SF 121

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to natural resources; specifying that money received from certain utility
permits be deposited in the permanent school fund; allowing exchanges of
riparian lands administered by the commissioner of natural resources for other
lands administered by the commissioner without certain restrictions; establishing
supplemental application and monitoring fees for utility easements; appropriating
money; amending Minnesota Statutes 2008, sections 84.415, subdivision 5, by
adding a subdivision; 94.342, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 84.415, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Fee deleted text end new text begin Fees; disposition new text end .

new text begin (a) new text end In the event the construction of deleted text begin such deleted text end lines
causes damage to timber or other property of the state on or along the same, the license
or permit shall also provide for payment to the commissioner of finance of the amount
deleted text begin thereof deleted text end new text begin of the damages new text end as deleted text begin may be deleted text end determined by the commissioner.

new text begin (b) The application fee specified in Minnesota Rules is credited to the general fund.
new text end

deleted text begin All money received under such licenses or permits deleted text end new text begin (c) The utility crossing fees
specified in Minnesota Rules new text end shall be credited to the fund to which other income or
proceeds of sale from deleted text begin such deleted text end new text begin the new text end land would be credited deleted text begin , if provision therefor be made deleted text end new text begin as
provided new text end by law, otherwise to the general fund.

new text begin (d) Money received from licenses and permits issued under this section for use of
the beds of navigable waters shall be credited to the permanent school fund.
new text end

new text begin (e) Money received under subdivision 6 must be deposited in the land management
account in the natural resources fund, and is appropriated to the commissioner of natural
resources to cover the costs incurred for issuing and monitoring utility licenses.
new text end

Sec. 2.

Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Supplemental application fee and monitoring fee. new text end

new text begin (a) In addition to the
application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
natural resources shall assess the applicant for a utility license the following fees:
new text end

new text begin (1) a supplemental application fee of $1,500 for a public water crossing license and
a supplemental application fee of $4,500 for a public lands crossing license, to cover
reasonable costs for reviewing the application and preparing the license; and
new text end

new text begin (2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of the license
to ensure proper construction. The commissioner must give the applicant an estimate of
the monitoring fee before the applicant submits the fee.
new text end

new text begin (b) The applicant shall pay fees under this subdivision to the commissioner of
natural resources. The commissioner shall not issue the license until the applicant has
paid all fees in full.
new text end

new text begin (c) Upon completion of construction, the commissioner shall refund any remaining
balance left between the fee assessed for monitoring and the amount used by the
commissioner in monitoring the construction of the utility line. The commissioner shall
not return the application fees, even if the application is withdrawn or denied.
new text end

Sec. 3.

Minnesota Statutes 2008, section 94.342, subdivision 3, is amended to read:

Subd. 3.

Additional restrictions on riparian land.

new text begin (a) new text end Land bordering on or
adjacent to any meandered or other public waters and withdrawn from sale by law is
riparian land. Riparian land may not be given in exchange unless new text begin : new text end

new text begin (1) new text end expressly authorized by the legislature deleted text begin or unless deleted text end new text begin ;
new text end

new text begin (2) new text end 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;

new text begin (3) Class A land is being exchanged for Class A land; or
new text end

deleted text begin provided, that any deleted text end new text begin (4) the new text end exchange deleted text begin with deleted text end new text begin is an agency of new text end the United States deleted text begin or any
agency thereof may be made free from this limitation upon condition that deleted text end new text begin and new text end 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 deleted text begin this subdivision deleted text end new text begin paragraph (b) new text end , and that there shall be reserved by the
state deleted text begin such deleted text end additional rights of public use upon suitable portions of deleted text begin such deleted text end 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.

deleted text begin In regard to deleted text end new text begin (b) For new text end Class B or riparian 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.