
Corridors-Phase II 3,530,000

$1,765,000 the first year and
$1,765,000 the second year are from the
trust fund to the commissioner of
natural resources for the second
biennium for acceleration of agency
programs and cooperative agreements
with the Trust for Public Land, Ducks
Unlimited, Inc., Friends of the
Mississippi River, Great River
Greening, Minnesota Land Trust,
Minnesota Valley National Wildlife
Refuge Trust, Inc., Pheasants Forever,
Inc., and Friends of the Minnesota
Valley for the purposes of planning,
improving, and protecting important
natural areas in the metropolitan
region, as defined by Minnesota
Statutes, section 473.121, subdivision
2, and portions of the surrounding
counties, through grants, contracted
services, conservation easements, and
fee acquisition. Land acquired with
this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
Expenditures are limited to the
identified project areas as defined in
the work program. This appropriation
may not be used for the purchase of
residential structures, unless
expressly approved in the work
program. Any land acquired in fee
title by the commissioner of natural
resources with money from this
appropriation must be designated: (1)
as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011. The commissioner
may similarly designate any lands
acquired in less than fee title. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(c) Development of Scientific and Natural Areas 134,000

$67,000 the first year and $67,000 the
second year are from the trust fund to
the commissioner of natural resources
to develop and enhance lands designated
as scientific and natural areas. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(d) Prairie Stewardship of Private Lands 100,000

$50,000 the first year and $50,000 the
second year are from the trust fund to
the commissioner of natural resources
to develop stewardship plans and
implement prairie management on private
prairie lands on a cost-share basis
with private or federal funds. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(e) Local Initiative Grants-Conservation
Partners and Environmental Partnerships 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources to provide matching grants of
up to $20,000 to local government and
private organizations for enhancement,
restoration, research, and education
associated with natural habitat and
environmental service projects.
Subdivision 16 applies to grants
awarded in the approved work program.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(f) Minnesota ReLeaf Community Forest
Development and Protection 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources for acceleration of the
agency program and a cooperative
agreement with Tree Trust to protect
forest resources, develop
inventory-based management plans, and
provide matching grants to communities
to plant native trees. At least
$390,000 of this appropriation must be
used for grants to communities. For
the purposes of this paragraph, the
match must be a nonstate contribution,
but may be either cash or qualifying
in-kind. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final projects delivered, unless an
earlier date is specified in the work
program.

(g) Integrated and Pheromonal Control of
Common Carp 550,000

$275,000 the first year and $275,000
the second year are from the trust fund
to the University of Minnesota for the
second biennium to research new options
for controlling common carp. This
appropriation is available until June
30, 2009, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(h) Biological Control of European Buckthorn
and Garlic Mustard 200,000

$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources to research potential insects
for biological control of invasive
European buckthorn species for the
second biennium and to introduce and
evaluate insects for biological control
of garlic mustard. This appropriation
is available until June 30, 2008, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.

(i) Land Exchange Revolving Fund for
Aitkin, Cass, and Crow Wing Counties 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Aitkin
County for a six-year revolving loan
fund to improve public and private land
ownership patterns, increase management
efficiency, and protect critical
habitat in Aitkin, Cass, and Crow Wing
Counties. By June 30, 2011, Aitkin
County shall repay the $500,000 to the
commissioner of finance for deposit in
the environment and natural resources
trust fund.

Subd. 6.

Recreation 7,160,000 5,559,000

Summary by Fund

Trust Fund 5,560,000 5,559,000

State Land and Water Conservation
Account (LAWCON) 1,600,000 -0-

(a) State Park and Recreation Area
Land Acquisition 2,000,000

$1,000,000 the first year and
$1,000,000 the second year are from the
trust fund to the commissioner of
natural resources to acquire
in-holdings for state park and
recreation areas. Land acquired with
this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(b) LAWCON Federal Reimbursements 1,600,000

$1,600,000 is from the State Land and
Water Conservation Account (LAWCON) in
the natural resources fund to the
commissioner of natural resources for
priorities established by the
commissioner for eligible state
projects and administrative and
planning activities consistent with
Minnesota Statutes, section 116P.14,
and the federal Land and Water
Conservation Fund Act. Subdivision 16
applies to grants awarded in the
approved work program. This
appropriation is contingent upon
receipt of the federal obligation and
remains available until June 30, 2008,
at which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.

(c) State Park and Recreation Area
Revenue-Enhancing Development 200,000

$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources to enhance revenue generation
in the state's park and recreation
system.

(d) Best Management Practices for Parks
and Outdoor Recreation 200,000

$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
Minnesota Recreation and Park
Association to develop and evaluate
opportunities to more efficiently
manage Minnesota's parks and outdoor
recreation areas.

(e) Metropolitan Regional Parks Acquisition,
Rehabilitation, and Development 2,000,000

$1,000,000 the first year and
$1,000,000 the second year are from the
trust fund to the Metropolitan Council
for subgrants for the acquisition,
development, and rehabilitation in the
metropolitan regional park system,
consistent with the Metropolitan
Council regional recreation open space
capital improvement plan. This
appropriation may not be used for the
purchase of residential structures, may
be used to reimburse implementing
agencies for acquisition as expressly
approved in the work program, and must
be matched by at least 40 percent of
nonstate money. Subdivision 16 applies
to grants awarded in the approved work
program. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program. If a project financed under
this program receives a federal grant
award, the availability of the
financing from this paragraph for that
project is extended to equal the period
of the federal grant.

(f) Gitchi-Gami State Trail 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources, in cooperation with the
Gitchi-Gami Trail Association, for the
fourth biennium, to design and
construct approximately two miles of
Gitchi-Gami State Trail segments. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered. If this project receives a
federal grant award, the availability
of the financing from this paragraph
for the project is extended to equal
the period of the federal grant.

(g) Casey Jones State Trail 1,200,000

$600,000 the first year and $600,000
the second year are from the trust fund
to the commissioner of natural
resources in cooperation with the
Friends of the Casey Jones Trail
Association for land acquisition and
development of the Casey Jones State
Trail in southwest Minnesota. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered. If this project receives a
federal grant award, the availability
of the financing from this paragraph
for the project is extended to equal
the period of the federal grant.

(h) Paul Bunyan State Trail Connection 400,000

$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire land to connect
the Paul Bunyan State Trail within the
city of Bemidji.

(i) Minnesota River Trail Planning 200,000

$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
University of Minnesota to provide
trail planning assistance to three
communities along the Minnesota River
State Trail.

(j) Local Initiative Grants-Parks and Natural Areas 1,200,000

$600,000 the first year and $600,000
the second year are from the trust fund
to the commissioner of natural
resources to provide matching grants to
local governments for acquisition and
development of natural and scenic areas
and local parks as provided in
Minnesota Statutes, section 85.019,
subdivisions 2 and 4a, and regional
parks outside of the metropolitan
area. Grants may provide up to 50
percent of the nonfederal share of the
project cost, except nonmetropolitan
regional park grants may provide up to
60 percent of the nonfederal share of
the project cost. $500,000 of this
appropriation is for land acquisition
for a proposed county regional park on
Kraemer Lake in Stearns County. The
commission will monitor the grants for
approximate balance over extended
periods of time between the
metropolitan area, under Minnesota
Statutes, section 473.121, subdivision
2, and the nonmetropolitan area through
work program oversight and periodic
allocation decisions. For the purposes
of this paragraph, the match must be a
nonstate contribution, but may be
either cash or qualifying in-kind.
Recipients may receive funding for more
than one project in any given grant
period. Subdivision 16 applies to
grants awarded in the approved work
program. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered.

(k) Regional Park Planning for Nonmetropolitan
Urban Areas 86,000

$43,000 the first year and $43,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the University of
Minnesota to develop a plan for a
system of regional recreation areas for
major outstate urban complexes in
Minnesota.

(l) Local and Regional Trail Grant Initiative Program 700,000

$350,000 the first year and $350,000
the second year are from the trust fund
to the commissioner of natural
resources to provide matching grants to
local units of government for the cost
of acquisition, development,
engineering services, and enhancement
of existing and new trail facilities.
Subdivision 16 applies to grants
awarded in the approved work program.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
In addition, if a project financed
under this program receives a federal
grant award, the availability of the
financing from this paragraph for that
project is extended to equal the period
of the federal grant.

(m) Mesabi Trail 1,000,000

$500,000 the first year and $500,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with St.
Louis and Lake Counties Regional Rail
Authority for the seventh biennium to
acquire and develop segments for the
Mesabi Trail. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered. If this
project receives a federal grant award,
the availability of the financing from
this paragraph for the project is
extended to equal the period of the
federal grant.

(n) Cannon Valley Trail Belle Creek Bridge
Replacement 300,000

$150,000 the first year and $150,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
Cannon Valley Trail Joint Powers Board
for bridge replacement of the Belle
Creek Bridge on the Cannon Valley
Trail. This appropriation must be
matched by at least $44,000 of nonstate
money.

(o) Arrowhead Regional Bike Trail Connections Plan 83,000

$42,000 the first year and $41,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Arrowhead
Regional Development Commission to
analyze the Arrowhead's major bike
trails and plan new trail connections.

(p) Land Acquisition, Minnesota Landscape Arboretum 650,000

$325,000 the first year and $325,000
the second year are from the trust fund
to the University of Minnesota for an
agreement with the University of
Minnesota Landscape Arboretum
Foundation for the sixth biennium to
acquire land from willing sellers.
This appropriation must be matched by
an equal amount of nonstate money.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(q) Development and Rehabilitation of Minnesota
Shooting Ranges 300,000

$150,000 the first year and $150,000
the second year are from the trust fund
to the commissioner of natural
resources to provide technical
assistance and matching grants to local
communities and recreational shooting
and archery clubs for the purpose of
developing or rehabilitating shooting
and archery facilities for public use.
Recipient facilities must be open to
the general public at reasonable times
and for a reasonable fee on a walk-in
basis. This appropriation is available
until June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(r) Birding Maps 100,000

$50,000 the first year and $50,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Audubon Minnesota
to create a new birding trail guide for
the North Shore/Arrowhead region and
reprint and distribute guides for three
existing birding trails.

Subd. 7.

Water Resources 3,027,000 3,000,000

Summary by Fund

Trust Fund 2,999,000 3,000,000

Great Lakes Protection
Account 28,000

(a) Local Water Management Matching Challenge Grants 1,000,000

$500,000 the first year and $500,000
the second year are from the trust fund
to the Board of Water and Soil
Resources to accelerate the local water
management challenge grant program
under Minnesota Statutes, sections
103B.3361 to 103B.3369, through
matching grants to implement high
priority activities in state-approved
comprehensive water management plans.
For the purposes of this paragraph, the
match must be a nonstate contribution,
but may be either cash or qualifying
in-kind. The grants may be provided on
an advance basis as specified in the
work program. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(b) Accelerating and Enhancing Surface Water
Monitoring for Lakes and Streams 600,000

$300,000 the first year and $300,000
the second year are from the trust fund
to the commissioner of the Pollution
Control Agency for acceleration of
agency programs and cooperative
agreements with the Minnesota Lakes
Association, Rivers Council of
Minnesota, and the University of
Minnesota to accelerate monitoring
efforts through assessments, citizen
training, and implementation grants.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(c) Effects of Land Retirements on the
Minnesota River 300,000

$150,000 the first year and $150,000
the second year are from the trust fund
to the Board of Water and Soil
Resources for a cooperative agreement
with the U.S. Geological Survey to
evaluate effects of retired or
set-aside agricultural lands on the
water quality and aquatic habitat of
streams in the Minnesota River Basin in
order to enhance prioritization of
future land retirements. This
appropriation must be matched by an
equal amount of nonstate money. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(d) Recycling Treated Municipal Wastewater for
Industrial Water Use 300,000

$150,000 the first year and $150,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
Metropolitan Council to determine the
feasibility of recycling treated
municipal wastewater for industrial
use, characterize industrial water
demand and quality, and determine the
costs to treat municipal wastewater to
meet specific industrial needs.

(e) Unwanted Hormone Therapy: Protecting Water
and Public Health 300,000

$150,000 the first year and $150,000
the second year are from the trust fund
to the University of Minnesota to
determine where behavior-altering
estrogenic compounds come from and how
they are distributed in wastewater
treatment plants. This appropriation
is available until June 30, 2008, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.

(f) Climate Change Impacts on Minnesota's
Aquatic Resources 250,000

$125,000 the first year and $125,000
the second year are from the trust fund
to the University of Minnesota, Natural
Resources Research Institute, to
quantify climate, hydrologic, and
ecological variability and trends; and
identify indicators of future climate
change effects on aquatic systems.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(g) Green Roof Cost Share and Monitoring 350,000

$175,000 the first year and $175,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Ramsey
Conservation District to install green,
vegetated roofs on four commercial or
industrial buildings in Roseville and
Falcon Heights and to monitor their
effectiveness for stormwater
management, flood reduction, water
quality, and energy efficiency. The
cost of the installations must be
matched by at least 50 percent nonstate
money.

(h) Woodchip Biofilter Treatment of Feedlot Runoff 270,000

$135,000 the first year and $135,000
the second year are from the trust fund
to the commissioner of natural
resources for agreements with Stearns
County Soil and Water Conservation
District and the University of
Minnesota to treat feedlot runoff with
woodchip biofilters to remove
pollutants and assess improvements to
surface water quality. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(i) Improving Water Quality on the Central Sands 587,000

$294,000 the first year and $293,000
the second year are from the trust fund
to the commissioner of natural
resources for agreements with the
University of Minnesota and the Central
Lakes College Agricultural Center to
reduce nitrate and phosphorus losses to
groundwater and surface waters of sandy
ecoregions through the development,
promotion, and adoption of new farming
and land management practices and
techniques. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(j) Improving Impaired Watersheds: Conservation
Drainage Research 300,000

$150,000 the first year and $150,000
the second year are from the trust fund
to the commissioner of agriculture to
analyze conservation drainage systems
at University of Minnesota research and
outreach centers for opportunities to
retrofit drainage infrastructure with
water quality improvement
technologies. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(k) Hydrology, Habitat, and Energy Potential
of Mine Lakes 500,000

$188,000 the first year and $211,000
the second year are from the trust fund
to the commissioner of natural
resources for agency work and
agreements with Architectural
Resources, Inc., and Northeast
Technical Services, Inc., for a
coordinated effort of the Central Iron
Range Initiative to establish ultimate
mine water elevations, outflows, and
quality; design optimum future mineland
configurations for fish habitat and
lakeshore development; and evaluate
wind-pumped hydropower potential.
$62,000 the first year and $39,000 the
second year are from the trust fund to
the Minnesota Geological Survey at the
University of Minnesota to assess the
geology and mine pit morphometry.

(l) Hennepin County Beach Water Quality
Monitoring Project 100,000

$50,000 the first year and $50,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Hennepin County
to develop a predictive model for
on-site determination of beach water
quality to prevent outbreaks of
waterborne illnesses and provide
related water safety outreach to the
public.

(m) Southwest Minnesota Floodwater Retention Projects 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Area II
MN River Basin Projects, Inc., to
acquire easements and construct four
floodwater retention projects in the
Minnesota River Basin to improve water
quality and waterfowl habitat.

(n) Upgrades to Blue Heron Research Vessel 295,000

$28,000 is from the Great Lakes
protection account in the first year
and $133,000 the first year and
$134,000 the second year are from the
trust fund to the University of
Minnesota, Large Lakes Observatory, to
upgrade and overhaul the Blue Heron
Research Vessel.

(o) Bassett Creek Valley Channel Restoration 175,000

$87,000 the first year and $88,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the city of
Minneapolis for design and engineering
activities for habitat restoration and
water quality and channel improvements
for Bassett Creek Valley.

(p) Restoration of Indian Lake 200,000

$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources for agreements with MN
Environmental Services and Bemidji
State University to demonstrate the
removal of excess nutrients from Indian
Lake in Wright County. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program, and is
contingent on all appropriate permits
being obtained.

Subd. 8.

Land Use and Natural Resource
Information 1,000,000 1,000,000

Summary by Fund

Trust Fund 1,000,000 1,000,000

(a) Minnesota County Biological Survey 1,000,000

$500,000 the first year and $500,000
the second year are from the trust fund
to the commissioner of natural
resources for the tenth biennium to
accelerate the survey that identifies
significant natural areas and
systematically collects and interprets
data on the distribution and ecology of
native plant communities, rare plants,
and rare animals.

(b) Soil Survey 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the Board of Water and Soil
Resources to accelerate digitizing of
completed soil surveys for Web-based
user application and for agreements
with Pine and Crow Wing Counties to
begin soil surveys. The new soil
surveys must be done on a cost-share
basis with local and federal funds.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(c) Land Cover Mapping for Natural Resource Protection 250,000

$125,000 the first year and $125,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
Hennepin County to develop GIS tools
for prioritizing natural areas for
protection and restoration and to
update and complete land cover
classification mapping.

(d) Open Space Planning and Protection 250,000

$125,000 the first year and $125,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Anoka
Conservation District to protect open
space by identifying high priority
natural resource corridors through
planning, conservation easements, and
land dedication as part of development
processes.

Subd. 9.

Agriculture and Natural
Resource Industries 1,342,000 1,341,000

Summary by Fund

Trust Fund 1,342,000 1,341,000

(a) Completing Third-Party Certification
of DNR Forest Lands 250,000

$125,000 the first year and $125,000
the second year are from the trust fund
to the commissioner of natural
resources for third-party assessment
and certification of 4,470,000 acres of
DNR-administered lands under forest
sustainability standards established by
two internationally recognized forest
certification systems, the Forest
Stewardship Council system, and the
Sustainable Forestry Initiative system.

(b) Third-Party Certification of Private Woodlands 376,000

$188,000 the first year and $188,000
the second year are from the trust fund
to the University of Minnesota, Cloquet
Forestry Center, to pilot a third-party
certification assessment framework for
nonindustrial private forest owners.

(c) Sustainable Management of Private Forest Lands 874,000

$437,000 the first year and $437,000
the second year are from the trust fund
to the commissioner of natural
resources to develop stewardship plans
for private forested lands, implement
stewardship plans on a cost-share basis
and for conservation easements matching
federal funds. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(d) Evaluating Riparian Timber Harvesting
Guidelines: Phase 2 333,000

$167,000 the first year and $166,000
the second year are from the trust fund
to the University of Minnesota for a
second biennium to assess the timber
harvesting riparian management
guidelines for postharvest impacts on
terrestrial, aquatic, and wildlife
habitat. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(e) Third Crops for Water Quality-Phase 2 500,000

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources for cooperative agreements
with Rural Advantage and the University
of Minnesota to accelerate adoption of
third crops to enhance water quality,
diversify cropping systems, supply
bioenergy, and provide wildlife habitat
through demonstration, research, and
education. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(f) Bioconversion of Potato Waste into
Marketable Biopolymers 350,000

$175,000 the first year and $175,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Bemidji
State University to evaluate the
bioconversion of potato waste into
plant-based plastics. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

Subd. 10.

Energy 1,896,000 1,896,000

Summary by Fund

Trust Fund 1,896,000 1,896,000

(a) Clean Energy Resource Teams and Community Wind
Energy Rebate Programs 700,000

$350,000 the first year and $350,000
the second year are from the trust fund
to the commissioner of commerce.
$300,000 of this appropriation is to
provide technical assistance to
implement cost-effective conservation,
energy efficiency, and renewable energy
projects. $400,000 of this
appropriation is to assist two
Minnesota communities in developing
locally owned wind energy projects by
offering financial assistance rebates.

(b) Planning for Economic Development
via Energy Independence 240,000

$120,000 the first year and $120,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
University of Minnesota-Duluth to
evaluate the socioeconomic benefits of
statewide and community renewable
energy production and distribution by
analyzing system installation,
technical capabilities,
cost-competitiveness, economic impacts,
and policy incentives.

(c) Manure Methane Digester Compatible Wastes
and Electrical Generation 100,000

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

(d) Dairy Farm Digesters 336,000

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

(e) Wind to Hydrogen Demonstration 800,000

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

(f) Natural Gas Production from
Agricultural Biomass 100,000

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

(g) Biomass-Derived Oils for Generating Electricity
and Reducing Emissions 150,000

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

(h) Phillips Biomass Community Energy System 900,000

$450,000 the first year and $450,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
Phillips Community Energy Cooperative
to assist in the distribution system
equipment and construction costs for a
biomass district energy system. This
appropriation is contingent on all
appropriate permits being obtained and
a signed commitment of financing for
the biomass electrical generating
facility being in place.

(i) Laurentian Energy Authority Biomass Project 466,000

$233,000 the first year and $233,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
Virginia Public Utility to lease land
and plant approximately 1,000 acres of
trees to support a proposed conversion
to a biomass power plant.

Subd. 11.

Environmental Education 360,000 360,000

Summary by Fund

Trust Fund 360,000 360,000

(a) Enhancing Civic Understanding of Groundwater 150,000

$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Science
Museum of Minnesota to create
groundwater exhibits and a statewide
traveling groundwater classroom
program. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(b) Cedar Creek Natural History Area Interpretive
Center and Restoration 400,000

$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
University of Minnesota, Cedar Creek
Natural History Area, to restore 400
acres of savanna and prairie; construct
a Science Interpretive Center to
publicly demonstrate technologies for
energy efficiency; and create
interpretive trails. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(c) Environmental Problem-Solving Model
for Twin Cities Schools 75,000

$38,000 the first year and $37,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Eco Education to
train high school students and teachers
on environmental problem solving.

(d) Tamarack Nature Center Exhibits 95,000

$47,000 the first year and $48,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Ramsey County
Parks and Recreation Department to
develop interactive ecological exhibits
at Tamarack Nature Center.

Subd. 12.

Children's Environmental
Health 100,000 100,000

Summary by Fund

Trust Fund 100,000 100,000

Minnesota Children's Pesticide Exposure
Reduction Initiative 200,000

$100,000 the first year and $100,000
the second year are appropriated to the
commissioner of agriculture to reduce
children's pesticide exposure through
parent education on alternative pest
control methods and safe pesticide use.

Subd. 13.

Data Availability Requirements

(a) During the biennium ending June 30,
2007, data collected by the projects
funded under this section that have
value for planning and management of
natural resource, emergency
preparedness, and infrastructure
investments must conform to the
enterprise information architecture
developed by the Office of Technology.
Spatial data must conform to geographic
information system guidelines and
standards outlined in that architecture
and adopted by the Minnesota Geographic
Data Clearinghouse at the Land
Management Information Center. A
description of these data that adheres
to Office of Technology geographic
metadata standards must be submitted to
the Land Management Information Center
to be made available on-line through
the clearinghouse, and the data
themselves must be accessible and free
to the public unless made private under
the Data Practices Act, Minnesota
Statutes, chapter 13.

(b) To the extent practicable, summary
data and results of projects funded
under this section should be readily
accessible on the Internet and
identified as an environment and
natural resources trust fund project.

(c) As part of project expenditures,
recipients of land acquisition
appropriations must provide the
information necessary to update public
recreation information maps to the
Department of Natural Resources in the
form specified by the department.

Subd. 14.

Project Requirements

It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must comply with
Minnesota Statutes, chapter 116P, and
vegetation planted must be native to
Minnesota and preferably of the local
ecotype unless the work program
approved by the commission expressly
allows the planting of species that are
not native to Minnesota.

Subd. 15.

Match Requirements

Unless specifically authorized,
appropriations in this section that
must be matched and for which the match
has not been committed by December 31,
2005, are canceled, and in-kind
contributions may not be counted as
matching funds.

Subd. 16.

Payment Conditions and Capital Equipment Expenditures

All agreements, grants, or contracts
referred to in this section must be
administered on a reimbursement basis
unless otherwise provided in this
section. Notwithstanding Minnesota
Statutes, section 16A.41, expenditures
made on or after July 1, 2005, or the
date the work program is approved,
whichever is later, are eligible for
reimbursement unless otherwise provided
in this section. Payment must be made
upon receiving documentation that
project-eligible, reimbursable dollar
amounts have been expended, except that
reasonable amounts may be advanced to
projects to accommodate cash flow needs
or match federal funds. The advances
must be approved as part of the work
program. No expenditures for capital
equipment are allowed unless expressly
authorized in the project work program.

Subd. 17.

Purchase of Recycled and Recyclable Materials

A political subdivision, public or
private corporation, or other entity
that receives an appropriation in this
section must use the appropriation in
compliance with Minnesota Statutes,
sections 16B.121 and 16B.122, requiring
the purchase of recycled, repairable,
and durable materials; the purchase of
uncoated paper stock; and the use of
soy-based ink, the same as if it were a
state agency.

Subd. 18.

Energy Conservation

A recipient to whom an appropriation is
made in this section for a capital
improvement project shall ensure that
the project complies with the
applicable energy conservation
standards contained in law, including
Minnesota Statutes, sections 216C.19
and 216C.20, and rules adopted
thereunder. The recipient may use the
energy planning, advocacy, and state
energy office units of the Department
of Commerce to obtain information and
technical assistance on energy
conservation and alternative energy
development relating to the planning
and construction of the capital
improvement project.

Subd. 19.

Accessibility

Structural and nonstructural facilities
must meet the design standards in the
Americans with Disability Act (ADA)
accessibility guidelines.

Sec. 11.

Minnesota Statutes 2004, section 16A.125,
subdivision 5, is amended to read:

Subd. 5.

Forest trust lands.

new text begin (a) new text end The term "state forest
trust fund lands" as used in this subdivision, means public land
in trust under the Constitution set apart as "forest lands under
the authority of the commissioner" of natural resources as
defined by section 89.001, subdivision 13.

new text begin (b) new text end The commissioner of finance shall credit the revenue
from the forest trust fund lands to the forest suspense
account. The account must specify the trust funds interested in
the lands and the respective receipts of the lands.

new text begin (c) new text end After a fiscal year, the commissioner of finance shall
certify the total costs incurred for forestry during that year
under appropriations for the protection, improvement,
administration, and management of state forest trust fund lands
and construction and improvement of forest roads to enhance the
forest value of the lands. The certificate must specify the
trust funds interested in the lands. The commissioner of
natural resources shall supply the commissioner of finance with
the information needed for the certificate.

new text begin (d) new text end After a fiscal year new text begin and after the appropriation in
subdivision 11new text end , the commissioner shall distribute the receipts
credited to the suspense account during that fiscal year as
follows:

deleted text begin (a) deleted text end new text begin (1) new text end the amount of the certified costs incurred by the
state for forest managementnew text begin , forest improvement, and road
improvement new text end during the fiscal year shall be transferred to
the deleted text begin general fund.deleted text end new text begin forest management investment account
established under section 89.039;
new text end

new text begin (2) the balance of the certified costs incurred by the
state during the fiscal year shall be transferred to the general
fund; and
new text end

deleted text begin (b) deleted text end new text begin (3) new text end the balance of the receipts shall then be returned
prorated to the trust funds in proportion to their respective
interests in the lands which produced the receipts.

Sec. 12.

Minnesota Statutes 2004, section 84.027,
subdivision 12, is amended to read:

Subd. 12.

Property disposal; gift acknowledgment;
advertising sales.

(a) The commissioner may give away to
members of the public items with a value of less than deleted text begin $10 deleted text end new text begin $50
new text end that are intended to promote conservation of natural resources
or create awareness of the state and its resources or natural
resource management programs. The total value of items given to
the public under this paragraph may not exceed $25,000 per year.

(b) The commissioner may recognize the contribution of
money or in-kind services on plaques, signs, publications,
audio-visual materials, and media advertisements by allowing the
organization's contribution to be acknowledged in print of
readable size.

(c) The commissioner may accept paid advertising for
departmental publications. Advertising revenues received are
appropriated to the commissioner to be used to defray costs of
publications, media productions, or other informational
materials. The commissioner may not accept paid advertising
from any elected official or candidate for elective office.

Sec. 13.

Minnesota Statutes 2004, section 84.027,
subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, new text begin pass, sticker, duplicate safety training
certification,new text end registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by telephone.
Notwithstanding section 97A.472, electronic and telephone
transactions may be made outside of the state. The commissioner
may:

(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;

(2) assign deleted text begin a license deleted text end new text begin an new text end identification number to an
applicant who purchases a hunting or fishing license new text begin or
recreational vehicle registration new text end by electronic means, to serve
as temporary authorization to engage in the deleted text begin licensed
deleted text end activity new text begin requiring a license or registration new text end until the license
new text begin or registration new text end is received or expires;

(3) charge and permit agents to charge a fee of individuals
who make electronic transactions and transactions by
telephone new text begin or Internetnew text end , including deleted text begin the deleted text end issuing deleted text begin fee under section
97A.485, subdivision 6,deleted text end new text begin fees new text end and an additional transaction fee
not to exceed $3.50;

(4) deleted text begin collect issuing or filing fees as provided under
sections 84.788, subdivision 3, paragraph (e); 84.798,
subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
97A.485, subdivision 6, and collect deleted text end new text begin establish, by written order,
new text end an electronic licensing system commission deleted text begin on deleted text end new text begin to be paid by
revenues generated from all new text end sales deleted text begin of licenses as provided under
sections 85.43, paragraph (b), and 97A.485, subdivision 7 deleted text end new text begin made
through the electronic licensing system. The commissioner shall
establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the
electronic licensing systemnew text end ; and

(5) adopt rules to administer the provisions of this
subdivision.

(b) deleted text begin Establishment of deleted text end The deleted text begin transaction fee deleted text end new text begin fees established
new text end under paragraph (a), clause (3)new text begin , and the commission established
under paragraph (a), clause (4)new text end , deleted text begin is deleted text end new text begin are new text end not subject to the
rulemaking procedures of chapter 14 and section 14.386 does not
apply.

(c) Money received from fees and commissions collected
under this subdivision, including interest earned, is annually
appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 14.

Minnesota Statutes 2004, section 84.027, is
amended by adding a subdivision to read:

new text begin Subd. 17. new text end

new text begin Background checks for volunteer
instructors. new text end

new text begin (a) The commissioner may conduct background checks
for volunteer instructor applicants for department safety
training and education programs, including the programs
established under sections 84.791 (youth off-highway motorcycle
safety education and training), 84.86 and 84.862 (youth and
adult snowmobile safety training), 84.925 (youth all-terrain
vehicle safety education and training), 97B.015 (youth firearms
safety training), and 97B.025 (hunter and trapper education and
training).
new text end

new text begin (b) The commissioner shall perform the background check by
retrieving criminal history data maintained in the criminal
justice information system (CJIS) and other data sources.
new text end

new text begin (c) The commissioner shall develop a standardized form to
be used for requesting a background check, which must include:
new text end

new text begin (1) a notification to the applicant that the commissioner
will conduct a background check under this section;
new text end

new text begin (2) a notification to the applicant of the applicant's
rights under paragraph (d); and
new text end

new text begin (3) a signed consent by the applicant to conduct the
background check expiring one year from date of signature.
new text end

new text begin (d) The volunteer instructor applicant who is the subject
of a background check has the right to:
new text end

new text begin (1) be informed that the commissioner will request a
background check on the applicant;
new text end

new text begin (2) be informed by the commissioner of the results of the
background check and obtain a copy of the background check;
new text end

new text begin (3) obtain any record that forms the basis for the
background check and report;
new text end

new text begin (4) challenge the accuracy and completeness of the
information contained in the report or a record; and
new text end

new text begin (5) be informed by the commissioner if the applicant is
rejected because of the result of the background check.
new text end

Sec. 15.

Minnesota Statutes 2004, section 84.0274, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Exception for nonprofit organizations and
governmental entities. new text end

new text begin When the commissioner acquires land or
interests in land from a nonprofit organization or governmental
entity, any or all of the provisions of this section may be
waived by mutual agreement of the commissioner and the nonprofit
organization or governmental entity.
new text end

Sec. 16.

Minnesota Statutes 2004, section 84.0274, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Right of first refusal agreement. new text end

new text begin The
commissioner may enter into a right of first refusal agreement
with a landowner prior to determining the value of the land. No
right of first refusal agreement shall be made for a period of
greater than two years and payment to the landowner for entry
into the agreement shall not exceed $5,000.
new text end

Sec. 17.

Minnesota Statutes 2004, section 84.0911,
subdivision 2, is amended to read:

Subd. 2.

Receipts.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 84.631, is
amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

new text begin (a) new text end Except as provided in section 85.015, subdivision 1b,
the commissioner, on behalf of the state, may convey a road
easement across state land under the commissioner's jurisdiction
other than school trust land, to a private person requesting an
easement for access to property owned by the person only if the
following requirements are met: (1) there are no reasonable
alternatives to obtain access to the property; and (2) the
exercise of the easement will not cause significant adverse
environmental or natural resource management impacts.

new text begin (b) new text end The commissioner shall:

(1) require the applicant to pay the market value of the
easement;

(2) provide that the easement reverts to the state in the
event of nonuse; and

(3) impose other terms and conditions of use as necessary
and appropriate under the circumstances.

new text begin (c) An applicant shall submit a fee of up to $2,000 with
each application for a road easement across state land. The
commissioner must give the applicant an estimate of the costs of
the road easement before the applicant submits the fee. The
application fee is nonrefundable, even if the application is
withdrawn or denied.
new text end

new text begin (d) Fees collected under paragraph (c) must be deposited in
the land management account in the natural resources fund.
new text end

Sec. 19.

Minnesota Statutes 2004, section 84.775,
subdivision 1, is amended to read:

Subdivision 1.

Civil citation; authority to issue.

(a) A
conservation officer or other licensed peace officer may issue a
civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections
84.773new text begin , subdivision 1 or 2, clause (1)new text end ; 84.777; 84.788 to
84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773new text begin ,
subdivision 1 or 2, clause (1)new text end ; 84.777; 84.798 to 84.804; or
84.90; or

(3) an all-terrain vehicle in violation of sections 84.773new text begin ,
subdivision 1 or 2, clause (1)new text end ; 84.777; 84.90; or 84.922 to
84.928.

(b) A civil citation new text begin under paragraph (a) new text end shall require
restitution for public and private property damage and impose a
penalty of:

(1) $100 for the first offense;

(2) $200 for the second offense; and

(3) $500 for third and subsequent offenses.

(c) new text begin A conservation officer or other licensed peace officer
may issue a civil citation to a person who operates an
off-highway motorcycle, off-road vehicle, or all-terrain vehicle
in violation of section 84.773, subdivision 2, clause (2) or
(3). A civil citation under this paragraph shall require
restitution for damage to wetlands and impose a penalty of:
new text end

new text begin (1) $100 for the first offense;
new text end

new text begin (2) $500 for the second offense; and
new text end

new text begin (3) $1,000 for third and subsequent offenses.
new text end

new text begin (d) new text end If the peace officer determines that there is damage to
property requiring restitution, the commissioner must send a
written explanation of the extent of the damage and the cost of
the repair by first class mail to the address provided by the
person receiving the citation within 15 days of the date of the
citation.

new text begin (e) An off-road vehicle or all-terrain vehicle that is
equipped with a snorkel device and receives a civil citation
under this section is subject to twice the penalty amounts in
paragraphs (b) and (c).
new text end

Sec. 20.

new text begin [84.781] USE OF DEPARTMENT RESOURCES.
new text end

new text begin The commissioner of natural resources may permit Department
of Natural Resources personnel and equipment from the Division
of Trails and Waterways to be used to assist local units of
government in developing and maintaining off-highway vehicle
grant-in-aid trails located on property owned by or under the
control of the local unit of government.
new text end

Sec. 21.

new text begin [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
CONSERVATION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The commissioner of natural
resources shall establish an off-highway vehicle safety and
conservation grant program to award grants to organizations that
meet the eligibility requirements under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the off-highway vehicle
safety and conservation grant program is to encourage
off-highway vehicle clubs to assist in safety and environmental
education and in improving, maintaining, and monitoring trails
on state forest land and other public lands.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible for a grant under
this section, an organization must:
new text end

new text begin (1) be a statewide Minnesota organization that has been in
existence at least five years and that promotes the operation of
off-highway vehicles in a manner that is safe, responsible, and
does not harm the environment;
new text end

new text begin (2) promote the operation of off-highway vehicles in a
manner that does not conflict with the laws and rules that
relate to the operation of off-highway vehicles;
new text end

new text begin (3) have an interest limited to the operation of motorized
vehicles on motorized trails and other designated areas;
new text end

new text begin (4) have a board of directors that has 80 percent of its
members who are representatives of all-terrain vehicle clubs,
off-highway motorcycle clubs, or off-road vehicle clubs; and
new text end

new text begin (5) provide support to off-highway vehicle clubs.
new text end

new text begin Subd. 4. new text end

new text begin Use of grants. new text end

new text begin An organization receiving a
grant under this section shall use the grant money to promote
and provide support to the Department of Natural Resources by:
new text end

new text begin (1) encouraging off-highway vehicle clubs to assist in
improving, maintaining, and monitoring trails on state forest
land and other public lands;
new text end

new text begin (2) providing assistance to the department in locating,
recruiting, and training instructors;
new text end

new text begin (3) assisting the commissioner and the director of tourism
in creating an outreach program to inform local communities of
appropriate off-highway vehicle use in their communities and of
the economic benefits and costs that may be attributed to
promoting tourism to attract off-highway vehicles;
new text end

new text begin (4) publishing a manual in cooperation with the
commissioner that will be used to train volunteers in monitoring
the operation of off-highway vehicles for safety, environmental,
and other issues that relate to the responsible operation of
off-highway vehicles; and
new text end

new text begin (5) collecting data on the operation of off-highway
vehicles in the state.
new text end

Sec. 22.

new text begin [84.7851] WORKER DISPLACEMENT PROHIBITED.
new text end

new text begin The commissioner may not enter into any agreement that has
the purpose of or results in the displacement of public
employees by volunteers participating in an off-highway safety
and conservation program. The commissioner must certify to the
appropriate bargaining agent that the work performed by a
volunteer will not result in the displacement of currently
employed workers or workers on seasonal layoff or layoff from a
substantially equivalent position, including partial
displacement such as reduction in hours of nonovertime work,
wages, or other employment benefits.
new text end

Sec. 23.

Minnesota Statutes 2004, section 84.788,
subdivision 3, is amended to read:

Subd. 3.

Application; issuance; reports.

(a) Application
for registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
in a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle.

(b) A person who purchases from a retail dealer an
off-highway motorcycle shall make application for registration
to the dealer at the point of sale. The dealer shall issue a
temporary ten-day registration permit to each purchaser who
applies to the dealer for registration. The dealer shall submit
the completed registration applications and fees to the deputy
registrar at least once each week. No fee may be charged by a
dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, deleted text begin a 60-day temporary receipt
and shall assign a deleted text end new text begin an assigned new text end registration number deleted text begin that deleted text end new text begin or a
commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number new text end must be affixed to the
motorcycle deleted text begin in a manner prescribed by the commissioner deleted text end new text begin according
to paragraph (f)new text end . A dealer subject to paragraph (b) shall
provide the registration materials deleted text begin and deleted text end new text begin or new text end temporary
deleted text begin receipt deleted text end new text begin permit new text end to the purchaser within the ten-day temporary
permit period.

(d) The commissioner shall develop a registration system to
register vehicles under this section. A deputy registrar of
motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of
natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements.

(e) In addition to other fees prescribed by law, a filing
fee of $4.50 is charged for each off-highway motorcycle
registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged
for each off-highway motorcycle registration and registration
transfer issued by:

(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or

(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.

new text begin (f) Unless exempted in paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued
by the commissioner. If the motorcycle is licensed as a motor
vehicle, a registration decal must be affixed on the upper left
corner of the rear license plate. If the motorcycle is not
licensed as a motor vehicle, the decal must be attached on the
side of the motorcycle and may be attached to the fork tube.
The decal must be attached in a manner so that it is visible
while a rider is on the motorcycle. The issued decals must be
of a size to work within the constraints of the electronic
licensing system, not to exceed three inches high and three
inches wide.
new text end

new text begin (g) Display of a registration decal is not required for an
off-highway motorcycle:
new text end

new text begin (1) while being operated on private property; or
new text end

new text begin (2) while competing in a closed-course competition event.
new text end

Sec. 24.

Minnesota Statutes 2004, section 84.788, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 3, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and:
new text end

new text begin (1) the off-highway motorcycle was registered incorrectly
by the commissioner or the deputy registrar; or
new text end

new text begin (2) the off-highway motorcycle was registered twice, once
by the dealer and once by the customer.
new text end

Sec. 25.

Minnesota Statutes 2004, section 84.789, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Sound emissions. new text end

new text begin (a) On and after July 1, 2006,
off-highway motorcycles, when operating on public lands, shall
at all times be equipped with a silencer or other device that
limits sound emissions according to this subdivision.
new text end

new text begin (b) Sound emissions of competition off-highway motorcycles
manufactured on or after January 1, 1998, are limited to not
more than 96 dbA and, if manufactured prior to January 1, 1998,
to not more than 99 dbA, when measured from a distance of 20
inches using test procedures established by the Society of
Automotive Engineers under Standard J-1287, as applicable.
new text end

new text begin (c) Sound emissions of all other off-highway motorcycles
are limited to not more than 96 dbA if manufactured on or after
January 1, 1986, and not more than 99 dbA if manufactured prior
to January 1, 1986, when measured from a distance of 20 inches
using test procedures established by the Society of Automotive
Engineers under Standard J-1287, as applicable.
new text end

new text begin (d) Off-highway motorcycles operating in closed course
competition events are excluded from the requirements of this
subdivision.
new text end

Sec. 26.

Minnesota Statutes 2004, section 84.791,
subdivision 1, is amended to read:

Subdivision 1.

Program establishednew text begin ; when requirednew text end .

new text begin (a)
new text end The commissioner shall establish a comprehensive off-highway
motorcycle environment and safety education and training
program, including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
off-highway motorcycle operators, and the issuance of
off-highway motorcycle safety certificates to operators under
the age of 16 years who successfully complete the off-highway
motorcycle environment and safety education and training courses.

new text begin (b) An individual who is convicted of violating a law
related to the operation of an off-highway motorcycle must
successfully complete the environment and safety education and
training program established under paragraph (a) before
continuing operation of an off-highway motorcycle.
new text end

Sec. 27.

Minnesota Statutes 2004, section 84.791,
subdivision 2, is amended to read:

Subd. 2.

Fees.

For the purposes of administering the
program and to defray a portion of the expenses of training and
certifying vehicle operators, the commissioner shall collect a
fee not to exceed $5 from each person who receives the training.
The commissioner shall collect a fee for issuing a duplicate
off-highway motorcycle safety certificate. The commissioner
shall establish the fee for a duplicate off-highway motorcycle
safety certificatenew text begin , to include a $1 issuing fee for licensing
agents,new text end that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the service. The fees deleted text begin must deleted text end new text begin , except for the issuing
fee for licensing agents under this subdivision, shall new text end be
deposited in the state treasury and credited to the off-highway
motorcycle account new text begin in the natural resources fundnew text end .

Sec. 28.

Minnesota Statutes 2004, section 84.798,
subdivision 1, is amended to read:

Subdivision 1.

General requirements.

new text begin (a) new text end Unless exempted
under new text begin paragraph (b) or new text end subdivision 2, after January 1, 1995, a
person may not operate and an owner may not give permission for
another to operate deleted text begin a vehicle off-road, nor may a person have deleted text end an
off-road vehicle deleted text begin not registered under chapter 168 in possession
at an off-road vehicle staging area, or designated trail deleted text end new text begin on
lands administered by the commissioner on off-road
vehicle-designated trails new text end or deleted text begin area deleted text end new text begin areas, or on off-road vehicle
grant-in-aid trails and areas funded under section 84.803new text end ,
unless the vehicle has been registered under this section.

new text begin (b) Annually on the third Saturday of May, the commissioner
shall allow the operation of nonregistered off-road vehicles at
the Iron Range Off-Highway Vehicle Recreation Area.
new text end

Sec. 29.

Minnesota Statutes 2004, section 84.798, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 3, paragraph (b), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and the vehicle
was registered incorrectly by the commissioner or the deputy
registrar.
new text end

Sec. 30.

new text begin [84.8015] EDUCATION AND TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Program established when required. new text end

new text begin (a)
The commissioner shall establish a comprehensive off-road
vehicle environment and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
off-road vehicle operators, and the issuance of off-road vehicle
safety certificates to operators 16 to 18 years of age who
successfully complete the off-road vehicle environment and
safety education and training courses.
new text end

new text begin (b) Beginning July 1, 2006, an individual who is convicted
of violating a law related to the operation of an off-road
vehicle must successfully complete the environment and safety
education and training program established under paragraph (a)
before continuing operation of an off-road vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Fees. new text end

new text begin For the purposes of administering the
program and to defray a portion of the expenses of training and
certifying vehicle operators, the commissioner shall collect a
fee not to exceed $15 from each person who receives the
training. The commissioner shall collect a fee for issuing a
duplicate off-road vehicle safety certificate. The commissioner
shall establish the fee for a duplicate off-road vehicle safety
certificate that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the service. The fees must be deposited in the state
treasury and credited to the off-road vehicle account.
new text end

new text begin Subd. 3. new text end

new text begin Cooperation and consultation. new text end

new text begin The commissioner
shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in
furtherance of the program established under this section. The
commissioner shall consult with the commissioner of public
safety in regard to training program subject matter and
performance testing that leads to the certification of off-road
vehicle operators.
new text end

new text begin Subd. 4. new text end

new text begin Reciprocity with other states. new text end

new text begin The commissioner
may enter into reciprocity agreements or otherwise certify
off-road vehicle environment and safety education and training
courses from other states that are substantially similar to
in-state courses. Proof of completion of a course subject to a
reciprocity agreement or certified as substantially similar is
adequate to meet the safety certificate requirements of this
section.
new text end

Sec. 31.

Minnesota Statutes 2004, section 84.804,
subdivision 3, is amended to read:

Subd. 3.

Operation generally.

A person may not drive or
operate a vehicle off-road:

(1) at a rate of speed greater than is reasonable under the
surrounding circumstances;

(2) in a careless, reckless, or negligent manner which may
endanger or cause injury or damage to the person or property of
another;

(3) without a functioning stoplight if so equipped;

(4) in a tree nursery or planting in a manner that damages
or destroys growing stock;

(5) without a brake operational by either hand or foot; deleted text begin or
deleted text end

(6) in a manner that violates rules adopted by the
commissionernew text begin ; or
new text end

new text begin (7) on unfrozen public water, if the vehicle is equipped
with a snorkel device that has a raised air intake six inches or
more above the vehicle manufacturer's original air intakenew text end .

Sec. 32.

Minnesota Statutes 2004, section 84.82,
subdivision 2, is amended to read:

Subd. 2.

Application, issuance, reports, additional fee.

(a) Application for registration or reregistration shall be made
to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall
state the legal name and address of every owner of the
snowmobile.

(b) A person who purchases a snowmobile from a retail
dealer shall make application for registration to the dealer at
the point of sale. The dealer shall issue a new text begin dealer new text end temporary
new text begin ten-day new text end registration permit to each purchaser who applies to the
dealer for registration. deleted text begin The temporary registration is valid
for 60 days from the date of issue.deleted text end Each retail dealer shall
submit completed registration and fees to the deputy registrar
at least once a week. new text begin No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
new text end

new text begin (c) new text end Upon receipt of the application and the appropriate fee
as hereinafter provided, deleted text begin such snowmobile shall be registered and
a deleted text end new text begin the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, an assigned new text end registration
number deleted text begin assigned which shall deleted text end new text begin or a commissioner or deputy
registrar temporary ten-day permit. Once issued, the
registration number must new text end be affixed to the snowmobile in a
clearly visible and permanent manner for enforcement purposes as
the commissioner of natural resources shall prescribe. new text begin A dealer
subject to paragraph (b) shall provide the registration
materials or temporary permit to the purchaser within the
temporary ten-day permit period.new text end The registration is not valid
unless signed by at least one owner.

deleted text begin (c) deleted text end new text begin (d) new text end Each deputy registrar of motor vehicles acting
pursuant to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting
and procedural requirements.

deleted text begin (d) deleted text end new text begin (e) new text end A fee of $2 in addition to that otherwise
prescribed by law shall be charged for:

(1) each snowmobile registered by the registrar or a deputy
registrar and the additional fee shall be disposed of in the
manner provided in section 168.33, subdivision 2; or

(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account in the
natural resources fund.

Sec. 33.

Minnesota Statutes 2004, section 84.82, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 2, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and:
new text end

new text begin (1) the snowmobile was registered incorrectly by the
commissioner or the deputy registrar; or
new text end

new text begin (2) the snowmobile was registered twice, once by the dealer
and once by the customer.
new text end

Sec. 34.

Minnesota Statutes 2004, section 84.8205,
subdivision 1, is amended to read:

Subdivision 1.

Sticker required; fee.

A person may not
operate a snowmobile deleted text begin that is not registered in this state deleted text end on a
state or grant-in-aid snowmobile trail unless a snowmobile state
trail sticker is affixed to the snowmobile. The commissioner of
natural resources shall issue a sticker upon application and
payment of a $15 fee. The sticker is valid from November 1
through April 30. Fees collected under this sectionnew text begin , except for
the issuing fee for licensing agents under this section and for
the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15,new text end shall be
deposited in the state treasury and credited to the snowmobile
trails and enforcement account in the natural resources fund new text begin and
must be used for grants-in-aid, trail maintenance, grooming, and
easement acquisitionnew text end .

Sec. 35.

Minnesota Statutes 2004, section 84.8205,
subdivision 3, is amended to read:

Subd. 3.

License agents.

deleted text begin County auditors are appointed
agents of the commissioner for the sale of snowmobile state
trail stickers.deleted text end The commissioner may appoint deleted text begin other state
agencies as deleted text end agents deleted text begin for the sale of the deleted text end new text begin to issue and sell state
trail new text end stickers. deleted text begin A county auditor may appoint subagents within
the county or within adjacent counties to sell stickers. Upon
appointment of a subagent, the auditor shall notify the
commissioner of the name and address of the subagent. The
auditor may revoke the appointment of a subagent, and deleted text end The
commissioner may revoke the appointment of deleted text begin a state agency deleted text end new text begin an
agent new text end at any time. deleted text begin The commissioner may require an auditor to
revoke a subagent's appointment. The auditor shall furnish
stickers on consignment to any subagent who furnishes a surety
bond in favor of the county in an amount at least equal to the
value of the stickers to be consigned to that subagent. A
surety bond is not required for a state agency appointed by the
commissioner. The county auditor shall be responsible for all
stickers issued to and user fees received by agents except in a
county where the county auditor does not retain fees paid for
license purposes. In these counties, the responsibilities
imposed by this section upon the county auditor are imposed upon
the county.deleted text end The commissioner may deleted text begin promulgate deleted text end new text begin adopt new text end additional
rules deleted text begin governing the accounting and procedures for handling state
trail stickers deleted text end as provided in section 97A.485, subdivision 11.

deleted text begin Any resident desiring to sell snowmobile state trail
stickers may either purchase for cash or obtain on consignment
stickers from a county auditor in groups of not less than ten
individual stickers. In selling stickers, the resident shall be
deemed a subagent of the county auditor and the commissioner,
and deleted text end new text begin An agent new text end shall observe all rules deleted text begin promulgated deleted text end new text begin adopted new text end by the
commissioner for accounting and handling of deleted text begin licenses and
deleted text end stickers pursuant to section 97A.485, subdivision 11.

deleted text begin The county auditor deleted text end new text begin An agent new text end shall promptly deposit new text begin and
remit new text end all money received from the sale of the stickers deleted text begin with the
county treasurer and shall promptly transmit any reports
required by the commissioner, plus 96 percent of the price paid
by each stickerholderdeleted text end , exclusive of the issuing fee, deleted text begin for each
sticker sold or consigned by the auditor and subsequently sold
to a stickerholder during the accounting period. The county
auditor shall retain as a commission four percent of all sticker
fees, excluding the issuing fee for stickers consigned to
subagents and the issuing fee on stickers sold by the auditor to
stickerholders deleted text end new text begin to the commissionernew text end .

deleted text begin Unsold stickers in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within
the time prescribed by the commissioner. Any stickers not
presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent
possessing the same or to whom they are charged shall be
accountable.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 36.

Minnesota Statutes 2004, section 84.8205,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin distribution deleted text end new text begin issuance new text end of stickers.

The
commissioner new text begin and agents new text end shall deleted text begin provide deleted text end new text begin issue and sell snowmobile
state trail new text end stickers deleted text begin to all agents authorized to issue stickers
by the commissionerdeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 37.

Minnesota Statutes 2004, section 84.8205,
subdivision 6, is amended to read:

Subd. 6.

Duplicate state trail stickers.

The
commissioner new text begin and agents new text end shall issue a duplicate sticker to
persons whose sticker is lost or destroyed using the process
established under section 97A.405, subdivision 3, and rules
promulgated thereunder. The fee for a duplicate state trail
sticker is $2, with an issuing fee of 50 cents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 38.

Minnesota Statutes 2004, section 84.83,
subdivision 3, is amended to read:

Subd. 3.

Purposes for the account.

The money deposited
in the account and interest earned on that money may be expended
only as appropriated by law for the following purposes:

(1) for a grant-in-aid program to counties and
municipalities for construction and maintenance of snowmobile
trails, including maintenance of trails on lands and waters of
Voyageurs National Parknew text begin , on Lake of the Woods, on Rainy Lake,
and on the following lakes in St. Louis County: Burntside,
Crane, Echo, Little Long, Mud, Pelican, Shagawa, and Vermilionnew text end ;

(2) for acquisition, development, and maintenance of state
recreational snowmobile trails;

(3) for snowmobile safety programs; and

(4) for the administration and enforcement of sections
84.81 to 84.91 and appropriated grants to local law enforcement
agencies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 39.

Minnesota Statutes 2004, section 84.86,
subdivision 1, is amended to read:

Subdivision 1.

Required rules.

With a view of achieving
maximum use of snowmobiles consistent with protection of the
environment the commissioner of natural resources shall adopt
rules in the manner provided by chapter 14, for the following
purposes:

(1) Registration of snowmobiles and display of registration
numbers.

(2) Use of snowmobiles insofar as game and fish resources
are affected.

(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray expenses of training
and certifying snowmobile operators, the commissioner shall
collect a fee from each person who receives the youth or adult
training. The commissioner shall collect a feenew text begin , to include a $1
issuing fee for licensing agents,new text end for issuing a duplicate
snowmobile safety certificate. The commissioner shall establish
both fees in a manner that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in
providing the services. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The fees may be established by the commissioner
notwithstanding section 16A.1283. The fees deleted text begin must deleted text end new text begin , except for the
issuing fee for licensing agents under this subdivision, shall
new text end be deposited in the snowmobile trails and enforcement account new text begin in
the natural resources fund new text end and the amount thereofnew text begin , except for
the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, and issuing
fees collected by the commissioner,new text end is appropriated annually to
the Enforcement Division of the Department of Natural Resources
for the administration of such programs. In addition to the fee
established by the commissioner, instructors may charge each
person up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this clause. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 40.

Minnesota Statutes 2004, section 84.91,
subdivision 1, is amended to read:

Subdivision 1.

Acts prohibited.

(a) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.

(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall knowingly authorize
or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.

(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
chapter 169A. In addition to the applicable sanctions under
chapter 169A, a person who is convicted of violating section
169A.20 or an ordinance in conformity with it while operating a
snowmobile or all-terrain vehicle, or who refuses to comply with
a lawful request to submit to testing under sections 169A.50 to
169A.53 or an ordinance in conformity with it, shall be
prohibited from operating the snowmobile or all-terrain vehicle
for a period of one year. The commissioner shall notify the
person of the time period during which the person is prohibited
from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169A.03. Otherwise, administrative and
judicial review of the prohibition is governed by section
169A.53.

(e) The court shall promptly forward to the commissioner
and the Department of Public Safety copies of all convictions
and criminal and civil sanctions imposed under this section and
deleted text begin chapter deleted text end new text begin chapters new text end 169 new text begin and 169A new text end relating to snowmobiles and
all-terrain vehicles.

(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a
misdemeanor.

Sec. 41.

Minnesota Statutes 2004, section 84.922,
subdivision 2, is amended to read:

Subd. 2.

Application, issuance, reports.

(a) Application
for registration or continued registration shall be made to the
commissioner deleted text begin of natural resources, the commissioner of public
safety deleted text end or an authorized deputy registrar of motor vehicles in a
form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle.

(b) A person who purchases an all-terrain vehicle from a
retail dealer shall make application for registration to the
dealer at the point of sale. The dealer shall issue a new text begin dealer
new text end temporary ten-day registration permit to each purchaser who
applies to the dealer for registration. The dealer shall submit
the completed registration application and fees to the deputy
registrar at least once each week. No fee may be charged by a
dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, deleted text begin a 60-day temporary receipt
and shall assign a deleted text end new text begin an assigned new text end registration number deleted text begin that deleted text end new text begin or a
commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number new text end must be affixed to the vehicle
in a manner prescribed by the commissioner. A dealer subject to
paragraph (b) shall provide the registration materials deleted text begin and deleted text end new text begin or
new text end temporary deleted text begin receipt deleted text end new text begin permit new text end to the purchaser within the ten-day
temporary permit period. The commissioner shall use the
snowmobile registration system to register vehicles under this
section.

(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.

(e) In addition to other fees prescribed by law, a filing
fee of $4.50 is charged for each all-terrain vehicle
registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged
for each all-terrain vehicle registration and registration
transfer issued by:

(1) a deputy registrar and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or

(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.

Sec. 42.

Minnesota Statutes 2004, section 84.922, is
amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 2, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and:
new text end

new text begin (1) the vehicle was registered incorrectly by the
commissioner or the deputy registrar; or
new text end

new text begin (2) the vehicle was registered twice, once by the dealer
and once by the customer.
new text end

Sec. 43.

Minnesota Statutes 2004, section 84.925,
subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.

(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15
from each person who receives the training. The commissioner
shall collect a feenew text begin , to include a $1 issuing fee for licensing
agents,new text end for issuing a duplicate all-terrain vehicle safety
certificate. The commissioner shall establish the fee for a
duplicate all-terrain vehicle safety certificate that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. Fee
proceedsnew text begin , except for the issuing fee for licensing agents under
this subdivision,new text end shall be deposited in the all-terrain vehicle
account in the natural resources fund. new text begin In addition to the fee
established by the commissioner, instructors may charge each
person the cost of class material and expenses.
new text end

(c) The commissioner shall cooperate with private
organizations and associations, private and public corporations,
and local governmental units in furtherance of the program
established under this section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. The commissioner
shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that
leads to the certification of vehicle operators. By June 30,
2003, the commissioner shall incorporate a riding component in
the safety education and training program.

new text begin EFFECTIVE DATE. new text end

new text begin This section, except for the the last
sentence in paragraph (b), is effective July 6, 2005.
new text end

Sec. 44.

Minnesota Statutes 2004, section 84.925, is
amended by adding a subdivision to read:

new text begin Subd. 5.new text end

new text begin Training requirements.new text end

new text begin (a) An individual who
was born after July 1, 1987, and who is 16 years of age or
older, must successfully complete the independent study course
component of all-terrain vehicle safety training.
new text end

new text begin (b) An individual who is convicted of violating a law
related to the operation of an all-terrain vehicle must
successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation
of an all-terrain vehicle.
new text end

new text begin (c) An individual who is convicted for a second or
subsequent excess speed, trespass, or wetland violation in an
all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully
complete the independent study and the testing and operating
course components of all-terrain vehicle safety training before
continuing operation of an all-terrain vehicle.
new text end

new text begin (d) An individual who receives three or more citations and
convictions for violating a law related to the operation of an
all-terrain vehicle in a two-year period must successfully
complete the independent study and the testing and operating
course components of all-terrain vehicle safety training before
continuing operation of an all-terrain vehicle.
new text end

new text begin (e) An individual must present evidence of compliance with
this subdivision before an all-terrain vehicle registration is
issued or renewed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 45.

Minnesota Statutes 2004, section 84.9256,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or
watersnew text begin , except as provided in paragraph (e)new text end .

(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.

(d) new text begin To be issued an new text end all-terrain vehicle safety deleted text begin certificates
issued by the commissioner to persons deleted text end new text begin certificate, a person at
least new text end 12 years old, but less than 16 years old, deleted text begin are not valid
for machines in excess of 90cc engine capacity unless deleted text end new text begin mustnew text end :

(1) deleted text begin the person deleted text end successfully deleted text begin completed deleted text end new text begin complete new text end the safety
education and training program under section 84.925, subdivision
1, including a riding component; new text begin and
new text end

(2) deleted text begin the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and
deleted text end

deleted text begin (3) the person is deleted text end new text begin be new text end able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.

new text begin (e) A person at least ten years of age but under 12 years
of age may operate an all-terrain vehicle with an engine
capacity up to 90cc on public lands or waters if accompanied by
a parent or legal guardian.
new text end

Sec. 46.

Minnesota Statutes 2004, section 84.9257, is
amended to read:

84.9257 PASSENGERS.

(a) A parent or guardian may operate an all-terrain vehicle
carrying one passenger who is under 16 years of age and who
wears a safety helmet approved by the commissioner of public
safety.

(b) For the purpose of this section, "guardian" means a
legal guardian of a person under age 16, or a person 18 or older
who has been authorized by the parent or legal guardian to
supervise the person under age 16.

new text begin (c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years
of age and wears a safety helmet approved by the commissioner of
public safety.
new text end

new text begin (d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of
age or older.
new text end

Sec. 47.

Minnesota Statutes 2004, section 84.926, is
amended to read:

84.926 VEHICLE USE deleted text begin ALLOWED deleted text end ON PUBLIC LANDS deleted text begin BY THE
COMMISSIONER deleted text end new text begin ; EXCEPTIONSnew text end .

new text begin Subdivision 1. new text end

new text begin Exception by permit.
new text end

Notwithstanding deleted text begin section deleted text end new text begin sections 84.773, subdivision 1, and
new text end 84.777, on a case by case basis, the commissioner may issue a
permit authorizing a person to operate an off-highway vehicle on
individual public trails under the commissioner's jurisdiction
during specified times and for specified purposes.

new text begin Subd. 2. new text end

new text begin All-terrain vehicles; managed or limited
forests; off trail. new text end

new text begin Notwithstanding section 84.777, but subject
to the commissioner's authority under subdivision 5, on state
forest lands classified as managed or limited, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use an
all-terrain vehicle off forest trails or forest roads when:
new text end

new text begin (1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in
possession of a valid big game hunting license;
new text end

new text begin (2) retrieving big game in September, when in possession of
a valid big game hunting license;
new text end

new text begin (3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping
license; or
new text end

new text begin (4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
new text end

new text begin Subd. 3. new text end

new text begin All-terrain vehicles; closed forests;
hunting. new text end

new text begin Notwithstanding section 84.777, the commissioner may
determine whether all-terrain vehicles are allowed on specific
forest roads, on state forest lands classified as closed, for
the purpose of hunting big game during an open big game season.
The determination shall be by written order as published in the
State Register and is exempt from chapter 14. Section 14.386
does not apply.
new text end

new text begin Subd. 4. new text end

new text begin Off-road and all-terrain vehicles; limited or
managed forests; trails. new text end

new text begin Notwithstanding section 84.777, but
subject to the commissioner's authority under subdivision 5, on
state forest lands classified as limited or managed, other than
the Richard J. Dorer Memorial Hardwood Forest, a person may use
vehicles registered under chapter 168 or section 84.798 or
84.922 on forest trails that are not designated for a specific
use when:
new text end

new text begin (1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in
possession of a valid big game hunting license;
new text end

new text begin (2) retrieving big game in September, when in possession of
a valid big game hunting license;
new text end

new text begin (3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping
license; or
new text end

new text begin (4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
new text end

new text begin Subd. 5. new text end

new text begin Limitations on off-trail and undesignated trail
use. new text end

new text begin The commissioner may designate areas on state forest lands
that are not subject to the exceptions provided in subdivisions
2 and 4. Such designations are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Before designating such areas, the commissioner shall hold a
public meeting in the county where the largest portion of the
forest lands are located to provide information to and receive
comment from the public regarding the proposed designation.
Sixty days before the public meeting, notice of the proposed
designation shall be published in the legal newspapers that
serve the counties in which the lands are located, in a
statewide Department of Natural Resources news release, and in
the State Register.
new text end

Sec. 48.

Minnesota Statutes 2004, section 84.928,
subdivision 1, is amended to read:

Subdivision 1.

Operation on roads and rights-of-way.

(a)
Unless otherwise allowed in sections 84.92 to 84.929, a person
shall not operate an all-terrain vehicle in this state along or
on the roadway, shoulder, or inside bank or slope of a public
road right-of-way of a trunk, county state-aid, or county
highway other than in the ditch or the outside bank or slope of
a trunk, county state-aid, or county highway unless prohibited
under paragraph (b). new text begin This paragraph does not apply to a person
who operates an all-terrain vehicle owned by or operated under
contract with a publicly or privately owned utility when used
for work on utilities.
new text end

(b) A road authority as defined under section 160.02,
subdivision 25, may after a public hearing restrict the use of
all-terrain vehicles in the ditch or outside bank or slope of a
public road right-of-way under its jurisdiction.

(c) The commissioner may limit the use of a right-of-way
for a period of time if the commissioner determines that use of
the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to
individuals on adjacent public property.

(d) The commissioner must notify the road authority as soon
as it is known that a closure will be ordered. The notice must
state the reasons and duration of the closure.

(e) A person may operate an all-terrain vehicle registered
for private use and used for agricultural purposes on a public
road right-of-way of a trunk, county state-aid, or county
highway in this state if the all-terrain vehicle is operated on
the extreme right-hand side of the road, and left turns may be
made from any part of the road if it is safe to do so under the
prevailing conditions.

(f) A person shall not operate an all-terrain vehicle
within the public road right-of-way of a trunk, county
state-aid, or county highway from April 1 to August 1 in the
agricultural zone unless the vehicle is being used exclusively
as transportation to and from work on agricultural lands. This
paragraph does not apply to an agent or employee of a road
authority, as defined in section 160.02, subdivision 25, or the
Department of Natural Resources when performing or exercising
official duties or powers.

(g) A person shall not operate an all-terrain vehicle
within the public road right-of-way of a trunk, county
state-aid, or county highway between the hours of one-half hour
after sunset to one-half hour before sunrise, except on the
right-hand side of the right-of-way and in the same direction as
the highway traffic on the nearest lane of the adjacent roadway.

(h) A person shall not operate an all-terrain vehicle at
any time within the right-of-way of an interstate highway or
freeway within this state.

Sec. 49.

Minnesota Statutes 2004, section 84.928,
subdivision 2, is amended to read:

Subd. 2.

Operation generally.

A person may not drive or
operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper
under the surrounding circumstances;

(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property
of another;

(3) without headlight and taillight lighted at all times if
the vehicle is equipped with headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages
or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more deleted text begin persons deleted text end new text begin than one person new text end on the vehicle deleted text begin than
it was designed fordeleted text end , except as allowed under section 84.9257;

(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an
all-terrain vehicle or within 100 feet of a fishing shelter; deleted text begin or
deleted text end

new text begin (9) with a snorkel device that has a raised air intake six
inches or more above the vehicle manufacturer's original air
intake, except within the Iron Range Off-Highway Vehicle
Recreation Area as described in section 85.013, subdivision 12a,
or other public off-highway vehicle recreation areas; or
new text end

deleted text begin (9) deleted text end new text begin (10) new text end in a manner that violates operation rules adopted
by the commissioner.

Sec. 50.

Minnesota Statutes 2004, section 84D.03,
subdivision 4, is amended to read:

Subd. 4.

Commercial fishing new text begin and turtle, frog, and
crayfish harvesting new text end restrictions in infested and noninfested
waters.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish
harvesting in new text begin an new text end infested deleted text begin waters,deleted text end new text begin water that is new text end designated
because deleted text begin the waters contain deleted text end new text begin it contains new text end invasive fish or
invertebrates, may not be used in deleted text begin noninfested deleted text end new text begin any other new text end waters.
If a commercial licensee operates in both deleted text begin noninfested waters and
deleted text end new text begin an new text end infested deleted text begin waters deleted text end new text begin water new text end designated because deleted text begin the waters contain
deleted text end new text begin it contains new text end invasive fish or invertebrates new text begin and other watersnew text end , all
nets, traps, buoys, anchors, stakes, and lines used for
commercial fishing or turtle, frog, or crayfish harvesting in
deleted text begin noninfested deleted text end waters new text begin not designated as infested with invasive fish
or invertebrates new text end must be tagged with tags provided by the
commissioner, as specified in the commercial licensee's license
or permit, and may not be used in infested waters designated
because the waters contain invasive fish or invertebrates.

(b) deleted text begin In infested waters designated solely because the waters
contain Eurasian water milfoil,deleted text end All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog,
or crayfish harvesting new text begin in an infested water that is designated
solely because it contains Eurasian water milfoil new text end must be dried
for a minimum of ten days or frozen for a minimum of two days
before they are used in deleted text begin noninfested deleted text end new text begin any other new text end watersnew text begin , except as
provided in this paragraphnew text end . Commercial deleted text begin operators deleted text end new text begin licensees new text end must
notify the department's regional or area fisheries office or a
conservation officer deleted text begin when deleted text end new text begin before new text end removing nets or equipment from
new text begin an new text end infested deleted text begin waters deleted text end new text begin water designated solely because it contains
Eurasian water milfoil new text end and before resetting those nets or
equipment in deleted text begin noninfested deleted text end new text begin any other new text end waters. deleted text begin All aquatic
macrophytes deleted text end new text begin Upon such notification, the commissioner may
authorize a commercial licensee to move nets or equipment to
another water without freezing or drying, if that water is
designated as infested solely because it contains Eurasian water
milfoil.
new text end

new text begin (c) A commercial licensee new text end must deleted text begin be removed deleted text end new text begin remove all
aquatic macrophytes new text end from nets and other equipment when the nets
and equipment are removed from deleted text begin infested deleted text end waters new text begin of the statenew text end .

new text begin (d) The commissioner shall provide a commercial licensee
with a current listing of designated infested waters at the time
that a license or permit is issued.
new text end

Sec. 51.

Minnesota Statutes 2004, section 85.015,
subdivision 5, is amended to read:

Subd. 5.

Glacial lakes trail, kandiyohi, pope, and
douglas counties.

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

(b) new text begin Trails may be established that extend the Glacial Lakes
Trail system from New London to Cold Spring.
new text end

new text begin (c) new text end The trail shall be developed primarily for riding and
hiking.

Sec. 52.

Minnesota Statutes 2004, section 85.053,
subdivision 1, is amended to read:

Subdivision 1.

Form, issuance, validity.

(a) The
commissioner shall prepare and provide state park permits for
each calendar year that state a motor vehicle may enter and use
state parks, state recreation areas, and state waysides over 50
acres in area. State park permits must be available and placed
on sale by January 1 of the calendar year that the permit is
valid. A separate motorcycle permit may be prepared and
provided by the commissioner.

(b) An annual state park permit deleted text begin must be affixed when
purchased and deleted text end may be used from the time it is deleted text begin affixed deleted text end new text begin purchased
new text end for a 12-month period. State park permits in each category must
be numbered consecutively for each year of issue.

(c) State park permits shall be issued by employees of the
Division of Parks and Recreation as designated by the
commissioner. State park permits also may be consigned to and
issued by agents designated by the commissioner who are not
employees of the Division of Parks and Recreation. All proceeds
from the sale of permits and all unsold permits consigned to
agents shall be returned to the commissioner at such times as
the commissioner may direct, but no later than the end of the
calendar year for which the permits are effective. No part of
the permit fee may be retained by an agent. An additional
charge or fee in an amount to be determined by the commissioner,
but not to exceed four percent of the price of the permit, may
be collected and retained by an agent for handling or selling
the permits.

Sec. 53.

Minnesota Statutes 2004, section 85.053,
subdivision 2, is amended to read:

Subd. 2.

Requirement.

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

Sec. 54.

Minnesota Statutes 2004, section 85.055, is
amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Discounts. new text end

new text begin Except as otherwise specified in
law, and notwithstanding section 16A.1285, subdivision 2, the
commissioner may by written order authorize waiver or reduction
of state park entrance fees.
new text end

Sec. 55.

Minnesota Statutes 2004, section 85.055,
subdivision 2, is amended to read:

Subd. 2.

Fee deposit and appropriation.

The fees
collected under this section shall be deposited in the natural
resources fund and credited to deleted text begin a deleted text end new text begin the new text end state parks account. new text begin Money
in the account, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, is available for appropriation to the
commissioner to operate and maintain the state park system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 56.

Minnesota Statutes 2004, section 85.42, is
amended to read:

85.42 USER FEE; VALIDITY.

(a) The fee for an annual cross-country ski pass is deleted text begin $9 deleted text end new text begin $14
new text end for an individual age 16 and over. The fee for a three-year
pass is deleted text begin $24 deleted text end new text begin $39 new text end for an individual age 16 and over. This fee
shall be collected at the time the pass is purchased.
Three-year passes are valid for three years beginning the
previous July 1. Annual passes are valid for one year beginning
the previous July 1.

(b) The cost for a daily cross-country skier pass is deleted text begin $2 deleted text end new text begin $4
new text end for an individual age 16 and over. This fee shall be collected
at the time the pass is purchased. The daily pass is valid only
for the date designated on the pass form.

(c) A pass must be signed by the skier across the front of
the pass to be valid and becomes nontransferable on signing.

Sec. 57.

Minnesota Statutes 2004, section 85.43, is
amended to read:

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

deleted text begin (a) deleted text end Fees from cross-country ski passes shall be deposited
in the state treasury and credited to a cross-country ski
account in the natural resources fund and, except deleted text begin as provided in
paragraph (b) deleted text end new text begin for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15new text end , are appropriated to the commissioner of natural
resources for:

(1) grants-in-aid for cross-country ski trails sponsored by
local units of government and special park districts as provided
in section 85.44; and

(2) maintenance, winter grooming, and associated
administrative costs for cross-country ski trails under the
jurisdiction of the commissioner.

deleted text begin (b) The commissioner shall retain for the operation of the
electronic licensing system a commission of 4.7 percent of all
cross-country ski pass fees collected.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 58.

Minnesota Statutes 2004, section 86B.415,
subdivision 1, is amended to read:

Subdivision 1.

Watercraft 19 feet or less.

The fee for a
watercraft license for watercraft 19 feet or less in length
is deleted text begin $18 deleted text end new text begin $27 new text end except:

(1) for watercraft, other than personal watercraft, 19 feet
in length or less that is offered for rent or lease, the fee is
deleted text begin $6 deleted text end new text begin $12new text end ;

(2) for a canoe, kayak, sailboat, sailboard, paddle boat,
or rowing shell 19 feet in length or less, the fee is deleted text begin $7 deleted text end new text begin $14new text end ;

(3) for a watercraft 19 feet in length or less used by a
nonprofit corporation for teaching boat and water safety, the
fee is as provided in subdivision 4;

(4) for a watercraft owned by a dealer under a dealer's
license, the fee is as provided in subdivision 5;

(5) for a personal watercraft, the fee is deleted text begin $25 deleted text end new text begin $37.50new text end ; and

(6) for a watercraft less than 17 feet in length, other
than a watercraft listed in clauses (1) to (5), the fee
is deleted text begin $12 deleted text end new text begin $24new text end .

Sec. 59.

Minnesota Statutes 2004, section 86B.415,
subdivision 2, is amended to read:

Subd. 2.

Watercraft over 19 feet.

Except as provided in
subdivisions 3, 4, and 5, the watercraft license fee:

(1) for a watercraft more than 19 feet but less than 26
feet in length is deleted text begin $30 deleted text end new text begin $45new text end ;

(2) for a watercraft 26 feet but less than 40 feet in
length is deleted text begin $45 deleted text end new text begin $67.50new text end ; and

(3) for a watercraft 40 feet in length or longer is deleted text begin $60 deleted text end new text begin $90new text end .

Sec. 60.

Minnesota Statutes 2004, section 86B.415,
subdivision 3, is amended to read:

Subd. 3.

Watercraft over 19 feet for hire.

The license
fee for a watercraft more than 19 feet in length for hire with
an operator is deleted text begin $50 deleted text end new text begin $100 new text end each.

Sec. 61.

Minnesota Statutes 2004, section 86B.415,
subdivision 4, is amended to read:

Subd. 4.

Watercraft used by nonprofit corporation for
teaching.

The watercraft license fee for a watercraft used by a
nonprofit organization for teaching boat and water safety is
deleted text begin $3 deleted text end new text begin $6 new text end each.

Sec. 62.

Minnesota Statutes 2004, section 86B.415,
subdivision 5, is amended to read:

Subd. 5.

Dealer's license.

There is no separate fee for
watercraft owned by a dealer under a dealer's license. The fee
for a dealer's license is deleted text begin $45 deleted text end new text begin $67.50new text end .

Sec. 63.

Minnesota Statutes 2004, section 86B.415,
subdivision 6, is amended to read:

Subd. 6.

Transfer or duplicate license.

The fee to
transfer a watercraft license or be issued a duplicate license
is deleted text begin $3 deleted text end new text begin $6new text end .

Sec. 64.

Minnesota Statutes 2004, section 86B.415, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a license or title, not including any issuing fees paid under
subdivision 8 or section 84.027, subdivision 15, paragraph (a),
clause (3), or 86B.870, subdivision 1, paragraph (b), if the
refund request is received within 12 months of the original
license or title and:
new text end

new text begin (1) the watercraft was licensed or titled incorrectly by
the commissioner or the deputy registrar;
new text end

new text begin (2) the customer was incorrectly charged a title fee; or
new text end

new text begin (3) the watercraft was licensed or titled twice, once by
the dealer and once by the customer.
new text end

Sec. 65.

new text begin [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
PURPOSE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The water recreation account is
created in the state treasury in the natural resources fund.
new text end

new text begin Subd. 2. new text end

new text begin Money deposited in account. new text end

new text begin The following shall
be deposited in the state treasury and credited to the water
recreation account:
new text end

new text begin (1) fees and surcharges from titling and licensing of
watercraft under this chapter;
new text end

new text begin (2) fines, installment payments, and forfeited bail
according to section 86B.705, subdivision 2;
new text end

new text begin (3) civil penalties according to section 84D.13;
new text end

new text begin (4) mooring fees and receipts from the sale of marine gas
at state-operated or state-assisted small craft harbors and
mooring facilities according to section 86A.21;
new text end

new text begin (5) the unrefunded gasoline tax attributable to watercraft
use under section 296A.18; and
new text end

new text begin (6) fees for permits issued to control or harvest aquatic
plants other than wild rice under section 103G.615, subdivision
2.
new text end

new text begin Subd. 3. new text end

new text begin Purposes. new text end

new text begin The money in the account may be
expended only as appropriated by law for the following purposes:
new text end

new text begin (1) as directed under section 296A.18, subdivision 2, for
acquisition, development, maintenance, and rehabilitation of
public water access and boating facilities on public waters;
lake and river improvements; and boat and water safety;
new text end

new text begin (2) from the fees collected at state-operated or
state-assisted small craft harbors and mooring facilities from
daily and seasonal moorings and the sale of marine gas, for
maintenance, operation, replacement, and expansion of these
facilities and for the debt service on state bonds sold to
finance these facilities;
new text end

new text begin (3) for administration and enforcement of this chapter as
it pertains to titling and licensing of watercraft and use and
safe operation of watercraft; grants for county-sponsored and
administered boat and water safety programs; and state boat and
water safety efforts;
new text end

new text begin (4) for management of aquatic invasive species and the
implementation of chapter 84D as it pertains to aquatic invasive
species, including control, public awareness, law enforcement,
assessment and monitoring, management planning, and research;
and
new text end

new text begin (5) for management of aquatic plants and the implementation
of section 103G.615 as it pertains to aquatic plants, including
plant removal permitting, control, public awareness, law
enforcement, assessment and monitoring, management planning, and
research.
new text end

Sec. 66.

Minnesota Statutes 2004, section 88.17,
subdivision 1, is amended to read:

Subdivision 1.

Permit required.

new text begin (a) new text end A permit to start a
fire to burn vegetative materials and other materials allowed by
Minnesota Statutes or official state rules and regulations may
be given by the commissioner or the commissioner's agent. This
permission shall be in the form ofnew text begin :
new text end

new text begin (1) new text end a written permit deleted text begin signed deleted text end new text begin issued new text end by a forest officer,
fire warden, deleted text begin authorized Minnesota pollution control agent,deleted text end or
other person authorized by the deleted text begin forest officer, or town fire
warden, and deleted text end new text begin commissioner; or
new text end

new text begin (2) an electronic permit issued by the commissioner, an
agent authorized by the commissioner, or an Internet site
authorized by the commissioner.
new text end

new text begin (b) Burning permits new text end shall set the time and conditions by
which the fire may be started and burned. The permit shall also
specifically list the materials that may be burned. The
permittee must have the permit on their person and shall produce
the permit for inspection when requested to do so by a forest
officer, deleted text begin town fire warden,deleted text end conservation officer, or other peace
officer. The permittee shall remain with the fire at all times
and before leaving the site shall completely extinguish the
fire. A person shall not start or cause a fire to be started on
any land that is not owned or under their legal control without
the written permission of the owner, lessee, or an agent of the
owner or lessee of the land. Violating or exceeding the permit
conditions shall constitute a misdemeanor and shall be cause for
the permit to be revoked.

Sec. 67.

Minnesota Statutes 2004, section 88.17, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Account created. new text end

new text begin There is created in the state
treasury a burning permit account within the natural resources
fund where all fees collected under this section shall be
deposited.
new text end

Sec. 68.

Minnesota Statutes 2004, section 88.17, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Permit fees. new text end

new text begin (a) The annual fees for an
electronic burning permit are:
new text end

new text begin (1) $5 for a noncommercial burning permit; and
new text end

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

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

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

Sec. 69.

Minnesota Statutes 2004, section 88.6435,
subdivision 4, is amended to read:

Subd. 4.

new text begin forest bough account;new text end disposition of deleted text begin permit deleted text end fees
deleted text begin and penaltiesdeleted text end .

new text begin (a) The forest bough account is established in
the state treasury within the natural resources fund.
new text end

new text begin (b) new text end Fees for permits issued under this section shall be
deposited in the state treasury and credited to the deleted text begin special
revenue fund deleted text end new text begin forest bough account new text end andnew text begin , except for the electronic
licensing system commission established by the commissioner
under section 84.027, subdivision 15,new text end are annually appropriated
to the commissioner of natural resources for costs associated
with balsam bough educational programs for harvesters and buyers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 70.

Minnesota Statutes 2004, section 89.039,
subdivision 1, is amended to read:

Subdivision 1.

Account established; sources.

The forest
management investment account is created in the natural
resources fund in the state treasury and money in the account
may be spent only for the purposes provided in subdivision 2.
The following revenue shall be deposited in the forest
management investment account:

(1) timber sales receipts transferred from the consolidated
conservation areas account as provided in section 84A.51,
subdivision 2;

(2) timber sales receipts from forest lands as provided in
section 89.035; deleted text begin and
deleted text end

(3) new text begin money transferred from the forest suspense account
according to section 16A.125, subdivision 5; and
new text end

new text begin (4) new text end interest accruing from investment of the account.

Sec. 71.

Minnesota Statutes 2004, section 89.19,
subdivision 2, is amended to read:

Subd. 2.

Rulemaking exemption.

Designations of forest
trails new text begin and changes to the designations new text end by the commissioner shall
be by written order published in the State Register.
Designations new text begin and changes to designations new text end are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. Before designating new text begin or changing a designation of new text end forest
trails, the commissioner shall hold a public meeting in the
county where the largest portion of the forest lands are located
to provide information to and receive comment from the public
regarding the proposed trail designation new text begin or change in
designationnew text end . Sixty days before the public meeting, notice of
the proposed forest trail new text begin designation or change in designation
new text end shall be published in the legal newspapers that serve the
counties in which the lands are located, in a statewide
Department of Natural Resources news release, and in the State
Register.

Sec. 72.

Minnesota Statutes 2004, section 89.36,
subdivision 2, is amended to read:

Subd. 2.

Purchase of stock.

The commissioner of natural
resources may purchase tree planting stock for the purposes
herein authorized under the provisions of sections 89.35 to
89.39, or any other applicable law now or hereafter in
force. new text begin The commissioner must give preference for Minnesota
grown planting stock.
new text end

Sec. 73.

Minnesota Statutes 2004, section 89.37,
subdivision 4, is amended to read:

Subd. 4.

Proceeds of sale.

All money received in payment
for tree planting stock supplied under this section shall be
deposited in the state treasury and credited to a forest nursery
account and are available to the commissioner of natural
resources for the purposes of sections 89.35 to 89.37new text begin , including
forestry education and technical assistancenew text end .

Sec. 74.

Minnesota Statutes 2004, section 92.03,
subdivision 4, is amended to read:

Subd. 4.

Internal improvement lands.

new text begin When new text end lands donated
to the state under the eighth section of an act of Congress
entitled "An act to appropriate the proceeds of the sales of the
public lands, and to grant preemption rights," approved
September 4, 1841, deleted text begin must be deleted text end new text begin are new text end sold deleted text begin and deleted text end new text begin ,new text end the money derived from
its sale new text begin must be new text end invested, as provided by the Minnesota
Constitution, article XI, section 8.

Sec. 75.

new text begin [92.685] LAND MANAGEMENT ACCOUNT.
new text end

new text begin The land management account is created in the natural
resources fund. Money credited to the account is appropriated
annually to the commissioner of natural resources for the Lands
and Minerals Division to administer the road easement program
under section 84.631.
new text end

Sec. 76.

Minnesota Statutes 2004, section 93.22,
subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end All payments under
sections 93.14 to 93.285 shall be made to the Department of
Natural Resources and shall be credited according to this
section.

deleted text begin (a) deleted text end new text begin (b) Twenty percent of all payments under sections 93.14
to 93.285 shall be credited to the minerals management account
in the natural resources fund as costs for the administration
and management of state mineral resources by the commissioner of
natural resources.
new text end

new text begin (c) The remainder of the payments shall be credited as
follows:
new text end

new text begin (1) new text end if the lands or minerals and mineral rights covered by
a lease are held by the state by virtue of an act of Congress,
payments made under the lease shall be credited to the permanent
fund of the class of land to which the leased premises belongdeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (b) deleted text end new text begin (2) new text end if a lease covers the bed of navigable waters,
payments made under the lease shall be credited to the permanent
school fund of the statedeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (c) deleted text end new text begin (3) new text end if the lands or minerals and mineral rights covered
by a lease are held by the state in trust for the taxing
districts, payments made under the lease shall be distributed
annually on the first day of September deleted text begin as follows:
deleted text end

deleted text begin (1) 20 percent to the general fund; and
deleted text end

deleted text begin (2) 80 percent deleted text end to the respective counties in which the
lands lie, to be apportioned among the taxing districts
interested therein as follows: county, three-ninths; town or
city, two-ninths; and school district, four-ninthsdeleted text begin .deleted text end new text begin ;
new text end

new text begin (4) if the lands or mineral rights covered by a lease
became the absolute property of the state under the provisions
of chapter 84A, payments made under the lease shall be
distributed as follows: county containing the land from which
the income was derived, five-eighths; and general fund of the
state, three-eighths; and
new text end

deleted text begin (d) deleted text end new text begin (5) new text end Except as provided under this section and except
where the disposition of payments may be otherwise directed by
law, deleted text begin all deleted text end payments new text begin made under a lease new text end shall be paid into the
general fund of the state.

Sec. 77.

new text begin [93.2236] MINERALS MANAGEMENT ACCOUNT.
new text end

new text begin (a) The minerals management account is created as an
account in the natural resources fund. Interest earned on money
in the account accrues to the account. Money in the account may
be spent or distributed only as provided in paragraphs (b) and
(c).
new text end

new text begin (b) If the balance in the minerals management account
exceeds $3,000,000 on June 30, the amount exceeding $3,000,000
must be distributed to the permanent school fund and the
permanent university fund. The amount distributed to each fund
must be in the same proportion as the total mineral lease
revenue received in the previous biennium from school trust
lands and university lands.
new text end

new text begin (c) Subject to appropriation by the legislature, money in
the minerals management account may be spent by the commissioner
of natural resources for mineral resource management and
projects to enhance future mineral income and promote new
mineral resource opportunities.
new text end

Sec. 78.

Minnesota Statutes 2004, section 94.342,
subdivision 1, is amended to read:

Subdivision 1.

Class a.

All land owned by the state and
controlled or administered by the commissioner or by any
division deleted text begin or agency deleted text end of the Department of Natural Resources shall
be known as Class A land for the purposes of sections 94.341 to
94.347. Class A land shall include school, swamp, internal
improvement, and other land granted to the state by acts of
Congress, state forest land, tax-forfeited land held by the
state free from any trust in favor of taxing districts, and
other land acquired by the state in any manner and controlled or
administered as aforesaid; but this enumeration shall not be
deemed exclusive.

Sec. 79.

Minnesota Statutes 2004, section 94.342,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin class c deleted text end new text begin additional restrictions on riparian
landnew text end .

Land bordering on or adjacent to any meandered or other
public waters and withdrawn from sale by law is deleted text begin Class C deleted text end new text begin riparian
new text end land. deleted text begin Class C deleted text end new text begin Riparian new text end land may not be given in exchange unless
expressly authorized by the legislature or unless through the
same exchange the state acquires land on the same or other
public waters in the same general vicinity affording at least
equal opportunity for access to the waters and other riparian
use by the public; provided, that any exchange with the United
States or any agency thereof may be made free from this
limitation upon condition that the state land given in exchange
bordering on public waters shall be subject to reservations by
the state for public travel along the shores as provided by
section 92.45, unless waived as provided in this subdivision,
and that there shall be reserved by the state such additional
rights of public use upon suitable portions of such state land
as the commissioner of natural resources, with the approval of
the Land Exchange Board, may deem necessary or desirable for
camping, hunting, fishing, access to the water, and other public
uses. In regard to Class B or deleted text begin Class C deleted text end new text begin riparian new text end land that is
contained within that portion of the Superior National Forest
that is designated as the Boundary Waters Canoe Area Wilderness,
the condition that state land given in exchange bordering on
public waters must be subject to the public travel reservations
provided in section 92.45, may be waived by the Land Exchange
Board upon the recommendation of the commissioner of natural
resources and, if the land is Class B land, the additional
recommendation of the county board in which the land is located.

Sec. 80.

Minnesota Statutes 2004, section 94.342,
subdivision 4, is amended to read:

Subd. 4.

new text begin additional restrictions on new text end state park land.

Land specifically designated by law as a state park may not be
given in exchange unless the land is school trust land that is
exchanged for Class A deleted text begin or Class C deleted text end land located outside a state
park.

Sec. 81.

Minnesota Statutes 2004, section 94.342,
subdivision 5, is amended to read:

Subd. 5.

new text begin additional restrictions on new text end school trust land.

School trust land may be exchanged with other deleted text begin state deleted text end new text begin Class A new text end land
only if the Permanent School Fund Advisory Committee is
appointed as temporary trustee of the school trust land for
purposes of the exchange. The committee shall provide
independent legal counsel to review the exchanges.

Sec. 82.

Minnesota Statutes 2004, section 94.343,
subdivision 1, is amended to read:

Subdivision 1.

General exchange provisions.

deleted text begin Except as
otherwise herein provided,deleted text end new text begin (a) new text end Any Class A land may, with the
unanimous approval of the board, be exchanged for any publicly
held or privately owned land in the manner and subject to the
conditions herein prescribed. new text begin Class A land may be exchanged
only if it meets the requirements of subdivision 3 or 5.
new text end

new text begin (b) new text end The commissioner, with the approval of the board, shall
formulate general programs of exchange of Class A land designed
to serve the best interests of the state in the acquisition,
development, and use of lands for purposes within the province
of the Department of Natural Resources.

Sec. 83.

Minnesota Statutes 2004, section 94.343, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Valuation of land. new text end

new text begin The commissioner shall
cause the state land and the land proposed to be exchanged
therefor to be examined and value determined as provided in
section 84.0272; provided, that in exchanges with the United
States or any agency thereof the examination and value
determination may be made in such manner as the Land Exchange
Board may direct. The determined values shall not be
conclusive, but shall be taken into consideration by the
commissioner and the board, together with such other matters as
they deem material, in determining the values for the purposes
of exchange.
new text end

Sec. 84.

Minnesota Statutes 2004, section 94.343,
subdivision 3, is amended to read:

Subd. 3.

new text begin exchanging land of new text end substantially equal value
deleted text begin required deleted text end new text begin or lower valuenew text end .

(a) Except as otherwise deleted text begin herein
deleted text end provided, Class A land shall be exchanged only for land of at
least substantially equal value to the state, as determined by
the commissioner, with the approval of the board. deleted text begin For the
purposes of such determination, the commissioner shall cause the
state land and the land proposed to be exchanged therefor to be
examined and appraised by qualified state appraisers as provided
in section 84.0272; provided, that in exchanges with the United
States or any agency thereof the examination and appraisal may
be made in such manner as the Land Exchange Board may direct.
The appraisers shall determine the fair market value of the
lands involved, disregarding any minimum value fixed for state
land by the state Constitution or by law, and shall make a
report thereof, together with such other pertinent information
respecting the use and value of the lands to the state as they
deem pertinent or as the commissioner or the board may require.
Such reports shall be filed and preserved in the same manner as
other reports of appraisal of state lands. The appraised values
shall not be conclusive, but shall be taken into consideration
by the commissioner and the board, together with such other
matters as they deem material, in determining the values for the
purposes of exchange.
deleted text end

(b) For the purposes of this subdivision, "substantially
equal value" means:

(1) where the lands being exchanged are both over 100
acres, their values do not differ by more than ten percent; and

(2) in other cases, the values of the exchanged lands do
not differ by more than 20 percent.

new text begin (c) Other than school trust land, Class A land may be
exchanged for land of lesser value if the other party to the
exchange pays to the state the amount of the difference in value.
Money received by the commissioner in such cases shall be
credited to the same fund as in the case of sale of the land, if
such a fund exists, otherwise to the special fund, if any, from
which the cost of the land was paid, otherwise to the general
fund.
new text end

Sec. 85.

Minnesota Statutes 2004, section 94.343,
subdivision 7, is amended to read:

Subd. 7.

Public hearing.

Before giving final approval to
any exchange of Class A land, the deleted text begin board deleted text end new text begin commissioner new text end shall hold
a public hearing thereon at the capital city or at some place
which it may designate in the general area where the lands
involved are situateddeleted text begin ; provided, that the board may direct such
hearing to be held in its behalf by any of its members or by the
commissioner or by a referee appointed by the boarddeleted text end . The
commissioner shall furnish to the auditor of each county
affected a notice of the hearing signed by the deleted text begin state auditor as
secretary of the board deleted text end new text begin commissionernew text end , together with a list of all
the lands proposed to be exchanged and situated in the county,
and the county auditor shall post the same in the auditor's
office at least two weeks before the hearing. The deleted text begin county
auditor deleted text end new text begin commissioner new text end shall deleted text begin also deleted text end cause a copy of the notice,
referring to the list of lands posted, to be published at least
two weeks before the hearing in a legal newspaper published in
the county. The cost of publication of the notice shall be paid
by the deleted text begin state out of any moneys appropriated for the expenses of
the board deleted text end new text begin commissionernew text end .

Sec. 86.

Minnesota Statutes 2004, section 94.343,
subdivision 8, is amended to read:

Subd. 8.

Proposals for exchange.

The commissioner, with
the approval of the board, may submit a proposal for exchange of
Class A land to any land owner concerned. Any land owner may
submit to the commissioner and the board a proposal for exchange
in such form as the commissionerdeleted text begin , with the approval of the
board,deleted text end may prescribe.

Sec. 87.

Minnesota Statutes 2004, section 94.343, is
amended by adding a subdivision to read:

new text begin Subd. 8a. new text end

new text begin Fees. new text end

new text begin (a) When a private landowner or
governmental unit, except the state, presents to the
commissioner an offer to exchange privately or publicly held
land for Class A land, the private landowner or governmental
unit shall pay to the commissioner a determination of value fee
and survey fee of not less than one-half of the cost of the
determination of value and survey fees as determined by the
commissioner.
new text end

new text begin (b) Except as provided in paragraph (c), any payment made
under paragraph (a) shall be credited to the account from which
the expenses are paid and is appropriated for expenditure in the
same manner as other money in the account.
new text end

new text begin (c) The fees shall be refunded if the land exchange offer
is withdrawn by a private landowner or governmental unit before
the money is obligated to be spent.
new text end

Sec. 88.

Minnesota Statutes 2004, section 94.343,
subdivision 10, is amended to read:

Subd. 10.

Conveyance.

Conveyance of Class A land given
in exchange shall be made by deed executed by the commissioner
in the name of the statedeleted text begin , with a certificate of unanimous
approval by the board appendeddeleted text end . All such deeds received by the
state shall be recorded or registered in the county in which the
lands liedeleted text begin , and all recorded deeds and certificates of registered
title shall be filed in the office having custody of the state
public land records in the Department of Natural Resourcesdeleted text end .

Sec. 89.

Minnesota Statutes 2004, section 94.344,
subdivision 1, is amended to read:

Subdivision 1.

General exchange provisions.

deleted text begin Except as
otherwise provided,deleted text end Class B land, by resolution of the county
board of the county where the land is located and with the
unanimous approval of the Land Exchange Board, may be exchanged
for any publicly held or privately owned land in the same
county. new text begin Class B land may be exchanged only if it meets the
requirements of subdivision 3 or 5.
new text end

Sec. 90.

Minnesota Statutes 2004, section 94.344, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Valuation of lands. new text end

new text begin For an exchange involving
Class B land for Class A land, the value of the lands shall be
determined by the commissioner, with approval of the Land
Exchange Board. For purposes of the determination, the
commissioner shall determine the value of the state and
tax-forfeited land proposed to be exchanged in the same manner
as Class A land. For all other purposes, the county board shall
appraise the state land and the land in the proposed exchange in
the same manner as tax-forfeited land to be offered for sale.
The determined values shall not be conclusive, but shall be
taken into consideration, together with such other matters as
may be deemed material, in determining the values for the
purposes of exchange.
new text end

Sec. 91.

Minnesota Statutes 2004, section 94.344,
subdivision 3, is amended to read:

Subd. 3.

new text begin exchanging land of new text end substantially equal value
deleted text begin required deleted text end new text begin or lower valuenew text end .

(a) Except as otherwise provided,
Class B land may be exchanged only for land of substantially
equal value deleted text begin or greater value deleted text end to the state, as determined by the
county board, with the approval of the commissioner and the Land
Exchange Board. deleted text begin For an exchange involving Class B land for
Class A or Class C land, the value of the lands shall be
determined by the commissioner, with approval of the Land
Exchange Board. For purposes of the determination, the
commissioner shall appraise the state and tax-forfeited land
proposed to be exchanged in the same manner as Class A land.
For all other purposes, the county board shall appraise the
state land and the land in the proposed exchange in the same
manner as tax-forfeited land to be offered for sale. The
appraised values shall not be conclusive, but shall be taken
into consideration, together with such other matters as may be
deemed material, in determining the values for the purposes of
exchange.
deleted text end

(b) For the purposes of this subdivision, "substantially
equal value" means:

(1) where the lands being exchanged are both over 100
acres, their values do not differ by more than ten percent; and

(2) in other cases, the values of the exchanged lands do
not differ by more than 20 percent.

new text begin (c) Class B land may be exchanged for land of lesser value
if the other party to the exchange pays to the state the amount
of the difference in value. Money received by the county
treasurer shall be disposed of in like manner as the proceeds of
a sale of tax-forfeited land.
new text end

Sec. 92.

Minnesota Statutes 2004, section 94.344,
subdivision 5, is amended to read:

Subd. 5.

deleted text begin obtaining deleted text end new text begin exchanging new text end land of greater value.

new text begin (a)
new text end Class B land may be exchanged for land of greater value deleted text begin only in
case deleted text end new text begin if new text end the other party to the exchange deleted text begin shall waive deleted text end new text begin waives
new text end payment for the difference.

new text begin (b) Except for Class A school trust land, Class B land may
be exchanged for Class A land of greater value if the county
pays to the state the difference in value.
new text end

new text begin (c) Class B land may be exchanged for United States-owned
land of greater value if the county agrees to pay the difference
in value.
new text end

Sec. 93.

Minnesota Statutes 2004, section 94.344,
subdivision 8, is amended to read:

Subd. 8.

Proposals for exchange.

By direction of the
county boardnew text begin ,new text end the county auditor may submit a proposal for
exchange of Class B land to any land owner concerned. Any land
owner may file with the county auditor a proposal for exchange
for consideration by the county board. deleted text begin Forms for such proposals
shall be prescribed by the commissioner.
deleted text end

Sec. 94.

Minnesota Statutes 2004, section 94.344,
subdivision 10, is amended to read:

Subd. 10.

Approval; conveyance.

After approval by the
county board, every proposal for the exchange of Class B land
shall be transmitted to the commissioner in such form and with
such information as the commissioner may prescribe for
consideration by the commissioner and by the board. The county
attorney's opinion on the title, with the abstract and other
evidence of title, if any, shall accompany the proposal. If the
proposal deleted text begin be deleted text end new text begin is new text end approved by the commissioner and the board and
the title deleted text begin be deleted text end new text begin is new text end approved by the attorney general, the same shall
be certified to the commissioner of revenue, who shall execute a
deed in the name of the state conveying the land given in
exchangedeleted text begin , with a certificate of unanimous approval by the board
appended,deleted text end and transmit the deed to the county auditor to be
delivered upon receipt of a deed conveying to the state the land
received in exchange, approved by the county attorney; provided,
that if any amount is due the state under the terms of the
exchange, the deed from the state shall not be executed or
delivered until such amount is paid in full and a certificate
thereof by the county auditor is filed with the commissioner of
revenue. The county auditor shall cause all deeds received by
the state in such exchanges to be recorded or registereddeleted text begin , and
thereafter shall file the deeds or the certificates of
registered title in the auditor's officedeleted text end . If the land received
by the county in the exchange is deleted text begin either deleted text end Class A deleted text begin or Class C deleted text end land,
the commissioner of revenue shall deliver the deed for the Class
B land to the commissioner of natural resources and following
the recording of this deed, the commissioner of natural
resources shall deliver to the county auditor a deed conveying
the Class A deleted text begin or Class C deleted text end land to the county auditor to be recorded
or registereddeleted text begin , and afterwards file the deeds or the certificate
of registered title in the auditor's officedeleted text end .

Sec. 95.

Minnesota Statutes 2004, section 97A.055,
subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The
commissioner shall appoint subcommittees of affected persons to
review the reports prepared under subdivision 4; review the
proposed work plans and budgets for the coming year; propose
changes in policies, activities, and revenue enhancements or
reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and
fish fund.

(b) The commissioner shall appoint the following
subcommittees, each comprised of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp
funding;

(2) a Wildlife Operations Subcommittee to review wildlife
funding, excluding activities related to migratory waterfowl,
pheasant, and turkey stamp funding and excluding review of the
amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required
in subdivision 4, paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to
review ecological services funding;

(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and Department of Natural
Resources administration;

(6) a subcommittee to review the trout and salmon stamp
report and address funding issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory
waterfowl;

(8) a subcommittee to review the report on the pheasant
stamp and address funding issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp
and address funding issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a
Budgetary Oversight Committee to coordinate the integration of
the subcommittee reports into an annual report to the
legislature; recommend changes on a broad level in policies,
activities, and revenue enhancements or reductions; provide a
forum to address issues that transcend the subcommittees; and
submit a report for any subcommittee that fails to submit its
report in a timely manner.

(d) The Budgetary Oversight Committee shall develop
recommendations for a biennial budget plan and report for
expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner new text begin and to the senate and house
committees with jurisdiction over natural resources financenew text end .

(e) Each subcommittee shall choose its own chair, except
that the chair of the Budgetary Oversight Committee shall be
appointed by the commissioner and may not be the chair of any of
the subcommittees.

(f) The Budgetary Oversight Committee must make
recommendations to the commissioner new text begin and to the senate and house
committees with jurisdiction over natural resources finance new text end for
outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other
law to the contrary, the Budgetary Oversight Committee and
subcommittees do not expire until June 30, deleted text begin 2005 deleted text end new text begin 2010new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 96.

Minnesota Statutes 2004, section 97A.061, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Annual appropriation for fiscal year 2007 and
each year thereafter. new text end

new text begin Notwithstanding subdivision 1, paragraph
(c), for the payment made in fiscal year 2007 and each year
thereafter, the appraised value of the land acquired prior to
July 1, 2004, shall be the value used for the payment made in
fiscal year 2006.
new text end

Sec. 97.

Minnesota Statutes 2004, section 97A.071,
subdivision 2, is amended to read:

Subd. 2.

Revenue from small game license surcharge and
lifetime licenses.

Revenue from the small game surcharge and
$6.50 annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under
sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision
3, shall be credited to the wildlife acquisition account and the
money in the account deleted text begin shall be used by deleted text end new text begin is annually appropriated
to new text end the commissioner only for the purposes of this section, and
acquisition and development of wildlife lands under section
97A.145 and maintenance of the landsdeleted text begin , in accordance with
appropriations made by the legislaturedeleted text end .

Sec. 98.

Minnesota Statutes 2004, section 97A.075,
subdivision 3, is amended to read:

Subd. 3.

Trout and salmon stamp.

(a) Ninety percent of
the revenue from trout and salmon stamps must be credited to the
trout and salmon management account. Money in the account may
be used only for:

(1) the development, restoration, maintenance, new text begin improvement,
protection,new text end and preservation of new text begin habitat for trout and salmon in
new text end trout streams and lakesnew text begin , including, but not limited to,
evaluating habitat; stabilizing eroding stream banks; adding
fish cover; modifying stream channels; managing vegetation to
protect, shade, or reduce runoff on stream banks; and purchasing
equipment to accomplish these tasksnew text end ;

(2) rearing deleted text begin of deleted text end trout and salmon deleted text begin and deleted text end new text begin , including utility and
service costs associated with coldwater hatchery buildings and
systems;new text end stocking deleted text begin of deleted text end trout and salmon in streams and lakes and
Lake Superiornew text begin ; and monitoring and evaluating stocked trout and
salmonnew text end ;

(3) acquisition of easements and fee title along trout
waters;

(4) identifying easement and fee title areas along trout
waters; and

(5) research and special management projects on new text begin trout
streams, trout lakes, and new text end Lake Superior and deleted text begin the anadromous
deleted text end portions of its tributaries.

(b) Money in the account may not be used for costs unless
they are directly related to a specific parcel of land or body
of water under paragraph (a) deleted text begin or deleted text end new text begin ,new text end to specific fish rearing
activities under paragraph (a), clause (2)new text begin , or for costs
associated with supplies and equipment to implement trout and
salmon management activities under paragraph (a)new text end .

Sec. 99.

Minnesota Statutes 2004, section 97A.135,
subdivision 2a, is amended to read:

Subd. 2a.

Disposal of land in wildlife management areas.

(a) The commissioner may sell or exchange land in a wildlife
management area authorized by designation under section 86A.07,
subdivision 3, 97A.133, or 97A.145 if the commissioner vacates
the designation before the sale or exchange in accordance with
this subdivision. The designation may be vacated only if the
commissioner finds, after a public hearing, that the disposal of
the land is in the public interest.

(b) A sale under this subdivision is subject to sections
94.09 to 94.16. An exchange under this subdivision is subject
to sections 94.341 to deleted text begin 94.348 deleted text end new text begin 94.347new text end .

(c) Revenue received from a sale authorized under paragraph
(a) is appropriated to the commissioner for acquisition of
replacement wildlife management lands.

(d) Land acquired by the commissioner under this
subdivision must meet the criteria in section 86A.05,
subdivision 8, and as soon as possible after the acquisition
must be designated as a wildlife management area under section
86A.07, subdivision 3, 97A.133, or 97A.145.

(e) In acquiring land under this subdivision, the
commissioner must give priority to land within the same
geographic region of the state as the land conveyed.

Sec. 100.

Minnesota Statutes 2004, section 97A.4742,
subdivision 4, is amended to read:

Subd. 4.

Annual report.

By December 15 each year, the
commissioner shall submit a report to the legislative committees
having jurisdiction over environment and natural resources
appropriations and environment and natural resources policy.
The report shall state the amount of revenue received in and
expenditures made from revenue transferred from the lifetime
fish and wildlife trust fund to the game and fish fund deleted text begin and shall
describe projects funded, locations of the projects, and results
and benefits from the projectsdeleted text end . The report may be included in
the game and fish fund report required by section 97A.055,
subdivision 4. The commissioner shall make the annual report
available to the public.

Sec. 101.

Minnesota Statutes 2004, section 97A.485,
subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a)
Persons authorized to sell licenses under this section must
issue the following licenses for the license fee and the
following issuing fees:

(1) to take deer or bear with firearms and by archery, the
issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1; and

(3) to take small game, to take fish by angling or by
spearing, and to trap fur-bearing animals, the issuing fee is
$1;

(4) for a deleted text begin trout and salmon deleted text end stamp that is not issued
simultaneously with deleted text begin an angling or sporting deleted text end new text begin a new text end license, an issuing
fee of 50 cents may be charged at the discretion of the
authorized seller;

(5) for stamps deleted text begin other than a trout and salmon stamp, and for
a special season Canada goose license deleted text end new text begin issued simultaneously with
a licensenew text end , there is no fee; deleted text begin and
deleted text end

(6) for licensesnew text begin , seals, tags, or coupons new text end issued without a
fee under section 97A.441new text begin or 97A.465new text end , deleted text begin there is no deleted text end new text begin an issuing new text end fee
new text begin of 50 cents may be charged at the discretion of the authorized
seller;
new text end

new text begin (7) for lifetime licenses, there is no fee; and
new text end

new text begin (8) for all other licenses, permits, renewals, or
applications or any other transaction through the electronic
licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be
charged at the discretion of the authorized sellernew text end .

(b) An issuing fee may not be collected for issuance of a
trout and salmon stamp if a stamp validation is issued
simultaneously with the related angling or sporting license.
Only one issuing fee may be collected when selling more than one
trout and salmon stamp in the same transaction after the end of
the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission
for selling the licenses.

(d) The commissioner shall collect the issuing fee on
licenses sold by the commissioner.

(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses.

(f) For duplicate licenses, new text begin including licenses issued
without a fee,new text end the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in
books of ten licenses each to fishing guides operating charter
boats upon receipt of payment of all license fees, excluding the
issuing fee required under this section. Copies of sold and
unsold licenses shall be returned to the commissioner. The
commissioner shall refund the charter boat captain for the
license fees of all unsold licenses. Copies of sold licenses
shall be maintained by the commissioner for one year.

Sec. 102.

Minnesota Statutes 2004, section 97A.485,
subdivision 7, is amended to read:

Subd. 7.

Electronic licensing system commission.

The
commissioner shall retain for the operation of the electronic
licensing system deleted text begin a commission of 4.7 percent of deleted text end new text begin the commission
established under section 84.027, subdivision 15, and issuing
fees collected by the commissioner on new text end all license fees
collected, excluding:

(1) the small game surcharge; new text begin and
new text end

(2) deleted text begin all issuing fees; and
deleted text end

deleted text begin (3) deleted text end $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
and 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 103.

Minnesota Statutes 2004, section 97A.551, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Tagging and registration. new text end

new text begin The commissioner may,
by rule, require persons taking, possessing, and transporting
certain species of fish to tag the fish with a special fish
management tag and may require registration of tagged fish. A
person may not possess or transport a fish species taken in the
state for which a special fish management tag is required unless
a tag is attached to the fish in a manner prescribed by the
commissioner. The commissioner shall prescribe the manner of
issuance and the type of tag as authorized under section
97C.087. The tag must be attached to the fish as prescribed by
the commissioner immediately upon reducing the fish in
possession and must remain attached to the fish until the fish
is processed or consumed. Species for which a special fish
management tag is required must be transported undressed.
new text end

Sec. 104.

Minnesota Statutes 2004, section 97B.015,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner shall
deleted text begin make rules establishing deleted text end new text begin establish new text end a statewide course in the safe
use of firearms and identification of wild mammals and
birds. deleted text begin At least one course must be held within the boundary of
each school district.deleted text end The courses must be conducted by the
commissioner in cooperation with other organizations. The
courses must instruct youths in commonly accepted principles of
safety in hunting and handling common hunting firearms and
identification of various species of wild mammals and birds by
sight and other unique characteristics.

Sec. 105.

Minnesota Statutes 2004, section 97B.015,
subdivision 2, is amended to read:

Subd. 2.

Administration, supervision, and enforcement.

(a) The commissioner shall appoint a qualified person from the
Enforcement Division under civil service rules as supervisor of
hunting safety and prescribe the duties and responsibilities of
the position. The commissioner shall determine and provide the
Enforcement Division with the necessary personnel for this
section.

(b) deleted text begin The commissioner may appoint one or more county
directors of hunting safety in each county. An appointed county
director is responsible to the Enforcement Division.deleted text end The
Enforcement Division may appoint instructors necessary for this
section. deleted text begin County directors and deleted text end Instructors shall serve on a
voluntary basis without compensation. The Enforcement Division
must supply the materials necessary for the course. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.

Sec. 106.

Minnesota Statutes 2004, section 97B.015,
subdivision 5, is amended to read:

Subd. 5.

Firearms safety certificate.

The commissioner
shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A
person must be at least age 11 to take the firearms safety
course and may receive a firearms safety certificate, but the
certificate is not valid new text begin for hunting new text end until the person deleted text begin is at
least deleted text end new text begin reaches new text end age 12. new text begin A person who is age 11 and has a firearms
safety certificate may purchase a deer, bear, turkey, or prairie
chicken license that will become valid when the person reaches
age 12.new text end A firearms safety certificate issued to a person under
age 12 by another state as provided in section 97B.020 is not
valid new text begin for hunting new text end in Minnesota until the person reaches age 12.
The form and content of the firearms safety certificate shall be
prescribed by the commissioner.

Sec. 107.

Minnesota Statutes 2004, section 97B.015,
subdivision 7, is amended to read:

Subd. 7.

Fee for duplicate certificate.

The commissioner
shall collect a feenew text begin , to include a $1 issuing fee for licensing
agents,new text end for issuing a duplicate firearms safety certificate.
The commissioner shall establish a fee that neither
significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the service. The fee is
not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. The commissioner may establish
the fee notwithstanding section 16A.1283. new text begin The duplicate
certificate fees, except for the issuing fee for licensing
agents under this subdivision, shall be deposited in the game
and fish fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, and issuing fees collected by the commissioner,
are appropriated annually to the Enforcement Division of the
Department of Natural Resources for the administration of the
firearm safety course program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 108.

Minnesota Statutes 2004, section 97B.020, is
amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not
obtain an annual license to take wild animals by firearms unless
the person hasnew text begin :
new text end

new text begin (1) new text end a firearms safety certificate or equivalent
certificatedeleted text begin ,deleted text end new text begin ;
new text end

new text begin (2) a new text end driver's license or identification card with a valid
firearms safety qualification indicator issued under section
171.07, subdivision 13deleted text begin ,deleted text end new text begin ;
new text end

new text begin (3) a new text end previous hunting licensedeleted text begin ,deleted text end new text begin with a valid firearms
safety qualification indicator;new text end or

new text begin (4) new text end other evidence indicating that the person has completed
in this state or in another state a hunter safety course
recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.

new text begin (b) new text end A person who is on active duty and has successfully
completed basic training in the United States armed forces,
reserve component, or National Guard may obtain a hunting
license or approval authorizing hunting regardless of whether
the person is issued a firearms safety certificate.

deleted text begin (b) deleted text end new text begin (c) new text end A person born after December 31, 1979, may not use
a lifetime license to take wild animals by firearms, unless the
person meets the requirements for obtaining an annual license
under paragraph (a) new text begin or (b)new text end .

Sec. 109.

Minnesota Statutes 2004, section 97B.025, is
amended to read:

97B.025 HUNTER AND TRAPPER EDUCATION.

(a) The commissioner may establish education courses for
hunters and trappers. The commissioner shall collect a fee from
each person attending a course. A feenew text begin , to include a $1 issuing
fee for licensing agents,new text end shall be collected for issuing a
duplicate certificate. The commissioner shall establish the
fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in
providing the services. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not
apply. The commissioner may establish the fees notwithstanding
section 16A.1283. The feesnew text begin , except for the issuing fee for
licensing agents under this subdivision,new text end shall be deposited in
the game and fish fund and the amount thereofnew text begin , except for the
electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15,new text end is
appropriated annually to the Enforcement Division of the
Department of Natural Resources for the administration of the
program. In addition to the fee established by the commissioner
for each course, instructors may charge each person up to the
established fee amount for class materials and expenses. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.

(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper
education program. At a minimum, the program must include at
least six hours of classroom and in the field training. The
program must include a review of state trapping laws and
regulations, trapping ethics, the setting and tending of traps
and snares, tagging and registration requirements, and the
preparation of pelts. The association shall be responsible for
all costs of conducting the education program, and shall not
charge any fee for attending the course.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 6, 2005.
new text end

Sec. 110.

Minnesota Statutes 2004, section 97C.085, is
amended to read:

97C.085 PERMIT REQUIRED FOR TAGGING FISH.

A person may not tag or otherwise mark a live fish for
identification without a permit from the commissionernew text begin , except
for special fish management tags as authorized under section
97A.551new text end .

Sec. 111.

new text begin [97C.087] SPECIAL FISH MANAGEMENT TAGS.
new text end

new text begin Subdivision 1. new text end

new text begin Tags to be issued. new text end

new text begin If the commissioner
determines it is necessary to require that a species of fish be
tagged with a special fish management tag, the commissioner
shall prescribe, by rule, the species to be tagged, tagging
procedures, and eligibility requirements.
new text end

new text begin Subd. 2. new text end

new text begin Application for tag. new text end

new text begin Application for special
fish management tags must be accompanied by a $5, nonrefundable
application fee for each tag. A person may not make more than
one tag application each year. If a person makes more than one
application, the person is ineligible for a special fish
management tag for that season after determination by the
commissioner, without a hearing.
new text end

Sec. 112.

Minnesota Statutes 2004, section 97C.327, is
amended to read:

97C.327 MEASUREMENT OF FISH LENGTH.

For the purpose of determining compliance with size limits
for fish in this chapter or in rules of the commissioner, the
length of a fish must be measured from the tip of the nose new text begin or
jaw, whichever is longer,new text end to the new text begin farthest new text end tip of the tail when
fully extended.

Sec. 113.

Minnesota Statutes 2004, section 97C.395,
subdivision 1, is amended to read:

Subdivision 1.

Dates for certain species.

(a) The open
seasons to take fish by angling are as follows:

(1) for walleye, sauger, northern pike, muskellunge,
largemouth bass, and smallmouth bass, the Saturday two weeks
prior to the Saturday of Memorial Day weekend to the deleted text begin third deleted text end new text begin last
new text end Sunday in February;

(2) for lake trout, from January 1 to October 31;

(3) for brown trout, brook trout, rainbow trout, and
splake, between January 1 to October 31 as prescribed by the
commissioner by rule except as provided in section 97C.415,
subdivision 2; and

(4) for salmon, as prescribed by the commissioner by rule.

(b) The commissioner shall close the season in areas of the
state where fish are spawning and closing the season will
protect the resource.

Sec. 114.

Minnesota Statutes 2004, section 103F.535,
subdivision 1, is amended to read:

Subdivision 1.

Reservation of marginal land and
wetlands.

(a) Marginal land and wetlands are withdrawn from
sale or exchange unless:

(1) notice of the existence of the nonforested marginal
land or wetlands, in a form prescribed by the Board of Water and
Soil Resources, is provided to prospective purchasers; and

(2) the deed contains a restrictive covenant, in a form
prescribed by the Board of Water and Soil Resources, that
precludes enrollment of the land in a state-funded program
providing compensation for conservation of marginal land or
wetlands.

(b) This section does not apply to transfers of land by the
Board of Water and Soil Resources to correct errors in legal
descriptions under section 103F.515, subdivision 8, or to
transfers by the commissioner of natural resources for:

(1) land that is currently in nonagricultural commercial
use if a restrictive covenant would interfere with the
commercial use;

(2) land in platted subdivisions;

(3) conveyances of land to correct errors in legal
descriptions under section 84.0273;

(4) exchanges of nonagricultural land with the federal
government, or exchanges of Class A, Class B, and deleted text begin Class C
deleted text end new text begin riparian new text end nonagricultural land with local units of government
under sections 94.342, 94.343, new text begin and new text end 94.344deleted text begin , and 94.349deleted text end ;

(5) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10; and

(6) land not needed for trail purposes that is sold to
adjacent property owners and lease holders under section 85.015,
subdivision 1, paragraph (b).

(c) This section does not apply to transfers of land by the
commissioner of administration or transportation or by the
Minnesota Housing Finance Agency, or to transfers of
tax-forfeited land under chapter 282 if:

(1) the land is in platted subdivisions; or

(2) the conveyance is a transfer to correct errors in legal
descriptions.

(d) This section does not apply to transfers of land by the
commissioner of administration or by the Minnesota Housing
Finance Agency for:

(1) land that is currently in nonagricultural commercial
use if a restrictive covenant would interfere with the
commercial use; or

(2) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10.

Sec. 115.

Minnesota Statutes 2004, section 103G.271,
subdivision 6, is amended to read:

Subd. 6.

Water use permit processing fee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) for all other users, deleted text begin $200 deleted text end new text begin $300 new text end per 1,000,000 gallons.

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

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

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

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

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

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

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

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

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

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

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

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

deleted text begin (1) there is no appropriation of water under the permit; or
deleted text end

deleted text begin (2) the permit is suspended for more than seven consecutive
days between May 1 and October 1. deleted text end new text begin A surcharge of $20 per
million gallons in addition to the fee prescribed in paragraph
(a) shall be applied to the volume of water used in each of the
months of June, July, and August that exceeds the volume of
water used in January for municipal water and community public
water supply use, irrigation of golf courses, and landscape
irrigation.
new text end

Sec. 116.

Minnesota Statutes 2004, section 103G.301,
subdivision 2, is amended to read:

Subd. 2.

Permit application fees.

(a) An application for
a permit authorized under this chapter, and each request to
amend or transfer an existing permit, must be accompanied by a
permit application fee to defray the costs of receiving,
recording, and processing the application or request to amend or
transfer.

(b) The fee to apply for a permit to appropriate water, a
permit to construct or repair a dam that is subject to dam
safety inspection, or a state general permit or to apply for the
state water bank program is deleted text begin $75 deleted text end new text begin $150new text end . The application fee for a
permit to work in public waters or to divert waters for mining
must be at least deleted text begin $75 deleted text end new text begin $150new text end , but not more than deleted text begin $500 deleted text end new text begin $1,000new text end ,
according to a schedule of fees adopted under section 16A.1285.

Sec. 117.

Minnesota Statutes 2004, section 103G.615,
subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The commissioner shall establish a
fee schedule for permits to control or harvest aquatic plants
other than wild rice. The fees must be set by rule, and section
16A.1283 does not apply. The fees may not exceed $750 per
permit based upon the cost of receiving, processing, analyzing,
and issuing the permit, and additional costs incurred after the
application to inspect and monitor the activities authorized by
the permit, and enforce aquatic plant management rules and
permit requirements.

(b) The fee for a permit for the control of rooted aquatic
vegetation is $35 for each contiguous parcel of shoreline owned
by an owner. This fee may not be charged for permits issued in
connection with purple loosestrife control or lakewide Eurasian
water milfoil control programs.

(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.

(d) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the deleted text begin game and fish fund deleted text end new text begin water recreation accountnew text end .

Sec. 118.

Minnesota Statutes 2004, section 103I.681,
subdivision 11, is amended to read:

Subd. 11.

Permit fee schedule.

(a) The commissioner of
natural resources shall adopt a permit fee schedule under
chapter 14. The schedule may provide minimum fees for various
classes of permits, and additional fees, which may be imposed
subsequent to the application, based on the cost of receiving,
processing, analyzing, and issuing the permit, and the actual
inspecting and monitoring of the activities authorized by the
permit, including costs of consulting services.

(b) A fee may not be imposed on a state or federal
governmental agency applying for a permit.

(c) The fee schedule may provide for the refund of a fee,
in whole or in part, under circumstances prescribed by the
commissioner of natural resources. deleted text begin Permit deleted text end Fees received must be
deposited in the state treasury and credited to the general
fund. deleted text begin The amount of money necessary to pay the refunds is
deleted text end new text begin Permit fees received are new text end appropriated annually from the general
fund to the commissioner of natural resources new text begin for the costs of
inspecting and monitoring the activities authorized by the
permit, including costs of consulting servicesnew text end .

Sec. 119.

Minnesota Statutes 2004, section 115.06,
subdivision 4, is amended to read:

Subd. 4.

Citizen monitoring of water quality.

(a) The
agency may encourage citizen monitoring of ambient water quality
for public waters by:

(1) providing technical assistance to citizen and local
group water quality monitoring efforts;

(2) integrating citizen monitoring data into water quality
assessments and agency programs, provided that the data adheres
to agency quality assurance and quality control protocols; and

(3) seeking public and private funds to:

(i) collaboratively develop clear guidelines for water
quality monitoring procedures and data management practices for
specific data and information uses;

(ii) distribute the guidelines to citizens, local
governments, and other interested parties;

(iii) improve and expand water quality monitoring
activities carried out by the agency; and

(iv) continue to improve electronic and Web access to water
quality data and information about public waters that have been
either fully or partially assessed.

(b) This subdivision does not authorize a citizen to enter
onto private property for any purpose.

(c) By January 15 of each odd-numbered year, the
commissioner shall report to the senate and house of
representatives committees with jurisdiction over environmental
policy and finance on activities under this section.

deleted text begin (d) This subdivision shall sunset June 30, 2005.
deleted text end

Sec. 120.

Minnesota Statutes 2004, section 115.551, is
amended to read:

115.551 TANK FEE.

new text begin (a) new text end An installer shall pay a fee of $25 for each septic
system tank installed in the previous calendar year. The fees
required under this section must be paid to the commissioner by
January 30 of each year. The revenue derived from the fee
imposed under this section shall be deposited in the
environmental fund and is exempt from section 16A.1285.

new text begin (b) Notwithstanding paragraph (a), for the purposes of
performance-based individual sewage treatment systems, the tank
fee is limited to $25 per household system installation.
new text end

Sec. 121.

Minnesota Statutes 2004, section 115A.03,
subdivision 21, is amended to read:

Subd. 21.

Mixed municipal solid waste.

(a) "Mixed
municipal solid waste" means garbage, refuse, and other solid
waste from residential, commercial, industrial, and community
activities that the generator of the waste aggregates for
collection, except as provided in paragraph (b).

(b) Mixed municipal solid waste does not include auto
hulks, street sweepings, ash, construction debris, mining waste,
sludges, tree and agricultural wastes, tires, lead acid
batteries, motor and vehicle fluids and filters, and other
materials collected, processed, and disposed of as separate
waste streams, but does include source-separated deleted text begin compostable
deleted text end new text begin organic new text end materials.

Sec. 122.

Minnesota Statutes 2004, section 115A.03,
subdivision 32a, is amended to read:

Subd. 32a.

Source-separated compostable materials.

"Source-separated deleted text begin compostable deleted text end new text begin organic new text end materials" means mixed
municipal solid waste that:

(1) is separated at the source by waste generators for the
purpose of preparing it for use as new text begin food for animals, or new text end compost;

(2) is collected separately from other mixed municipal
solid wastes;

(3) is comprised of food wastes, fish and animal waste,
plant materials, new text begin yard waste,new text end diapers, sanitary products, and
paper that is not recyclable because the director has determined
that no other person is willing to accept the paper for
recycling; and

(4) deleted text begin is delivered to a facility to undergo deleted text end new text begin undergoes one of
the following processes:
new text end

new text begin (i) new text end controlled microbial degradation to yield a humus-like
product meeting the agency's class I or class II, or equivalent,
compost standards and where process residues do not exceed 15
percent by weight of the total material delivered to the
facilitynew text begin ; or
new text end

new text begin (ii) controlled packaging separation followed by (A)
treatment, including heating and drying the material to less
than ten percent moisture, to insure that it meets the
requirements of chapter 25 to be sold as commercial feed; or (B)
treatment in accordance with Minnesota Rules, part 1720.0930, to
allow its use as food for livestock and poultrynew text end .

Sec. 123.

Minnesota Statutes 2004, section 115A.072,
subdivision 1, is amended to read:

Subdivision 1.

Environmental education advisory board.

(a) The director shall provide for the development and
implementation of environmental education programs that are
designed to meet the goals listed in section 115A.073.

(b) The Environmental Education Advisory Board shall advise
the director in carrying out the director's responsibilities
under this section. The board consists of 20 members as follows:

(1) a representative of the Pollution Control Agency,
appointed by the commissioner of the agency;

(2) a representative of the Department of Education,
appointed by the commissioner of education;

(3) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;

(4) a representative of the Department of Health, appointed
by the commissioner of health;

(5) a representative of the Department of Natural
Resources, appointed by the commissioner of natural resources;

(6) a representative of the Board of Water and Soil
Resources, appointed by that board;

(7) a representative of the Environmental Quality Board,
appointed by that board;

(8) a representative of the Board of Teaching, appointed by
that board;

(9) a representative of the University of Minnesota
Extension Service, appointed by the director of the service;

(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the
K-12 system, appointed by the director; and

(11) three at-large citizen members, appointed by the
director.

The citizen members shall serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The
board expires on June 30, deleted text begin 2003 deleted text end new text begin 2008new text end .

Sec. 124.

Minnesota Statutes 2004, section 115A.12, is
amended to read:

115A.12 ADVISORY COUNCILS.

(a) The director shall establish deleted text begin a Solid Waste Management
Advisory Council and a Prevention, Reduction, and Recycling deleted text end new text begin an
Environmental Innovations new text end Advisory Council that deleted text begin are deleted text end new text begin is new text end broadly
representative of the geographic areas and interests of the
state.

deleted text begin (b) The solid waste council shall have not less than nine
nor more than 21 members. The membership of the solid waste
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives from private solid waste management
firms. The solid waste council shall contain at least three
members experienced in the private recycling industry and at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection, processing,
and disposal; and solid waste reduction and resource recovery.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The deleted text begin Prevention, Reduction, and Recycling
deleted text end new text begin Environmental Innovations new text end Advisory Council shall have not less
than nine deleted text begin nor deleted text end new text begin or new text end more than 24 members. The membership shall
consist of deleted text begin one-third deleted text end citizen deleted text begin representativesdeleted text end , deleted text begin one-third
representatives of deleted text end government, new text begin institutional,new text end and deleted text begin one-third
representatives of deleted text end business deleted text begin and industry deleted text end new text begin representativesnew text end . deleted text begin The
director may appoint nonvoting members from other environmental
and business assistance providers in the state.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The deleted text begin chairs deleted text end new text begin chair new text end of the advisory deleted text begin councils
deleted text end new text begin council new text end shall be appointed by the director. The director shall
provide administrative and staff services for the advisory
deleted text begin councils deleted text end new text begin councilnew text end . The advisory deleted text begin councils deleted text end new text begin council new text end shall have such
duties as are assigned by law or the director. The deleted text begin Solid Waste
Advisory Council shall make recommendations to the office on its
solid waste management activities. The Prevention, Reduction,
and Recycling deleted text end new text begin Environmental Innovations new text end Advisory Council shall
make recommendations to the office on policy, programs, and
legislation in pollution prevention, waste reduction, reuse deleted text begin and deleted text end new text begin ,
new text end recycling, new text begin and new text end resource conservationdeleted text begin , and the management of
hazardous wastedeleted text end . new text begin The Environmental Innovations Advisory Council
shall focus on developing and implementing innovative programs
that improve Minnesota's environment by emphasizing front-end
preventative, and resource conservation approaches to preventing
waste and pollution. The council shall emphasize partnerships
of government, citizens, institutions, and business to develop
and implement these programs.new text end Members of the advisory deleted text begin councils
deleted text end new text begin council new text end shall serve without compensation but shall be reimbursed
for their reasonable expenses as determined by the director.
Notwithstanding section 15.059, subdivision 5, the deleted text begin Solid Waste
Management Advisory Council and the Prevention, Reduction, and
Recycling deleted text end new text begin Environmental Innovations new text end Advisory Council deleted text begin expire
deleted text end new text begin expires new text end June 30, deleted text begin 2003 deleted text end new text begin 2009new text end .

Sec. 125.

Minnesota Statutes 2004, section 115A.545,
subdivision 1, is amended to read:

Subdivision 1.

Definition.

(a) For the purpose of this
section, the following terms have the meanings given them.

(b) "Processed" means mixed municipal solid waste that has
been:

(1) burned for energy recovery; deleted text begin or
deleted text end

(2) new text begin recovered for animals; or
new text end

new text begin (3) new text end processed into usable compost or refuse derived fuel.

(c) "Processing facility" means a facility designed to burn
mixed municipal solid waste for energy recovery or designed to
process mixed municipal solid waste into usable compost or
refuse-derived fuel.

(d) "County" includes a consortium of counties operating
under a solid waste management joint powers agreement.

Sec. 126.

Minnesota Statutes 2004, section 115A.929, is
amended to read:

115A.929 FEES; ACCOUNTING.

Each political subdivision that provides for solid waste
management shall account for all revenue collected from waste
management fees, together with interest earned on revenue from
the fees, separately from other revenue collected by the
political subdivision and shall report revenue collected from
the fees and use of the revenue separately from other revenue
and use of revenue in any required financial report or audit.
deleted text begin Each political subdivision must file with the director, on or
before June 30 annually, the separate report of all revenue
collected from waste management fees, together with interest on
revenue from the fees, for the previous year.deleted text end For the purposes
of this section, "waste management fees" means:

(1) all fees, charges, and surcharges collected under
sections 115A.919, 115A.921, and 115A.923;

(2) all tipping fees collected at waste management
facilities owned or operated by the political subdivision;

(3) all charges imposed by the political subdivision for
waste collection and management services; and

(4) any other fees, charges, or surcharges imposed on waste
or for the purpose of waste management, whether collected
directly from generators or indirectly through property taxes or
as part of utility or other charges for services provided by the
political subdivision.

Sec. 127.

Minnesota Statutes 2004, section 116P.02, is
amended by adding a subdivision to read:

new text begin Subd. 4a.new text end

new text begin Council.new text end

new text begin "Council" means the Minnesota
Conservation Heritage Council.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 128.

Minnesota Statutes 2004, section 116P.03, is
amended to read:

116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.

deleted text begin (a) deleted text end The trust fund may not be used as a substitute for
traditional sources of funding environmental and natural
resources activities, but the trust fund shall supplement the
traditional sources, including those sources used to support the
criteria in section 116P.08, subdivision deleted text begin 1 deleted text end new text begin 1anew text end . The trust fund
must be used primarily to support activities whose benefits
become available only over an extended period of time.

deleted text begin (b) The commission must determine the amount of the state
budget spent from traditional sources to fund environmental and
natural resources activities before and after the trust fund is
established and include a comparison of the amount in the report
under section 116P.09, subdivision 7.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 129.

Minnesota Statutes 2004, section 116P.04,
subdivision 5, is amended to read:

Subd. 5.

Audits required.

The legislative auditor shall
audit trust fund expenditures to ensure that the money is spent
for the purposes provided in deleted text begin the commission's budget plan deleted text end new text begin the
Minnesota Constitution, article XI, section 14, and the
council's strategic plan developed under section 116P.08new text end . new text begin In
addition, the legislative auditor shall audit the books and
records of the council on an annual basis under sections 3.971
and 3.972, subject to the resources of the legislative auditor,
to ensure that the expenditures and operations of the council
are consistent with the requirements of this chapter. The
legislative auditor may recoup the expenses for audits under
this subdivision from amounts available to the council under
section 116P.061, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 130.

Minnesota Statutes 2004, section 116P.05,
subdivision 2, is amended to read:

Subd. 2.

Duties.

(a) The commission shall recommend a
budget plan for expenditures from the environment and natural
resources trust fund and shall adopt a strategic plan as
provided in section 116P.08.

(b) The commission shall recommend expenditures to the
legislature from the state land and water conservation account
in the natural resources fund.

(c) It is a condition of acceptance of the appropriations
made from the Minnesota environment and natural resources trust
fund, and oil overcharge money under section 4.071, subdivision
2, that the agency or entity receiving the appropriation must
submit a work program and semiannual progress reports in the
form determined by the Legislative Commission on Minnesota
Resourcesnew text begin , and comply with applicable reporting requirements
under section 116P.16new text end . None of the money provided may be spent
unless the commission has approved the pertinent work program.

(d) The peer review panel created under section 116P.08
must also review, comment, and report to the commission on
research proposals applying for an appropriation from the oil
overcharge money under section 4.071, subdivision 2.

(e) The commission may adopt operating procedures to
fulfill its duties under chapter 116P.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for interests
in land acquired after June 30, 2005.
new text end

Sec. 131.

new text begin [116P.061] MINNESOTA CONSERVATION HERITAGE
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Minnesota
Conservation Heritage Council is created pursuant to section
15.012, paragraph (a), and is governed by a council of 11
members. The terms of members are six years and until their
successors have been appointed. Each member shall be appointed
by the governor with the advice and consent of the senate. Not
more than six members shall belong to the same political party.
The governor shall select at least one member from each
congressional district.
new text end

new text begin (b) To be eligible for appointment to the council, a
prospective member must demonstrate expertise and experience in
the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air,
water, land, fish, wildlife, and other natural resources. Prior
service on multimember boards with grant-making responsibilities
or prior experience in the management of a business enterprise
is also recommended.
new text end

new text begin (c) Except as provided in this section, the terms,
compensation, and removal of members and filling of vacancies on
the council shall be as provided in section 15.0575. A member
may be removed from the council upon a supermajority of eight
votes in favor of the removal of that member.
new text end

new text begin Subd. 2. new text end

new text begin Chair; vice chair. new text end

new text begin The governor shall select a
member to serve as chair for a term concurrent with that of the
governor. If a vacancy occurs in the position of chair, the
governor shall select a new chair to complete the unexpired
term. The chair shall be the principal executive officer of the
council and shall preside at meetings of the council. The chair
shall organize the work of the council and may make assignments
to members, appoint committees, and give direction to the
staff. The members of the council shall select a vice chair.
new text end

new text begin Subd. 3. new text end

new text begin Quorum. new text end

new text begin Except when otherwise specified, a
majority of the council shall constitute a quorum and the act or
decision of a majority of members present, if at least a quorum
is present, shall be the act or decision of the council. If a
vacancy exists on the council, a majority of the remaining
members constitutes a quorum. A supermajority of eight members
in favor is required for: (1) hiring or removing an executive
director for the council, if any; or (2) using funds for debt
service on bonds.
new text end

new text begin Subd. 4.new text end

new text begin Gifts.new text end

new text begin The council may accept and use grants of
money or property from the United States or other grantors for
any purpose pertaining to the activities of the council. Any
money or property so received is appropriated and dedicated for
the purposes for which it is granted and shall be expended or
used solely for such purposes according to federal laws and
regulations pertaining thereto, subject to applicable state laws
and rules as to manner of expenditure or use. The council may
make subgrants of any money received to other agencies, units of
local government, private individuals, private organizations,
and private nonprofit corporations. Appropriate funds and
accounts shall be maintained by the commissioner of finance to
comply with this section. Lands and interests in lands received
may be sold or exchanged according to chapter 94.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 132.

Minnesota Statutes 2004, section 116P.07, is
amended to read:

116P.07 INFORMATION GATHERING.

new text begin Subdivision 1. new text end

new text begin Public forums. new text end

The deleted text begin commission deleted text end new text begin council new text end may
convene public forums new text begin or employ other methods new text end to gather
information for establishing priorities for funding.

new text begin Subd. 2. new text end

new text begin Technical advisory committee. new text end

new text begin The council shall
make use of available expertise from educational, research, and
technical organizations, and state and federal environmental
agencies, including the University of Minnesota and other higher
education institutions, to provide appropriate independent
expert advice on identifying natural resource priorities during
development of the strategic plan provided for in section
116P.08. The technical advisory committee shall also review
funding proposals and advise the council on funding
recommendations. The council shall appoint the technical
advisory committee and designate a chair. Compensation of
advisory committee members is governed by section 15.059,
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin State agency long-term priorities. new text end

new text begin State
agencies with environmental programs and responsibilities shall
submit long-term priorities based on agency plans to the
council. The council may integrate agency long-term priorities
into the development of its strategic plan as provided for in
section 116P.08.
new text end

new text begin Subd. 4.new text end

new text begin Public priorities.new text end

new text begin The council shall ask
conservation and environmental organizations to submit their
long-term priorities and plans to the council, which may be
integrated into the council's strategic plan as provided for in
section 116P.08.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 133.

Minnesota Statutes 2004, section 116P.08, is
amended by adding a subdivision to read:

new text begin Subd. 1a.new text end

new text begin Appropriation and expenditures.new text end

new text begin (a) For the
fiscal biennium beginning July 1, 2007, and each biennium
thereafter, the amount of the environment and natural resources
trust fund that is available for appropriation under the terms
of the Minnesota Constitution, article XI, section 14, shall be
appropriated by a law passed by the legislature and signed by
the governor to the council for expenditures to be made
according to the provisions of this section.
new text end

new text begin (b) The amount appropriated from the environment and
natural resources trust fund may be spent only for the public
purpose of protection, conservation, preservation, and
enhancement of the state's air, water, land, fish, wildlife, and
other natural resources. Expenditures made by the council under
this section must be consistent with the Minnesota Constitution,
article XI, section 14, and the strategic plan adopted under
subdivision 3 and must demonstrate a direct benefit to the
state's natural resources.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 134.

Minnesota Statutes 2004, section 116P.08, is
amended by adding a subdivision to read:

new text begin Subd. 1b.new text end

new text begin Work program; progress reports.new text end

new text begin It is a
condition of acceptance of the appropriations made from the
Minnesota environment and natural resources trust fund that the
agency or entity receiving the appropriation must submit a work
program and semiannual progress reports in the form determined
by the council. None of the money provided may be spent unless
the council has approved the pertinent work program.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 135.

Minnesota Statutes 2004, section 116P.08,
subdivision 3, is amended to read:

Subd. 3.

Strategic plan required.

(a) The deleted text begin commission
deleted text end new text begin council new text end shall adopt a strategic plan for making expenditures
from the trust fund, including identifying the priority areas
for funding for the next deleted text begin six deleted text end new text begin ten new text end years. The strategic plan must
be updated every two years. deleted text begin The plan is advisory only deleted text end new text begin The
council shall make funding allocation decisions on at least an
annual basisnew text end .

new text begin (b) new text end The deleted text begin commission deleted text end new text begin council new text end shall submit the plandeleted text begin , as a
recommendation,deleted text end to the deleted text begin house of representatives Ways and Means
and senate Finance Committees deleted text end new text begin chairs of the house of
representatives and senate committees with jurisdiction over
environment and natural resources policy and finance new text end by January
deleted text begin 1 deleted text end new text begin 15 new text end of each odd-numbered year new text begin according to section 116P.09,
subdivision 7new text end .

deleted text begin (b) The commission may accept or modify the draft of the
strategic plan submitted to it by the advisory committee before
voting on the plan's adoption.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 136.

Minnesota Statutes 2004, section 116P.08,
subdivision 5, is amended to read:

Subd. 5.

Public meetings.

All deleted text begin advisory committee and
commission deleted text end new text begin council new text end meetings must be open to the public. deleted text begin The
commission shall attempt to meet at least once in each of the
state's congressional districts during each biennium.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 137.

Minnesota Statutes 2004, section 116P.08,
subdivision 6, is amended to read:

Subd. 6.

Peer review.

(a) Research proposals must
include a stated purpose, timeline, potential outcomes, and an
explanation of the need for the research. All research
proposals must be deleted text begin reviewed by a peer review panel deleted text end new text begin peer-reviewed
new text end before receiving an appropriation. new text begin Peer reviews shall be
considered by the council in evaluating a research project
proposal. The council shall establish a peer review panel under
subdivision 7 to assist its work.
new text end

(b) deleted text begin In conducting research proposal reviews, the peer
review panel deleted text end new text begin A peer review report on a proposed research
project, prepared for a research proposal review,new text end shall:

(1) comment on the methodology proposed and whether it can
be expected to yield appropriate and useful information and
data; new text begin and
new text end

(2) comment on the need for the research and about similar
existing information available, if anydeleted text begin ; and
deleted text end

deleted text begin (3) report to the commission and advisory committee on
clauses (1) and (2).
deleted text end

deleted text begin (c) The peer review panel also must review completed
research proposals that have received an appropriation and
comment and report upon whether the project reached the intended
goalsdeleted text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 138.

Minnesota Statutes 2004, section 116P.08,
subdivision 7, is amended to read:

Subd. 7.

Peer review panel membership.

(a) The peer
review panel must consist of at least five members who are
knowledgeable in general research methods in the areas of
environment and natural resources. Not more than two members of
the panel may be employees of state agencies in Minnesota.

(b) The deleted text begin commission deleted text end new text begin council new text end shall select a chair every two
years who shall be responsible for convening meetings of the
panel as often as is necessary to fulfill its duties as
prescribed in this section. Compensation of panel members is
governed by section 15.059, subdivision 3.

new text begin (c) The peer review panel must review completed research
proposals that have received an appropriation and comment and
report upon whether the project reached the intended goals.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 139.

Minnesota Statutes 2004, section 116P.09, is
amended to read:

116P.09 ADMINISTRATION.

Subdivision 1.

Administrative authority.

The
deleted text begin commission deleted text end new text begin council new text end may appoint legal and other personnel and
consultants necessary to carry out functions and duties of
the deleted text begin commission deleted text end new text begin councilnew text end . Permanent employees shall be in the
unclassified service. In addition, the deleted text begin commission deleted text end new text begin council new text end may
request staff assistance and data from any other agency of state
government as needed for the execution of the responsibilities
of the deleted text begin commission and advisory committee deleted text end new text begin council new text end and an agency
must promptly furnish it.

Subd. 2.

Liaison officers.

The deleted text begin commission deleted text end new text begin council new text end shall
request each department or agency head of all state agencies
with a direct interest and responsibility in any phase of
environment and natural resources to appoint, and the latter
shall appoint for the agency, a liaison officer who shall work
closely with the deleted text begin commission deleted text end new text begin council new text end and its staff.

Subd. 3.

Appraisal and evaluation.

The deleted text begin commission
deleted text end new text begin council new text end shall obtain and appraise information available through
private organizations and groups, utilizing to the fullest
extent possible studies, data, and reports previously prepared
or currently in progress by public agencies, private
organizations, groups, and others, concerning future trends in
the protection, conservation, preservation, and enhancement of
the state's air, water, land, forests, fish, wildlife, native
vegetation, and other natural resources. Any data compiled by
the deleted text begin commission deleted text end new text begin council new text end shall be made available to any standing
or interim committee of the legislature upon the request of the
chair of the respective committee.

Subd. 4.

Personnel.

Persons who are employed by a state
agency to work on a project and are paid by an appropriation
from the trust fund are in the unclassified civil service, and
their continued employment is contingent upon the availability
of money from the appropriation. When the appropriation has
been spent, their positions must be canceled and the approved
complement of the agency reduced accordingly. Part-time
employment of persons for a project is authorized. The use of
classified employees is authorized when approved as part of the
work program required by section deleted text begin 116P.05 deleted text end new text begin 116P.08new text end , subdivision deleted text begin 2,
paragraph (c) deleted text end new text begin 1bnew text end .

Subd. 5.

Administrative expense.

The prorated expenses
related to deleted text begin commission deleted text end new text begin council new text end administration of the trust fund
may not exceed an amount equal to four percent of the amount
available for appropriation of the trust fund for the biennium.

Subd. 6.

Conflict of interest.

new text begin (a) new text end A deleted text begin commission deleted text end new text begin council
new text end member, deleted text begin advisory committee member,deleted text end new text begin a new text end peer review panelist, or an
employee of the deleted text begin commission deleted text end new text begin council new text end may not participate in or
vote on a decision of the deleted text begin commission, advisory
committee,deleted text end new text begin council new text end or new text begin a new text end peer review panel relating to an
organization in which the member, panelist, or employee has
either a direct or indirect personal financial interest. While
serving on the deleted text begin legislative commission, advisory committee,
deleted text end new text begin council new text end or peer review paneldeleted text begin ,deleted text end or deleted text begin being deleted text end new text begin while new text end an employee of
the deleted text begin commission deleted text end new text begin councilnew text end , a person shall avoid any potential
conflict of interest. new text begin A conflict of interest exists if the
person:
new text end

new text begin (1) would receive a direct or indirect personal financial
benefit from an entity proposing a project for funding by the
council or from a proposal under review for funding by the
council;
new text end

new text begin (2) serves as an employee, consultant, or governing board
member of an entity proposing a project for funding by the
council; or
new text end

new text begin (3) has a family relationship with a project proposer or a
staff or board member of an entity proposing a project for
funding by the council.
new text end

new text begin (b) The council must develop procedures to identify a
conflict of interest during the initial proposal review
process. If a conflict is found to exist, the person must
notify the council in writing and may not advocate for or
against the proposal or vote on the proposal.
new text end

Subd. 7.

Report required.

The deleted text begin commission deleted text end new text begin council new text end shall,
by January 15 of each odd-numbered year, submit a report to the
governor, the chairs of the house new text begin of representatives
new text end appropriations and senate finance committees, and the chairs of
the house new text begin of representatives new text end and senate committees deleted text begin on deleted text end new text begin with
jurisdiction over new text end environment and natural resources new text begin policy and
financenew text end . Copies of the report must be available to the public.
The report must include new text begin a summary of the council's conservation
achievements during the reporting period andnew text end :

(1) a copy of the current strategic plan;

(2) a description of each project receiving money from the
trust fund during the preceding biennium new text begin and how the project
relates to the constitutional dedication of the trust fund and
to the council's current strategic plannew text end ;

(3) a summary of any research project completed in the
preceding biennium;

(4) recommendations to implement successful projects and
programs into a state agency's standard operations;

(5) to the extent known by the deleted text begin commission deleted text end new text begin councilnew text end ,
descriptions of the projects anticipated to be supported by the
trust fund during the next biennium;

(6) the source and amount of all revenues collected and
distributed by the deleted text begin commission deleted text end new text begin councilnew text end , including all
administrative and other expenses;

(7) a description of the assets and liabilities of the
trust fund;

(8) any findings or recommendations that are deemed proper
to assist the legislature in formulating legislation;

(9) a list of all gifts and donations with a value over
$1,000;

(10) a comparison of the amounts spent by the state for
environment and natural resources activities through the most
recent fiscal year; and

(11) a copy of the most recent compliance audit.

new text begin EFFECTIVE DATE. new text end

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

Sec. 140.

Minnesota Statutes 2004, section 116P.10, is
amended to read:

116P.10 ROYALTIES, COPYRIGHTS, PATENTS.

This section applies to projects supported by the trust
fund and the oil overcharge money referred to in section 4.071,
subdivision 2, each of which is referred to in this section as a
"fund." The new text begin trust new text end fund owns and shall take title to the
percentage of a royalty, copyright, or patent resulting from a
project supported by the new text begin trust new text end fund equal to the percentage of
the project's total funding provided by the new text begin trust new text end fund. Cash
receipts resulting from a royalty, copyright, or patent, or the
sale of the new text begin trust new text end fund's rights to a royalty, copyright, or
patent, must be credited immediately to the principal of
the new text begin trust new text end fund. Receipts from Minnesota future resources fund
projects must be credited to the trust fund. Before new text begin the council
decides to fund new text end a project deleted text begin is included in the budget plandeleted text end ,
the deleted text begin commission deleted text end new text begin council new text end may vote to relinquish the ownership or
rights to a royalty, copyright, or patent resulting from a
project supported by the new text begin trust new text end fund to the project's proposer
when the amount of the original grant or loan, plus interest,
has been repaid to the new text begin trust new text end fund.

new text begin EFFECTIVE DATE. new text end

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

Sec. 141.

Minnesota Statutes 2004, section 116P.11, is
amended to read:

116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.

(a) The amount biennially available from the trust fund for
the budget plan developed by the deleted text begin commission deleted text end new text begin council new text end is as
defined in the Minnesota Constitution, article XI, section 14.

(b) Any appropriated funds not encumbered in the biennium
in which they are appropriated cancel and must be credited to
the principal of the trust fund.

new text begin EFFECTIVE DATE. new text end

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

Sec. 142.

Minnesota Statutes 2004, section 116P.12,
subdivision 2, is amended to read:

Subd. 2.

Application and administration.

(a) The
deleted text begin commission deleted text end new text begin council new text end must adopt a procedure for the issuance of
the water system improvement loans by the Public Facilities
Authority.

(b) The deleted text begin commission deleted text end new text begin council new text end also must ensure that the loans
are administered according to its fiduciary standards and
requirements.

new text begin EFFECTIVE DATE. new text end

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

Sec. 143.

Minnesota Statutes 2004, section 116P.15,
subdivision 2, is amended to read:

Subd. 2.

Restrictions; modification procedure.

(a) An
interest in real property acquired with an appropriation from
the trust fund or the Minnesota future resources fund must be
used in perpetuity or for the specific term of an easement
interest for the purpose for which the appropriation was made.

(b) A recipient of funding who acquires an interest in real
property subject to this section may not alter the intended use
of the interest in real property or convey any interest in the
real property acquired with the appropriation without the prior
review and approval of the deleted text begin commission deleted text end new text begin councilnew text end . The deleted text begin commission
deleted text end new text begin council new text end shall establish procedures to review requests from
recipients to alter the use of or convey an interest in real
property. These procedures shall allow for the replacement of
the interest in real property with another interest in real
property meeting the following criteria:

(1) the interest is at least equal in fair market value, as
certified by the commissioner of natural resources, to the
interest being replaced; and

(2) the interest is in a reasonably equivalent location,
and has a reasonably equivalent usefulness compared to the
interest being replaced.

(c) A recipient of funding who acquires an interest in real
property under paragraph (a) must separately record a notice of
funding restrictions in the appropriate local government office
where the conveyance of the interest in real property is filed.
The notice of funding agreement must contain:

(1) a legal description of the interest in real property
covered by the funding agreement;

(2) a reference to the underlying funding agreement;

(3) a reference to this section; and

(4) the following statement:

"This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant
agreement or work program controlling the acquisition of the
property. The interest in real property, or any portion of the
interest in real property, shall not be sold, transferred,
pledged, or otherwise disposed of or further encumbered without
obtaining the prior written approval of the deleted text begin Legislative
Commission on Minnesota Resources deleted text end new text begin council new text end or its successor. If
the holder of the interest in real property fails to comply with
the terms and conditions of the grant agreement or work program,
ownership of the interest in real property shall transfer to
this state."

new text begin EFFECTIVE DATE. new text end

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

Sec. 144.

new text begin [116P.16] REAL PROPERTY INTEREST REPORT.
new text end

new text begin By December 1 each year, a recipient of an appropriation
from the trust fund, that is used for the acquisition of an
interest in real property, must submit annual reports on the
status of the real property to the Legislative Commission on
Minnesota Resources in a form determined by the commission. The
responsibility for reporting under this section may be
transferred by the recipient of the appropriation to another
person who holds the interest in the real property. To complete
the transfer of reporting responsibility, the recipient of the
appropriation must:
new text end

new text begin (1) inform the person to whom the responsibility is
transferred of that person's reporting responsibility;
new text end

new text begin (2) inform the person to whom the responsibility is
transferred of the property restrictions under section 116P.15;
and
new text end

new text begin (3) provide written notice to the commission of the
transfer of reporting responsibility, including contact
information for the person to whom the responsibility is
transferred.
new text end

new text begin After the transfer, the person who holds the interest in the
real property is responsible for reporting requirements under
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for interests
in land acquired after June 30, 2005.
new text end

Sec. 145.

Minnesota Statutes 2004, section 168.1296,
subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

(a)
The registrar shall issue special critical habitat license
plates to an applicant who:

(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van new text begin or of recreational equipmentnew text end ;

(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;

(3) pays the registration tax required under section
168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the Minnesota
critical habitat private sector matching account established in
section 84.943; and

(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.

(b) The critical habitat license application form must
clearly indicate that the annual contribution specified under
paragraph (a), clause (5), is a minimum contribution to receive
the license plate and that the applicant may make an additional
contribution to the account.

new text begin (c) Owners of recreational equipment under paragraph (a),
clause (1), are eligible only for special critical habitat
license plates for which the designs are approved by the
commissioner on or after January 1, 2006.
new text end

new text begin (d) Special critical habitat license plates, the designs
for which are approved by the commissioner on or after January
1, 2006, may be personalized according to section 168.12,
subdivision 2a.
new text end

Sec. 146.

Minnesota Statutes 2004, section 169A.63,
subdivision 6, is amended to read:

Subd. 6.

Vehicle subject to forfeiture.

new text begin (a) new text end A motor
vehicle is subject to forfeiture under this section if it was
used in the commission of a designated offense or was used in
conduct resulting in a designated license revocation.

new text begin (b) Motorboats subject to seizure and forfeiture under this
section also include their trailers.
new text end

Sec. 147.

Minnesota Statutes 2004, section 216B.2424,
subdivision 1, is amended to read:

Subdivision 1.

Farm-grown closed-loop biomass.

(a) For
the purposes of this section, "farm-grown closed-loop biomass"
means biomass, as defined in section 216C.051, subdivision 7,
that:

(1) is intentionally cultivated, harvested, and prepared
for use, in whole or in part, as a fuel for the generation of
electricity;

(2) when combusted, releases an amount of carbon dioxide
that is less than or approximately equal to the carbon dioxide
absorbed by the biomass fuel during its growing cycle; and

(3) is fired in a new or substantially retrofitted electric
generating facility that is:

(i) located within 400 miles of the site of the biomass
production; and

(ii) designed to use biomass to meet at least 75 percent of
its fuel requirements.

(b) The legislature finds that the negative environmental
impacts within 400 miles of the facility resulting from
transporting and combusting the biomass are offset in that
region by the environmental benefits to air, soil, and water of
the biomass production.

(c) Among the biomass fuel sources that meet the
requirements of paragraph (a), deleted text begin clause deleted text end new text begin clauses (1) and new text end (2) are
poplar, aspen, willow, switch grass, sorghum, alfalfa, deleted text begin and
deleted text end cultivated prairie grass new text begin and sustainably managed woody biomassnew text end .

new text begin (d) For the purpose of this section, "sustainably managed
woody biomass" means:
new text end

new text begin (1) brush, trees, and other biomass harvested from within
designated utility, railroad, and road rights-of-way;
new text end

new text begin (2) upland and lowland brush harvested from lands
incorporated into brushland habitat management activities of the
Minnesota Department of Natural Resources;
new text end

new text begin (3) upland and lowland brush harvested from lands managed
in accordance with Minnesota Department of Natural Resources
"Best Management Practices for Managing Brushlands";
new text end

new text begin (4) logging slash or waste wood that is created by harvest,
precommercial timber stand improvement to meet silvicultural
objectives, or by fire, disease, or insect control treatments,
and that is managed in compliance with the Minnesota Forest
Resources Council's "Sustaining Minnesota Forest Resources:
Voluntary Site-Level Forest Management Guidelines for
Landowners, Loggers and Resource Managers" as modified by the
requirement of this subdivision; and
new text end

new text begin (5) trees or parts of trees that do not meet the
utilization standards for pulpwood, posts, bolts, or sawtimber
as described in the Minnesota Department of Natural Resources
Division of Forestry Timber Sales Manual, 1998, as amended as of
May 1, 2005, and the Minnesota Department of Natural Resources
Timber Scaling Manual, 1981, as amended as of May 1, 2005,
except as provided in paragraph (a), clause (1), and this
paragraph, clauses (1) to (3).
new text end

Sec. 148.

Minnesota Statutes 2004, section 216B.2424, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Municipal waste-to-energy project. new text end

new text begin (a) This
subdivision applies only to a biomass project owned or
controlled, directly or indirectly, by two municipal utilities
as described in subdivision 5a, paragraph (b).
new text end

new text begin (b) Woody biomass from state-owned land must be harvested
in compliance with an adopted management plan and a program of
ecologically based third-party certification.
new text end

new text begin (c) The project must prepare a fuel plan on an annual basis
after commercial operation of the project as described in the
power contract between the project and the public utility, and
must also prepare annually certificates reflecting the types of
fuel used in the preceding year by the project, as described in
the power contract. The fuel plans and certificates shall also
be filed with the Minnesota Department of Natural Resources and
the Minnesota Department of Commerce within 30 days after being
provided to the public utility, as provided by the power
contract. Any person who believes the fuel plans, as amended,
and certificates show that the project does not or will not
comply with the fuel requirements of this subdivision may file a
petition with the commission seeking such a determination.
new text end

new text begin (d) The wood procurement process must utilize third-party
audit certification systems to verify that applicable best
management practices were utilized in the procurement of the
sustainably managed biomass. If there is a failure to so verify
in any two consecutive years during the original contract term,
the farm-grown closed-loop biomass requirements of subdivision 2
must be increased to 50 percent for the remaining contract term
period; however, if in two consecutive subsequent years after
the increase has been implemented, it is verified that the
conditions in this subdivision have been met, then for the
remaining original contract term the closed-loop biomass mandate
reverts to 25 percent. If there is a subsequent failure to
verify in a year after the first failure and implementation of
the 50 percent requirement, then the closed-loop percentage
shall remain at 50 percent for each remaining year of the
contract term.
new text end

new text begin (e) In the closed-loop plantation, no transgenic plants may
be used.
new text end

new text begin (f) No wood may be harvested from any lands identified by
the final or preliminary Minnesota County Biological Survey as
having statewide significance as native plant communities, large
populations or concentrations of rare species, or critical
animal habitat.
new text end

new text begin (g) A wood procurement plan must be prepared every five
years and public meetings must be held and written comments
taken on the plan and documentation must be provided on why or
why not the public inputs were used.
new text end

new text begin (h) Guidelines or best management practices for sustainably
managed woody biomass must be adopted by:
new text end

new text begin (1) the Minnesota Department of Natural Resources for
managing and maintaining brushland and open land habitat on
public and private lands, including, but not limited to,
provisions of sections 84.941, 84.942, and 97A.125; and
new text end

new text begin (2) the Minnesota Forest Resources Council for logging
slash, using the most recent available scientific information
regarding the removal of woody biomass from forest lands, to
sustain the management of forest resources as defined by section
89.001, subdivisions 8 and 9, with particular attention to soil
productivity, biological diversity as defined by section 89A.01,
subdivision 3, and wildlife habitat.
new text end

new text begin These guidelines must be completed by July 1, 2007, and the
process of developing them must incorporate public notification
and comment.
new text end

new text begin (i) The University of Minnesota Initiative for Renewable
Energy and the Environment is encouraged to solicit and fund
high-quality research projects to develop and consolidate
scientific information regarding the removal of woody biomass
from forest and brush lands, with particular attention to the
environmental impacts on soil productivity, biological
diversity, and sequestration of carbon. The results of this
research shall be made available to the public.
new text end

new text begin (j) The two utilities owning or controlling, directly or
indirectly, the biomass project described in subdivision 5a,
paragraph (b), fund or obtain funding of $150,000 by April 1,
2006, to complete the guidelines or best management practices
described in paragraph (h). The expenditures to be funded under
this paragraph do not include any of the expenditures to be
funded under paragraph (i).
new text end

Sec. 149.

Minnesota Statutes 2004, section 216B.2424,
subdivision 2, is amended to read:

Subd. 2.

Interim exemption.

(a) A biomass project
proposing to use, as its primary fuel over the life of the
project, short-rotation woody crops, may use as an interim fuel
agricultural waste and other biomass which is not farm-grown
closed-loop biomass for up to six years after the project's
electric generating facility becomes operational; provided, the
project developer demonstrates the project will use the
designated short-rotation woody crops as its primary fuel after
the interim period and provided the location of the interim fuel
production meets the requirements of subdivision 1, paragraph
(a), clause (3).

(b) A biomass project proposing to use, as its primary fuel
over the life of the project, short-rotation woody crops, may
use as an interim fuel agricultural waste and other biomass
which is not farm-grown closed-loop biomass for up to three
years after the project's electric generating facility becomes
operational; provided, the project developer demonstrates the
project will use the designated short-rotation woody crops as
its primary fuel after the interim period.

(c) A biomass project that uses an interim fuel under the
terms of paragraph (b) may, in addition, use an interim fuel
under the terms of paragraph (a) for six years less the number
of years that an interim fuel was used under paragraph (b).

(d) A project developer proposing to use an exempt interim
fuel under paragraphs (a) and (b) must demonstrate to the public
utility that the project will have an adequate supply of
short-rotation woody crops which meet the requirements of
subdivision 1 to fuel the project after the interim period.

new text begin (e) If a biomass project using an interim fuel under this
subdivision is or becomes owned or controlled, directly or
indirectly, by two municipal utilities as described in
subdivision 5a, paragraph (b), the project is deemed to comply
with the requirement under this subdivision to use farm-grown
closed-loop biomass as its primary fuel if farm-grown
closed-loop biomass comprises no less than 25 percent of the
fuel used over the life of the project. For purposes of this
subdivision, "life of the project" means 20 years from the date
the project becomes operational or the term of the applicable
power purchase agreement between the project owner and the
public utility, whichever is longer.
new text end

Sec. 150.

Minnesota Statutes 2004, section 216B.2424,
subdivision 5a, is amended to read:

Subd. 5a.

Reduction of biomass mandate.

(a)
Notwithstanding subdivision 5, the biomass electric energy
mandate deleted text begin shall deleted text end new text begin must new text end be reduced from 125 megawatts to 110
megawatts.

(b) The Public Utilities Commission shall approve a request
pending before the deleted text begin Public Utilities deleted text end commission as of May 15,
2003, for deleted text begin an amendment deleted text end new text begin amendments to new text end and assignment of a
deleted text begin contract for power from deleted text end new text begin power purchase agreement with the owner
of new text end a facility that uses short-rotation, woody crops as its
primary fuel previously approved to satisfy a portion of the
biomass mandate if the deleted text begin developer deleted text end new text begin owner new text end of the project agrees to
reduce the size of its project from 50 megawatts to 35
megawatts, while maintaining deleted text begin a deleted text end new text begin an average new text end price for energy deleted text begin at or
below the current contract price.deleted text end new text begin in nominal dollars measured
over the term of the power purchase agreement at or below $104
per megawatt-hour, exclusive of any price adjustments that may
take effect subsequent to commission approval of the power
purchase agreement, as amended. The commission shall also
approve, as necessary, any subsequent assignment or sale of the
power purchase agreement or ownership of the project to an
entity owned or controlled, directly or indirectly, by two
municipal utilities located north of Constitutional Route No. 8,
as described in section 161.114, which currently own electric
and steam generation facilities using coal as a fuel and which
propose to retrofit their existing municipal electrical
generating facilities to utilize biomass fuels in order to
perform the power purchase agreement.
new text end

new text begin (c) If the power purchase agreement described in paragraph
(b) is assigned to an entity that is, or becomes, owned or
controlled, directly or indirectly, by two municipal entities as
described in paragraph (b), and the power purchase agreement
meets the price requirements of paragraph (b), the commission
shall approve any amendments to the power purchase agreement
necessary to reflect the changes in project location and
ownership and any other amendments made necessary by those
changes. The commission shall also specifically find that:
new text end

new text begin (1) the power purchase agreement complies with and fully
satisfies the provisions of this section to the full extent of
its 35-megawatt capacity;
new text end

new text begin (2) all costs incurred by the public utility and all
amounts to be paid by the public utility to the project owner
under the terms of the power purchase agreement are fully
recoverable pursuant to section 216B.1645;
new text end

new text begin (3) subject to prudency review by the commission, the
public utility may recover from its Minnesota retail customers
the Minnesota jurisdictional portion of the amounts that may be
incurred and paid by the public utility during the full term of
the power purchase agreement; and
new text end

new text begin (4) if the purchase power agreement meets the requirements
of this subdivision, it is reasonable and in the public interest.
new text end

new text begin (d) The commission shall specifically approve recovery by
the public utility of any and all Minnesota jurisdictional costs
incurred by the public utility to improve, construct, install,
or upgrade transmission, distribution, or other electrical
facilities owned by the public utility or other persons in order
to permit interconnection of the retrofitted biomass-fueled
generating facilities or to obtain transmission service for the
energy provided by the facilities to the public utility pursuant
to section 216B.1645, and shall disapprove any provision in the
power purchase agreement that requires the developer or owner of
the project to pay the jurisdictional costs or that permit the
public utility to terminate the power purchase agreement as a
result of the existence of those costs or the public utility's
obligation to pay any or all of those costs.
new text end

Sec. 151.

Minnesota Statutes 2004, section 216B.2424,
subdivision 6, is amended to read:

Subd. 6.

Remaining megawatt compliance process.

(a) If
there remain megawatts of biomass power generating capacity to
fulfill the mandate in subdivision 5 after the commission has
taken final action on all contracts filed by September 1, 2000,
by a public utility, new text begin as amended and assigned,new text end this subdivision
governs final compliance with the biomass energy mandate in
subdivision 5 subject to the requirements of subdivisions 7 and
8.

(b) To the extent not inconsistent with this subdivision,
the provisions of subdivisions 2, 3, 4, and 5 apply to proposals
subject to this subdivision.

(c) A public utility must submit proposals to the
commission to complete the biomass mandate. The commission
shall require a public utility subject to this section to issue
a request for competitive proposals for projects for electric
generation utilizing biomass as defined in paragraph (f) of this
subdivision to provide the remaining megawatts of the mandate.
The commission shall set an expedited schedule for submission of
proposals to the utility, selection by the utility of proposals
or projects, negotiation of contracts, and review by the
commission of the contracts or projects submitted by the utility
to the commission.

(d) Notwithstanding the provisions of subdivisions 1 to 5
but subject to the provisions of subdivisions 7 and 8, a new or
existing facility proposed under this subdivision that is fueled
either by biomass or by co-firing biomass with nonbiomass may
satisfy the mandate in this section. Such a facility need not
use biomass that complies with the definition in subdivision 1
if it uses biomass as defined in paragraph (f) of this
subdivision. Generating capacity produced by co-firing of
biomass that is operational as of April 25, 2000, does not meet
the requirements of the mandate, except that additional
co-firing capacity added at an existing facility after April 25,
2000, may be used to satisfy this mandate. Only the number of
megawatts of capacity at a facility which co-fires biomass that
are directly attributable to the biomass and that become
operational after April 25, 2000, count toward meeting the
biomass mandate in this section.

(e) Nothing in this subdivision precludes a facility
proposed and approved under this subdivision from using fuel
sources that are not biomass in compliance with subdivision 3.

(f) Notwithstanding the provisions of subdivision 1, for
proposals subject to this subdivision, "biomass" includes
farm-grown closed-loop biomass; agricultural wastes, including
animal, poultry, and plant wastes; and waste wood, including
chipped wood, bark, brush, residue wood, and sawdust.

(g) Nothing in this subdivision affects in any way
contracts entered into as of April 25, 2000, to satisfy the
mandate in subdivision 5.

(h) Nothing in this subdivision requires a public utility
to retrofit its own power plants for the purpose of co-firing
biomass fuel, nor is a utility prohibited from retrofitting its
own power plants for the purpose of co-firing biomass fuel to
meet the requirements of this subdivision.

Sec. 152.

Minnesota Statutes 2004, section 216B.2424,
subdivision 8, is amended to read:

Subd. 8.

Agricultural biomass requirement.

Of the 125
megawatts mandated in subdivision 5, new text begin or 110 megawatts mandated
in subdivision 5a,new text end at least 75 megawatts of the generating
capacity must be generated by facilities that use agricultural
biomass as the principal fuel source. For purposes of this
subdivision, agricultural biomass includes only farm-grown
closed-loop biomass and agricultural waste, including animal,
poultry, and plant wastes. For purposes of this subdivision,
"principal fuel source" means a fuel source that satisfies at
least 75 percent of the fuel requirements of an electric power
generating facility. Nothing in this subdivision is intended to
expand the fuel source requirements of subdivision 5.

Sec. 153.

Minnesota Statutes 2004, section 282.08, is
amended to read:

282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

The net proceeds from the sale or rental of any parcel of
forfeited land, or from the sale of products from the forfeited
land, must be apportioned by the county auditor to the taxing
districts interested in the land, as follows:

(1) the amounts necessary to pay the state general tax levy
against the parcel for taxes payable in the year for which the
tax judgment was entered, and for each subsequent payable year
up to and including the year of forfeiture, must be apportioned
to the state;

(2) the portion required to pay any amounts included in the
appraised value under section 282.01, subdivision 3, as
representing increased value due to any public improvement made
after forfeiture of the parcel to the state, but not exceeding
the amount certified by the clerk of the municipality must be
apportioned to the municipal subdivision entitled to it;

(3) the portion required to pay any amount included in the
appraised value under section 282.019, subdivision 5,
representing increased value due to response actions taken after
forfeiture of the parcel to the state, but not exceeding the
amount of expenses certified by the Pollution Control Agency or
the commissioner of agriculture, must be apportioned to the
agency or the commissioner of agriculture and deposited in the
fund from which the expenses were paid;

(4) the portion of the remainder required to discharge any
special assessment chargeable against the parcel for drainage or
other purpose whether due or deferred at the time of forfeiture,
must be apportioned to the municipal subdivision entitled to it;
and

(5) any balance must be apportioned as follows:

(i) The county board may annually by resolution set aside
no more than 30 percent of the receipts remaining to be used for
deleted text begin timber deleted text end new text begin forest new text end development on tax-forfeited land and dedicated
memorial forests, to be expended under the supervision of the
county board. It must be expended only on projects deleted text begin approved by
the commissioner of natural resources deleted text end new text begin improving the health and
management of the forest resourcenew text end .

(ii) The county board may annually by resolution set aside
no more than 20 percent of the receipts remaining to be used for
the acquisition and maintenance of county parks or recreational
areas as defined in sections 398.31 to 398.36, to be expended
under the supervision of the county board.

(iii) Any balance remaining must be apportioned as
follows: county, 40 percent; town or city, 20 percent; and
school district, 40 percent, provided, however, that in
unorganized territory that portion which would have accrued to
the township must be administered by the county board of
commissioners.

Sec. 154.

Minnesota Statutes 2004, section 282.38,
subdivision 1, is amended to read:

Subdivision 1.

Development.

In any county where the
county board by proper resolution sets aside funds for deleted text begin timber
deleted text end new text begin forest new text end development pursuant to section 282.08,
clause deleted text begin (3)(a) deleted text end new text begin (5), item (i)new text end , or section 459.06, subdivision 2,
the deleted text begin Commission deleted text end new text begin commissioner new text end of Iron Range resources new text begin and
rehabilitation new text end may upon request of the county board assist said
county in carrying out any project for the long range
development of its deleted text begin timber deleted text end new text begin forest new text end resources through matching of
funds or otherwisedeleted text begin , provided that any such project shall first
be approved by the commissioner of natural resourcesdeleted text end .

Sec. 155.

Minnesota Statutes 2004, section 296A.18,
subdivision 2, is amended to read:

Subd. 2.

Motorboat.

Approximately 1-1/2 percent of all
gasoline received in this state and 1-1/2 percent of all
gasoline produced or brought into this state, except gasoline
used for aviation purposes, is being used as fuel for the
operation of motorboats on the waters of this state and of the
total revenue derived from the imposition of the gasoline fuel
tax for uses other than for aviation purposes, 1-1/2 percent of
such revenues is the amount of tax on fuel used in motorboats
operated on the waters of this state. The amount of unrefunded
tax paid on gasoline used for motor boat purposes as computed in
this chapter shall be paid into the state treasury and credited
to a water recreation account in the special revenue fund for
acquisition, development, maintenance, and rehabilitation of
sites for public access and boating facilities on public waters;
lake and river improvement; deleted text begin state park development;deleted text end and boat and
water safety.

Sec. 156.

Minnesota Statutes 2004, section 349.12,
subdivision 25, is amended to read:

Subd. 25.

Lawful purpose.

(a) "Lawful purpose" means one
or more of the following:

(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided
that the organization and expenditure or contribution are in
conformity with standards prescribed by the board under section
349.154, which standards must apply to both types of
organizations in the same manner and to the same extent;

(2) a contribution to an individual or family suffering
from poverty, homelessness, or physical or mental disability,
which is used to relieve the effects of that poverty,
homelessness, or disability;

(3) a contribution to an individual for treatment for
delayed posttraumatic stress syndrome or a contribution to a
program recognized by the Minnesota Department of Human Services
for the education, prevention, or treatment of compulsive
gambling;

(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited
by this state or any other state;

(5) a contribution to a scholarship fund for defraying the
cost of education to individuals where the funds are awarded
through an open and fair selection process;

(6) activities by an organization or a government entity
which recognize humanitarian or military service to the United
States, the state of Minnesota, or a community, subject to rules
of the board, provided that the rules must not include mileage
reimbursements in the computation of the per diem reimbursement
limit and must impose no aggregate annual limit on the amount of
reasonable and necessary expenditures made to support:

(i) members of a military marching or color guard unit for
activities conducted within the state;

(ii) members of an organization solely for services
performed by the members at funeral services; or

(iii) members of military marching, color guard, or honor
guard units may be reimbursed for participating in color guard,
honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35
per diem;

(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided
that such facilities and activities do not discriminate on the
basis of gender and the organization complies with section
349.154;

(8) payment of local taxes authorized under this chapter,
taxes imposed by the United States on receipts from lawful
gambling, the taxes imposed by section 297E.02, subdivisions 1,
4, 5, and 6, and the tax imposed on unrelated business income by
section 290.05, subdivision 3;

(9) payment of real estate taxes and assessments on
permitted gambling premises wholly owned by the licensed
organization paying the taxes, or wholly leased by a licensed
veterans organization under a national charter recognized under
section 501(c)(19) of the Internal Revenue Code, not to exceed:

(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and

(ii) $35,000 per year for premises used for other forms of
lawful gambling;

(10) a contribution to the United States, this state or any
of its political subdivisions, or any agency or instrumentality
thereof other than a direct contribution to a law enforcement or
prosecutorial agency;

(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered
in common membership for mutual support and edification in
piety, worship, or religious observances;

(12) payment of the reasonable costs of an audit required
in section 297E.06, subdivision 4, provided the annual audit is
filed in a timely manner with the Department of Revenue;

(13) a contribution to or expenditure on deleted text begin a wildlife
management project that benefits the public at-large, provided
that the state agency with authority over that wildlife
management project approves the project before the contribution
or expenditure is made;
deleted text end

deleted text begin (14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining
snowmobile trails and all-terrain vehicle trails that are (1)
grant-in-aid trails established under section 85.019, or (2)
other trails open to public use, including purchase or lease of
equipment for this purpose; deleted text end new text begin projects or activities approved by
the commissioner of natural resources for:
new text end

new text begin (i) wildlife management projects that benefit the public at
large;
new text end

new text begin (ii) grant-in-aid trail maintenance and grooming
established under sections 84.83 and 84.927 and other trails
open to public use, including purchase or lease of equipment for
this purpose; or
new text end

new text begin (iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural
Resources, including the Enforcement Division;
new text end

deleted text begin (15) deleted text end new text begin (14) new text end conducting nutritional programs, food shelves,
and congregate dining programs primarily for persons who are age
62 or older or disabled;

deleted text begin (16) deleted text end new text begin (15) new text end a contribution to a community arts organization,
or an expenditure to sponsor arts programs in the community,
including but not limited to visual, literary, performing, or
musical arts;

deleted text begin (17) deleted text end new text begin (16) new text end an expenditure by a licensed veterans
organization for payment of water, fuel for heating,
electricity, and sewer costs for a building wholly owned or
wholly leased by and used as the primary headquarters of the
licensed veterans organization;

deleted text begin (18) deleted text end new text begin (17) new text end expenditure by a licensed veterans organization
of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to
members and spouses, held in recognition of military service.
No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing
the same veterans post home; or

deleted text begin (19) deleted text end new text begin (18) new text end payment of fees authorized under this chapter
imposed by the state of Minnesota to conduct lawful gambling in
Minnesota.

(b) Notwithstanding paragraph (a), "lawful purpose" does
not include:

(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public
office or for the purpose of promoting or defeating a ballot
question;

(2) any activity intended to influence an election or a
governmental decision-making process;

(3) the erection, acquisition, improvement, expansion,
repair, or maintenance of real property or capital assets owned
or leased by an organization, unless the board has first
specifically authorized the expenditures after finding that (i)
the real property or capital assets will be used exclusively for
one or more of the purposes in paragraph (a); (ii) with respect
to expenditures for repair or maintenance only, that the
property is or will be used extensively as a meeting place or
event location by other nonprofit organizations or community or
service groups and that no rental fee is charged for the use;
(iii) with respect to expenditures, including a mortgage payment
or other debt service payment, for erection or acquisition only,
that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and
destroyed or made uninhabitable by fire or natural disaster,
provided that the expenditure may be only for that part of the
replacement cost not reimbursed by insurance; (iv) with respect
to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the
erection or acquisition is necessary to replace with a
comparable building a building owned by the organization that
was acquired from the organization by eminent domain or sold by
the organization to a purchaser that the organization reasonably
believed would otherwise have acquired the building by eminent
domain, provided that the expenditure may be only for that part
of the replacement cost that exceeds the compensation received
by the organization for the building being replaced; or (v) with
respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item
(ii), an organization has the option to apply the amount of the
board-approved expenditure to the erection or acquisition of a
replacement building that is in compliance with the Americans
with Disabilities Act;

(4) an expenditure by an organization which is a
contribution to a parent organization, foundation, or affiliate
of the contributing organization, if the parent organization,
foundation, or affiliate has provided to the contributing
organization within one year of the contribution any money,
grants, property, or other thing of value;

(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically
authorized the contribution. The board must authorize such a
contribution when requested to do so by the contributing
organization unless it makes an affirmative finding that the
contribution will not be used by the recipient organization for
one or more of the purposes in paragraph (a); or

(6) a contribution to a statutory or home rule charter
city, county, or town by a licensed organization with the
knowledge that the governmental unit intends to use the
contribution for a pension or retirement fund.

Sec. 157.

Minnesota Statutes 2004, section 462.357,
subdivision 1e, is amended to read:

Subd. 1e.

Nonconformities.

new text begin (a) new text end Any nonconformity,
including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:

(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or

(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.

new text begin (b) new text end Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.

new text begin (c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or
expansion of nonconforming uses and structures in floodplain
areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage
potential or increase the degree of obstruction to flood flows
in the floodway.
new text end

Sec. 158.

new text begin [473.1565] METROPOLITAN AREA WATER SUPPLY
PLANNING ACTIVITIES; ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Planning activities. new text end

new text begin (a) The Metropolitan
Council must carry out planning activities addressing the water
supply needs of the metropolitan area as defined in section
473.121, subdivision 2. The planning activities must include,
at a minimum:
new text end

new text begin (1) development and maintenance of a base of technical
information needed for sound water supply decisions including
surface and groundwater availability analyses, water demand
projections, water withdrawal and use impact analyses, modeling,
and similar studies;
new text end

new text begin (2) development and periodic update of a metropolitan area
master water supply plan that:
new text end

new text begin (i) provides guidance for local water supply systems and
future regional investments;
new text end

new text begin (ii) emphasizes conservation, interjurisdictional
cooperation, and long-term sustainability; and
new text end

new text begin (iii) addresses the reliability, security, and
cost-effectiveness of the metropolitan area water supply system
and its local and subregional components;
new text end

new text begin (3) recommendations for clarifying the appropriate roles
and responsibilities of local, regional, and state government in
metropolitan area water supply;
new text end

new text begin (4) recommendations for streamlining and consolidating
metropolitan area water supply decision-making and approval
processes; and
new text end

new text begin (5) recommendations for the ongoing and long-term funding
of metropolitan area water supply planning activities and
capital investments.
new text end

new text begin (b) The council must carry out the planning activities in
this subdivision in consultation with the metropolitan area
water supply advisory committee established in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Advisory committee. new text end

new text begin (a) A metropolitan area
water supply advisory committee is established to assist the
council in its planning activities in subdivision 1. The
advisory committee has the following membership:
new text end

new text begin (1) the commissioner of agriculture or the commissioner's
designee;
new text end

new text begin (2) the commissioner of health or the commissioner's
designee;
new text end

new text begin (3) the commissioner of natural resources or the
commissioner's designee;
new text end

new text begin (4) the commissioner of the pollution control agency or the
commissioner's designee;
new text end

new text begin (5) two officials of counties that are located in the
metropolitan area, appointed by the governor;
new text end

new text begin (6) five officials of noncounty local governmental units
that are located in the metropolitan area, appointed by the
governor; and
new text end

new text begin (7) the chair of the Metropolitan Council or the chair's
designee, who is chair of the advisory committee.
new text end

new text begin A local government unit in each of the seven counties in
the metropolitan area must be represented in the seven
appointments made under clauses (5) and (6).
new text end

new text begin (b) Members of the advisory committee appointed by the
governor serve at the pleasure of the governor. Members of the
advisory committee serve without compensation but may be
reimbursed for their reasonable expenses as determined by the
Metropolitan Council. The advisory committee expires December
31, 2007.
new text end

new text begin (c) The council must consider the work and recommendations
of the advisory committee when the council is preparing its
regional development framework.
new text end

new text begin Subd. 3.new text end

new text begin Reports to legislature.new text end

new text begin The council must submit
reports to the legislature regarding its findings,
recommendations, and continuing planning activities under
subdivision 1. The first report must be submitted to the
legislature by the date the legislature convenes in 2007 and
subsequent reports must be submitted by such date every five
years thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 159.

Minnesota Statutes 2004, section 477A.12, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Annual appropriation for fiscal year 2007 and
each year thereafter. new text end

new text begin Notwithstanding subdivision 3, for the
payment made in fiscal year 2007 and each year thereafter, the
appraised value of acquired natural resources land that was
acquired or received prior to July 1, 2004, shall be the value
used for the payment made in fiscal year 2006.
new text end

Sec. 160.

Minnesota Statutes 2004, section 477A.145, is
amended to read:

477A.145 INFLATION ADJUSTMENT.

new text begin Subdivision 1. new text end

new text begin Inflation adjustment calculation. new text end

In 2001
and each year thereafter, the amounts required to be adjusted
for inflation in sections 477A.12 and 477A.14 shall be increased
to an amount equal to: (1) the amount before the inflation
adjustment multiplied by (2) one plus the percentage increase in
the implicit price deflator for government consumption
expenditures and gross investment for state and local
governments prepared by the Bureau of Economic Analysis of the
United States Department of Commerce for the period indicated
below:

(i) the period starting with the first quarter of 1994 and
ending with the third quarter of the calendar year prior to the
year in which aid is paid, provided that lands acquired by the
state under chapter 84A that are designated as state parks,
state recreation areas, scientific and natural areas, or
wildlife management areas are included in the definition of
acquired natural resource land under section 477A.11 for
calculating payments in calendar year 2001 and thereafter;

(ii) otherwise the period starting with the first quarter
of 1987 and ending with the third quarter of the calendar year
prior to the year in which the aid is paid.

These adjusted amounts must be rounded to the nearest one-tenth
of a cent.

new text begin Subd. 2. new text end

new text begin Adjustments for fiscal year 2007 and each year
thereafter. new text end

new text begin Notwithstanding subdivision 1, for the payments
made in fiscal year 2007 and each year thereafter, the inflation
adjustments shall be the amounts determined for the payment made
in fiscal year 2006.
new text end

Sec. 161.

Laws 2003, chapter 128, article 1, section 5,
subdivision 6, is amended to read:

Subd. 6.

Trails and Waterways
Management

24,060,000 21,173,000

Summary by Fund

General 1,234,000 1,234,000

Natural Resources 20,655,000 18,255,000

Game and Fish 2,171,000 1,684,000

$5,724,000 the first year and
$5,724,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid.

$261,000 the first year and $261,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior.

$690,000 the first year and $690,000
the second year are from the natural
resources fund for state trail
operations. This appropriation is from
the revenue deposited to the natural
resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (2). This is a onetime
appropriation.

$553,000 the first year and $553,000
the second year are from the natural
resources fund for trail grants to
local units of government on land to be
maintained for at least 20 years for
the purposes of the grant. This
appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (4).
This is a onetime appropriation.

The appropriation in Laws 2001, First
Special Session chapter 2, section 5,
subdivision 6, from the water
recreation account in the natural
resources fund for preconstruction,
acquisition, and staffing needs for the
Mississippi Whitewater trail authorized
by Minnesota Statutes, section 85.0156,
is available until June 30, 2005.

Upon a showing of need, the
commissioner of natural resources may
use up to 50 percent of a snowmobile
maintenance and grooming grant under
Minnesota Statutes, section 84.83, that
was available as of December 31, 2002,
to reimburse the intended recipient for
expenses incurred in the purchase or
lease of snowmobile trail grooming
equipment to be used for grant-in-aid
trails. The costs must be incurred
between July 1, 2002, and June 30,
2003, and recipients must provide
acceptable documentation of the costs
to the commissioner. All applications
for reimbursement under this section
must be received no later than
September 1, 2003.

$1,000,000 the first year and $600,000
the second year are from the natural
resources fund for off-highway vehicle
trail designation, development,
maintenance, and repair. Of this
amount, $600,000 the first year and
$360,000 the second year are from the
all-terrain vehicle account, $50,000
the first year and $30,000 the second
year are from the off-highway
motorcycle account, and $350,000 the
first year and $210,000 the second year
are from the off-road vehicle account.

$1,000,000 the first year is from the
natural resources fund for the Iron
Range off-highway vehicle recreation
area. Of this amount, $600,000 is from
the all-terrain vehicle account,
$350,000 is from the off-road vehicle
account, and $50,000 is from the
off-highway motorcycle account. This
appropriation is available until
expended.

By August 1, 2003, the commissioner of
finance shall transfer $475,000 from
the all-terrain vehicle account,
$20,000 from the off-highway motorcycle
account, and $5,000 from the off-road
vehicle account to the off-highway
vehicle damage account in Minnesota
Statutes, section 84.780.

$300,000 is from the snowmobile trails
and enforcement account in the natural
resources fund to acquire permanent
easements for a snowmobile trail to
connect the Willard Munger State Trail
in Hermantown to the North Shore State
Trail in Duluth. This is a onetime
appropriation and is available until
expended.

$700,000 the first year is from the
water recreation account in the natural
resources fund for a cooperative
project with the U.S. Army Corps of
Engineers to develop the Mississippi
Whitewater Park. Of this amount,
$525,000 is available to provide a
match for $975,000 of federal funds, in
a ratio of 65 percent federal to 35
percent state, for construction design
development. $175,000 is available for
use by the department for project
management, including costs for the
project review team, real estate
acquisition, staff coordination of the
project, and legal services.

new text begin The appropriation in this subdivision
from the water recreation account in
the natural resources fund for a
cooperative project with the U.S. Army
Corps of Engineers to develop the
Mississippi Whitewater Park authorized
by Minnesota Statutes, section 85.0156,
is available until June 30, 2007.
new text end

Sec. 162.

Laws 2003, chapter 128, article 1, section 9,
subdivision 6, is amended to read:

Subd. 6.

Recreation 7,622,000 5,870,000

Summary by Fund

Trust Fund 5,622,000 5,870,000

State Land and Conservation
Account (LAWCON) 2,000,000

(a) State Park and Recreation Area Land
Acquisition

$750,000 the first year and $750,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire in-holdings for
state park and recreation areas. Land
acquired with this appropriation must
be sufficiently improved to meet at
least minimum management standards as
determined by the commissioner of
natural resources. This appropriation
is available until June 30, 2006, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.

(b) LAWCON Federal Reimbursements

$2,000,000 is from the state land and
water conservation account (LAWCON) in
the natural resources fund to the
commissioner of natural resources for
eligible state projects and
administrative and planning activities
consistent with Minnesota Statutes,
section 116P.14, and the federal Land
and Water Conservation Fund Act. This
appropriation is contingent upon
receipt of the federal obligation and
remains available until June 30, 2006,
at which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.

(c) Local Initiative Grants-Parks and
Natural Areas

$1,290,000 the first year and
$1,289,000 the second year are from the
trust fund to the commissioner of
natural resources for matching grants
to local governments for acquisition
and development of natural and scenic
areas and local parks as provided in
Minnesota Statutes, section 85.019,
subdivisions 2 and 4a, and regional
parks outside of the metropolitan
area. Grants may provide up to 50
percent of the nonfederal share of the
project cost, except nonmetropolitan
regional park grants may provide up to
60 percent of the nonfederal share of
the project cost. The commission will
monitor the grants for approximate
balance over extended periods of time
between the metropolitan area, under
Minnesota Statutes, section 473.121,
subdivision 2, and the nonmetropolitan
area through work program oversight and
periodic allocation decisions. For the
purposes of this paragraph, the match
must be a nonstate contribution, but
may be either cash or qualifying
in-kind. Recipients may receive
funding for more than one project in
any given grant period. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered.

(d) Metropolitan Regional Parks
Acquisition, Rehabilitation, and
Development

$1,670,000 the first year and
$1,669,000 the second year are from the
trust fund to the commissioner of
natural resources for an agreement with
the metropolitan council for subgrants
for the acquisition, development, and
rehabilitation in the metropolitan
regional park system, consistent with
the metropolitan council regional
recreation open space capital
improvement plan. This appropriation
may not be used for the purchase of
residential structures. This
appropriation may be used to reimburse
implementing agencies for acquisition
of nonresidential property as expressly
approved in the work program. This
appropriation is available until June
30, 2006, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program. In
addition, if a project financed under
this program receives a federal grant,
the availability of the financing from
this paragraph for that project is
extended to equal the period of the
federal grant.

(e) Local and Regional Trail Grant
Initiative Program

$160,000 the first year and $160,000
the second year are from the trust fund
to the commissioner of natural
resources to provide matching grants to
local units of government for the cost
of acquisition, development,
engineering services, and enhancement
of existing and new trail facilities.
This appropriation is available until
June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
In addition, if a project financed
under this program receives a federal
grant, the availability of the
financing from this paragraph for that
project is extended to equal the period
of the federal grant.

(f) Gitchi-Gami State Trail

$650,000 the first year and $650,000
the second year are from the trust fund
to the commissioner of natural
resources, in cooperation with the
Gitchi-Gami Trail Association, for the
third biennium, to design and construct
approximately five miles of Gitchi-Gami
state trail segments. This
appropriation must be matched by at
least $400,000 of nonstate money. The
availability of the financing from this
paragraph is extended to equal the
period of any federal money received.

(g) Water Recreation: Boat Access,
Fishing Piers, and Shore-fishing

$450,000 the first year and $700,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire and develop public
water access sites statewide, construct
shore-fishing and pier sites, and
restore shorelands at public accesses.
This appropriation is available until
June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(h) Mesabi Trail

$190,000 the first year and $190,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with St.
Louis and Lake Counties Regional Rail
Authority for the sixth biennium to
acquire and develop segments of the
Mesabi trail. If a federal grant is
received, the availability of the
financing from this paragraph is
extended to equal the period of the
federal grant.

(i) Linking Communities Design,
Technology, and DNR Trail Resources

$92,000 the first year and $92,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the University of
Minnesota to provide designs for up to
three state trails incorporating
recreation, natural, and cultural
features.

(j) Ft. Ridgley Historic Site
Interpretive Trail

$75,000 the first year and $75,000 the
second year are from the trust fund to
the Minnesota historical society to
construct a trail through the original
fort site and install interpretive
markers. This appropriation is
available until June 30, 2006, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.

(k) Development and Rehabilitation of
Minnesota Shooting Ranges

$120,000 the first year and $120,000
the second year are from the trust fund
to the commissioner of natural
resources to provide technical
assistance and matching cost-share
grants to local recreational shooting
and archery clubs for the purpose of
developing or rehabilitating shooting
and archery facilities for public use.
Recipient facilities must be open to
the general public at reasonable times
and for a reasonable fee on a walk-in
basis. This appropriation is available
until June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(l) Land Acquisition, Minnesota
Landscape Arboretum

$175,000 the first year and $175,000
the second year are from the trust fund
to the University of Minnesota for an
agreement with the University of
Minnesota Landscape Arboretum
Foundation for the fifth biennium to
acquire deleted text begin in-holdings within the
arboretum's boundary deleted text end new text begin land from willing
sellersnew text end . This appropriation must be
matched by an equal amount of nonstate
money. This appropriation is available
until June 30, 2006, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

Sec. 163.

Laws 2003, chapter 128, article 1, section 167,
subdivision 1, is amended to read:

Subdivision 1.

Forest classification status review.

(a)
By December 31, 2006, the commissioner of natural resources
shall complete a review of the forest classification status of
all state forests classified as managed new text begin or limitednew text end , all forest
lands under the authority of the commissioner as defined in
Minnesota Statutes, section 89.001, subdivision 13, and lands
managed by the commissioner under Minnesota Statutes, section
282.011. The review must be conducted on a forest-by-forest and
area-by-area basis in accordance with the process and criteria
under Minnesota Rules, part 6100.1950. After each forest is
reviewed, the commissioner must change its status to limited or
closed, and must provide a similar status for each of the other
areas subject to review under this section after each individual
review is completed.

(b) If the commissioner determines on January 1, 2005, that
the review required under this section cannot be completed by
December 31, 2006, the completion date for the review shall be
extended to December 31, 2008. By January 15, 2005, the
commissioner shall report to the chairs of the legislative
committees with jurisdiction over natural resources policy and
finance regarding the status of the process required by this
section.

(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota
Statutes, section 84.777, unless an individual forest or area
has been classified as limited or closed.

new text begin (d) This subdivision does not apply to forest lands north
of U.S. Highway 2. All forest lands under the authority of the
commissioner as defined in Minnesota Statutes, section 89.001,
subdivision 13, and lands managed by the commissioner under
Minnesota Statutes, section 282.011, that are north of U.S.
Highway 2 shall maintain their present classification unless the
commissioner reclassifies the lands under Minnesota Rules, part
6100.1950.
new text end

Sec. 164.

Laws 2004, chapter 220, section 1, is amended to
read:

Section 1.

Environmental review; iron nugget production
scale demonstration facility exemption.

(a) The first iron nugget production scale demonstration
facility that meets all of the criteria in this section shall be
exempt from environmental review under Minnesota Statutes,
chapter 116D and Minnesota Rules, chapter 4410. The qualifying
project must:

(1) be the first iron nugget production scale demonstration
facility in Minnesota;

(2) involve a single rotary hearth furnace of maximum
deleted text begin outside deleted text end new text begin pitch circle new text end diameternew text begin , as measured from the midpoint of
hearth to the midpoint of hearth,new text end of 60 meters;

(3) be located outside the area adjacent to the north shore
of Lake Superior classified as the lake orientation zone in the
Department of Natural Resources report entitled "North Shore
Characterization Study"; and

(4) have complete permit applications submitted to the
appropriate state agencies deleted text begin in calendar year 2004 deleted text end new text begin by June 30,
2005,new text end for all permits required to construct and operate the
facility.

(b) The Department of Natural Resources, the Environmental
Quality Board, the Pollution Control Agency, and any other state
agency with applicable permit-granting authority shall provide
public notice for any necessary permits for the iron nugget
production scale demonstration facility within four months of
receiving complete applications.

(c) If the first iron nugget production scale demonstration
facility to qualify for this exemption is proposed at a
stationary source that has permitted taconite pellet furnaces,
permanent shutdown of those pellet furnaces, prior to start-up
of the iron nugget production scale demonstration facility,
shall be a requirement in the iron nugget production scale
demonstration facility air quality permit. The shutdown of
these furnaces shall not be creditable in calculating the "net
emissions increase," as defined in Code of Federal Regulations,
title 40, section 52.21, for this project.

(d) The Pollution Control Agency shall strive in the
permitting process to assure the lowest mercury emissions
reasonably possible.

(e) Permit applications must comply with applicable law,
except that an iron nugget production scale demonstration
facility that meets the criteria in this section is exempt from
environmental review under Minnesota Statutes, chapter 116D and
Minnesota Rules, chapter 4410, and the company is not required
to perform an environmental review before permits are issued for
the iron nugget production scale demonstration facility.

(f) The construction and operation of the iron nugget
production scale demonstration facility will demonstrate whether
the technology is technically and economically feasible at this
larger scale. Environmental data from the operation of the iron
nugget production scale demonstration facility may be used in
the environmental review and permitting of commercial scale
facilities built elsewhere in Minnesota.

(g) The exemption does not affect any existing permit
requirement that may require environmental review for a
commercial scale iron nugget facility at an existing taconite
facility located within the area adjacent to the north shore of
Lake Superior classified as the lake orientation zone in the
Department of Natural Resources report entitled "North Shore
Characterization Study."

new text begin EFFECTIVE DATE. new text end

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

Sec. 165. new text begin CONTINUATION OF AGREEMENTS.
new text end

new text begin An agreement entered into between the Metropolitan Council
and a participant in the credit enhancement program under
Minnesota Statutes 2004, section 473.197, subdivision 5, with
respect to bonds issued prior to the effective date of this
section, shall continue in effect in accordance with its terms;
provided that no provision in such agreement shall be construed
to require or allow the council to pledge its full faith and
credit and taxing powers to the payment of additional bonds
issued after the effective date of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 166. new text begin USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
new text end

new text begin The Metropolitan Council must transfer any funds
originating from the proceeds of solid waste bonds and available
for the credit enhancement program under Minnesota Statutes
2004, section 473.197, subdivision 4, to the council's general
fund to the extent such funds are no longer pledged or otherwise
needed by the council to maintain a debt reserve fund as
provided for in ongoing Minnesota Statutes, section 473.197,
subdivision 4. The council must first use the transferred funds
for carrying out the metropolitan area water supply planning
activities required by Minnesota Statutes, section 473.1565, for
staff support of the advisory committee established under that
section, and for related purposes. If the council determines
that the transferred funds are no longer needed for such
purposes, the council may use any such funds for any general
purposes of the council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 167. new text begin REQUIRED RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources shall amend
Minnesota Rules, part 6232.0300, subpart 7, to permit an
individual to operate an all-terrain vehicle on privately owned
land in an area open to taking deer by firearms during the legal
shooting hours of the deer season, regardless of whether the
individual is licensed to take deer on the day of operation, if
the individual is:
new text end

new text begin (1) pursuing an occupation when operating the all-terrain
vehicle;
new text end

new text begin (2) not in possession of a firearm; and
new text end

new text begin (3) the owner of the land on which the all-terrain vehicle
is operated, an employee of the land owner, or an immediate
family member of the land owner.
new text end

new text begin (b) The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3),
in amending the rule under paragraph (a). Minnesota Statutes,
section 14.386, does not apply, except to the extent provided
under Minnesota Statutes, section 14.388.
new text end

Sec. 168. new text begin INITIAL CITIZEN APPOINTMENTS.
new text end

new text begin The governor shall make the initial appointments of citizen
members to the Minnesota Conservation Heritage Council according
to the following schedule of terms:
new text end

new text begin (1) the chair to serve a full six-year term;
new text end

new text begin (2) three members to serve five-year terms;
new text end

new text begin (3) three members to serve four-year terms;
new text end

new text begin (4) two members to serve three-year terms; and
new text end

new text begin (5) two members to serve two-year terms.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 169. new text begin TRANSITION.
new text end

new text begin (a) The staff of the Legislative Commission on Minnesota
Resources shall provide administrative and technical assistance
to the council.
new text end

new text begin (b) Administrative expenses saved through the elimination
of the Citizens Advisory Committee shall be used for the
administrative expenses of the council or other citizen advisory
committees created by the council.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 170. new text begin CONFORMING CHANGES; RULES.
new text end

new text begin The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to amend rules to conform to Minnesota Statutes, sections
97C.327 and 97C.395, subdivision 1, as amended in this article.
Minnesota Statutes, section 14.386, does not apply to the
rulemaking under this section except to the extent provided
under Minnesota Statutes, section 14.388.
new text end

Sec. 171. new text begin GROOMING RATES AND MAINTENANCE REIMBURSEMENTS.
new text end

new text begin The commissioner of natural resources must work with trail
providers to increase grooming rates and maintenance
reimbursements, consistent with funding appropriated by the
legislature, for grants provided under Minnesota Statutes,
section 84.83.
new text end

Sec. 172. new text begin HEALTH AND ENVIRONMENT CLEARINGHOUSE
FEASIBILITY REPORT.
new text end

new text begin The Minnesota Pollution Control Agency must report to the
legislature by January 15, 2006, on the feasibility of
establishing a central clearinghouse to link emission and
exposure data from existing sources with health data from the
Minnesota Department of Health to assist Minnesota agencies and
organizations to become eligible for federal environmental
public health tracking funds. The clearinghouse must include
data from the Pollution Control Agency's environmental public
access initiative and the What's in My Neighborhood database,
brownfield sites identified by the Department of Agriculture,
the Pollution Control Agency, or the Department of Employment
and Economic Development, and other relevant toxic exposure data.
new text end

Sec. 173. new text begin REPEALERS.
new text end

new text begin Subdivision 1. new text end

new text begin State park permit exemptions. new text end

new text begin Minnesota
Statutes 2004, section 85.054, subdivision 1, is repealed.
new text end

new text begin Subd. 2. new text end

new text begin Off-highway vehicle safety and conservation
program. new text end

new text begin Minnesota Statutes 2004, section 84.901, is repealed.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota resources. new text end

new text begin Minnesota Statutes 2004,
sections 116P.02, subdivisions 2 and 4; 116P.05; 116P.06; and
116P.08, subdivision 4, are repealed.
new text end

new text begin Subd. 4. new text end

new text begin Metropolitan council. new text end

new text begin Minnesota Statutes 2004,
section 473.197, subdivisions 1, 2, 3, and 5, are repealed.
new text end

new text begin Subd. 5.new text end

new text begin State lands.new text end

new text begin Minnesota Statutes 2004, sections
94.343, subdivision 6; 94.344, subdivision 6; 94.348; and
94.349, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 4 is effective the day
following final enactment and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

HF 902

Bill Text Versions

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS OPTION B

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.new text end

Sec. 2. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subdivision 1.

Subd. 2.

Subd. 3.

Subd. 4.

Subd. 5.

Subd. 6.

Sec. 3. NATURAL RESOURCES

Subdivision 1.

Subd. 2.

Subd. 3.

Subd. 4.

Subd. 5.

Subd. 6.

Subd. 7.

Subd. 8.

Subd. 9.

Subd. 10.

Sec. 4. MINNESOTA CONSERVATION CORPS 840,000 840,000

Sec. 5. BOARD OF WATER AND SOIL RESOURCES 15,131,000 15,131,000

Sec. 6. ZOOLOGICAL BOARD 6,189,000 6,191,000

Sec. 7.

Sec. 8. METROPOLITAN COUNCIL 7,452,000 7,452,000

Sec. 9. MINNESOTA FUTURE RESOURCES FUND

Sec. 10. MINNESOTA RESOURCES

Subdivision 1.

Subd. 3.

Subd. 4.

Subd. 5.

Subd. 6.

Subd. 7.

Subd. 8.

Subd. 9.

Subd. 10.

Subd. 11.

Subd. 12.

Subd. 13.

Subd. 14.

Subd. 15.

Subd. 16.

Subd. 17.

Subd. 18.

Subd. 19.

Sec. 11.

Subd. 5.

Forest trust lands.

Sec. 12.

Subd. 12.

Property disposal; gift acknowledgment; advertising sales.

Sec. 13.

Subd. 15.

Electronic transactions.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

new text begin Subd. 17. new text end

new text begin Background checks for volunteer instructors. new text end

Sec. 15.

new text begin Subd. 9. new text end

new text begin Exception for nonprofit organizations and governmental entities. new text end

Sec. 16.

new text begin Subd. 10. new text end

new text begin Right of first refusal agreement. new text end

Sec. 17.

Subd. 2.

Receipts.

new text begin EFFECTIVE DATE. new text end

Sec. 18.

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

Sec. 19.

Subdivision 1.

Civil citation; authority to issue.

Sec. 20.

new text begin [84.781] USE OF DEPARTMENT RESOURCES. new text end

Sec. 21.

new text begin [84.785] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM. new text end

ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
OPTION B

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
new text end

Sec. 2. DEPARTMENT OF ENVIRONMENTAL
PROTECTION

Sec. 4. MINNESOTA
CONSERVATION CORPS 840,000 840,000

Sec. 5. BOARD OF WATER
AND SOIL RESOURCES 15,131,000 15,131,000

Sec. 9. MINNESOTA FUTURE
RESOURCES FUND

Property disposal; gift acknowledgment;
advertising sales.

new text begin Background checks for volunteer
instructors. new text end

new text begin Exception for nonprofit organizations and
governmental entities. new text end

new text begin [84.781] USE OF DEPARTMENT RESOURCES.
new text end

new text begin [84.785] OFF-HIGHWAY VEHICLE SAFETY AND
CONSERVATION GRANT PROGRAM.
new text end

new text begin [84.7851] WORKER DISPLACEMENT PROHIBITED.
new text end

new text begin [84.8015] EDUCATION AND TRAINING.
new text end