SF 2472

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for certain 
  1.3             rulemaking exemptions; granting authorities to the 
  1.4             commissioner of natural resources; authorizing fees; 
  1.5             modifying civil penalties; amending Minnesota Statutes 
  1.6             2002, sections 83A.02; 84.027, by adding a 
  1.7             subdivision; 84.029, by adding a subdivision; 84.033; 
  1.8             84.0855, by adding a subdivision; 84.791, subdivision 
  1.9             2, by adding a subdivision; 84.86, subdivision 1; 
  1.10            84.8712, subdivision 2; 84.925, subdivision 1, by 
  1.11            adding a subdivision; 84D.13, subdivision 5; 85.052, 
  1.12            subdivisions 1, 2, by adding subdivisions; 85.055, 
  1.13            subdivision 1a; 85.22, subdivision 3; 86A.05, 
  1.14            subdivision 5; 86A.07, subdivision 3; 86A.21; 86B.321, 
  1.15            subdivision 2; 86B.521, by adding a subdivision; 
  1.16            88.79, by adding a subdivision; 89.012; 89.018, 
  1.17            subdivisions 1, 2, by adding a subdivision; 89.19; 
  1.18            89.21; 89.37, by adding a subdivision; 89.53, 
  1.19            subdivision 1; 89.71, subdivision 1; 97A.101, 
  1.20            subdivision 2; 97A.133, subdivision 3; 97A.135, 
  1.21            subdivision 1; 97A.145, subdivision 1; 97B.015, by 
  1.22            adding a subdivision; 97B.025; 103G.223; 103I.601, 
  1.23            subdivision 3; 282.01, subdivision 3; Minnesota 
  1.24            Statutes 2003 Supplement, sections 84.029, subdivision 
  1.25            1; 84.775, subdivision 1; 84.780. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  Minnesota Statutes 2002, section 83A.02, is 
  1.28  amended to read: 
  1.29     83A.02 [POWERS AND DUTIES.] 
  1.30     The commissioner of natural resources shall: 
  1.31     (1) determine the correct and most appropriate names of the 
  1.32  lakes, streams, places and other geographic features in the 
  1.33  state, and the spelling thereof by written order published in 
  1.34  the State Register.  Name designations are exempt from the 
  1.35  rulemaking provisions of chapter 14 and section 14.386 does not 
  2.1   apply; 
  2.2      (2) pass upon and give names to lakes, streams, places, and 
  2.3   other geographic features in the state for which no single, 
  2.4   generally accepted name has been in use; 
  2.5      (3) in cooperation with the county boards and with their 
  2.6   approval, change the names of lakes, streams, places, and other 
  2.7   geographic features, with the end in view of eliminating, as far 
  2.8   as possible, duplication of names within the state; 
  2.9      (4) prepare and publish an official state dictionary of 
  2.10  geographic names and publish the same, either as a completed 
  2.11  whole or in parts, when ready; 
  2.12     (5) serve as the state representative of the United States 
  2.13  Geographic Board and cooperate with that board to the end that 
  2.14  there shall be no conflict between the state and federal 
  2.15  designations of geographic features in the state.  
  2.16     Sec. 2.  Minnesota Statutes 2002, section 84.027, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 16.  [COMMISSIONER TO ADMINISTER GRANTS 
  2.19  PROGRAMS.] Unless otherwise specified by law, the commissioner 
  2.20  may establish the procedures and criteria for selection of 
  2.21  projects funded through authorized grants and research 
  2.22  programs.  Procedures and criteria for selection are not subject 
  2.23  to the rulemaking provisions of chapter 14 and section 14.386 
  2.24  does not apply. 
  2.25     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.26  84.029, subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
  2.28  AND OPERATION.] In addition to other lawful authority, the 
  2.29  commissioner of natural resources may establish, develop, 
  2.30  maintain, and operate recreational areas, including but not 
  2.31  limited to trails and canoe routes, for the use and enjoyment of 
  2.32  the public on any state-owned or leased land under the 
  2.33  commissioner's jurisdiction.  The commissioner may employ and 
  2.34  designate individuals according to section 85.04 to enforce laws 
  2.35  governing the use of recreational areas.  The commissioner may 
  2.36  establish the recreational areas by written order published in 
  3.1   the State Register. 
  3.2      Sec. 4.  Minnesota Statutes 2002, section 84.029, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 3.  [RULEMAKING EXEMPTION.] Authority exercised by 
  3.5   the commissioner according to this section is exempt from the 
  3.6   rulemaking provisions of chapter 14 and section 14.386. 
  3.7      Sec. 5.  Minnesota Statutes 2002, section 84.033, is 
  3.8   amended to read: 
  3.9      84.033 [SCIENTIFIC AND NATURAL AREAS.] 
  3.10     The commissioner of natural resources may acquire by gift, 
  3.11  lease, easement, or purchase, in the manner prescribed under 
  3.12  chapter 117, in the name of the state, lands or any interest in 
  3.13  lands suitable and desirable for establishing and maintaining 
  3.14  scientific and natural areas.  The commissioner shall designate 
  3.15  any land so acquired as a scientific and natural area by written 
  3.16  order published in the State Register and shall administer any 
  3.17  land so acquired and designated as provided by section 
  3.18  86A.05.  Designations of scientific and natural areas are exempt 
  3.19  from the rulemaking provisions of chapter 14 and section 14.386 
  3.20  does not apply. 
  3.21     Sec. 6.  Minnesota Statutes 2002, section 84.0855, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 3.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
  3.24  APPROVAL.] A fee charged under this section is not subject to 
  3.25  the rulemaking provisions of chapter 14 and section 14.386 does 
  3.26  not apply.  The commissioner may establish fees under this 
  3.27  section notwithstanding section 16A.1283. 
  3.28     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  3.29  84.775, subdivision 1, is amended to read: 
  3.30     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
  3.31  conservation officer or other licensed peace officer may issue a 
  3.32  civil citation to a person who operates: 
  3.33     (1) an off-highway motorcycle in violation of sections 
  3.34  84.773; 84.777; 84.788 to 84.795; or 84.90; 
  3.35     (2) an off-road vehicle in violation of sections 84.773; 
  3.36  84.777; 84.798 to 84.804; or 84.90; or 
  4.1      (3) an all-terrain vehicle in violation of sections 84.773; 
  4.2   84.777; 84.90; or 84.922 to 84.928.  
  4.3      (b) A civil citation shall require restitution for public 
  4.4   and private property damage and impose a penalty of no more than:
  4.5      (1) $100 for the first offense, no more than; 
  4.6      (2) $200 for the second offense,; and no more than 
  4.7      (3) $500 for third and subsequent offenses. 
  4.8      (c) If the peace officer determines that there is damage to 
  4.9   property requiring restitution, the commissioner must send a 
  4.10  written explanation of the extent of the damage and the cost of 
  4.11  the repair by first class mail to the address provided by the 
  4.12  person receiving the citation within 15 days of the date of the 
  4.13  citation. 
  4.14     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  4.15  84.780, is amended to read: 
  4.16     84.780 [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
  4.17     (a) The off-highway vehicle damage account is created in 
  4.18  the natural resources fund.  Money in the off-highway vehicle 
  4.19  damage account is appropriated to the commissioner of natural 
  4.20  resources for the repair or restoration of property damaged by 
  4.21  the operation of off-highway vehicles in an unpermitted area 
  4.22  after August 1, 2003, and for the costs of administration for 
  4.23  this section.  Before the commissioner may make a payment from 
  4.24  this account, the commissioner must determine whether the damage 
  4.25  to the property was caused by the unpermitted use of off-highway 
  4.26  vehicles, that the applicant has made reasonable efforts to 
  4.27  identify the responsible individual and obtain payment from the 
  4.28  individual, and that the applicant has made reasonable efforts 
  4.29  to prevent reoccurrence.  By June 30, 2005, the commissioner of 
  4.30  finance must transfer the remaining balance in the account to 
  4.31  the off-highway motorcycle account under section 84.794, the 
  4.32  off-road vehicle account under section 84.803, and the 
  4.33  all-terrain vehicle account under section 84.927.  The amount 
  4.34  transferred to each account must be proportionate to the amounts 
  4.35  received in the damage account from the relevant off-highway 
  4.36  vehicle accounts. 
  5.1      (b) Determinations of the commissioner under this section 
  5.2   may be made by written order and are exempt from the rulemaking 
  5.3   provisions of chapter 14.  Section 14.386 does not apply.  
  5.4      (c) This section expires July 1, 2005. 
  5.5      Sec. 9.  Minnesota Statutes 2002, section 84.791, 
  5.6   subdivision 2, is amended to read: 
  5.7      Subd. 2.  [FEE FEES.] For the purposes of administering the 
  5.8   program and to defray a portion of the expenses of training and 
  5.9   certifying vehicle operators, the commissioner shall collect a 
  5.10  fee not to exceed $5 from each person who receives the training. 
  5.11  The commissioner shall collect a fee for issuing a duplicate 
  5.12  off-highway motorcycle safety certificate.  The commissioner 
  5.13  shall establish the fee for a duplicate off-highway motorcycle 
  5.14  safety certificate that neither significantly overrecovers nor 
  5.15  underrecovers costs, including overhead costs, involved in 
  5.16  providing the service.  The fees must be deposited in the state 
  5.17  treasury and credited to the off-highway motorcycle account. 
  5.18     Sec. 10.  Minnesota Statutes 2002, section 84.791, is 
  5.19  amended by adding a subdivision to read: 
  5.20     Subd. 5.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
  5.21  APPROVAL.] The fees provided for under subdivision 2 are not 
  5.22  subject to the rulemaking provisions of chapter 14 and section 
  5.23  14.386 does not apply.  The commissioner may establish the fees 
  5.24  under subdivision 2 notwithstanding section 16A.1283. 
  5.25     Sec. 11.  Minnesota Statutes 2002, section 84.86, 
  5.26  subdivision 1, is amended to read: 
  5.27     Subdivision 1.  [REQUIRED RULES.] With a view of achieving 
  5.28  maximum use of snowmobiles consistent with protection of the 
  5.29  environment the commissioner of natural resources shall adopt 
  5.30  rules in the manner provided by chapter 14, for the following 
  5.31  purposes: 
  5.32     (1) Registration of snowmobiles and display of registration 
  5.33  numbers. 
  5.34     (2) Use of snowmobiles insofar as game and fish resources 
  5.35  are affected. 
  5.36     (3) Use of snowmobiles on public lands and waters, or on 
  6.1   grant-in-aid trails. 
  6.2      (4) Uniform signs to be used by the state, counties, and 
  6.3   cities, which are necessary or desirable to control, direct, or 
  6.4   regulate the operation and use of snowmobiles. 
  6.5      (5) Specifications relating to snowmobile mufflers. 
  6.6      (6) A comprehensive snowmobile information and safety 
  6.7   education and training program, including but not limited to the 
  6.8   preparation and dissemination of snowmobile information and 
  6.9   safety advice to the public, the training of snowmobile 
  6.10  operators, and the issuance of snowmobile safety certificates to 
  6.11  snowmobile operators who successfully complete the snowmobile 
  6.12  safety education and training course.  For the purpose of 
  6.13  administering such program and to defray expenses of training 
  6.14  and certifying snowmobile operators, the commissioner shall 
  6.15  collect a fee from each person who receives the youth and young 
  6.16  adult training or the adult training.  The commissioner shall 
  6.17  collect a fee for issuing a duplicate snowmobile safety 
  6.18  certificate.  The commissioner shall establish a fee both fees 
  6.19  in a manner that neither significantly overrecovers nor 
  6.20  underrecovers costs, including overhead costs, involved in 
  6.21  providing the services.  The fee is fees are not subject to the 
  6.22  rulemaking provisions of chapter 14 and section 14.386 does not 
  6.23  apply.  The fees may be established by the commissioner 
  6.24  notwithstanding section 16A.1283.  The fees must be deposited in 
  6.25  the snowmobile trails and enforcement account and the amount 
  6.26  thereof is appropriated annually to the Enforcement Division of 
  6.27  the Department of Natural Resources for the administration of 
  6.28  such programs.  In addition to the fee established by the 
  6.29  commissioner, instructors may charge each person up to the 
  6.30  established fee amount for class materials and expenses.  The 
  6.31  commissioner shall cooperate with private organizations and 
  6.32  associations, private and public corporations, and local 
  6.33  governmental units in furtherance of the program established 
  6.34  under this clause.  School districts may cooperate with the 
  6.35  commissioner and volunteer instructors to provide space for the 
  6.36  classroom portion of the training.  The commissioner shall 
  7.1   consult with the commissioner of public safety in regard to 
  7.2   training program subject matter and performance testing that 
  7.3   leads to the certification of snowmobile operators. 
  7.4      (7) The operator of any snowmobile involved in an accident 
  7.5   resulting in injury requiring medical attention or 
  7.6   hospitalization to or death of any person or total damage to an 
  7.7   extent of $500 or more, shall forward a written report of the 
  7.8   accident to the commissioner on such form as the commissioner 
  7.9   shall prescribe.  If the operator is killed or is unable to file 
  7.10  a report due to incapacitation, any peace officer investigating 
  7.11  the accident shall file the accident report within ten business 
  7.12  days. 
  7.13     Sec. 12.  Minnesota Statutes 2002, section 84.8712, 
  7.14  subdivision 2, is amended to read: 
  7.15     Subd. 2.  [CIVIL CITATION; AUTHORITY TO ISSUE.] 
  7.16  Conservation officers and other licensed peace officers may 
  7.17  issue civil citations to a person who operates a snowmobile in 
  7.18  violation of this section or section 84.8713.  The citation must 
  7.19  impose a penalty of no more than $50 for the first offense, no 
  7.20  more than $300 $200 for the second offense, and no more than 
  7.21  $600 $500 for third and subsequent offenses.  
  7.22     Sec. 13.  Minnesota Statutes 2002, section 84.925, 
  7.23  subdivision 1, is amended to read: 
  7.24     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  7.25  shall establish a comprehensive all-terrain vehicle 
  7.26  environmental and safety education and training program, 
  7.27  including the preparation and dissemination of vehicle 
  7.28  information and safety advice to the public, the training of 
  7.29  all-terrain vehicle operators, and the issuance of all-terrain 
  7.30  vehicle safety certificates to vehicle operators over the age of 
  7.31  12 years who successfully complete the all-terrain vehicle 
  7.32  environmental and safety education and training course.  
  7.33     (b) For the purpose of administering the program and to 
  7.34  defray a portion of the expenses of training and certifying 
  7.35  vehicle operators, the commissioner shall collect a fee of $15 
  7.36  from each person who receives the training.  The commissioner 
  8.1   shall collect a fee for issuing a duplicate all-terrain vehicle 
  8.2   safety certificate.  The commissioner shall establish the fee 
  8.3   for a duplicate all-terrain vehicle safety certificate that 
  8.4   neither significantly overrecovers nor underrecovers costs, 
  8.5   including overhead costs, involved in providing the service.  
  8.6   Fee proceeds shall be deposited in the all-terrain vehicle 
  8.7   account in the natural resources fund. 
  8.8      (c) The commissioner shall cooperate with private 
  8.9   organizations and associations, private and public corporations, 
  8.10  and local governmental units in furtherance of the program 
  8.11  established under this section.  School districts may cooperate 
  8.12  with the commissioner and volunteer instructors to provide space 
  8.13  for the classroom portion of the training.  The commissioner 
  8.14  shall consult with the commissioner of public safety in regard 
  8.15  to training program subject matter and performance testing that 
  8.16  leads to the certification of vehicle operators.  By June 30, 
  8.17  2003, the commissioner shall incorporate a riding component in 
  8.18  the safety education and training program. 
  8.19     Sec. 14.  Minnesota Statutes 2002, section 84.925, is 
  8.20  amended by adding a subdivision to read: 
  8.21     Subd. 4.  [EXEMPTION FROM RULEMAKING AND LEGISLATIVE 
  8.22  APPROVAL.] The fee to issue a duplicate all-terrain vehicle 
  8.23  safety certificate under subdivision 1 is not subject to the 
  8.24  rulemaking provisions of chapter 14 and section 14.386 does not 
  8.25  apply.  The commissioner may establish the duplicate all-terrain 
  8.26  safety certificate fee notwithstanding section 16A.1283. 
  8.27     Sec. 15.  Minnesota Statutes 2002, section 84D.13, 
  8.28  subdivision 5, is amended to read: 
  8.29     Subd. 5.  [CIVIL PENALTIES.] A civil citation issued under 
  8.30  this section may must impose civil penalties up to the following 
  8.31  penalty amounts: 
  8.32     (1) for transporting aquatic macrophytes on a forest road 
  8.33  as defined by section 89.001, subdivision 14, road or highway as 
  8.34  defined by section 160.02, subdivision 26, or any other public 
  8.35  road, $50; 
  8.36     (2) for placing or attempting to place into waters of the 
  9.1   state a watercraft, a trailer, or plant harvesting equipment 
  9.2   that has aquatic macrophytes attached, $100; 
  9.3      (3) for transporting a prohibited exotic species other than 
  9.4   an aquatic macrophyte, $100; 
  9.5      (4) for placing or attempting to place into waters of the 
  9.6   state a watercraft, a trailer, or plant harvesting equipment 
  9.7   that has prohibited exotic species attached when the waters are 
  9.8   not designated by the commissioner as being infested with that 
  9.9   species, $500 for the first offense and $1,000 for each 
  9.10  subsequent offense; 
  9.11     (5) for angling, anchoring, or operating a watercraft in a 
  9.12  marked area of a Eurasian water milfoil limited infestation, 
  9.13  other than as provided by law, $100; and 
  9.14     (6) for intentionally damaging, moving, removing, or 
  9.15  sinking a buoy marking, as prescribed by rule, Eurasian water 
  9.16  milfoil, $100. 
  9.17     Sec. 16.  Minnesota Statutes 2002, section 85.052, 
  9.18  subdivision 1, is amended to read: 
  9.19     Subdivision 1.  [RULES AUTHORITY TO ESTABLISH.] (a) The 
  9.20  commissioner may make rules establish, by written order, 
  9.21  provisions for the use of state parks including for the 
  9.22  following: 
  9.23     (1) special parking space for automobiles or other 
  9.24  motor-driven vehicles in a state park or state recreation area; 
  9.25     (2) special parking spurs, campgrounds for automobiles, 
  9.26  sites for tent camping, and special auto trailer coach parking 
  9.27  spaces, for the use of the individual charged for the space; 
  9.28     (3) improvement and maintenance of golf courses already 
  9.29  established in state parks, and charging reasonable use 
  9.30  fees; and 
  9.31     (4) state park pageant areas that may be established in a 
  9.32  state park to have historical or other pageants conducted by the 
  9.33  commissioner of a state agency or other public agency; and 
  9.34     (5) providing water, sewer, and electric service to trailer 
  9.35  or tent campsites and charging a reasonable use fee.  
  9.36     (b) Provisions established under paragraph (a) are exempt 
 10.1   from section 16A.1283 and the rulemaking provisions of chapter 
 10.2   14.  Section 14.386 does not apply. 
 10.3      Sec. 17.  Minnesota Statutes 2002, section 85.052, 
 10.4   subdivision 2, is amended to read: 
 10.5      Subd. 2.  [STATE PARK PAGEANTS.] (a) The commissioner may 
 10.6   stage state park pageants in a state park, municipal park, or on 
 10.7   other land near or adjoining a state park and charge an entrance 
 10.8   or use fee for the pageant.  All receipts from the pageants must 
 10.9   be used in the same manner as though the pageants were conducted 
 10.10  in a state park.  
 10.11     (b) The commissioner may establish, by written order, state 
 10.12  park pageant areas to hold historical or other pageants 
 10.13  conducted by the commissioner of a state agency or other public 
 10.14  agency.  Establishment of the areas is exempt from the 
 10.15  rulemaking provisions of chapter 14 and section 14.386 does not 
 10.16  apply. 
 10.17     Sec. 18.  Minnesota Statutes 2002, section 85.052, is 
 10.18  amended by adding a subdivision to read: 
 10.19     Subd. 5.  [ESTABLISHING FEES.] Except as otherwise 
 10.20  specified in law, and notwithstanding sections 16A.1283 and 
 10.21  16A.1285, subdivision 2, the commissioner shall, by written 
 10.22  order, establish fees providing for the use of state parks and 
 10.23  state recreation areas.  The fees are not subject to the 
 10.24  rulemaking provisions of chapter 14 and section 14.386 does not 
 10.25  apply. 
 10.26     Sec. 19.  Minnesota Statutes 2002, section 85.052, is 
 10.27  amended by adding a subdivision to read: 
 10.28     Subd. 6.  [STATE PARK RESERVATION SYSTEM.] The commissioner 
 10.29  may, by written order, develop reasonable reservation policies 
 10.30  for campsites and other lodging.  These policies are exempt from 
 10.31  rulemaking provisions under chapter 14 and section 14.386 does 
 10.32  not apply. 
 10.33     Sec. 20.  Minnesota Statutes 2002, section 85.055, 
 10.34  subdivision 1a, is amended to read: 
 10.35     Subd. 1a.  [PATRON PERMIT FEE.] Notwithstanding section 
 10.36  16A.1283, the commissioner of natural resources may develop, by 
 11.1   written order, provide a special patron permit requiring 
 11.2   allowing persons to pay an additional amount above the annual 
 11.3   permit fee required in subdivision 1.  The additional amount 
 11.4   paid under this subdivision shall be deposited in the state 
 11.5   treasury and credited to the working capital account under 
 11.6   section 85.22, subdivision 1 is not subject to the rulemaking 
 11.7   provisions of chapter 14 and section 14.386 does not apply. 
 11.8      Sec. 21.  Minnesota Statutes 2002, section 85.22, 
 11.9   subdivision 3, is amended to read: 
 11.10     Subd. 3.  [CHARGES SUFFICIENT TO DEFRAY EXPENSES.] 
 11.11  Notwithstanding section 16A.1283, the commissioner of natural 
 11.12  resources shall, by written order, adjust the schedule of 
 11.13  charges for operating facilities within state parks so as to 
 11.14  produce income sufficient to defray all expenses required to 
 11.15  provide proper operations of said facilities.  An adjustment to 
 11.16  the schedule of charges is not subject to the rulemaking 
 11.17  provisions of chapter 14 and section 14.386 does not apply.  
 11.18     Sec. 22.  Minnesota Statutes 2002, section 86A.05, 
 11.19  subdivision 5, is amended to read: 
 11.20     Subd. 5.  [STATE SCIENTIFIC AND NATURAL AREAS; PURPOSE; 
 11.21  RESOURCE AND SITE QUALIFICATIONS; ADMINISTRATION; DESIGNATION.] 
 11.22  (a) A state scientific and natural area shall be established to 
 11.23  protect and perpetuate in an undisturbed natural state those 
 11.24  natural features which possess exceptional scientific or 
 11.25  educational value.  
 11.26     (b) No unit shall be authorized as a scientific and natural 
 11.27  area unless its proposed location substantially satisfies the 
 11.28  following criteria: 
 11.29     (1) Embraces natural features of exceptional scientific and 
 11.30  educational value, including but not limited to any of the 
 11.31  following: 
 11.32     (i) natural formations or features which significantly 
 11.33  illustrate geological processes; 
 11.34     (ii) significant fossil evidence of the development of life 
 11.35  on earth; 
 11.36     (iii) an undisturbed plant community maintaining itself 
 12.1   under prevailing natural conditions typical of Minnesota; 
 12.2      (iv) an ecological community significantly illustrating the 
 12.3   process of succession and restoration to natural condition 
 12.4   following disruptive change; 
 12.5      (v) a habitat supporting a vanishing, rare, endangered, or 
 12.6   restricted species of plant or animal; 
 12.7      (vi) a relict flora or fauna persisting from an earlier 
 12.8   period; or 
 12.9      (vii) a seasonal haven for concentrations of birds and 
 12.10  animals, or a vantage point for observing concentrated 
 12.11  populations, such as a constricted migration route; and 
 12.12     (2) Embraces an area large enough to permit effective 
 12.13  research or educational functions and to preserve the inherent 
 12.14  natural values of the area.  
 12.15     (c) State scientific and natural areas shall be 
 12.16  administered by the commissioner of natural resources, in 
 12.17  consultation with qualified persons, in a manner which is 
 12.18  consistent with the purposes of this subdivision to preserve, 
 12.19  perpetuate and protect from unnatural influences the scientific 
 12.20  and educational resources within them.  Interpretive studies may 
 12.21  be provided for the general public.  Physical development shall 
 12.22  be limited to the facilities absolutely necessary for 
 12.23  protection, research, and educational projects, and, where 
 12.24  appropriate, for interpretive services. 
 12.25     (d) An area designated as a state scientific and natural 
 12.26  area shall not be altered in designation or use without holding 
 12.27  a public hearing on the matter at a time and place designated in 
 12.28  the notice of the hearing, which shall be published once in a 
 12.29  legal newspaper in each county in which the lands are situated 
 12.30  at least seven days in advance of the hearing.  At the hearing 
 12.31  the commissioner shall provide an opportunity for any person to 
 12.32  be heard.  The commissioner may designate these areas by written 
 12.33  order published in the State Register.  Designations are not 
 12.34  subject to the rulemaking provisions of chapter 14 and section 
 12.35  14.386 does not apply. 
 12.36     (e) At the discretion of the managing agency, each 
 13.1   scientific and natural area shall be designated as one of the 
 13.2   following types: 
 13.3      (i) Research unit.  Use is limited to programs conducted by 
 13.4   qualified scientists and college graduate and postgraduate 
 13.5   students.  
 13.6      (ii) Educational unit.  Permitted uses include all 
 13.7   activities specified in paragraph (i) above and primary, 
 13.8   secondary, and college undergraduate programs.  
 13.9      (iii) Public use unit.  Permitted uses include all uses 
 13.10  permitted in paragraphs (i) and (ii) above and interpretive 
 13.11  programs for the benefit of the general public.  
 13.12     Sec. 23.  Minnesota Statutes 2002, section 86A.07, 
 13.13  subdivision 3, is amended to read: 
 13.14     Subd. 3.  [AUTHORIZATION BY DESIGNATION.] In any instance 
 13.15  where a managing agency, or the commissioner of administration 
 13.16  on behalf of the managing agency, is specifically empowered by 
 13.17  law to acquire lands or waters or any interest in lands or 
 13.18  waters for the purpose of establishing units of the outdoor 
 13.19  recreation system a unit may be authorized upon (1) the 
 13.20  acquisition of land and waters pursuant to the lawful exercise 
 13.21  of the power to acquire and (2) the designation by the managing 
 13.22  agency of the land and waters as a classified unit of the 
 13.23  outdoor recreation system by written order published in the 
 13.24  State Register.  Designations are not subject to the rulemaking 
 13.25  provisions of chapter 14 and section 14.386 does not apply.  
 13.26     Sec. 24.  Minnesota Statutes 2002, section 86A.21, is 
 13.27  amended to read: 
 13.28     86A.21 [POWERS AND DUTIES OF COMMISSIONER.] 
 13.29     (a) The commissioner may:  
 13.30     (1) acquire, construct, and maintain small craft harbors, 
 13.31  channels, and facilities for recreational watercraft in the 
 13.32  navigable waters lying within the locations identified in Laws 
 13.33  1993, chapter 333, section 1; 
 13.34     (2) acquire by purchase, lease, gift, or condemnation the 
 13.35  lands, rights-of-way, easements, and other interests necessary 
 13.36  for small craft harbors, channels, mooring facilities, marinas, 
 14.1   launching ramps, and facilities normally used to support harbors 
 14.2   of refuge, channels, docks, and launching ramps; 
 14.3      (3) provide the public within the boundaries of small craft 
 14.4   harbors, through leases of public property, with mooring 
 14.5   facilities and marinas developed and operated by public or 
 14.6   nonpublic entities at no cost to the state or its political 
 14.7   subdivisions; 
 14.8      (4) charge fees for both seasonal and daily moorage at 
 14.9   state-operated or state-assisted small craft harbors and mooring 
 14.10  facilities; 
 14.11     (5) collect the proceeds from the sale of marine fuel at 
 14.12  small craft harbors or mooring facilities operated by the state. 
 14.13     (b) Fees and proceeds collected under paragraph (a) must be 
 14.14  credited to the water recreation account.  The sale prices of 
 14.15  marine fuel and petroleum supplies and fees under paragraph (a) 
 14.16  are not subject to the rulemaking provisions of chapter 14 and 
 14.17  section 14.386 does not apply.  The commissioner may establish 
 14.18  the fees under paragraph (a) notwithstanding section 16A.1283.  
 14.19  The fees and proceeds are appropriated to the commissioner of 
 14.20  natural resources and must be used for purposes relating to 
 14.21  mooring facilities and small craft harbors, including: 
 14.22     (1) operation and maintenance; 
 14.23     (2) purchase of marine fuel and other petroleum supplies; 
 14.24     (3) replacement or expansion; or 
 14.25     (4) debt service on funds provided through the sale of 
 14.26  state bonds.  
 14.27     (c) Fees collected at small craft harbors and boating 
 14.28  facilities constructed or operated by local units of government 
 14.29  with financial assistance from the state shall, after payment of 
 14.30  the costs of operating and maintaining the facilities, be used 
 14.31  for purposes relating to mooring facilities and small craft 
 14.32  harbors, including: 
 14.33     (1) operation and maintenance; 
 14.34     (2) replacement or expansion; or 
 14.35     (3) debt service on funds provided through the sale of 
 14.36  state bonds. 
 15.1      Sec. 25.  Minnesota Statutes 2002, section 86B.321, 
 15.2   subdivision 2, is amended to read: 
 15.3      Subd. 2.  [NOISE LIMITS.] (a) The noise limits for the 
 15.4   total noise from the marine engine or motorboat may not exceed:  
 15.5      (1) for marine engines or motorboats manufactured before 
 15.6   January 1, 1982, a noise level of 84 decibels on the A scale 
 15.7   measured at a distance of 50 feet from the motorboat or 
 15.8   equivalent noise levels at other distances as specified by the 
 15.9   commissioner; and 
 15.10     (2) for marine engines or motorboats manufactured on or 
 15.11  after January 1, 1982, a noise level of 82 decibels on the A 
 15.12  scale measured at a distance of 50 feet from the motorboat or 
 15.13  equivalent noise levels at other distances as specified by the 
 15.14  commissioner.  
 15.15     (b) The noise limits in paragraph (a) do not preclude 
 15.16  enforcement of other laws relating to motorboat noise.  
 15.17     (c) Equivalent noise levels under paragraph (a) shall be 
 15.18  specified by the commissioner by written order and published in 
 15.19  the State Register.  The noise level determinations are exempt 
 15.20  from the rulemaking provisions of chapter 14 and section 14.386 
 15.21  does not apply. 
 15.22     Sec. 26.  Minnesota Statutes 2002, section 86B.521, is 
 15.23  amended by adding a subdivision to read: 
 15.24     Subd. 6.  [RULEMAKING EXEMPTION.] The test procedures under 
 15.25  subdivisions 2, 3, and 4 shall be established by written order 
 15.26  by the commissioner and published in the State Register.  The 
 15.27  establishment of test procedures is exempt from the rulemaking 
 15.28  provisions of chapter 14 and section 14.386 does not apply. 
 15.29     Sec. 27.  Minnesota Statutes 2002, section 88.79, is 
 15.30  amended by adding a subdivision to read: 
 15.31     Subd. 4.  [RULEMAKING EXEMPTION.] The charge for forest 
 15.32  management services and cost-sharing conservation practices 
 15.33  under this section are not subject to the rulemaking provisions 
 15.34  of chapter 14 and section 14.386 does not apply. 
 15.35     Sec. 28.  Minnesota Statutes 2002, section 89.012, is 
 15.36  amended to read: 
 16.1      89.012 [UNIT FOREST RESOURCE PLANS.] 
 16.2      Each geographic administrative unit of the Division of 
 16.3   Forestry identified by the commissioner as an appropriate unit 
 16.4   for forest resource planning shall have a unit forest resource 
 16.5   plan which is consistent with the forest resource management 
 16.6   policy and plan, including state reforestation and road 
 16.7   policies.  The scope and content of the plan shall be determined 
 16.8   by the commissioner.  The plan is not subject to the rulemaking 
 16.9   provisions of chapter 14 and section 14.386 does not apply.  A 
 16.10  unit plan shall not be implemented until approved by the 
 16.11  commissioner by written order that is published in the State 
 16.12  Register.  
 16.13     A unit plan shall set forth the specific goals and 
 16.14  objectives for the management, protection, development, and 
 16.15  production of forest resources in the administrative unit.  A 
 16.16  unit plan shall be integrated with other uses not managed under 
 16.17  the multiple use, sustained yield principles policy when those 
 16.18  uses have been authorized and approved according to law, 
 16.19  including compliance with environmental review procedures.  Unit 
 16.20  plans shall be revised as necessary to remain consistent with 
 16.21  the forest resource management plan.  
 16.22     Sec. 29.  Minnesota Statutes 2002, section 89.018, 
 16.23  subdivision 1, is amended to read: 
 16.24     Subdivision 1.  [ESTABLISHMENT; TERMINATION.] (a) The 
 16.25  commissioner may establish, by written order published in the 
 16.26  State Register, heritage forest areas within counties named 
 16.27  under this subdivision if: 
 16.28     (1) the commissioner determines that establishment is 
 16.29  consistent with the purposes of the heritage forest; and 
 16.30     (2) the county board has submitted a resolution to the 
 16.31  commissioner delineating and requesting establishment of the 
 16.32  heritage forest areas of the county. 
 16.33     (b) The named counties for the Big Woods Heritage Forest 
 16.34  are: 
 16.35     (1) Blue Earth; 
 16.36     (2) Carver; 
 17.1      (3) Dakota; 
 17.2      (4) Hennepin; 
 17.3      (5) Le Sueur; 
 17.4      (6) McLeod; 
 17.5      (7) Meeker; 
 17.6      (8) Nicollet; 
 17.7      (9) Rice; 
 17.8      (10) Sibley; 
 17.9      (11) Scott; 
 17.10     (12) Waseca; and 
 17.11     (13) Wright. 
 17.12     (c) The commissioner may terminate the heritage forest 
 17.13  status of an area within a county if the commissioner determines 
 17.14  that the termination would be in the public interest and the 
 17.15  county board has submitted a resolution to the commissioner 
 17.16  requesting termination. 
 17.17     Sec. 30.  Minnesota Statutes 2002, section 89.018, 
 17.18  subdivision 2, is amended to read: 
 17.19     Subd. 2.  [COMMISSIONER'S POWERS.] (a) Within areas 
 17.20  established as a heritage forest under subdivision 1, the 
 17.21  commissioner may: 
 17.22     (1) designate, by written order published in the State 
 17.23  Register, any commissioner-administered state-owned lands as 
 17.24  heritage forest lands for management purposes, including lands 
 17.25  that have previously been designated for another purpose; 
 17.26     (2) accept donations of land, including easements under 
 17.27  subdivision 3, for heritage forest management; 
 17.28     (3) manage lands designated by local governments for 
 17.29  heritage forest management; and 
 17.30     (4) contract with other agencies or organizations for 
 17.31  management services, including any required monitoring 
 17.32  activities. 
 17.33     (b) Lands designated under paragraph (a), clause (1), that 
 17.34  were previously designated by law or by the commissioner 
 17.35  continue to be subject to requirements and uses authorized under 
 17.36  the previous designation. 
 18.1      Sec. 31.  Minnesota Statutes 2002, section 89.018, is 
 18.2   amended by adding a subdivision to read: 
 18.3      Subd. 7.  [RULEMAKING EXEMPTION.] Designations under 
 18.4   subdivisions 1 and 2 are not subject to the rulemaking 
 18.5   provisions of chapter 14 and section 14.386 does not apply. 
 18.6      Sec. 32.  Minnesota Statutes 2002, section 89.19, is 
 18.7   amended to read: 
 18.8      89.19 [RULES.] 
 18.9      Subdivision 1.  [RULEMAKING AUTHORITY.] The commissioner 
 18.10  may prescribe rules governing the use of forest lands under the 
 18.11  authority of the commissioner and state forest roads, or any 
 18.12  parts thereof, by the public and governing the exercise by 
 18.13  holders of leases or permits on forest lands and state forest 
 18.14  roads of all their rights under the leases or permits.  
 18.15     Subd. 2.  [RULEMAKING EXEMPTION.] Designations of forest 
 18.16  trails by the commissioner shall be by written order published 
 18.17  in the State Register.  Designations are not subject to the 
 18.18  rulemaking provisions of chapter 14 and section 14.386 does not 
 18.19  apply.  Before designating forest trails, the commissioner shall 
 18.20  hold a public meeting in the county where the largest portion of 
 18.21  the forest lands are located to provide information to and 
 18.22  receive comment from the public regarding the proposed trail 
 18.23  designation.  Sixty days before the public meeting, notice of 
 18.24  the proposed forest trail shall be published in the legal 
 18.25  newspapers that serve the counties in which the lands are 
 18.26  located, in a statewide Department of Natural Resources news 
 18.27  release, and in the State Register. 
 18.28     Sec. 33.  Minnesota Statutes 2002, section 89.21, is 
 18.29  amended to read: 
 18.30     89.21 [CAMPGROUNDS, ESTABLISHMENT AND FEES.] 
 18.31     (a) The commissioner is authorized to establish and develop 
 18.32  state forest campgrounds and may establish minimum standards not 
 18.33  inconsistent with the laws of the state for the care and use of 
 18.34  such campgrounds and charge fees for such uses as specified by 
 18.35  the commissioner of natural resources.  
 18.36     (b) Notwithstanding section 16A.1283, the commissioner 
 19.1   shall, by written order, establish fees providing for the use of 
 19.2   state forest campgrounds.  The fees are not subject to the 
 19.3   rulemaking provisions of chapter 14 and section 14.386 does not 
 19.4   apply. 
 19.5      (c) All fees shall be deposited in the general fund.  
 19.6      Sec. 34.  Minnesota Statutes 2002, section 89.37, is 
 19.7   amended by adding a subdivision to read: 
 19.8      Subd. 7.  [RULEMAKING EXEMPTION.] The sale price of 
 19.9   planting stock and native tree seeds distributed by the 
 19.10  commissioner under this section is not subject to the rulemaking 
 19.11  provisions of chapter 14 and section 14.386 does not apply.  The 
 19.12  commissioner may establish the sale price of planting stock and 
 19.13  native tree seeds notwithstanding section 16A.1283. 
 19.14     Sec. 35.  Minnesota Statutes 2002, section 89.53, 
 19.15  subdivision 1, is amended to read: 
 19.16     Subdivision 1.  [COMMISSIONER'S DUTIES; NOTICE OF CONTROL 
 19.17  MEASURES.] Whenever the commissioner finds that an area in the 
 19.18  state is infested or threatened to be infested with forest 
 19.19  pests, the commissioner shall determine whether measures of 
 19.20  control are needed and are available and the area over which the 
 19.21  control measures shall be applied.  The commissioner shall 
 19.22  prescribe a proposed zone of infestation covering the area in 
 19.23  which control measures are to be applied and shall publish 
 19.24  notice of the proposal once a week, for two successive weeks in 
 19.25  a newspaper having a general circulation in each county located 
 19.26  in whole or in part in the proposed zone of 
 19.27  infestation.  Prescribing zones of infestation is exempt from 
 19.28  the rulemaking provisions of chapter 14 and section 14.386 does 
 19.29  not apply. 
 19.30     Sec. 36.  Minnesota Statutes 2002, section 89.71, 
 19.31  subdivision 1, is amended to read: 
 19.32     Subdivision 1.  [DESIGNATION, INVENTORY, RECORDING.] Forest 
 19.33  roads, bridges, and other improvements administered under 
 19.34  section 89.002, subdivision 3, are designated as state forest 
 19.35  roads to the width of the actual use including ditches, 
 19.36  backslopes, fills, and maintained right-of-way, unless otherwise 
 20.1   specified in a prior easement of record.  The commissioner may 
 20.2   designate forest roads by written order published in the State 
 20.3   Register.  The commissioner may undesignate, by written order 
 20.4   published in the State Register, all or part of a state forest 
 20.5   road that is not needed to carry out forest resource management 
 20.6   policy.  Designations and undesignations are not subject to the 
 20.7   rulemaking provisions of chapter 14 and section 14.386 does not 
 20.8   apply.  The commissioner shall maintain and keep current an 
 20.9   inventory listing and describing roads in which the state claims 
 20.10  a right or property interest for state forest road purposes.  
 20.11  The commissioner may file for record with a county recorder or 
 20.12  registrar of titles appropriate documents setting forth the 
 20.13  state's interest in all or part of any state forest road.  
 20.14     Sec. 37.  Minnesota Statutes 2002, section 97A.101, 
 20.15  subdivision 2, is amended to read: 
 20.16     Subd. 2.  [MANAGEMENT DESIGNATION.] (a) The commissioner 
 20.17  may designate, reserve, and manage public waters for wildlife 
 20.18  after giving notice and holding a public hearing.  The hearing 
 20.19  must be held in the county where the major portion of the waters 
 20.20  is located.  Notice of the hearing must be published in a legal 
 20.21  newspaper within each county where the waters are located at 
 20.22  least seven days before the hearing.  The designation by the 
 20.23  commissioner shall be by written order published in the State 
 20.24  Register.  Designations are not subject to the rulemaking 
 20.25  provisions of chapter 14 and section 14.386 does not apply. 
 20.26     (b) The commissioner may contract with riparian owners for 
 20.27  water projects under section 103G.121, subdivision 3, and may 
 20.28  acquire land, accept local funding, and construct, maintain, and 
 20.29  operate structures to control water levels under section 
 20.30  103G.505 to manage designated waters.  
 20.31     Sec. 38.  Minnesota Statutes 2002, section 97A.133, 
 20.32  subdivision 3, is amended to read: 
 20.33     Subd. 3.  [ALL-TERRAIN VEHICLE TRAVEL WITHIN DESIGNATED 
 20.34  WILDLIFE MANAGEMENT AREAS.] (a) On lands acquired by the state 
 20.35  under chapter 84A that are designated after January 1, 1986, as 
 20.36  wildlife management areas, the commissioner shall, by January 
 21.1   15, 2004, identify, designate, and sign at least 90 miles of 
 21.2   all-terrain vehicle trails, not including public roads that are 
 21.3   maintained and open to travel by other noncommercial vehicles, 
 21.4   in corridors of disturbance that: 
 21.5      (1) the commissioner determines are appropriate to connect 
 21.6   trails, forest roads established under section 89.71, 
 21.7   subdivision 1, and public highways to provide reasonable travel 
 21.8   for all-terrain vehicles; or 
 21.9      (2) are areas of historic all-terrain vehicle use, 
 21.10  including trails that end within a wildlife management area. 
 21.11     The designated trails must be either within or contiguous 
 21.12  to the wildlife management areas.  The commissioner shall 
 21.13  consult with wildlife management area users, including both 
 21.14  motorized and nonmotorized trail users, in identifying and 
 21.15  designating trails under this paragraph.  Trail establishment 
 21.16  must be in compliance with other state and federal law.  Local 
 21.17  governments and other trail sponsors may propose the designation 
 21.18  of trails, including the designation as a grant-in-aid trail for 
 21.19  the purposes of funding under section 84.927, subdivision 
 21.20  2.  Designation of trails by the commissioner, authorized under 
 21.21  this subdivision, shall be by written order published in the 
 21.22  State Register.  Designations are not subject to the rulemaking 
 21.23  provisions of chapter 14 and section 14.386 does not apply. 
 21.24     (b) The following roads shall be open to travel by 
 21.25  all-terrain vehicles when the roads are open to other 
 21.26  noncommercial vehicles: 
 21.27     (1) the Rapid River Forest Road, beginning at the west 
 21.28  boundary of the Red Lake Wildlife Management Area at the 
 21.29  southwest corner of Section 7, Township 156 North, Range 35 
 21.30  West, Beltrami County, thence in an easterly and northeasterly 
 21.31  direction through the Red Lake Wildlife Management Area to the 
 21.32  east boundary of the Red Lake Wildlife Management Area at the 
 21.33  southwest corner of Section 7, Township 157 North, Range 33 
 21.34  West, Lake of the Woods County; 
 21.35     (2) the Blanchard Forest Road, beginning at the junction of 
 21.36  the North Shore Road along the northern shore of Upper Red Lake 
 22.1   and the Blanchard State Forest Road at the west section line of 
 22.2   Section 30, Township 155 North, Range 31 West, Beltrami County, 
 22.3   thence in a westerly direction to the west section line of 
 22.4   Section 31, Township 155 North, Range 32 West; 
 22.5      (3) the Moose River Forest Road, beginning at the junction 
 22.6   of Dick's Parkway State Forest Road and the Moose River State 
 22.7   Forest Road at the southwest corner of Section 31, Township 36 
 22.8   West, Range 158 North, thence in a westerly direction along the 
 22.9   Moose River State Forest Road to the junction of Beltrami County 
 22.10  Road 706; and 
 22.11     (4) the existing west access road to the Moose River dike, 
 22.12  which is included in meeting the required all-terrain vehicle 
 22.13  trail mileage specified in paragraph (a). 
 22.14     (c) The commissioner shall sign each road and trail 
 22.15  designated under this subdivision indicating the motorized uses 
 22.16  allowed. 
 22.17     (d) During the regular firearms deer season, on all 
 22.18  wildlife management area lands within the area described in 
 22.19  paragraph (e), a person licensed to take deer may operate an 
 22.20  all-terrain vehicle: 
 22.21     (1) before legal shooting hours; 
 22.22     (2) after legal shooting hours; and 
 22.23     (3) from 11:00 a.m. to 2:00 p.m. 
 22.24     (e) Paragraph (d) applies from where State Highway No. 1 
 22.25  intersects the west boundary of the Red Lake Indian Reservation, 
 22.26  then west to State Highway No. 219, then north on State Highway 
 22.27  No. 219 to State Highway No. 89, then north on State Highway No. 
 22.28  89 to County Highway No. 6, then east on County Highway No. 6 to 
 22.29  County Highway No. 54 and County Highway No. 1 
 22.30  (Beltrami/Marshall county line) then north along the 
 22.31  Beltrami/Marshall county line to Roseau county line, then east 
 22.32  on Beltrami/Roseau county line to Dick's Parkway, then south on 
 22.33  Dick's Parkway to County Road No. 704, Beltrami County, then 
 22.34  south to County State-Aid Highway No. 44 to Fourtown, then south 
 22.35  on State Highway No. 89 to the north boundary of the Red Lake 
 22.36  Indian Reservation, then west and south following the boundary 
 23.1   of the Red Lake Indian Reservation to where it intersects State 
 23.2   Highway No. 1. 
 23.3      (f) For the purposes of this subdivision, "corridors of 
 23.4   disturbance" means rights-of-way such as ditches, ditch banks, 
 23.5   transmission lines, pipelines, permanent roads, winter roads, 
 23.6   and recreational trails.  The existence of a corridor of 
 23.7   disturbance eligible for corridor designation may be 
 23.8   demonstrated by physical evidence, document recorded in the 
 23.9   office of the county recorder or other public official, aerial 
 23.10  survey, or other evidence similar to the above.  Cross-country 
 23.11  motorized use of land shall not cause that land to be considered 
 23.12  a corridor of disturbance. 
 23.13     Sec. 39.  Minnesota Statutes 2002, section 97A.135, 
 23.14  subdivision 1, is amended to read: 
 23.15     Subdivision 1.  [PUBLIC HUNTING AND WILDLIFE AREAS.] (a) 
 23.16  The commissioner or the commissioner of administration shall 
 23.17  acquire and improve land for public hunting, game refuges, and 
 23.18  food and cover planting.  The land may be acquired by a gift, 
 23.19  lease, easement, purchase, or condemnation.  At least two-thirds 
 23.20  of the total area acquired in a county must be open to public 
 23.21  hunting.  The commissioner may designate, by written order 
 23.22  published in the State Register, land acquired under this 
 23.23  subdivision as a wildlife management area for the purposes of 
 23.24  the outdoor recreation system.  Designations of wildlife 
 23.25  management areas are exempt from the rulemaking provisions of 
 23.26  chapter 14 and section 14.386 does not apply.  
 23.27     (b) The commissioner of administration may transfer money 
 23.28  to the commissioner for acquiring wildlife lands to qualify for 
 23.29  Pittman-Robertson funds.  The transferred money is 
 23.30  reappropriated to the commissioner for the wildlife land 
 23.31  acquisition.  
 23.32     Sec. 40.  Minnesota Statutes 2002, section 97A.145, 
 23.33  subdivision 1, is amended to read: 
 23.34     Subdivision 1.  [ACQUISITION; GENERALLY.] (a) The 
 23.35  commissioner or the commissioner of administration may acquire 
 23.36  wetlands and bordering areas, including marshes, ponds, small 
 24.1   lakes, and stream bottoms for water conservation relating to 
 24.2   wildlife development.  The lands that are acquired may be 
 24.3   developed for wildlife, recreation, and public hunting.  The 
 24.4   wetlands may be acquired by gift, lease, purchase, or exchange 
 24.5   of state lands. 
 24.6      (b) The commissioner may also acquire land owned by the 
 24.7   state and tax-forfeited land that is suitable for wildlife 
 24.8   development.  The wetlands may not be acquired unless public 
 24.9   access by right-of-way or easement from a public road is also 
 24.10  acquired or available.  In acquiring wetlands under this section 
 24.11  the commissioner shall assign highest priority to type 3 and 4 
 24.12  wetlands, as defined in United States Fish and Wildlife Service 
 24.13  Circular No. 39 (1971 edition), that are public waters.  Lands 
 24.14  purchased or leased under this section may not be used to 
 24.15  produce crops unless needed for wildlife.  The commissioner may 
 24.16  designate, by written order published in the State Register, 
 24.17  land acquired under this section as a wildlife management area 
 24.18  for purposes of the outdoor recreation system.  Designations of 
 24.19  wildlife management areas are exempt from the rulemaking 
 24.20  provisions of chapter 14 and section 14.386 does not apply.  
 24.21     Sec. 41.  Minnesota Statutes 2002, section 97B.015, is 
 24.22  amended by adding a subdivision to read: 
 24.23     Subd. 7.  [FEE FOR DUPLICATE CERTIFICATE.] The commissioner 
 24.24  shall collect a fee for issuing a duplicate firearms safety 
 24.25  certificate.  The commissioner shall establish a fee that 
 24.26  neither significantly overrecovers nor underrecovers costs, 
 24.27  including overhead costs, involved in providing the service.  
 24.28  The fee is not subject to the rulemaking provisions of chapter 
 24.29  14 and section 14.386 does not apply.  The commissioner may 
 24.30  establish the fee notwithstanding section 16A.1283. 
 24.31     Sec. 42.  Minnesota Statutes 2002, section 97B.025, is 
 24.32  amended to read: 
 24.33     97B.025 [HUNTER AND TRAPPER EDUCATION.] 
 24.34     (a) The commissioner may establish education courses for 
 24.35  hunters and trappers.  The commissioner shall collect a fee from 
 24.36  each person attending a course.  A fee shall be collected for 
 25.1   issuing a duplicate certificate.  The commissioner shall 
 25.2   establish a fee the fees in a manner that neither significantly 
 25.3   overrecovers nor underrecovers costs, including overhead costs, 
 25.4   involved in providing the services.  The fee is fees are not 
 25.5   subject to the rulemaking provisions of chapter 14 and section 
 25.6   14.386 does not apply.  The commissioner may establish the fees 
 25.7   notwithstanding section 16A.1283.  The fees shall be deposited 
 25.8   in the game and fish fund and the amount thereof is appropriated 
 25.9   annually to the Enforcement Division of the Department of 
 25.10  Natural Resources for the administration of the program.  In 
 25.11  addition to the fee established by the commissioner for each 
 25.12  course, instructors may charge each person up to the established 
 25.13  fee amount for class materials and expenses.  School districts 
 25.14  may cooperate with the commissioner and volunteer instructors to 
 25.15  provide space for the classroom portion of the training. 
 25.16     (b) The commissioner shall enter into an agreement with a 
 25.17  statewide nonprofit trappers association to conduct a trapper 
 25.18  education program.  At a minimum, the program must include at 
 25.19  least six hours of classroom and in the field training.  The 
 25.20  program must include a review of state trapping laws and 
 25.21  regulations, trapping ethics, the setting and tending of traps 
 25.22  and snares, tagging and registration requirements, and the 
 25.23  preparation of pelts.  The association shall be responsible for 
 25.24  all costs of conducting the education program, and shall not 
 25.25  charge any fee for attending the course. 
 25.26     Sec. 43.  Minnesota Statutes 2002, section 103G.223, is 
 25.27  amended to read: 
 25.28     103G.223 [CALCAREOUS FENS.] 
 25.29     Calcareous fens, as identified by the commissioner by 
 25.30  written order published in the State Register, may not be 
 25.31  filled, drained, or otherwise degraded, wholly or partially, by 
 25.32  any activity, unless the commissioner, under an approved 
 25.33  management plan, decides some alteration is necessary.  
 25.34  Identifications made by the commissioner are not subject to the 
 25.35  rulemaking provisions of chapter 14 and section 14.386 does not 
 25.36  apply. 
 26.1      Sec. 44.  Minnesota Statutes 2002, section 103I.601, 
 26.2   subdivision 3, is amended to read: 
 26.3      Subd. 3.  [NOTIFICATION OF PROJECT CONSTRUCTION.] (a) By 30 
 26.4   days before making an exploratory boring, an explorer must 
 26.5   register with the commissioner of natural resources and provide 
 26.6   a copy of the registration to the commissioner of health.  The 
 26.7   registration must include:  
 26.8      (1) the identity of the firm, association, or company 
 26.9   engaged in exploratory boring; and 
 26.10     (2) the identification of an agent, including the agent's 
 26.11  business address.  
 26.12     (b) The commissioner of natural resources may require a 
 26.13  bond, security, or other assurance from an explorer if the 
 26.14  commissioner of natural resources has reasonable doubts about 
 26.15  the explorer's financial ability to comply with requirements of 
 26.16  law relating to exploratory boring.  The commissioner's 
 26.17  determination to require assurance is exempt from the rulemaking 
 26.18  provisions of chapter 14 and section 14.386 does not apply. 
 26.19     (c) An explorer shall annually register with the 
 26.20  commissioner of natural resources while conducting exploratory 
 26.21  boring. 
 26.22     Sec. 45.  Minnesota Statutes 2002, section 282.01, 
 26.23  subdivision 3, is amended to read: 
 26.24     Subd. 3.  [NONCONSERVATION LANDS; APPRAISAL AND SALE.] All 
 26.25  parcels of land classified as nonconservation, except those 
 26.26  which may be reserved, shall be sold as provided, if it is 
 26.27  determined, by the county board of the county in which the 
 26.28  parcels lie, that it is advisable to do so, having in mind their 
 26.29  accessibility, their proximity to existing public improvements, 
 26.30  and the effect of their sale and occupancy on the public 
 26.31  burdens.  Any parcels of land proposed to be sold shall be first 
 26.32  appraised by the county board of the county in which the parcels 
 26.33  lie.  The parcels may be reappraised whenever the county board 
 26.34  deems it necessary to carry out the intent of sections 282.01 to 
 26.35  282.13.  In an appraisal the value of the land and any standing 
 26.36  timber on it shall be separately determined.  No parcel of land 
 27.1   containing any standing timber may be sold until the appraised 
 27.2   value of the timber on it and the sale of the land have been 
 27.3   approved by the commissioner of natural resources.  The 
 27.4   commissioner shall base review of a proposed sale on the policy 
 27.5   and considerations specified in subdivision 1.  The decision of 
 27.6   the commissioner shall be in writing and shall state the reasons 
 27.7   for it.  The commissioner's decision is exempt from the 
 27.8   rulemaking provisions of chapter 14 and section 14.386 does not 
 27.9   apply.  The county may appeal the decision of the commissioner 
 27.10  in accordance with chapter 14.  
 27.11     In any county in which a state forest or any part of it is 
 27.12  located, the county auditor shall submit to the commissioner at 
 27.13  least 30 days before the first publication of the list of lands 
 27.14  to be offered for sale a list of all lands included on the list 
 27.15  which are situated outside of any incorporated municipality.  
 27.16  If, at any time before the opening of the sale, the commissioner 
 27.17  notifies the county auditor in writing that there is standing 
 27.18  timber on any parcel of such land, the parcel shall not be sold 
 27.19  unless the requirements of this section respecting the separate 
 27.20  appraisal of the timber and the approval of the appraisal by the 
 27.21  commissioner have been complied with.  The commissioner may 
 27.22  waive the requirement of the 30-day notice as to any parcel of 
 27.23  land which has been examined and the timber value approved as 
 27.24  required by this section. 
 27.25     If any public improvement is made by a municipality after 
 27.26  any parcel of land has been forfeited to the state for the 
 27.27  nonpayment of taxes, and the improvement is assessed in whole or 
 27.28  in part against the property benefited by it, the clerk of the 
 27.29  municipality shall certify to the county auditor, immediately 
 27.30  upon the determination of the assessments for the improvement, 
 27.31  the total amount that would have been assessed against the 
 27.32  parcel of land if it had been subject to assessment; or if the 
 27.33  public improvement is made, petitioned for, ordered in or 
 27.34  assessed, whether the improvement is completed in whole or in 
 27.35  part, at any time between the appraisal and the sale of the 
 27.36  parcel of land, the cost of the improvement shall be included as 
 28.1   a separate item and added to the appraised value of the parcel 
 28.2   of land at the time it is sold.  No sale of a parcel of land 
 28.3   shall discharge or free the parcel of land from lien for the 
 28.4   special benefit conferred upon it by reason of the public 
 28.5   improvement until the cost of it, including penalties, if any, 
 28.6   is paid.  The county board shall determine the amount, if any, 
 28.7   by which the value of the parcel was enhanced by the improvement 
 28.8   and include the amount as a separate item in fixing the 
 28.9   appraised value for the purpose of sale.  In classifying, 
 28.10  appraising, and selling the lands, the county board may 
 28.11  designate the tracts as assessed and acquired, or may by 
 28.12  resolution provide for the subdivision of the tracts into 
 28.13  smaller units or for the grouping of several tracts into one 
 28.14  tract when the subdivision or grouping is deemed advantageous 
 28.15  for the purpose of sale.  Each such smaller tract or larger 
 28.16  tract must be classified and appraised as such before being 
 28.17  offered for sale.  If any such lands have once been classified, 
 28.18  the board of county commissioners, in its discretion, may, by 
 28.19  resolution, authorize the sale of the smaller tract or larger 
 28.20  tract without reclassification. 
 28.21     Sec. 46.  [EFFECTIVE DATE.] 
 28.22     This act is effective the day following final enactment.