SF 1839

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 06/15/2012 12:28pm

A bill for an act
relating to natural resources; authorizing certain agency prepayments; providing
for apprentice riders; modifying aquatic invasive species provisions; modifying
local government trail authority; modifying enforcement provisions; modifying
certain bait provisions; modifying prior appropriations; eliminating certain
reporting, plan, and meeting requirements; eliminating loan program; modifying
La Salle Lake State Recreation Area administration; adding to and deleting
from state parks, state recreation areas, and state forests; authorizing private
sale of certain state lands; modifying certain easements; modifying certain
lease provisions; providing civil penalties; amending Minnesota Statutes 2010,
sections 16A.065; 84.631; 84.67; 84.91, subdivision 1; 84D.05, subdivision 1;
85.018, subdivision 2; 85.20, subdivision 1; 85.46, subdivision 1; 86B.331,
subdivision 1; 92.50, subdivision 1; 97A.421, subdivision 4a; Minnesota Statutes
2011 Supplement, sections 84D.01, subdivision 15a; 84D.09, subdivision 2;
84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.13, subdivision 5;
97C.341; Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended;
Laws 2010, chapter 362, section 2, subdivision 7; Laws 2011, First Special
Session chapter 6, article 3, section 8, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapters 84; 86B; repealing Minnesota Statutes 2010,
sections 84.946, subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.4742,
subdivision 4; 103G.705.

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

ARTICLE 1

NATURAL RESOURCE POLICY

Section 1.

Minnesota Statutes 2010, section 16A.065, is amended to read:

16A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES
DOCUMENTS.

Notwithstanding section 16A.41, subdivision 1, the commissioner may allow an
agency to make advance deposits or payments for software or software maintenance
services for state-owned or leased electronic data processing equipment, for sole source
maintenance agreements where it is not cost-effective to pay in arrears, for exhibit booth
space or boat slip rental when required by the renter to guarantee the availability of space,
new text begin for short-term cash flow advances under executed grants or contracts associated with
land acquisitions, new text end for registration fees where advance payment is required or advance
payment discount is provided, and for newspaper, magazine, and other subscription fees
customarily paid for in advance. The commissioner may also allow advance deposits by
any department with the Library of Congress and federal Supervisor of Documents for
items to be purchased from those federal agencies.

Sec. 2.

Minnesota Statutes 2010, section 84.67, is amended to read:

84.67 FORESTS FOR THE FUTURE REVOLVING ACCOUNT.

A forests for the future revolving account is created in the natural resources fund.
Money in the account is appropriated to the commissioner of natural resources for the
acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
The commissioner shall sell the lands acquired under this section, subject to an easement
as provided in section 84.66. Money received from the sale of forest lands acquired
under this section and interest earned on the account shall be deposited into the account.
deleted text begin The commissioner must file a report to the house of representatives Ways and Means
and the senate Finance Committees and the environment and natural resources finance
committees or divisions of the senate and house of representatives by October 1 of each
year indicating all purchases of forest land using money from this account and sales of
forest land for which revenue is deposited into this account.
deleted text end

Sec. 3.

new text begin [84.76] APPRENTICE RIDER VALIDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "accompanied by" means
within a distance of another person that permits uninterrupted visual contact and verbal
communication.
new text end

new text begin Subd. 2. new text end

new text begin Apprentice rider requirements. new text end

new text begin Notwithstanding sections 84.793,
84.862, 84.925, and 84.9256, a person who is age 12 or over and who does not possess a
required safety certificate may participate in up to two trail-riding events sponsored by the
commissioner in state parks, state trails, state recreation areas, and state forests that are
designed to involve apprentice riders. The person must be accompanied by an adult with a
valid safety certificate. All vehicles must be properly registered for use in Minnesota.
new text end

Sec. 4.

Minnesota Statutes 2010, 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 deleted text begin the deleted text end new text begin a new text end 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 chapters 169 and 169A 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. 5.

Minnesota Statutes 2011 Supplement, section 84D.01, subdivision 15a, is
amended to read:

Subd. 15a.

Service provider.

"Service provider" means an individual who new text begin or entity
that new text end installs or removes water-related equipment or structures from waters of the state
for hire new text begin or as a service provided as a benefit of membership in a yacht club, boat club,
marina, or similar oganization new text end . Service provider does not include a person working under
the supervision of an individual with a valid service provider permit issued under section
84D.108.

Sec. 6.

Minnesota Statutes 2010, section 84D.05, subdivision 1, is amended to read:

Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase,
sell, propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the
commissioner may direct, in a sealed container for purposes of identifying the species
or reporting the presence of the species;

(5) when being transported for disposal as part of a harvest or control activity
new text begin when specifically authorized new text end under a permit issued by the commissioner according to
section 103G.615, when being transported for disposal as specified under a commercial
fishing license issued by the commissioner according to section 97A.418, 97C.801,
97C.811, 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
commissioner;

(6) when the specimen has been lawfully acquired dead and, in the case of plant
species, all seeds are removed or are otherwise secured in a sealed container;

(7) in the form of herbaria or other preserved specimens;

(8) when being removed from watercraft and equipment, or caught while angling,
and immediately returned to the water from which they came; or

(9) as the commissioner may otherwise prescribe by rule.

Sec. 7.

Minnesota Statutes 2011 Supplement, section 84D.09, subdivision 2, is
amended to read:

Subd. 2.

Exceptions.

Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

(2) for disposal as part of a harvest or control activity deleted text begin conducted deleted text end new text begin when specifically
authorized new text end under an aquatic plant management permit pursuant to section 103G.615, under
permit pursuant to section 84D.11, or as specified by the commissioner;

(3) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;

(4) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;

(5) when harvested for personal or commercial use if in a motor vehicle;

(6) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;

(7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;

(8) that are wild rice harvested under section 84.091;

(9) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season; or

(10) when removing water-related equipment from waters of the state for purposes
of cleaning off aquatic macrophytes before leaving a water access site.

Sec. 8.

Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 1, is
amended to read:

Subdivision 1.

Launching prohibited.

A person may not place or attempt to place
into waters of the state deleted text begin a watercraft, a trailer, or deleted text end new text begin water-related equipment, including new text end aquatic
plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or
prohibited invasive species attached except as provided in this section.

Sec. 9.

Minnesota Statutes 2011 Supplement, section 84D.10, subdivision 4, is
amended to read:

Subd. 4.

Persons transporting water-related equipment.

(a) When leaving waters
of the state a person must drain water-related equipment holding water and live wells and
bilges by removing the drain plug before transporting the water-related equipment off
the water access site or riparian property.

(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
water-related equipment.

(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.

(d) Portable bait containers used by licensed aquatic farms new text begin , portable bait containers
when fishing through the ice except on waters designated infested for viral hemorrhagic
septicemia, new text end and marine sanitary systems are exempt from this subdivision.

(e) A person must not dispose of bait in waters of the state.

new text begin (f) A boat lift, dock, swim raft, or associated equipment that has been removed from
waters of the state infested with zebra mussels may not be placed in another water body
until a minimum of 21 days have passed.
new text end

Sec. 10.

Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
amended to read:

Subd. 2.

Inspector authority.

(a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water. new text begin The commissioner may enter into a delegation agreement with a
tribal or local government where inspection authority as provided under paragraphs (b),
(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
and administrative responsibilities for inspection programs on some or all public waters
within their jurisdiction.
new text end

(b) Inspectors may visually and tactilely inspect watercraft and water-related
equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
is present. If a person transporting watercraft or water-related equipment refuses to
take required corrective actions or fails to comply with an order under section 84D.10,
subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
to a conservation officer or other licensed peace officer.

(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site, any other public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is reason to believe
that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.

(d) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

new text begin (e) Conservation officers or other licensed peace officers may order water-related
equipment to be removed from a water body if the commissioner determines such action is
needed to implement aquatic invasive species control measures.
new text end

new text begin (f) The commissioner may require mandatory inspections of water-related equipment
before a person places or removes water-related equipment into or out of a water body.
Inspection stations may be located at or near public water accesses or in locations that
allow for servicing multiple water bodies. The commissioner shall ensure that inspection
stations:
new text end

new text begin (1) have adequate staffing to minimize delays to vehicles and their occupants;
new text end

new text begin (2) allow for reasonable travel times between public accesses and inspection stations
if inspection is required before placing water-related equipment into a water body;
new text end

new text begin (3) are located so as not to create traffic delays or public safety issues;
new text end

new text begin (4) have decontamination equipment available to bring water-related equipment
into compliance; and
new text end

new text begin (5) do not reduce the capacity or hours of operation of public water accesses.
new text end

new text begin (g) The commissioner may authorize tribal and local governments that enter into
a delegation agreement with the commissioner to conduct mandatory inspections of
water-related equipment at specified locations within a defined area before a person
places or removes water-related equipment into or out of a water body. Tribal and local
governments that are authorized to conduct inspections under this paragraph must:
new text end

new text begin (1) assume all legal, financial, and administrative responsibilities for implementing
the mandatory inspections, alone or in agreement with other tribal or local governments;
new text end

new text begin (2) employ inspectors that have been trained and authorized by the commissioner;
new text end

new text begin (3) conduct inspections and decontamination measures in accordance with guidelines
approved by the commissioner;
new text end

new text begin (4) have decontamination equipment available at inspection stations or identify
alternative decontamination equipment locations within a reasonable distance of the
inspection station that can bring water-related equipment into compliance;
new text end

new text begin (5) provide for inspection station locations that do not create traffic delays or public
safety issues; and
new text end

new text begin (6) submit a plan approved by the commissioner according to paragraph (h).
new text end

new text begin (h) Plans required under paragraph (g) must address:
new text end

new text begin (1) no reduction in capacity or hours of operation of public accesses and fees that
do not discourage or limit use;
new text end

new text begin (2) reasonable travel times between public accesses and inspection stations;
new text end

new text begin (3) adequate staffing to minimize wait times and provide adequate hours of operation
at inspection stations and public accesses;
new text end

new text begin (4) adequate enforcement capacity;
new text end

new text begin (5) measures to address inspections of water-related equipment at public water
accesses for commercial entities and private riparian land owners; and
new text end

new text begin (6) other elements as required by the commissioner to ensure statewide consistency,
appropriate inspection and decontamination protocols, and protection of the state's
resources, public safety, and access to public waters.
new text end

new text begin (i) A government unit authorized to conduct inspections under this subdivision must
submit an annual report to the commissioner summarizing the results and issues related
to implementing the inspection program.
new text end

new text begin (j) The commissioner may waive the plan requirement in paragraph (g) for inspection
programs where authorized inspectors are placed directly at one or more water access
sites, with no requirement for a person to travel from the water access for inspection
or decontamination, and no local ordinance or other regulation requiring a mandatory
inspection before placing watercraft or water-related equipment into a water body or after
watercraft or water-related equipment are removed from a water body.
new text end

Sec. 11.

Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
amended to read:

Subd. 5.

Civil penalties.

new text begin (a) new text end A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, deleted text begin $50 deleted text end new text begin $100 new text end ;

(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, deleted text begin $100 deleted text end new text begin $200 new text end ;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, deleted text begin $250 deleted text end new text begin $500 new text end ;

(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not designated by the
commissioner as being infested with that invasive species, $500 deleted text begin for the first offense and
$1,000 for each subsequent offense deleted text end ;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;

(6) for new text begin failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for new text end failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state, deleted text begin $50 deleted text end new text begin $100 new text end ; and

(7) for transporting infested water off riparian property without a permit as required
by rule, $200.

new text begin (b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).
new text end

Sec. 12.

Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:

Subd. 2.

Authority of local government.

(a) A local government unit that receives
state grants-in-aid for any trail, with the concurrence of the commissioner, and the
landowner or land lessee, may:

(1) designate the trail for use by snowmobiles or for nonmotorized use from
December 1 to April 1 of any year; and

(2) issue any permit required under subdivisions 3 to 5.

(b) A local government unit that receives state grants-in-aid under section 84.794,
subdivision 2, 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
concurrence of the commissioner, and landowner or land lessee, may:

(1) designate the trail specifically for use at various times of the year by all-terrain or
off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use deleted text begin , but not for motorized and nonmotorized
use at the same time deleted text end ; and

(2) issue any permit required under subdivisions 3 to 5.

(c) A local unit of government that receives state grants-in-aid for any trail, with the
concurrence of the commissioner and landowner or land lessee, may designate certain trails
for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.

Sec. 13.

Minnesota Statutes 2010, section 85.20, subdivision 1, is amended to read:

Subdivision 1.

Violation of rules.

new text begin (a) new text end Any person who, within the limits of any deleted text begin state
park, state monument, state recreation area, state wayside, or area of state land reserved
from sale, as provided by Laws 1923, chapter 430 deleted text end new text begin outdoor recreation unit established in
chapter 86A new text end , shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen,
or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface, or
mutilate any guideboard, guidepost, furniture, fixture, improvement, monument, tablet, or
other property of the state of any kind, or who shall willfully violate, or fail to comply
with, any rule of the commissioner adopted deleted text begin and promulgated in accordance with the
provisions of Laws 1923, chapter 430, shall be deleted text end new text begin according to section 86A.06, is new text end guilty
of a new text begin petty new text end misdemeanor.

new text begin (b) Violations under paragraph (a) adopted for wildlife management areas described
in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law
penalties defined in section 97A.301, subdivision 1, clause (6).
new text end

new text begin (c) If a different penalty is provided in another section of law for the violation and
the person is charged under that section of law, the penalty specified for the violation
will control over the penalty specified in paragraphs (a) and (b). Violations relating to
the taking of wild animals are subject to the penalties as specified in the game and fish
laws described in section 97A.011.
new text end

Sec. 14.

Minnesota Statutes 2010, section 85.46, subdivision 1, is amended to read:

Subdivision 1.

Pass in possession.

(a) Except as provided in paragraph (b), while
riding, leading, or driving a horse on lands administered by the commissioner, except
forest roads and forest roads rights-of-way, a person 16 years of age or over shall carry in
immediate possession a valid horse pass. The pass must be available for inspection by a
peace officer, a conservation officer, or an employee designated under section 84.0835. new text begin A
person who violates any provision of this subdivision is guilty of a petty misdemeanor.
new text end

(b) A valid horse pass is not required under this section for a person riding, leading,
or driving a horse on property that is owned by the person or the person's spouse, child,
parent, or guardian.

Sec. 15.

new text begin [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish a statewide course
in preventing the spread of aquatic invasive species. The commissioner must develop an
educational course and testing program that address identification of aquatic invasive
species and best practices to prevent the spread of aquatic invasive species when moving
water-related equipment, as defined under section 84D.01, subdivision 18a.
new text end

new text begin Subd. 2. new text end

new text begin Aquatic invasive species trailer decal. new text end

new text begin The commissioner shall issue an
aquatic invasive species trailer decal for each trailer owned by a person that satisfactorily
completes the required course of instruction.
new text end

new text begin Subd. 3. new text end

new text begin Contracting for services. new text end

new text begin The commissioner may contract for services to
provide training and testing services under this section.
new text end

new text begin Subd. 4. new text end

new text begin Aquatic invasive species trailer decal display required. new text end

new text begin (a) A person
may not transport watercraft or water-related equipment, as defined under section 84D.01,
subdivision 18a, with a trailer unless the person has an aquatic invasive species trailer
decal issued under this section. Temporary authorizations valid for seven days can be
requested by persons that have not completed the required course of instruction.
new text end

new text begin (b) Aquatic invasive species trailer decals are valid for three years.
new text end

new text begin (c) The aquatic invasive species trailer decal must be adhered to the side of the trailer
frame tongue near the hitch in a manner that it is readily visible and does not interfere with
the display of any registration requirements under section 169.79.
new text end

new text begin (d) Aquatic invasive species trailer decals are not transferable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 16.

Minnesota Statutes 2010, section 86B.331, subdivision 1, is amended to read:

Subdivision 1.

Acts prohibited.

(a) An owner or other person having charge or
control of a motorboat may not authorize or allow an individual the person knows or has
reason to believe is under the influence of alcohol or a controlled or other substance to
operate the motorboat in operation on the waters of this state.

(b) An owner or other person having charge or control of a motorboat may not
knowingly authorize or allow a person, who by reason of a physical or mental disability
is incapable of operating the motorboat, to operate the motorboat in operation on the
waters of this state.

(c) A person who operates or is in physical control of a motorboat on the waters
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 motorboat, shall be prohibited from operating
deleted text begin the deleted text end new text begin a new text end motorboat on the waters of this state for a period of 90 days between May 1 and
October 31, extending over two consecutive years if necessary. If the person operating the
motorboat refuses to comply with a lawful demand to submit to testing under sections
169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited
from operating deleted text begin the deleted text end new text begin a new text end motorboat for a period of one year. The commissioner shall notify
the person of the period during which the person is prohibited from operating a motorboat.

(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 chapters 169 and 169A relating to motorboats.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with
either of them, is guilty of a misdemeanor.

(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

Sec. 17.

Minnesota Statutes 2010, section 97A.421, subdivision 4a, is amended to read:

Subd. 4a.

Suspension for failure to appear in court or pay a fine or surcharge.

When a court reports to the commissioner that a person new text begin : new text end (1) has failed to appear in court
deleted text begin under the summons issued deleted text end new text begin in response to a notice to appear or fails to comply with other
orders of the court regarding the appearance or proceedings new text end for a violation of the game
and fish laws new text begin ; new text end or (2) has been convicted of violating a provision of the game and fish
laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
and refused or failed to comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit privileges of the person
until notified by the court that the person has appeared in court under clause (1) or that any
fine or surcharge due the court has been paid under clause (2).

Sec. 18.

Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:

97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.

(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. The commissioner may, by written order published in
the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
their use. The order is exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.

(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present deleted text begin , deleted text end new text begin : (1)
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2) new text end except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.

(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:

(1) fresh or frozen bait only on Lake Superior; or

(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.

(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:

(1) water body source;

(2) lot number;

(3) company contact including name, phone, and address;

(4) date of packaging and labeling; and

(5) valid negative fish health certification from the source water body.

Sec. 19.

Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended by
Laws 2009, chapter 37, article 1, section 60, is amended to read:

Subd. 2. Land and Mineral Resources Management

11,747,000

11,272,000

Appropriations by Fund
General	6,633,000	6,230,000
Natural Resources	3,551,000	3,447,000
Game and Fish	1,363,000	1,395,000
Permanent School	200,000	200,000

$475,000 the first year and $475,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account in
the natural resources fund and $275,000 each
year is from the general fund. $237,500 the
first year and $237,500 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.

$2,800,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c).

$200,000 the first year and $200,000 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 and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.

$15,000 the first year is for a report
by February 1, 2008, to the house and
senate committees with jurisdiction over
environment and natural resources on
proposed minimum legal and conservation
standards that could be applied to
conservation easements acquired with public
money.

$1,201,000 the first year and $701,000 the
second year are to support the land records
management system. Of this amount,
$326,000 the first year and $326,000 the
second year are from the game and fish fund
and $375,000 the first year and $375,000 the
second year are from the natural resources
fund. The unexpended balances are available
until June 30, 2011. deleted text begin The commissioner
must report to the legislative chairs on
environmental finance on the outcomes of
the land records management support.
deleted text end

$500,000 the first year and $500,000 the
second year are for land asset management.
This is a onetime appropriation.

Sec. 20.

Laws 2010, chapter 362, section 2, subdivision 7, is amended to read:

Subd. 7. Renewable Energy

-0-

3,364,000

(a) Algae for Fuels Pilot Project

$900,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to demonstrate an innovative microalgae
production system utilizing and treating
sanitary wastewater to produce biofuels
from algae. This appropriation is available
until June 30, 2013, by which time the
project must be completed and final products
delivered.

(b) Sustainable Biofuels

$221,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to determine how fertilization and irrigation
impact yields of grass monoculture and high
diversity prairie biofuel crops, their storage
of soil carbon, and susceptibility to invasion
by exotic species. This appropriation is
available until June 30, 2013, by which time
the project must be completed and final
products delivered.

(c) Linking Habitat Restoration to Bioenergy and Local Economies

$600,000 is from the trust fund to the
commissioner of natural resources to restore
high quality native habitats and expand
market opportunities for deleted text begin utilizing postharvest
restoration as a deleted text end new text begin using the woody by-product
material for new text end bioenergy deleted text begin source. deleted text end new text begin or other
products. The commissioner may provide
grants or otherwise transfer some or all
of this money to other public or private
entities to accomplish these purposes. The
commissioner may sell the material from
public or private property to any viable
market, provided that all of the proceeds
are spent to further the purposes of this
appropriation. new text end This appropriation is available
until June 30, 2013, by which time the
project must be completed and final products
delivered.

(d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs)

$1,500,000 is from the trust fund to
the commissioner of natural resources
for agreements as follows: $206,000
with Audubon Center of the North
Woods; $212,000 with Deep Portage
Learning Center; $350,000 with Eagle
Bluff Environmental Learning Center;
$258,000 with Laurentian Environmental
Learning Center; $240,000 with Long
Lake Conservation Center; and $234,000
with Wolf Ridge Environmental Learning
Center to implement renewable energy,
energy efficiency, and energy conservation
practices at the facilities. Efforts will include
dissemination of related energy education.

Sec. 21.

Laws 2011, First Special Session chapter 6, article 3, section 8, subdivision 3,
is amended to read:

Subd. 3.

Administration.

The commissioner of natural resources shall administer
the area according to Minnesota Statutes, section 86A.05, subdivision 3, subject to
existing rules and regulations for state recreation areas new text begin , except the following is permitted:
hunting, fishing, and trapping of protected species during designated seasons and dogs
under control for hunting purposes during regular hunting seasons new text end . La Salle Lake State
Recreation Area shall be administered as a satellite unit of Itasca State Park.

Sec. 22. new text begin ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
APPROPRIATION EXTENSION.
new text end

new text begin (a) The availability of the appropriation is extended to June 30, 2013, for:
new text end

new text begin (1) Laws 2009, chapter 143, section 2, subdivision 5, paragraph (c), cooperative
habitat research in deep lakes; and
new text end

new text begin (2) Laws 2009, chapter 143, section 2, subdivision 6, paragraph (d), controlling the
movement of invasive fish species.
new text end

new text begin (b) The availability of the appropriation is extended to June 30, 2014, for Laws
2009, chapter 143, section 2, subdivision 4, paragraph (c), metropolitan regional park
system acquisition.
new text end

new text begin (c) The availability of the appropriation is extended to June 30, 2015, for Laws
2011, First Special Session chapter 2, article 3, section 2, subdivision 9, paragraph (a),
Minnesota Conservation Apprenticeship Academy.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5;
89.06; 90.042; 97A.4742, subdivision 4; and 103G.705, new text end new text begin are repealed.
new text end

ARTICLE 2

STATE LANDS

Section 1.

Minnesota Statutes 2010, section 84.631, is amended to read:

84.631 ROAD EASEMENTS ACROSS STATE LANDS.

(a) Except as provided in section 85.015, subdivision 1b, the commissioner new text begin of natural
resources new text end , on behalf of the state, may convey a road easement across state land under the
commissioner's jurisdiction deleted text begin other than school trust land, deleted text end 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.

(b) The commissioner shall:

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

new text begin (2) limit the easement term to 50 years if the road easement is across school trust
land;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end provide that the easement reverts to the state in the event of nonuse; and

deleted text begin (3) deleted text end new text begin (4) new text end impose other terms and conditions of use as necessary and appropriate under
the circumstances.

(c) An applicant shall submit an application fee of $2,000 with each application
for a road easement across state land. The application fee is nonrefundable, even if the
application is withdrawn or denied.

(d) In addition to the payment for the market value of the easement and the
application fee, the commissioner of natural resources shall assess the applicant a
monitoring fee to cover the projected reasonable costs for monitoring the construction of
the road and preparing special terms and conditions for the easement. The commissioner
must give the applicant an estimate of the monitoring fee before the applicant submits
the fee. The applicant shall pay the application and monitoring fees to the commissioner
of natural resources. The commissioner shall not issue the easement until the applicant
has paid in full the application fee, the monitoring fee, and the market value payment for
the easement.

(e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.

(f) Fees collected under paragraphs (c) and (d) must be credited to the land
management account in the natural resources fund and are appropriated to the
commissioner of natural resources to cover the reasonable costs incurred under this section.

Sec. 2.

Minnesota Statutes 2010, section 92.50, subdivision 1, is amended to read:

Subdivision 1.

Lease terms.

(a) The commissioner of natural resources may lease
land under the commissioner's jurisdiction and control:

(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;

(2) to store ore, waste materials from mines, or rock and tailings from ore milling
plants;

(3) for roads or railroads; or

(4) for other uses consistent with the interests of the state.

(b) The commissioner shall offer the lease at public or private sale for an amount
and under terms and conditions prescribed by the commissioner. Commercial leases for
more than ten years and leases for removal of peat that cover 320 or more acres must be
approved by the Executive Council.

(c) The lease term may not exceed deleted text begin ten deleted text end new text begin 21 new text end years except:

(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
tailings from ore milling plants, or for the removal of peat new text begin for nonagricultural purposes
new text end may not exceed a term of 25 years; new text begin and
new text end

deleted text begin (2) leases for the use of peat lands for agricultural purposes may not exceed 21
years; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end leases for commercial purposes, including major resort, convention center, or
recreational area purposes, may not exceed a term of 40 years.

(d) Leases must be subject to sale and leasing of the land for mineral purposes and
contain a provision for cancellation for just cause at any time by the commissioner upon
six months' written notice. A longer notice period, not exceeding three years, may be
provided in leases for storing ore, waste materials from mines or rock or tailings from ore
milling plants. The commissioner may determine the terms and conditions, including the
notice period, for cancellation of a lease for the removal of peat and commercial leases.

(e) Money received from leases under this section must be credited to the fund to
which the land belongs.

Sec. 3. new text begin DELETIONS FROM STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 28] Interstate State Park, Chisago County. new text end

new text begin The
following area is deleted from Interstate State Park: that part of Lots 8, 9, and 10 of Block
35 of the Plat of the Town of Taylor's Falls, on file and of record in the Chisago County
Recorder's Office, described as follows: beginning at the northwest corner of said Lot 10;
thence on an assumed bearing of South 08 degrees 05 minutes 41 seconds West 151.46 feet
along the west line of said Lots 10, 9, and 8 to the southwest corner of said Lot 8; thence
South 89 degrees 51 minutes 29 seconds East 160.00 feet along the south line of said Lot 8;
thence North 00 degrees 30 minutes 25 seconds East 150.00 feet to a point which is 140.00
feet east of the northwest corner of said Lot 10 as measured along the north line thereof;
thence North 89 degrees 51 minutes 29 seconds West 140.00 feet to the point of beginning.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 40] McCarthy Beach State Park, St. Louis County.
new text end

new text begin The following area is deleted from McCarthy Beach State Park: that part of Government
Lot 1, Section 20, Township 60 North, Range 21 West, St. Louis County, Minnesota,
described as follows: commencing at meander corner #6 on the north line of said section;
thence North 89 degrees 49 minutes 20 seconds East, assumed bearing, along the north
line of said section 100.00 feet to the point of beginning; thence South 31 degrees 35
minutes 24 seconds East 409.70 feet to the centerline of McCarthy Beach Road; thence
North 20 degrees 47 minutes 12 seconds East along said centerline 374.52 feet to the north
line of said section; thence South 89 degrees 49 minutes 20 seconds West along the north
line of said section 347.53 feet to the point of beginning.
new text end

Sec. 4. new text begin ADDITIONS TO STATE RECREATION AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.013] [Subd. 11b] Greenleaf Lake State Recreation Area,
Meeker County. new text end

new text begin The following area is added to the Greenleaf Lake State Recreation
Area, Meeker County: the Southwest Quarter of the Northwest Quarter and Government
Lots 5, 6, 7, and 8, all in Section 20, Township 118 North, Range 30 West, Meeker County,
Minnesota, LESS AND EXCEPT the following two tracts:
new text end

new text begin (1) that part of Government Lot 8, Section 20, Township 118 North, Range 30 West,
lying North of the south line of said Section 20 and East of a line at right angles to and
beginning at a point on said line 734.6 feet East of its intersection with the centerline of
County Road No. 169; and
new text end

new text begin (2) all that part of Government Lots 7 and 8 of Section 20, Township 118 North,
Range 30 West, lying West of County Road No. 169.
new text end

new text begin Subd. 2. new text end

new text begin [85.013] [Subd. 12a] Iron Range Off-Highway Vehicle Recreation
Area, St. Louis County. new text end

new text begin The following areas are added to the Iron Range Off-Highway
Vehicle Recreation Area:
new text end

new text begin (1) that part of the Northwest Quarter of the Southwest Quarter, Section 25,
Township 58 North, Range 17 West, St. Louis County, Minnesota, lying southeasterly
of the DM & IR Railroad; and
new text end

new text begin (2) the East 100 feet of the Southeast Quarter of Section 26, Township 58 North,
Range 17 West, St. Louis County, Minnesota.
new text end

Sec. 5. new text begin DELETION FROM STATE RECREATION AREA.
new text end

new text begin [85.013] [Subd. 12a] Iron Range Off-Highway Vehicle Recreation Area, St.
Louis County. new text end new text begin The following areas are deleted from the Iron Range Off-Highway Vehicle
Recreation Area:
new text end

new text begin (1) that part of the Northeast Quarter of the Southeast Quarter, the Northwest
Quarter of the Southeast Quarter, and the Southwest Quarter of the Southeast Quarter, all
in Section 26, Township 58 North, Range 17 West, St. Louis County, Minnesota, lying
northwesterly of the Gilbert mine pit in said section;
new text end

new text begin (2) that part of the Southwest Quarter of the Northeast Quarter, Section 35, Township
58 North, Range 17 West, St. Louis County, Minnesota, lying northwesterly of Deep
Lake in said section; and
new text end

new text begin (3) the South Half of Section 36, except the Southeast Quarter of the Southwest
Quarter, all in Township 58 North, Range 17 West, St. Louis County, Minnesota.
new text end

Sec. 6. new text begin DELETION FROM STATE FOREST.
new text end

new text begin [89.021] [Subd. 18] Fond du Lac State Forest. The following areas are deleted
from the Fond du Lac State Forest:
new text end

new text begin (1) that part of Section 7 lying east of State Highway 23 and Sections 18, 19, and 30
of Township 48 North, Range 15 West; and
new text end

new text begin (2) that part of Sections 13 and 24 lying east of State Highway 23 and Section
25 of Township 48 North, Range 16 West.
new text end

Sec. 7. new text begin ADDITION TO STATE FOREST.
new text end

new text begin [89.021] [Subd. 35] Nemadji State Forest. The following areas are added to
the Nemadji State Forest:
new text end

new text begin (1) that part of Section 7 lying east of State Highway 23 and Sections 18, 19, and 30
of Township 48 North, Range 15 West; and
new text end

new text begin (2) that part of Sections 13 and 24 lying east of State Highway 23 and Section
25 of Township 48 North, Range 16 West.
new text end

Sec. 8. new text begin PRIVATE SALE OF SURPLUS STATE LAND; DAKOTA COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The commissioner may sell to the United States for less than the
value of the land, as determined by the commissioner, but the conveyance must provide
that the land be managed for conservation purposes and reverts to the state if the United
States fails to manage the land for conservation purposes.
new text end

new text begin (c) The land that may be sold is located in Dakota County and is described as: that
part of the West Half of the Northeast Quarter of Section 34, Township 27 North, Range
24 West, lying northwesterly of the Chicago and North Western Transportation Company
Railroad, and that part of the East Half of the Northwest Quarter of Section 34, Township
27 North, Range 24 West, described as follows: beginning at the northeast corner of said
East Half of the Northwest Quarter; thence on an assumed bearing of South 89 degrees 49
minutes 47 seconds West along the north line of said East Half of the Northwest Quarter, a
distance of 127.6 feet; thence South 24 degrees 20 minutes 13 seconds West, a distance of
437.59 feet; thence South 47 degrees 28 minutes 32 seconds West, a distance of 522.97
feet; thence South 1/2 degree 31 minutes 28 seconds East, a distance of 866.39 feet to the
northwesterly line of the Chicago and North Western Transportation Company Railroad;
thence North 44 degrees 39 minutes 07 seconds East, along said northwesterly line, a
distance of 130.52 feet to the east line of said East Half of the Northwest Quarter; thence
North 00 degrees 42 minutes 27 seconds East, along the east line of said East Half of
the Northwest Quarter, a distance of 1,487.79 feet to the point of beginning; containing
30.72 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the United States.
The land was part of the Black Dog Preserve Scientific and Natural Area, which was
de-designated by the commissioner, effective November 21, 2011. The United States,
acting by and through the United States Fish and Wildlife Service, wishes to acquire the
land for inclusion in the Minnesota Valley National Wildlife Refuge.
new text end

Sec. 9. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The conveyance must be subject to the perpetual easement described in
paragraph (d).
new text end

new text begin (c) The land that may be sold is located in St. Louis County and is described as:
that part of Government Lot 1, Section 20, Township 60 North, Range 21 West, St. Louis
County, Minnesota, described as follows: commencing at meander corner #6 on the
north line of said section; thence North 89 degrees 49 minutes 20 seconds East, assumed
bearing, along the north line of said section 100.00 feet to the point of beginning; thence
South 31 degrees 35 minutes 24 seconds East 409.70 feet to the centerline of McCarthy
Beach Road; thence North 20 degrees 47 minutes 12 seconds East along said centerline
374.52 feet to the north line of said section; thence South 89 degrees 49 minutes 20
seconds West along the north line of said section 347.53 feet to the point of beginning,
containing 1.4 acres, more or less. Subject to existing easements of record.
new text end

new text begin (d) Prior to the sale of the land described in paragraph (c), the commissioner shall
convey a perpetual easement according to Minnesota Statutes, section 84.631, for the
benefit of Lots 50, 51, and 52 of the Plat of McCarthy's Beach over and across an existing
driveway being a strip of land 16.5 feet in width, lying 8.25 feet on each side of the
following described centerline: commencing at meander corner #6 on the north line of
Section 20; thence North 89 degrees 49 minutes 20 seconds East, assumed bearing, along
the north line of said section 196.98 feet to the centerline of an existing driveway and the
point of beginning; thence South 20 degrees 14 minutes 17 seconds East 54.79 feet;
thence South 17 degrees 53 minutes 29 seconds East 47.03 feet; thence South 04 degrees
05 minutes 31 seconds East 44.44 feet; thence South 06 degrees 18 minutes 21 seconds
West 61.38 feet; thence South 04 degrees 27 minutes 18 seconds West 53.03 feet; thence
South 01 degree 47 minutes 03 seconds East 90.46 feet, more or less, to the centerline of
McCarthy Beach Road and there terminating, containing 0.13 acres, more or less.
new text end

new text begin (e) The land to be sold is part of a parcel that borders Big Sturgeon Lake. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would be best served if
the land were conveyed to an adjacent landowner to resolve an inadvertent trespass.
new text end