Minnesota Legislature
SF 2674
1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to natural resources; clarifying the aquatic 1.3 life that may be raised on aquatic farms; modifying 1.4 timber permit and lease provisions; creating a prairie 1.5 chicken hunting license; providing for the consumption 1.6 of game at fundraising events; restricting the taking 1.7 of fish on certain waters; providing for trapper 1.8 education programs; modifying requirements for taking 1.9 turtles; modifying requirements for a firearms safety 1.10 certificate; providing for enforcement authority and 1.11 restoration requirements related to gathering or 1.12 destroying aquatic plants; eliminating certain 1.13 experimental trout stream restrictions; modifying 1.14 timber sale provisions for tax-forfeited land in St. 1.15 Louis county; providing criminal penalties; 1.16 appropriating money; amending Minnesota Statutes 2000, 1.17 sections 17.47, subdivision 7; 90.151, subdivision 1; 1.18 90.162; 97A.475, subdivisions 2, 41; 97B.020; 97B.025; 1.19 97B.601, subdivision 4; 97C.025; 97C.605; 97C.611; 1.20 103G.615, by adding subdivisions; Minnesota Statutes 1.21 2001 Supplement, section 282.04, subdivision 1; 1.22 proposing coding for new law in Minnesota Statutes, 1.23 chapters 97A; 97B; repealing Minnesota Statutes 2000, 1.24 sections 90.50; 97C.003; 97C.605, subdivision 4. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 Section 1. Minnesota Statutes 2000, section 17.47, 1.27 subdivision 7, is amended to read: 1.28 Subd. 7. [PRIVATE AQUATIC LIFE.] "Private aquatic life" 1.29 means fish, shellfish, mollusks, crustaceans, turtles, and any 1.30 other aquatic animals cultured within an aquatic farm. Private 1.31 aquatic life is the property of the aquatic farmer. 1.32 Sec. 2. Minnesota Statutes 2000, section 90.151, 1.33 subdivision 1, is amended to read: 1.34 Subdivision 1. [ISSUANCE; EXPIRATION.] (a) Following 1.35 receipt of the down payment for state timber sold at public 2.1 auction, the commissioner shall issue a numbered permit to the 2.2 purchaser, in a form approved by the attorney general, by the 2.3 terms of which the purchaser shall be authorized to enter upon 2.4 the land, and to cut and remove the timber therein described, 2.5 according to the provisions of this chapter. The permit shall 2.6 be correctly dated and executed by the commissioner or agent and 2.7 signed by the purchaser. If a permit is not signed by the 2.8 purchaser within 60 days from the date of purchase, the permit 2.9 cancels and the down payment for timber forfeits to the state. 2.10 (b) The permit shall expire no later than five years after 2.11 the date of sale as the commissioner shall specify, and the 2.12 timber shall be cut within the time specified therein. All cut 2.13 timber, equipment, and buildings not removed from the land 2.14 within 90 days after expiration of the permit shall become the 2.15 property of the state. 2.16 (c) The commissioner may grant an additional period of time 2.17 not to exceed 120 days for the removal of cut timber, equipment, 2.18 and buildings upon receipt of such request by the permit holder 2.19 for good and sufficient reasons. The commissioner may grant a 2.20 second period of time not to exceed 120 days for the removal of 2.21 cut timber, equipment, and buildings upon receipt of a request 2.22 by the permit holder for hardship reasons only. 2.23 (d) No permit shall be issued to any person other than the 2.24 purchaser in whose name the bid was made. 2.25 Sec. 3. Minnesota Statutes 2000, section 90.162, is 2.26 amended to read: 2.27 90.162 [ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS.] 2.28 In lieu of the bond or cash deposit equal to the value of 2.29 all timber covered by the permit required by section 90.161 or 2.30 90.173, a purchaser of state timber may, at the time of the bid2.31approval and upon payment by the purchaser to the commissioner2.32of 15 percent of the appraised value under section 90.14,elect 2.33 in writing on a form prescribed by the attorney general 2.34 toprepaygive good and valid surety to the state of Minnesota 2.35 equal to the purchase price for any designated cutting block 2.36 identified on the permit before the date the purchaser enters 3.1 upon the land to begin harvesting the timber on the designated 3.2 cutting block. 3.3 Sec. 4. [97A.434] [PRAIRIE CHICKEN LICENSES.] 3.4 Subdivision 1. [NUMBER OF LICENSES TO BE ISSUED.] If the 3.5 commissioner establishes an open season for prairie chickens 3.6 under section 97B.711, the commissioner shall also determine, by 3.7 rule, the number of licenses to be issued. 3.8 Subd. 2. [ELIGIBILITY.] Eligibility for a prairie chicken 3.9 license shall be determined by this section and by rule adopted 3.10 by the commissioner. A person is eligible for a prairie chicken 3.11 license only if the person: 3.12 (1) is a resident; and 3.13 (2) was born before January 1, 1980, or possesses a 3.14 firearms safety certificate. 3.15 Subd. 3. [APPLICATION FOR LICENSE.] An application for a 3.16 prairie chicken license must be made in a manner provided by the 3.17 commissioner and accompanied by a $3 application fee. The $3 3.18 application fee is appropriated as prescribed in Minnesota 3.19 Statutes, section 84.027, subdivision 15, paragraph (d), to pay 3.20 for costs associated with conducting the prairie chicken license 3.21 drawing. A person may not make more than one application for 3.22 each season. If a person makes more than one application, the 3.23 person is ineligible for a license for that season after 3.24 determination by the commissioner, without a hearing. 3.25 Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 3.26 The commissioner may conduct a separate selection for up to 20 3.27 percent of the prairie chicken licenses to be issued for any 3.28 area. Only persons who are owners or tenants of at least 40 3.29 acres of prairie or grassland in the area, and their family 3.30 members, are eligible applicants for prairie chicken licenses 3.31 for the separate selection. The qualifying prairie or grassland 3.32 may be noncontiguous. Persons who are unsuccessful in a 3.33 separate selection must be included in the selection for the 3.34 remaining licenses. Persons who obtain a license in a separate 3.35 selection must allow public prairie chicken hunting on their 3.36 land during that prairie chicken season. 4.1 (b) The commissioner may by rule establish criteria for 4.2 determining eligible family members under this subdivision. 4.3 Sec. 5. Minnesota Statutes 2000, section 97A.475, 4.4 subdivision 2, is amended to read: 4.5 Subd. 2. [RESIDENT HUNTING.] Fees for the following 4.6 licenses, to be issued to residents only, are: 4.7 (1) for persons under age 65 to take small game, $12; 4.8 (2) for persons age 65 or over, $6; 4.9 (3) to take turkey, $18; 4.10 (4) to take deer with firearms, $25; 4.11 (5) to take deer by archery, $25; 4.12 (6) to take moose, for a party of not more than six 4.13 persons, $310; 4.14 (7) to take bear, $38; 4.15 (8) to take elk, for a party of not more than two persons, 4.16 $250; 4.17 (9) to take antlered deer in more than one zone, $50; 4.18 (10) to take Canada geese during a special season, $4;and4.19 (11) to take an antlered buck throughout the state in any 4.20 open deer season, except as restricted under section 97B.305, 4.21 $66; and 4.22 (12) to take prairie chickens, $20. 4.23 Sec. 6. Minnesota Statutes 2000, section 97A.475, 4.24 subdivision 41, is amended to read: 4.25 Subd. 41. [TURTLESELLERSLICENSES.] (a) The fee for a 4.26 turtle seller's license to sell turtles and to take, transport, 4.27purchasebuy, and possess turtles for sale is $70. 4.28 (b) The fee for a recreational turtle license to take, 4.29 transport, and possess turtles for personal use is $25. 4.30 (c) The fee for a turtle seller's apprentice license is $25. 4.31 Sec. 7. [97A.510] [GAME FOR CONSUMPTION AT FUNDRAISING 4.32 EVENTS.] 4.33 (a) Nonprofit organizations may charge a fee for admission 4.34 to fundraising events when game that is lawfully taken and 4.35 possessed under the game and fish laws is donated to the 4.36 organization and is served for consumption on the premises where 5.1 the fundraising event is held. 5.2 (b) Game donated to the nonprofit organization must be 5.3 marked as provided in section 97A.505, subdivision 4. The game 5.4 donated to a nonprofit organization and stored by the 5.5 organization is considered to be in the possession of the person 5.6 making the donation, and is subject to inspection as provided in 5.7 section 97A.215, subdivision 1. As provided in section 97A.505, 5.8 subdivision 5, a license is not required for the nonprofit 5.9 organization to possess or transport the donated game. 5.10 (c) The nonprofit organization must keep records of the 5.11 game donated to the organization, and the records must be 5.12 available for inspection for two years from the date of the 5.13 fundraising event. The records must show: 5.14 (1) the names and addresses of persons donating the game; 5.15 (2) the license number or possession permit number under 5.16 which the game was lawfully taken or possessed; and 5.17 (3) the date, location, and purpose of the fundraising 5.18 event that utilized the donation. 5.19 Sec. 8. Minnesota Statutes 2000, section 97B.020, is 5.20 amended to read: 5.21 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 5.22 (a) Except as provided in this section, a person born after 5.23 December 31, 1979, may not obtain an annual license to take wild 5.24 animals by firearms unless the person has a firearms safety 5.25 certificate or equivalent certificate, driver's license or 5.26 identification card with a valid firearms safety qualification 5.27 indicator issued under section 171.07, subdivision 13,previous5.28hunting license,or other evidence indicating that the person 5.29 has completed in this state or in another state a hunter safety 5.30 course recognized by the department under a reciprocity 5.31 agreement. A person who is on active duty and has successfully 5.32 completed basic training in the United States armed forces, 5.33 reserve component, or national guard may obtain a hunting 5.34 license or approval authorizing hunting regardless of whether 5.35 the person is issued a firearms safety certificate. 5.36 (b) A person born after December 31, 1979, may not use a 6.1 lifetime license to take wild animals by firearms, unless the 6.2 person meets the requirements for obtaining an annual license 6.3 under paragraph (a). 6.4 Sec. 9. Minnesota Statutes 2000, section 97B.025, is 6.5 amended to read: 6.6 97B.025 [HUNTER AND TRAPPER EDUCATION.] 6.7 (a) The commissioner may establish education courses for 6.8 hunters and trappers. The commissioner shall collect a fee from 6.9 each person attending a course. The commissioner shall 6.10 establish a fee that neither significantly over recovers nor 6.11 under recovers costs, including overhead costs, involved in 6.12 providing the services. The fee is not subject to the 6.13 rulemaking provisions of chapter 14 and section 14.386 does not 6.14 apply. The fees shall be deposited in the game and fish fund 6.15 and the amount thereof is appropriated annually to the 6.16 enforcement division of the department of natural resources for 6.17 the administration of the program. In addition to the fee 6.18 established by the commissioner, instructors may charge each 6.19 person up to the established fee amount for class materials and 6.20 expenses. School districts may cooperate with the commissioner 6.21 and volunteer instructors to provide space for the classroom 6.22 portion of the training. 6.23 (b) The commissioner shall enter into an agreement with a 6.24 statewide nonprofit trappers association to conduct a trapper 6.25 education program. At a minimum, the program must include at 6.26 least six hours of classroom and in the field training. The 6.27 program must include a review of state trapping laws and 6.28 regulations, trapping ethics, the setting and tending of traps 6.29 and snares, tagging and registration requirements, and the 6.30 preparation of pelts. The association shall be responsible for 6.31 all costs of conducting the education program, and shall not 6.32 charge any fee for attending the course. After March 1, 2005, 6.33 all persons under the age of 18 and all persons who have not 6.34 previously obtained a trapping license must complete a trapper 6.35 education program before they may obtain a trapping license. 6.36 Sec. 10. Minnesota Statutes 2000, section 97B.601, 7.1 subdivision 4, is amended to read: 7.2 Subd. 4. [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A 7.3 resident under age 16 may take small game without a small game 7.4 license, and a resident under age 13 may trap without a trapping 7.5 license, as provided in section 97A.451, subdivision 3. 7.6 (b) A person may take small game without a small game 7.7 license on land occupied by the person as a principal residence. 7.8 (c) An owner or occupant may take certain small game 7.9 causing damage without a small game or trapping license as 7.10 provided in section 97B.655. 7.11 (d) A person may use dogs to pursue and tree raccoons under 7.12 section 97B.621, subdivision 2, during the closed season without 7.13 a license. 7.14 (e) A person may take a turkey or a prairie chicken without 7.15 a small game license. 7.16 Sec. 11. [97B.716] [PRAIRIE CHICKENS.] 7.17 Subdivision 1. [LICENSE REQUIRED.] A person may not take a 7.18 prairie chicken without a prairie chicken license. 7.19 Subd. 2. [TAGGING AND REGISTRATION.] The commissioner may 7.20 by rule prescribe requirements for the tagging and registration 7.21 of prairie chickens. 7.22 Subd. 3. [LIMITED NUMBER OF PRAIRIE CHICKEN HUNTERS.] The 7.23 commissioner may establish a method, including a drawing, to 7.24 impartially select persons eligible to take prairie chickens in 7.25 an area. Preference must be given to persons who have 7.26 previously applied in the general selection but have not been 7.27 selected. 7.28 Sec. 12. Minnesota Statutes 2000, section 97C.025, is 7.29 amended to read: 7.30 97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 7.31 AREAS.] 7.32 (a) The commissioner may prohibitfishingor restrict the 7.33 taking of fish or the operation of motorboats by posting waters 7.34 that: 7.35 (1) are designated as spawning beds or fish preserves;or7.36 (2) are being used by the commissioner for fisheries 8.1 research or management activities; or 8.2 (3) are licensed by the commissioner as a private fish 8.3 hatchery or aquatic farm under section 97C.211, subdivision 1, 8.4 or 17.4984, subdivision 1. 8.5 An area may be posted under this paragraph if necessary to 8.6 prevent excessive depletion of fish or interference with 8.7 fisheries research or management activities or private fish 8.8 hatchery or aquatic farm operations. 8.9 (b) The commissioner will consider the following criteria 8.10 in determining if waters licensed under a private fish hatchery 8.11 or aquatic farm should be posted under paragraph (a): 8.12 (1) the waters contain game fish brood stock that are vital 8.13 to the private fish hatchery or aquatic farm operation; 8.14 (2) game fish are present in the licensed waters only as a 8.15 result of aquaculture activities by the licensee; and 8.16 (3) no public access to the waters existed when the waters 8.17 were first licensed. 8.18 A private fish hatchery or aquatic farm licensee may not take 8.19 fish or authorize others to take fish in licensed waters that 8.20 are posted under paragraph (a), except as provided in section 8.21 17.4983, subdivision 3, and except that if waters are posted to 8.22 allow the taking of fish under special restrictions, licensees 8.23 and others who can legally access the waters may take fish under 8.24 those special restrictions. 8.25(b)(c) Except as provided inparagraph (c)paragraphs (a) 8.26 and (d), a person may not take fish or operate a motorboat if 8.27 prohibited by posting under paragraph (a). 8.28(c)(d) An owner of riparian land adjacent to an area 8.29 posted under paragraph (a) may operate a motorboat through the 8.30 area by the shortest direct route at a speed of not more than 8.31 five miles per hour. 8.32 Sec. 13. Minnesota Statutes 2000, section 97C.605, is 8.33 amended to read: 8.34 97C.605 [TURTLES.] 8.35 Subdivision 1. [RESIDENT ANGLING LICENSE REQUIRED.] In 8.36 addition to any other license required in this section, a person 9.1 may not take, possess, or transport turtles withoutana 9.2 resident angling license, except as provided in subdivision22c. 9.3 Subd. 2. [TURTLE SELLER'S LICENSE.] (a) A person may not 9.4 take, possess, buy, or transport, or purchaseturtles for sale; 9.5 sell turtles; or take turtles for sale using commercial 9.6 equipment without a turtle seller's license, except as provided 9.7 inthissubdivision 2c. 9.8 (b) Except for renewals, no new turtle seller's licenses 9.9 may be issued after June 1, 2002. 9.10 Subd. 2a. [RECREATIONAL TURTLE LICENSE.] A person who does 9.11 not possess a turtle seller's license must obtain a recreational 9.12 turtle license to take turtles for personal use with commercial 9.13 equipment. 9.14 Subd. 2b. [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 9.15 person with a turtle seller's license may list one person as an 9.16 apprentice on the license. A person acting as an apprentice for 9.17 a turtle seller licensee must have an apprentice license and may 9.18 assist the turtle licensee in all licensed activities. 9.19 (b) The turtle seller licensee or turtle seller's 9.20 apprentice licensee must be present at all turtle operations 9.21 conducted under the turtle seller's license. Turtle operations 9.22 include going to and from turtle harvest locations; setting, 9.23 lifting, and removing commercial turtle equipment; taking 9.24 turtles out of equipment; and transporting turtles from harvest 9.25 locations. 9.26 (c) A turtle seller's apprentice license is transferable by 9.27 the turtle seller licensee by making application to the 9.28 commissioner. A person listed as an apprentice by a turtle 9.29 seller licensee must not be listed as an apprentice by another 9.30 turtle seller licensee nor may an apprentice possess a turtle 9.31 seller's license or a recreational turtle license. 9.32 Subd. 2c. [LICENSE EXEMPTIONS.] A person does not need a 9.33 turtle seller's license or an angling license: 9.34 (1) when buying turtles for resale at a retail outlet; 9.35 (2) when buying a turtle at a retail outlet; or 9.36 (3) if the person is a nonresident buying a turtle from a 10.1 licensed turtle seller for export out of state. Shipping 10.2 documents provided by the turtle seller must accompany each 10.3 shipment exported out of state by a nonresident. Shipping 10.4 documents must include: name, address, city, state, and zip 10.5 code of the buyer; number of each species of turtle; and name 10.6 and license number of the turtle seller. 10.7 Subd. 3. [TAKING; METHODS PROHIBITED.] (a)Except as10.8allowed in paragraph (b),A person may take turtles in any 10.9 manner, except by the use of: 10.10 (1) explosives, drugs, poisons, lime, and other harmful 10.11 substances; 10.12 (2) traps, except as provided in paragraph (b) and rules 10.13 adopted under subdivision 6;or10.14 (3) nets other than anglers' fish landing nets; or 10.15 (4) commercial equipment, except as provided in rules 10.16 adopted under subdivision 6. 10.17 (b) Until new rules are adopted under subdivision 6, a 10.18 person with a turtle seller's license may take turtles with a 10.19 floating turtle trap that: 10.20 (1) has one or more openings above the water surface that 10.21 measure at least ten inches by four inches; and 10.22 (2) has a mesh size of not less than one-half inch, bar 10.23 measure. 10.24The commissioner may prescribe additional regulations for taking10.25turtles for sale.10.26Subd. 4. [ARTIFICIAL LIGHTS.] The commissioner may issue10.27permits to take turtles with the use of artificial lights in10.28designated waters.10.29 Subd. 5. [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 10.30 TURTLE OPERATIONS.] A person may not: 10.31 (1) knowingly place or maintain an obstruction that will 10.32 hinder, prevent, or interfere with a licensed turtle operation; 10.33 (2) remove turtles, other wild animals, or fish from a 10.34 floating or submerged trap licensed under the game and fish 10.35 laws; or 10.36 (3) knowingly damage, disturb, or interfere with a licensed 11.1 turtle operation. 11.2 Subd. 6. [RULES.] The commissioner may adopt rules for 11.3 taking turtles. The commissioner may prescribe seasons, limits, 11.4 closed areas, and other restrictions and requirements the 11.5 commissioner deems necessary for the conservation of turtles. 11.6 Sec. 14. Minnesota Statutes 2000, section 97C.611, is 11.7 amended to read: 11.8 97C.611 [SNAPPING TURTLES; LIMITS.] 11.9 A person may not possess more than three snapping turtles 11.10 of the species Chelydra serpentina without a turtle seller's 11.11 license. A person maynot take snapping turtles of a size less11.12than ten inches wide including curvature, measured from side to11.13side across the shell at midpointonly take snapping turtles of 11.14 a size defined by rules adopted under section 97C.605, 11.15 subdivision 6. 11.16 Sec. 15. Minnesota Statutes 2000, section 103G.615, is 11.17 amended by adding a subdivision to read: 11.18 Subd. 4. [ENFORCEMENT AUTHORITY AND RESTORATION 11.19 REQUIREMENTS.] (a) The commissioner may make findings and issue 11.20 an order to a person to stop gathering, harvesting, planting or 11.21 transplanting, or destroying aquatic vegetation or organisms in 11.22 public waters without a permit issued under this section or in 11.23 violation of the terms of an issued permit. 11.24 (b) In the same or a separate findings and order, the 11.25 commissioner may require restoration or replacement of the 11.26 aquatic vegetation lost as a result of the unauthorized 11.27 activities, to the condition existing before the unlawful 11.28 activities were undertaken. An order for restoration or 11.29 replacement must state with specificity the work that is 11.30 necessary to comply with the order and must specify a date by 11.31 which the work must be completed. 11.32 (c) The person or entity to whom the order is issued may 11.33 request a review of the order by the commissioner within 30 days 11.34 of receipt of written notice by filing a written request for 11.35 review. If the written request is not submitted within 30 days, 11.36 the restoration or replacement order becomes final. The 12.1 commissioner shall review the request and supporting evidence 12.2 and render a decision within 60 days of the request for review. 12.3 (d) If the person or entity wishes to appeal the decision 12.4 of the commissioner after review under paragraph (c), a written 12.5 request must be filed with the commissioner within 30 days for a 12.6 contested case hearing under chapter 14. A bond, as provided in 12.7 subdivision 5, must accompany the demand for a hearing. The 12.8 bond and demand for hearing must be filed 30 days after the 12.9 person is served with a copy of the decision of the commissioner 12.10 on review. 12.11 (e) If the person or entity to whom the decision of the 12.12 commissioner on review is addressed does not demand a contested 12.13 case hearing under chapter 14 or demands a hearing but fails to 12.14 file the required bond: 12.15 (1) the commissioner's order becomes final at the end of 30 12.16 days after the person is served with the decision of the 12.17 commissioner on review; and 12.18 (2) the person may not appeal the order. 12.19 Sec. 16. Minnesota Statutes 2000, section 103G.615, is 12.20 amended by adding a subdivision to read: 12.21 Subd. 5. [BOND FOR DEMANDING PUBLIC HEARING.] (a) A person 12.22 or entity filing a demand for a public hearing must execute and 12.23 file a corporate surety bond or equivalent security to the state 12.24 of Minnesota, to be approved by the commissioner and in an 12.25 amount and form determined by the commissioner. The bond or 12.26 security must be conditioned to pay the costs of the hearing to 12.27 the extent described in subdivision 6 if the commissioner's 12.28 findings and order are affirmed without material modification. 12.29 (b) A bond or security is not required of a public 12.30 authority that demands a public hearing. 12.31 (c) The commissioner may waive the requirement for a bond 12.32 or other security. 12.33 Sec. 17. Minnesota Statutes 2000, section 103G.615, is 12.34 amended by adding a subdivision to read: 12.35 Subd. 6. [HEARING COSTS.] (a) Except as provided in 12.36 paragraph (b), the costs of a hearing must be paid as prescribed 13.1 by chapter 14 and the chief administrative law judge. 13.2 (b) If the commissioner's order is affirmed without 13.3 material modification, the appellant must pay the following 13.4 costs, up to $750: 13.5 (1) costs of the stenographic record and transcript; and 13.6 (2) rental costs, if any, of the place where the hearing is 13.7 held. 13.8 Sec. 18. Minnesota Statutes 2000, section 103G.615, is 13.9 amended by adding a subdivision to read: 13.10 Subd. 7. [MISDEMEANOR.] A violation of an order issued 13.11 under this section is a misdemeanor. 13.12 Sec. 19. Minnesota Statutes 2001 Supplement, section 13.13 282.04, subdivision 1, is amended to read: 13.14 Subdivision 1. [TIMBER SALES; LAND LEASES AND USES.] (a) 13.15 The county auditor may sell timber upon any tract that may be 13.16 approved by the natural resources commissioner. Such sale of 13.17 timber shall be made for cash at not less than the appraised 13.18 value determined by the county board to the highest bidder after 13.19 not less than one week's published notice in an official paper 13.20 within the county. Any timber offered at such public sale and 13.21 not sold may thereafter be sold at private sale by the county 13.22 auditor at not less than the appraised value thereof, until such 13.23 time as the county board may withdraw such timber from sale. 13.24 The appraised value of the timber and the forestry practices to 13.25 be followed in the cutting of said timber shall be approved by 13.26 the commissioner of natural resources. 13.27 (b) Payment of the full sale price of all timber sold on 13.28 tax-forfeited lands shall be made in cash at the time of the 13.29 timber sale, except in the case of oral or sealed bid auction 13.30 sales, the down payment shall be no less than 15 percent of the 13.31 appraised value, and the balance shall be paid prior to entry. 13.32 In the case of auction sales that are partitioned and sold as a 13.33 single sale with predetermined cutting blocks, the down payment 13.34 shall be no less than 15 percent of the appraised price of the 13.35 entire timber sale which may be held until the satisfactory 13.36 completion of the sale or applied in whole or in part to the 14.1 final cutting block. The value of each separate block must be 14.2 paid in full before any cutting may begin in that block. With 14.3 the permission of the county administrator the purchaser may 14.4 enter unpaid blocks and cut necessary timber incidental to 14.5 developing logging roads as may be needed to log other blocks 14.6 provided that no timber may be removed from an unpaid block 14.7 until separately scaled and paid for. 14.8 (c) The county board may require final settlement on the 14.9 basis of a scale of cut products. Any parcels of land from 14.10 which timber is to be sold by scale of cut products shall be so 14.11 designated in the published notice of sale above mentioned, in 14.12 which case the notice shall contain a description of such 14.13 parcels, a statement of the estimated quantity of each species 14.14 of timber thereon and the appraised price of each specie of 14.15 timber for 1,000 feet, per cord or per piece, as the case may 14.16 be. In such cases any bids offered over and above the appraised 14.17 prices shall be by percentage, the percent bid to be added to 14.18 the appraised price of each of the different species of timber 14.19 advertised on the land. The purchaser of timber from such 14.20 parcels shall pay in cash at the time of sale at the rate bid 14.21 for all of the timber shown in the notice of sale as estimated 14.22 to be standing on the land, and in addition shall pay at the 14.23 same rate for any additional amounts which the final scale shows 14.24 to have been cut or was available for cutting on the land at the 14.25 time of sale under the terms of such sale. Where the final 14.26 scale of cut products shows that less timber was cut or was 14.27 available for cutting under terms of such sale than was 14.28 originally paid for, the excess payment shall be refunded from 14.29 the forfeited tax sale fund upon the claim of the purchaser, to 14.30 be audited and allowed by the county board as in case of other 14.31 claims against the county. No timber, except hardwood pulpwood, 14.32 may be removed from such parcels of land or other designated 14.33 landings until scaled by a person or persons designated by the 14.34 county board and approved by the commissioner of natural 14.35 resources. Landings other than the parcel of land from which 14.36 timber is cut may be designated for scaling by the county board 15.1 by written agreement with the purchaser of the timber. The 15.2 county board may, by written agreement with the purchaser and 15.3 with a consumer designated by the purchaser when the timber is 15.4 sold by the county auditor, and with the approval of the 15.5 commissioner of natural resources, accept the consumer's scale 15.6 of cut products delivered at the consumer's landing. No timber 15.7 shall be removed until fully paid for in cash. Small amounts of 15.8 timber not exceeding $3,000 in appraised valuation may be sold 15.9 for not less than the full appraised value at private sale to 15.10 individual persons without first publishing notice of sale or 15.11 calling for bids, provided that in case of such sale involving a 15.12 total appraised value of more than $200 the sale shall be made 15.13 subject to final settlement on the basis of a scale of cut 15.14 products in the manner above provided and not more than two such 15.15 sales, directly or indirectly to any individual shall be in 15.16 effect at one time. 15.17 (d) As directed by the county board, the county auditor may 15.18 lease tax-forfeited land to individuals, corporations or 15.19 organized subdivisions of the state at public or private vendue, 15.20 and at such prices and under such terms as the county board may 15.21 prescribe, for use as cottage and camp sites and for 15.22 agricultural purposes and for the purpose of taking and removing 15.23 of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt 15.24 therefrom, and for garden sites and other temporary uses 15.25 provided that no leases shall be for a period to exceed ten 15.26 years; provided, further that any leases involving a 15.27 consideration of more than $12,000 per year, except to an 15.28 organized subdivision of the state shall first be offered at 15.29 public sale in the manner provided herein for sale of timber. 15.30 Upon the sale of any such leased land, it shall remain subject 15.31 to the lease for not to exceed one year from the beginning of 15.32 the term of the lease. Any rent paid by the lessee for the 15.33 portion of the term cut off by such cancellation shall be 15.34 refunded from the forfeited tax sale fund upon the claim of the 15.35 lessee, to be audited and allowed by the county board as in case 15.36 of other claims against the county. 16.1 (e) As directed by the county board, the county auditor may 16.2 lease tax-forfeited land to individuals, corporations, or 16.3 organized subdivisions of the state at public or private vendue, 16.4 at such prices and under such terms as the county board may 16.5 prescribe, for the purpose of taking and removing for use for 16.6 road construction and other purposes tax-forfeited stockpiled 16.7 iron-bearing material. The county auditor must determine that 16.8 the material is needed and suitable for use in the construction 16.9 or maintenance of a road, tailings basin, settling basin, dike, 16.10 dam, bank fill, or other works on public or private property, 16.11 and that the use would be in the best interests of the public. 16.12 No lease shall exceed ten years. The use of a stockpile for 16.13 these purposes must first be approved by the commissioner of 16.14 natural resources. The request shall be deemed approved unless 16.15 the requesting county is notified to the contrary by the 16.16 commissioner of natural resources within six months after 16.17 receipt of a request for approval for use of a stockpile. Once 16.18 use of a stockpile has been approved, the county may continue to 16.19 lease it for these purposes until approval is withdrawn by the 16.20 commissioner of natural resources. 16.21 (f) The county auditor, with the approval of the county 16.22 board is authorized to grant permits, licenses, and leases to 16.23 tax-forfeited lands for the depositing of stripping, lean ores, 16.24 tailings, or waste products from mines or ore milling plants, 16.25 upon such conditions and for such consideration and for such 16.26 period of time, not exceeding 15 years, as the county board may 16.27 determine; said permits, licenses, or leases to be subject to 16.28 approval by the commissioner of natural resources. 16.29 (g) Any person who removes any timber from tax-forfeited 16.30 land before said timber has been scaled and fully paid for as 16.31 provided in this subdivision is guilty of a misdemeanor. 16.32 (h) The county auditor may, with the approval of the county 16.33 board, and without first offering at public sale, grant leases, 16.34 for a term not exceeding 25 years, for the removal of peat from 16.35 tax-forfeited lands upon such terms and conditions as the county 16.36 board may prescribe. Any lease for the removal of peat from 17.1 tax-forfeited lands must first be reviewed and approved by the 17.2 commissioner of natural resources if the lease covers 320 or 17.3 more acres. No lease for the removal of peat shall be made by 17.4 the county auditor pursuant to this section without first 17.5 holding a public hearing on the auditor's intention to lease. 17.6 One printed notice in a legal newspaper in the county at least 17.7 ten days before the hearing, and posted notice in the courthouse 17.8 at least 20 days before the hearing shall be given of the 17.9 hearing. 17.10 (i) Notwithstanding any provision of paragraph (c) to the 17.11 contrary, the St. Louis county auditor may, at the discretion of 17.12 the county board, sell timber to the party who bids the highest 17.13 price for all the several kinds of timber, as provided for sales 17.14 by the commissioner of natural resources under section 90.14. 17.15 Bids offered over and above the appraised price need not be 17.16 applied proportionately to the appraised price of each of the 17.17 different species of timber. 17.18 Sec. 20. [REPEALER.] 17.19 Minnesota Statutes 2000, sections 90.50; 97C.003; and 17.20 97C.605, subdivision 4, are repealed. 17.21 Sec. 21. [EFFECTIVE DATE.] 17.22 Sections 4, 5, 10, and 11 are effective March 1, 2003. 17.23 Sections 12 and 19 are effective the day following final 17.24 enactment.