2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; modifying interference 1.3 with taking of wild animal provision; regulating entry 1.4 into migratory waterfowl refuges; providing fees for 1.5 certain hunting guides; licensing moose hunting 1.6 guides; providing for the acquisition of critical 1.7 aquatic habitat; modifying commercial netting 1.8 provisions; regulating stocking of walleye; 1.9 prohibiting the use of underwater video equipment to 1.10 take fish; exempting archery bows used for bowfishing 1.11 from casing requirement; prohibiting the taking of 1.12 white bears; permitting the commissioner to take 1.13 catfish in certain waters; modifying minnow retailer 1.14 provisions; modifying turtle license provisions; 1.15 requiring the commissioner of natural resources to 1.16 study lifetime hunting and fishing licenses; requiring 1.17 the commissioner of natural resources to study the 1.18 modification of species restrictions on shooting 1.19 preserves; requiring the commissioner of natural 1.20 resources to study the effect of cormorants on the 1.21 fish population in this state; authorizing the public 1.22 sale of certain tax-forfeited land that borders public 1.23 water in Mower county; authorizing the sale of certain 1.24 school trust land bordering public waters in St. Louis 1.25 county; modifying private sale of tax-forfeited land 1.26 provisions for Carlton county; authorizing the private 1.27 sale of certain lands in Aitkin county; conveying 1.28 certain land to the city of Faribault; authorizing the 1.29 sale of certain tax-forfeited land in Douglas county; 1.30 authorizing the private sale of certain tax-forfeited 1.31 peat land in St. Louis county; designating certain 1.32 lands as a waterfowl refuge; amending Minnesota 1.33 Statutes 1996, sections 86A.04; 97A.037, subdivision 1.34 1; 97A.095, subdivision 1; 97B.051; 97B.411; 97C.041; 1.35 97C.325; 97C.501, subdivision 1; and 97C.605, 1.36 subdivisions 1 and 2; Minnesota Statutes 1997 1.37 Supplement, sections 97A.475, subdivisions 16 and 30; 1.38 and 97C.501, subdivision 2; Laws 1997, chapter 207, 1.39 section 7; proposing coding for new law in Minnesota 1.40 Statutes, chapters 97B; and 97C. 1.41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.42 Section 1. Minnesota Statutes 1996, section 86A.04, is 1.43 amended to read: 2.1 86A.04 [COMPOSITION OF SYSTEM.] 2.2 The outdoor recreation system shall consist of all state 2.3 parks; state recreation areas; state trails established pursuant 2.4 to sections 84.029, subdivision 2, and 85.015; state scientific 2.5 and natural areas; state wilderness areas; state forests; state 2.6 wildlife management areas; state water access sites, which 2.7 include all lands and facilities established by the commissioner 2.8 of natural resources or the commissioner of transportation to 2.9 provide public access to water; state wild, scenic, and 2.10 recreational rivers; state historic sites;andstate rest areas, 2.11 which include all facilities established by the commissioner of 2.12 transportation for the safety, rest, comfort and use of the 2.13 highway traveler, and shall include all existing facilities 2.14 designated as rest areas and waysides by the commissioner of 2.15 transportation; and any other units not enumerated herein that 2.16 are classified under section 86A.05. Each individual state 2.17 park, state recreation area, and so forth is called a "unit." 2.18 Sec. 2. Minnesota Statutes 1996, section 97A.037, 2.19 subdivision 1, is amended to read: 2.20 Subdivision 1. [INTERFERENCE WITH TAKING WILD ANIMALS 2.21 PROHIBITED.] A person who has the intent to prevent,or disrupt,2.22or dissuade the taking ofanother person from taking or 2.23 preparing to take a wild animal or enjoyment of the out-of-doors 2.24maymust not disturb or interfere withanotherthat personwho2.25 if that person is lawfully takinga wild animalor preparing to 2.26 take a wild animal. "Preparing to take a wild animal" includes 2.27 travel, camping, and other acts that occur on land or water 2.28 where the affected person has the right or privilege to take 2.29 lawfully a wild animal. 2.30 Sec. 3. Minnesota Statutes 1996, section 97A.095, 2.31 subdivision 1, is amended to read: 2.32 Subdivision 1. [MIGRATORY WATERFOWL REFUGES.] The 2.33 commissioner shall designate by rule any part of a state game 2.34 refuge as a migratory waterfowl refuge if there is presented to 2.35 the commissioner a petition signed by ten resident licensed 2.36 hunters describing an area that is primarily a migratory 3.1 waterfowl refuge. The commissioner shall post the area as a 3.2 migratory waterfowl refuge. A person may not enter a posted 3.3 migratory waterfowl refuge during the open migratory waterfowl 3.4 seasonunless accompaniedexcept under a permit issued by a 3.5 conservation officer or game refuge manager. 3.6 Sec. 4. Minnesota Statutes 1997 Supplement, section 3.7 97A.475, subdivision 16, is amended to read: 3.8 Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the 3.9 following resident guide licenses are: 3.10 (1) to guide bear hunters, $82.50;and3.11 (2) to guide turkey hunters, $22; and 3.12 (3) to guide moose hunters, $82.50. 3.13 Sec. 5. Minnesota Statutes 1997 Supplement, section 3.14 97A.475, subdivision 30, is amended to read: 3.15 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 3.16 commercial fish are: 3.17 (1) commercial license fees: 3.18 (i) for residents and nonresidents seining and netting in 3.19 inland waters, $90; 3.20 (ii) for residents netting in Lake Superior, $50; 3.21 (iii) for residents netting in Lake of the Woods, Rainy, 3.22 Namakan, and Sand Point lakes, $50; 3.23 (iv) for residents seining in the Mississippi River from St. 3.24 Anthony Falls to the St. Croix River junction, $50; 3.25 (v) for residents seining, netting, and set lining in 3.26 Wisconsin boundary waters from Lake St. Croix to the Iowa 3.27 border, $50; and 3.28 (vi) for a resident apprentice license, $25; and 3.29 (2) commercial gear fees: 3.30 (i) for each gill net in Lake Superior, Wisconsin boundary 3.31 waters, and Namakan Lake, $3.50 per 100 feet of net; 3.32 (ii) for each seine in inland waters, on the Mississippi 3.33 River as described in section 97C.801, subdivision 2, and in 3.34 Wisconsin boundary waters, $7 per 100 feet; 3.35 (iii) for each commercial hoop net in inland waters, $1.25; 3.36 (iv) for each submerged fyke, trap, and hoop net in Lake 4.1 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 4.2 Namakan, and Sand Point lakes, and for each pound net in Lake 4.3 Superior, $15; 4.4 (v) for each stake and pound net in Lake of the Woods, $60; 4.5 and 4.6 (vi) for each set line in the Wisconsin boundary waters, 4.7 $20; and4.8(vii) for each trawl used in Lake Superior, $50. 4.9 Sec. 6. Minnesota Statutes 1996, section 97B.051, is 4.10 amended to read: 4.11 97B.051 [TRANSPORTATION OF ARCHERY BOWS.] 4.12 Except as specified under section 97C.376, a person may not 4.13 transport an archery bow in a motor vehicle unless the bow is: 4.14 (1) unstrung; 4.15 (2) completely contained in a case; or 4.16 (3) in the closed trunk of a motor vehicle. 4.17 Sec. 7. Minnesota Statutes 1996, section 97B.411, is 4.18 amended to read: 4.19 97B.411 [BEAR SEASON AND RESTRICTIONS.] 4.20 The commissioner may, by rule, prescribe the open season 4.21 and the areas and restrictions for the taking of bear. A person 4.22 may not take a white bear. 4.23 Sec. 8. [97B.512] [MOOSE HUNTING GUIDES.] 4.24 A person may not guide moose hunters for compensation 4.25 without a moose hunters guide license. The license must be 4.26 purchased prior to the first day of the moose hunting season. 4.27 Licensed moose hunting guides must submit a report to the 4.28 commissioner within ten days of the close of the moose hunting 4.29 season on a form provided with the license. The commissioner 4.30 may adopt rules for qualifications for issuance and 4.31 administration of the license. 4.32 Sec. 9. [97C.007] [CRITICAL AQUATIC HABITAT.] 4.33 The commissioner shall acquire lands that are critical 4.34 habitat for fish and other aquatic life and that meet criteria 4.35 described for aquatic management areas in section 86A.05, 4.36 subdivision 14. The lands that are acquired may be developed to 5.1 manage lakes, rivers, streams, and adjacent wetlands and lands 5.2 for aquatic life, water quality, intrinsic biological value, 5.3 public fishing, and other compatible outdoor recreational uses. 5.4 The lands may be acquired by gift, lease, easement, or 5.5 purchase. The commissioner shall designate lands acquired under 5.6 this section as aquatic management areas for purposes of the 5.7 outdoor recreation system. 5.8 Sec. 10. Minnesota Statutes 1996, section 97C.041, is 5.9 amended to read: 5.10 97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH.] 5.11 The commissioner may take rough fish, lake whitefish, and 5.12 rainbow smelt with seines, nets, and other devices. The 5.13 commissioner may take catfish with seines, nets, and other 5.14 devices on the Minnesota-Wisconsin boundary waters. The 5.15 commissioner may hire or contract persons, or issue permits, to 5.16 take the fish. The commissioner shall prescribe the manner of 5.17 taking and disposal. The commissioner may award a contract 5.18 under this section without competitive bidding. Before 5.19 establishing the contractor's compensation, the commissioner 5.20 must consider the qualifications of the contractor, including 5.21 the contractor's equipment, knowledge of the waters, and ability 5.22 to perform the work. 5.23 Sec. 11. [97C.206] [WALLEYE STOCKING.] 5.24 The commissioner must ensure that at least 300 million 5.25 walleye fry and 4.4 million walleye fingerlings are stocked in 5.26 the waters of this state each year. This level of stocking must 5.27 remain in effect until the commissioner determines that field 5.28 studies have conclusively proved that a reduction in the amount 5.29 of stocking will not adversely affect the population of 5.30 walleye. Prior to any reduction in stocking, the commissioner 5.31 must provide notice to the public and conduct a public hearing 5.32 to receive and respond to comments on the proposed reduction. 5.33 Sec. 12. Minnesota Statutes 1996, section 97C.325, is 5.34 amended to read: 5.35 97C.325 [PROHIBITED METHODS OF TAKING FISH.] 5.36 (a) Except as specifically authorized, a person may not 6.1 take fish with: 6.2 (1) explosives, chemicals, drugs, poisons, lime, medicated 6.3 bait, fish berries, or other similar substances; 6.4 (2) substances or devices that kill, stun, or affect the 6.5 nervous system of fish; 6.6 (3) nets, traps, trot lines, or snares;or6.7 (4) spring devices that impale, hook, or capture fish; or 6.8 (5) the assistance of underwater video equipment. 6.9 (b) If a person possesses a substance or device listed in 6.10 paragraph (a), clauses (1) to (4), on waters, shores, or 6.11 islands, it is presumptive evidence that the person is in 6.12 violation of this section. 6.13 (c) The commissioner may, by rule, allow the use of a 6.14 nonmotorized device with a recoil mechanism to take fish through 6.15 the ice. 6.16 (d) The commissioner may issue a permit to allow the use of 6.17 underwater video equipment to take fish for the production of 6.18 educational or entertainment programs for commercial purposes. 6.19 Sec. 13. [97C.376] [BOWFISHING EXEMPTION.] 6.20 An archery bow used exclusively to harvest rough fish and 6.21 having an attached bowfishing reel and tethered arrow with a 6.22 harpoon-style bowfishing point is exempt from the transportation 6.23 restriction under section 97B.051 when the bow is being used in 6.24 a motorboat while powered by an electric trolling motor for the 6.25 pursuit of legal rough fish species. 6.26 Sec. 14. Minnesota Statutes 1996, section 97C.501, 6.27 subdivision 1, is amended to read: 6.28 Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be 6.29 a minnow retailer without a minnow retailer license except as 6.30 provided insubdivisionsubdivisions 2, paragraph (d), and 3. A 6.31 person must purchase a minnow retailer license for each minnow 6.32 retail outlet operated, except as provided under subdivision 2, 6.33 paragraph (d). 6.34 (b) A minnow retailer must obtain a minnow retailer's 6.35 vehicle license for each motor vehicle used by the minnow 6.36 retailer to transport more than 12 dozen minnows to the minnow 7.1 retailer's place of business, except as provided in subdivision 7.2 3. A minnow retailer is not required to obtain a minnow 7.3 retailer's vehicle license if minnows are being transported by 7.4 common carrier and information is provided that allows the 7.5 commissioner to find out the location of the shipment in the 7.6 state. 7.7 Sec. 15. Minnesota Statutes 1997 Supplement, section 7.8 97C.501, subdivision 2, is amended to read: 7.9 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 7.10 minnow dealer without a minnow dealer license except as provided 7.11 in subdivision 3. 7.12 (b) A minnow dealer must obtain a minnow dealer's vehicle 7.13 license for each motor vehicle used to transport minnows. The 7.14 serial number, motor vehicle license number, make, and model 7.15 must be on the license. The license must be conspicuously 7.16 displayed in the vehicle. 7.17 (c) A minnow dealer may not transport minnows out of the 7.18 state without an exporting minnow dealer license. A minnow 7.19 dealer must obtain an exporting minnow dealer's vehicle license 7.20 for each motor vehicle used to transport minnows out of the 7.21 state. The serial number, motor vehicle license number, make, 7.22 and model must be on the license. The license must be 7.23 conspicuously displayed in the vehicle. 7.24 (d) A person with a minnow dealer license may sell minnows 7.25 at one retail outlet. A minnow dealer must obtain a minnow 7.26 retailer license for each additional retail outlet operated. A 7.27 minnow dealer operating a retail outlet under a minnow dealer 7.28 license must provide the following information for the retail 7.29 outlet: 7.30 (1) the name of the business; 7.31 (2) the city, state, and zip code where the retail outlet 7.32 is located; and 7.33 (3) the legal description or fire number. 7.34 The retail outlet name and location may be changed by 7.35 making application to the commissioner. 7.36 Sec. 16. Minnesota Statutes 1996, section 97C.605, 8.1 subdivision 1, is amended to read: 8.2 Subdivision 1. [LICENSE REQUIRED.] A person may not take, 8.3 possess,buy, sell,or transport turtles without an angling 8.4 license, except as provided in subdivision 2. 8.5 Sec. 17. Minnesota Statutes 1996, section 97C.605, 8.6 subdivision 2, is amended to read: 8.7 Subd. 2. [SALES LICENSE.] (a) A person may not take, 8.8 possess, transport, or purchase turtles for sale without a 8.9 turtle seller's license, except as provided in this subdivision. 8.10 (b) A person does not need a turtle seller's licenseis not8.11required to buy turtles for retail sale to consumersor an 8.12 angling license: 8.13 (1)at a location licensed by the department of agriculture8.14or health for sale or preparation of foodwhen buying turtles 8.15 for resale at a retail outlet; 8.16 (2)of a person licensed by the department of agriculture8.17or health for sale or preparation of food; or8.18(3) of a personwhen buying a turtle at a retail outlet; or 8.19 (3) if the person is a nonresident buying a turtle from a 8.20 licensed turtle seller for export out-of-state. Shipping 8.21 documents provided by the turtle seller shall accompany each 8.22 shipment exported out-of-state by a nonresident. Shipping 8.23 documents shall include: 8.24 (i) the name, address, city, state, and zip code of the 8.25 buyer; 8.26 (ii) the number of each species of turtle exported; and 8.27 (iii) the name and license number of the turtle seller. 8.28 Sec. 18. [LIFETIME LICENSE STUDY.] 8.29 By January 15, 1999, the commissioner of natural resources 8.30 must submit a report to the house and senate environment and 8.31 natural resources committees regarding lifetime hunting and 8.32 fishing licenses, including an analysis of the potential for 8.33 success with the licenses, any problems associated with the 8.34 licenses, and an analysis of the fiscal impact of the licenses. 8.35 Sec. 19. [SHOOTING PRESERVE STUDY.] 8.36 By January 15, 1999, the commissioner of natural resources 9.1 must submit a report to the house and senate environment and 9.2 natural resources committees regarding expansion of the species 9.3 allowed under Minnesota Statutes, section 97A.115. 9.4 Sec. 20. [CORMORANT STUDY.] 9.5 By January 15, 1999, the commissioner of natural resources 9.6 must submit a report to the house and senate environment and 9.7 natural resources committees regarding the effect of cormorants 9.8 on the fish population in this state. 9.9 Sec. 21. [SALE OF TAX-FORFEITED LAND; MOWER COUNTY.] 9.10 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 9.11 282.018, subdivision 1, Mower county may sell the tax-forfeited 9.12 land bordering public water that is described in paragraph (c), 9.13 under the remaining provisions of Minnesota Statutes, chapter 9.14 282. 9.15 (b) The conveyance must be in a form approved by the 9.16 attorney general. 9.17 (c) The land to be sold is located in Mower county and is 9.18 described as: 9.19 The following portion of the South Half of the Northwest 9.20 Quarter and the North Half of the Southwest Quarter of 9.21 Section 33, Township 101 North, Range 18 West; Beginning at 9.22 a point 703.9 feet East of a point on the West Section line 9.23 1729 feet North of the Southwest corner of said Section 33, 9.24 thence due East 1216 feet to the center of the Cedar river, 9.25 thence North 30 degrees 52 minutes West along the 9.26 centerline of said river 534 feet, thence North 35 degrees 9.27 50 minutes West along said centerline 272 feet; thence 9.28 North 51 degrees 20 minutes West along said centerline 357 9.29 feet, thence North 12 degrees 26 minutes East along said 9.30 centerline 359 feet to a point 605 feet due East of a point 9.31 1264.9 feet North of the place of beginning, thence 605 9.32 feet due West to said point 1264.9 feet North of the place 9.33 of beginning, thence 1264.9 feet South to the place of 9.34 beginning, containing 25 acres; Also an easement for 9.35 cartway purposes for ingress to and egress from the 9.36 above-described 25 acre tract, upon a strip of land 33 feet 10.1 north and south, the north line of which borders upon the 10.2 south line of the land conveyed to the Woodbury cemetery 10.3 association of Lyle, Mower County, Minnesota, by the deed 10.4 recorded in Book 14 of Deeds, page 488, in the office of 10.5 the register of deeds of said county, and which extends 10.6 from the highway along the west line of said section, 10.7 eastward to the said 25-acre tract. 10.8 (d) The county has determined that the county's land 10.9 management interests would best be served if the land was 10.10 returned to private ownership. 10.11 Sec. 22. [SALE OF SCHOOL TRUST LAND IN ST. LOUIS COUNTY.] 10.12 (a) Notwithstanding Minnesota Statutes, section 92.45, the 10.13 commissioner of natural resources may sell at public sale the 10.14 leased school trust land bordering public waters described in 10.15 paragraph (c) under the remaining provisions of Minnesota 10.16 Statutes, chapter 92. 10.17 (b) The conveyance must be in a form approved by the 10.18 attorney general. 10.19 (c) The land to be sold is located in St. Louis county and 10.20 is described as: 10.21 Lot 1, Block 1, Spirit Lake Shores Plat, Section 25, 10.22 Township 58 North, Range 19 West. 10.23 (d) The improvements on the land that are owned by the 10.24 lessee must be purchased separately from the land, as prescribed 10.25 in Minnesota Statutes, section 92.06, subdivision 4. 10.26 Sec. 23. Laws 1997, chapter 207, section 7, is amended to 10.27 read: 10.28 Sec. 7. [PRIVATE SALE OF TAX-FORFEITED LAND; CARLTON 10.29 COUNTY.] 10.30 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 10.31 282.018, subdivision 1, and the public sale provisions of 10.32 Minnesota Statutes, chapter 282, Carlton county may sell by 10.33 private sale the tax-forfeited land described in paragraph (d) 10.34 under the remaining provisions of Minnesota Statutes, chapter 10.35 282. 10.36 (b) The land described in paragraph (d) may be sold by 11.1 private sale. The considerationfor the conveyance must include11.2the taxes due on the property and any penalties, interest, and11.3costsshall be the appraised value of the land. If the lands 11.4 are sold, the conveyance must reserveto the statea 11.5conservationperpetual easement, in a form prescribed by the11.6commissioner of natural resources, for the land within 100 feet11.7of the ordinary high water level of Slaughterhouse creek for11.8public angler access and stream habitat protection and11.9enhancementfor the benefit of the state of Minnesota, 11.10 department of natural resources, over the following lands: 11.11 A strip of land lying in the North 6.66 acres of the West 11.12 Half of the Northeast Quarter of the Southwest Quarter of 11.13 Section 6, Township 48 North, Range 16 West, Carlton county. 11.14 Said strip lying 100 feet on each side of the centerline of 11.15 Slaughterhouse Creek. 11.16 (c) The conveyance must be in a form approved by the 11.17 attorney general. 11.18 (d) The land to be conveyed is located in Carlton county 11.19 and is described as: 11.20 North 6.66 acres of the West Half of the Northeast Quarter 11.21 of the Southwest Quarter, subject to pipeline easement, Section 11.22 6, Township 48 North, Range 16 West, City of Carlton. 11.23 (e) Carlton county has determined that this sale best 11.24 serves the land management interests of Carlton county. 11.25 Sec. 24. [AITKIN COUNTY; PRIVATE SALE.] 11.26 (a) Notwithstanding Minnesota Statutes, sections 94.09 to 11.27 94.16, the commissioner of natural resources may sell by private 11.28 sale for a consideration of not less than the appraised value, 11.29 excluding improvements, to the holder of the life estate in the 11.30 tract of land described in paragraph (c). 11.31 (b) The sale shall be in a form approved by the attorney 11.32 general. 11.33 (c) The land to be sold is in Aitkin county, Minnesota in 11.34 the Vendla Badger wildlife management area and is described as: 11.35 That part of the Southwest Quarter of the Southeast Quarter 11.36 of Section 12, Township 46 North, Range 26 West, Aitkin county, 12.1 Minnesota, described as follows: 12.2 Commencing at a 1-1/4 inch iron pipe at the south quarter 12.3 corner of said Section 12; thence EAST, bearing assumed, on the 12.4 south line of said Section 12, a distance of 141.85 feet to the 12.5 point of beginning; thence NORTH 725.00 feet; thence EAST 450.00 12.6 feet; thence SOUTH 725.00 feet to said south line; thence WEST 12.7 on said south line 450.00 feet to the point of beginning; 12.8 containing 7.5 acres, more or less. 12.9 (d) The buyer's predecessor donated land to the state for 12.10 the Vendla Badger wildlife management area, including the land 12.11 described in paragraph (c), but retained a possessory interest 12.12 in the land described in paragraph (c). The sale gives the 12.13 buyer full title free of state interest. 12.14 Sec. 25. [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.] 12.15 Subdivision 1. [CONVEYANCE.] Notwithstanding Minnesota 12.16 Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 12.17 administration shall convey to the city of Faribault for no 12.18 consideration the land described in subdivision 3. 12.19 Subd. 2. [FORM.] The conveyance must be in a form approved 12.20 by the attorney general and must provide that the land reverts 12.21 to the state if Parcels A and B cease to be used for a nature 12.22 interpretive center and recreational trail system or if Parcel C 12.23 ceases to be used for a municipal park. 12.24 Subd. 3. [DESCRIPTION.] (a) The land to be conveyed are 12.25 those parts of Sections 31, 32, and 33 in Township 110 North, 12.26 Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 12.27 Township 109 North, Range 20 West, in the city of Faribault, 12.28 Rice county, Minnesota, described as follows: 12.29 (1) Parcel A: Beginning at the Southeast corner of the 12.30 Southeast Quarter of said Section 31; thence South 89 12.31 degrees, 58 minutes, 35 seconds West, along the South line 12.32 of said Southeast Quarter (for purposes of this description 12.33 bearings are assumed and based on said South line being 12.34 South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 12.35 to a point in the easterly right-of-way line of the 12.36 Chicago, Rock Island and Pacific railroad; thence North 8 13.1 degrees, 28 minutes, 35 seconds East, along said easterly 13.2 right-of-way line, 64.53 feet to a point in the center line 13.3 of the Straight river; thence along said river center line 13.4 on the following six courses: (1) North 38 degrees, 39 13.5 minutes, 35 seconds East, 291.75 feet; (2) thence North 20 13.6 degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 13.7 thence North 34 degrees, 19 minutes, 49 seconds East, 13.8 248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 13.9 seconds East, 435.03 feet; (5) thence North 18 degrees, 9 13.10 minutes, 34 seconds West, 657.76 feet; (6) thence North 46 13.11 degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 13.12 in the West line of the Southwest Quarter of said Section 13.13 32; thence North 0 degrees, 5 minutes, 56 seconds West, 13.14 along said West line, 161.66 feet to a point in the 13.15 southwesterly right-of-way line of a street known as 13.16 Institute Place; thence along said southwesterly line of 13.17 Institute Place on the following three courses: (1) South 13.18 61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 13.19 thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 13.20 feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 13.21 East, 215.06 feet to the Northeast corner of Block 1 in 13.22 AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 13.23 32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 13.24 PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 13.25 thence North 89 degrees, 21 minutes, 4 seconds West, along 13.26 the North line of said Block 1, a distance of 111.58 feet 13.27 to the Northwest corner of said Block 1; thence South 11 13.28 degrees, 41 minutes, 14 seconds East, along the West line 13.29 of said Block 1, a distance of 202.66 feet; thence South 12 13.30 degrees, 51 minutes, 4 seconds East, along said westerly 13.31 line of Block 1, a distance of 349.14 feet to the Southwest 13.32 corner of said Block 1; thence South 74 degrees, 6 minutes, 13.33 4 seconds East, along the southerly line of said Block 1, a 13.34 distance of 205.26 feet; thence South 82 degrees, 21 13.35 minutes, 4 seconds East, along said southerly line of Block 13.36 1, a distance of 106.92 feet to the Southeast corner of 14.1 said Block 1; thence South 38 degrees, 13 minutes, 56 14.2 seconds West, 194.00 feet; thence South 0 degrees, 13 14.3 minutes, 56 seconds West, 1000.00 feet; thence South 46 14.4 degrees, 15 minutes, 16 seconds West, 626.46 feet to said 14.5 point of beginning; 14.6 (2) Parcel B: Commencing at the Northwest corner of the 14.7 Northeast Quarter of said Section 5; thence South 89 14.8 degrees, 30 minutes, 57 seconds East, along the North line 14.9 of said Northeast Quarter of Section 5 (for purposes of 14.10 this description bearings are assumed and based on said 14.11 North line being South 89 degrees, 30 minutes, 57 seconds 14.12 East), a distance of 937.89 feet to the point of beginning 14.13 of the parcel to be herein described; thence northwesterly 14.14 along a nontangential curve, concave southwesterly (curve 14.15 data: delta angle = 64 degrees, 8 minutes, 9 seconds; 14.16 radius = 500.00 feet; chord bearing and distance = North 57 14.17 degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 14.18 distance of 559.69 feet; thence South 89 degrees, 58 14.19 minutes, 44 seconds West, 175.00 feet; thence 14.20 northwesterly, along a tangential curve, concave 14.21 northeasterly (curve data: delta angle = 90 degrees, 0 14.22 minutes, 0 seconds; radius = 80.00 feet; chord bearing and 14.23 distance = North 45 degrees, 1 minute, 16 seconds West, 14.24 113.14 feet), an arc distance of 125.66 feet; thence North 14.25 0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 14.26 point in the North line of the South One-fourth of the 14.27 Southeast Quarter of said Section 32; thence South 89 14.28 degrees, 28 minutes, 9 seconds East, along said North line, 14.29 2413.98 feet to a point in the East line of said Southeast 14.30 Quarter of Section 32; thence South 0 degrees, 1 minute, 9 14.31 seconds East, along said East line, 399.59 feet; thence 14.32 South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 14.33 thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 14.34 feet to a point in the North line of the West One-half of 14.35 the Northwest Quarter of said Section 4; thence South 89 14.36 degrees, 38 minutes, 30 seconds East, along said North 15.1 line, 490.37 feet to the Northeast corner of said West 15.2 One-half of the Northwest Quarter; thence South 0 degrees, 15.3 24 minutes, 20 seconds West, along the East line of said 15.4 West One-half of the Northwest Quarter, 2670.04 feet to the 15.5 Southeast corner of said West One-half of the Northwest 15.6 Quarter; thence South 0 degrees, 24 minutes, 20 seconds 15.7 West, along the East line of the Northwest Quarter of the 15.8 Southwest Quarter of said Section 4, a distance of 598.97 15.9 feet to a point in the center line of the Straight river; 15.10 thence South 34 degrees, 34 minutes, 54 seconds West, along 15.11 said river center line, 447.98 feet; thence continue along 15.12 said river center line, South 13 degrees, 53 minutes, 50 15.13 seconds West, 359.52 feet to a point in the South line of 15.14 the Northwest Quarter of the Southwest Quarter of said 15.15 Section 4; thence North 89 degrees, 35 minutes, 28 seconds 15.16 West, along said South line of the Northwest Quarter of the 15.17 Southwest Quarter, 983.94 feet to the Southwest corner of 15.18 said Northwest Quarter of the Southwest Quarter; thence 15.19 North 89 degrees, 38 minutes, 42 seconds West, along the 15.20 South line of the Northeast Quarter of the Southeast 15.21 Quarter of said Section 5, a distance of 1328.17 feet to 15.22 the Southwest corner of said Northeast Quarter of the 15.23 Southeast Quarter; thence South 0 degrees, 31 minutes, 57 15.24 seconds West, along the East line of the Southwest Quarter 15.25 of the Southeast Quarter of said Section 5, a distance of 15.26 1320.78 feet to the Southeast corner of said Southwest 15.27 Quarter of the Southeast Quarter; thence North 89 degrees, 15.28 54 minutes, 59 seconds West, along the South line of said 15.29 Southwest Quarter of the Southeast Quarter, 1329.77 feet to 15.30 the Southwest corner of said Southwest Quarter of the 15.31 Southeast Quarter; thence North 89 degrees, 16 minutes, 29 15.32 seconds West, along the North line of the Northwest Quarter 15.33 of said Section 8, a distance of 435.63 feet to a point in 15.34 the northwesterly line of the City of Faribault Trail; 15.35 thence South 61 degrees, 6 minutes, 11 seconds West, along 15.36 said Faribault Trail, 20.70 feet to the beginning of a 16.1 spiral curve; thence southwesterly along said Faribault 16.2 Trail on said spiral curve, concave northwesterly (center 16.3 line curve data: radius = 1644.62 feet; spiral angle = 3 16.4 degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 16.5 chord bearing and distance = South 62 degrees, 14 minutes, 16.6 7 seconds West, 191.95 feet), to the beginning of a 16.7 circular curve; thence continue southwesterly along said 16.8 Faribault Trail on a circular curve, concave northwesterly 16.9 (curve data: delta angle = 1 degree, 55 minutes, 51 16.10 seconds; radius = 1544.62 feet; chord bearing and distance 16.11 = South 65 degrees, 31 minutes, 4 seconds West, 52.05 16.12 feet), an arc distance of 52.05 feet; thence continue along 16.13 said Faribault Trail, South 23 degrees, 31 minutes, 1 16.14 second East, 50.00 feet; thence continue southwesterly 16.15 along said Faribault Trail, on a curve, concave 16.16 northwesterly (curve data: delta angle = 38 degrees, 51 16.17 minutes, 59 seconds; radius = 1594.62 feet; chord bearing 16.18 and distance = South 85 degrees, 54 minutes, 58 seconds 16.19 West, 1061.08 feet), an arc distance of 1081.70 feet; 16.20 thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 16.21 feet to a point in the center line of Glynview Trail 16.22 (county state aid highway 19); thence North 48 degrees, 33 16.23 minutes, 14 seconds West, along said Glynview Trail center 16.24 line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 16.25 seconds East, 285.93 feet to a point in the southwesterly 16.26 line of said Faribault Trail; thence North 11 degrees, 41 16.27 minutes, 14 seconds East, 101.49 feet to a point in the 16.28 northwesterly line of said Faribault Trail; thence North 40 16.29 degrees, 40 minutes, 22 seconds East, 265.18 feet to a 16.30 point in said North line of the Northwest Quarter of 16.31 Section 8; thence North 42 degrees, 10 minutes, 22 seconds 16.32 East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 16.33 seconds East, 205.00 feet to a point in the West line of 16.34 the Southeast Quarter of the Southwest Quarter of said 16.35 Section 5; thence North 0 degrees, 40 minutes, 22 seconds 16.36 East, along said West line, 410.33 feet to a point in the 17.1 center line of said Straight river; thence northwesterly 17.2 along said river center line on the following 5 courses: 17.3 (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 17.4 feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 17.5 850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 17.6 East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 17.7 seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 17.8 43 seconds West, 200.73 feet to a point in the West line of 17.9 the Southwest Quarter of said Section 5; thence North 0 17.10 degrees, 44 minutes, 44 seconds East, along said West line, 17.11 307.02 feet to the Southwest corner of the Northwest 17.12 Quarter of said Section 5; thence North 0 degrees, 37 17.13 minutes, 43 seconds East, along the West line of said 17.14 Northwest Quarter of Section 5, a distance of 264.00 feet; 17.15 thence North 30 degrees, 52 minutes, 17 seconds West, 17.16 396.00 feet; thence North 49 degrees, 52 minutes, 17 17.17 seconds West, 178.86 feet; thence South 51 degrees, 7 17.18 minutes, 43 seconds West, 264.00 feet; thence North 81 17.19 degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 17.20 North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 17.21 to a point in the center line of said Straight river; 17.22 thence northerly and westerly along said river center line 17.23 on the following 4 courses: (1) North 19 degrees, 25 17.24 minutes, 39 seconds East, 131.22 feet; (2) North 42 17.25 degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 17.26 North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 17.27 (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 17.28 feet to a point in the North line of the South One-half of 17.29 the Northeast Quarter of said Section 6; thence South 89 17.30 degrees, 55 minutes, 31 seconds East, along said North 17.31 line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 17.32 seconds East, 384.78 feet; thence North 47 degrees, 4 17.33 minutes, 29 seconds East, 195.36 feet; thence South 86 17.34 degrees, 25 minutes, 31 seconds East, 108.44 feet to a 17.35 point in the southwesterly right-of-way line of the 17.36 Chicago, Milwaukee, St. Paul and Pacific railroad; thence 18.1 southeasterly along said railroad right-of-way line on a 18.2 curve, concave northeasterly (curve data: delta angle = 0 18.3 degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 18.4 chord bearing and distance = South 23 degrees, 57 minutes, 18.5 58 seconds East, 37.16 feet), an arc distance of 37.16 18.6 feet; thence North 65 degrees, 40 minutes, 30 seconds East, 18.7 200.00 feet to a point in the northeasterly right-of-way 18.8 line of said railroad; thence South 78 degrees, 31 minutes, 18.9 31 seconds East, 644.57 feet; thence South 41 degrees, 58 18.10 minutes, 52 seconds East, 980.53 feet to a point in a line 18.11 49.50 feet westerly from and parallel with the East line of 18.12 the Southwest Quarter of the Northwest Quarter of said 18.13 Section 5; thence South 0 degrees, 36 minutes, 52 seconds 18.14 West, along said parallel line, 1003.61 feet to a point in 18.15 the North line of the Northwest Quarter of the Southwest 18.16 Quarter of said Section 5; thence South 0 degrees, 40 18.17 minutes, 22 seconds West, along a line parallel with and 18.18 49.50 feet westerly of the East line of said Northwest 18.19 Quarter of the Southwest Quarter of Section 5, a distance 18.20 of 86.04 feet; thence South 66 degrees, 3 minutes, 0 18.21 seconds West, 600.24 feet; thence South 9 degrees, 16 18.22 minutes, 10 seconds West, 117.00 feet; thence South 55 18.23 degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 18.24 South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 18.25 to a point in a line 16.50 feet easterly from and parallel 18.26 with the West line of the Northeast Quarter of the 18.27 Southwest Quarter of said Section 5; thence North 0 18.28 degrees, 40 minutes, 22 seconds East, along said parallel 18.29 line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 18.30 seconds East, 190.00 feet; thence North 0 degrees, 40 18.31 minutes, 22 seconds East, 200.00 feet; thence North 89 18.32 degrees, 19 minutes, 38 seconds West, 190.00 feet to a 18.33 point in said line 16.50 feet easterly from and parallel 18.34 with the West line of the Northeast Quarter of the 18.35 Southwest Quarter of said Section 5; thence North 0 18.36 degrees, 40 minutes, 22 seconds East, along said parallel 19.1 line, 133.39 feet to a point in the South line of the 19.2 Southeast Quarter of the Northwest Quarter of said Section 19.3 5; thence North 0 degrees, 36 minutes, 52 seconds East, 19.4 along a line parallel with and 16.50 feet easterly of the 19.5 West line of said Southeast Quarter of the Northwest 19.6 Quarter of Section 5, a distance of 720.09 feet; thence 19.7 South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 19.8 to a point in the East line of said Southeast Quarter of 19.9 the Northwest Quarter of Section 5; thence South 89 19.10 degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 19.11 North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 19.12 thence North 18 degrees, 38 minutes, 14 seconds West, 19.13 124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 19.14 East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 19.15 seconds East, 108.46 feet to a point designated as Point A; 19.16 thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 19.17 feet; thence North 52 degrees, 19 minutes, 41 seconds East, 19.18 270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 19.19 West, 500.00 feet; thence along a tangential curve, concave 19.20 westerly (curve data: delta angle = 23 degrees, 14 19.21 minutes, 51 seconds; radius = 500.00 feet; chord bearing 19.22 and distance = North 14 degrees, 15 minutes, 41 seconds 19.23 West, 201.48 feet), an arc distance of 202.87 feet to said 19.24 point of beginning; and 19.25 (3) Parcel C: Beginning at the Northeast corner of the 19.26 Southwest Quarter of said section 32; thence southerly, 19.27 along the East line of said Southwest Quarter (for purposes 19.28 of this description bearing of said East line is assumed 19.29 South 0 degrees, 4 minutes, 9 seconds West), a distance of 19.30 1638.76 feet; thence North 89 degrees, 18 minutes, 51 19.31 seconds West, 33.00 feet to the Southeast corner of Block 19.32 1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 19.33 COUNTY, MINNESOTA, said Southeast corner being a point in 19.34 the West line of Tenth Avenue Northeast and the true point 19.35 of beginning of the parcel to be herein described; thence 19.36 South 0 degrees, 4 minutes, 9 seconds West, along said West 20.1 line of Tenth Avenue Northeast, 360.00 feet; thence North 20.2 89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 20.3 point in the East line of vacated State Avenue; thence 20.4 North 0 degrees, 4 minutes, 9 seconds East, along said East 20.5 line of vacated State Avenue, 360.00 feet to the Southwest 20.6 corner of said Block 1; thence South 89 degrees, 18 20.7 minutes, 51 seconds East, along the South line of said 20.8 Block 1, 826.98 feet to said true point of beginning. 20.9 (b) The following land is excepted from the land described 20.10 in paragraph (a): 20.11 (1) Parcel D: That part of the North One-half of the 20.12 Northeast Quarter of Section 6 and that part of the North 20.13 One-half of the Northwest Quarter of Section 5, all in 20.14 Township 109 North, Range 20 West, in the city of 20.15 Faribault, Rice county, Minnesota, described as follows: 20.16 Beginning at a point in the East line of said Northeast 20.17 Quarter of Section 6 (for purposes of this description 20.18 bearings are assumed and based on said East line being 20.19 South 0 degrees, 37 minutes, 43 seconds West), a distance 20.20 of 1309.61 feet southerly from the Northeast corner of said 20.21 Northeast Quarter; thence South 86 degrees, 27 minutes, 58 20.22 seconds West, 153.73 feet; thence North 0 degrees, 13 20.23 minutes, 34 seconds East, 252.29 feet; thence South 89 20.24 degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 20.25 in the southwesterly right-of-way line of the Chicago, Rock 20.26 Island and Pacific railroad; thence southeasterly, along 20.27 said railroad right-of-way line, on a curve, concave 20.28 northeasterly (curve data: radius = 2914.77 feet; delta 20.29 angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 20.30 distance = South 30 degrees, 58 minutes, 52 seconds East, 20.31 277.26 feet), an arc distance of 277.37 feet; thence South 20.32 86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 20.33 point of beginning; and 20.34 (2) the property deeded to the Chicago, Rock Island and 20.35 Pacific railroad, and City of Faribault Trail. 20.36 (c) The land described in paragraph (a) is subject to: 21.1 (1) Glynview Trail (county state aid highway 19) over the 21.2 southwesterly side thereof; 21.3 (2) 220th Street East over part of the southerly side of 21.4 Section 5; 21.5 (3) Fifth Street Northeast over part of the northerly side 21.6 of the South One-quarter of the Southeast Quarter of 21.7 Section 32; 21.8 (4) an easement for ingress and egress over and across 21.9 Parcel B, said easement being a strip of land 30.00 feet in 21.10 width lying immediately adjacent to and southwesterly of 21.11 the southwesterly right-of-way line of said Chicago, Rock 21.12 Island and Pacific railroad, bounded on the North by the 21.13 southerly line of Parcel D, and bounded on the East by a 21.14 line 49.50 feet westerly of and parallel with said East 21.15 line of the Southwest Quarter of the Northwest Quarter of 21.16 Section 5; and 21.17 (5) an easement for access to and maintenance of a deep 21.18 sewer tunnel over, under, and across part of Parcel B, 21.19 being a strip of land 100.00 feet in width, 50.00 feet on 21.20 both sides of the following described center line: 21.21 Commencing at said Point A in Parcel B; thence North 56 21.22 degrees, 4 minutes, 42 seconds East, 267.00 feet to the 21.23 point of beginning of said easement center line; thence 21.24 South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 21.25 and there terminating; the side lines of said easement to 21.26 be lengthened or shortened to meet in said course herein 21.27 described as North 56 degrees, 4 minutes, 42 seconds East. 21.28 Subd. 4. [PURPOSE.] The land to be conveyed is no longer 21.29 utilized by the department of corrections in Faribault. The 21.30 city of Faribault intends to continue to use Parcels A and B for 21.31 a nature interpretive center and recreational trail system and 21.32 Parcel C for a municipal park. 21.33 Sec. 26. [SALE OF TAX-FORFEITED LAND; DOUGLAS COUNTY.] 21.34 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 21.35 282.018, subdivision 1, Douglas county may sell the 21.36 tax-forfeited land bordering public water that is described in 22.1 paragraph (c), under the remaining provisions of Minnesota 22.2 Statutes, chapter 282. 22.3 (b) The conveyance must be in a form approved by the 22.4 attorney general. Consideration shall be for not less than the 22.5 appraised value as determined by the Douglas county board. 22.6 (c) The land to be sold is located in Douglas county and is 22.7 described as: 22.8 Lot 43, block 1, Christinas Moon Lake Heights, section 28, 22.9 Township 129 North, Range 39 West. 22.10 (d) The county has determined that the county's land 22.11 management interests would best be served if the land was 22.12 returned to private ownership. 22.13 Sec. 27. [PRIVATE SALE OF TAX-FORFEITED PEAT LAND; ST. 22.14 LOUIS COUNTY.] 22.15 (a) Notwithstanding Minnesota Statutes, section 92.461, the 22.16 public sale provisions of Minnesota Statutes, chapter 282, or 22.17 other law to the contrary, St. Louis county may sell by private 22.18 sale the tax-forfeited land with commercial quantities of peat 22.19 that is described in paragraph (c), under the remaining 22.20 provisions of Minnesota Statutes, chapter 282. 22.21 (b) The land described in paragraph (c) may be sold by 22.22 private sale for its appraised value. The sale must be in a 22.23 form approved by the attorney general. 22.24 (c) The land to be sold is located in St. Louis county and 22.25 is described as: 22.26 The east one-half of the Northwest Quarter of the Northwest 22.27 Quarter, Section 11, Township 55 North, Range 18 West. 22.28 (d) The county has determined that the county's land 22.29 management interests would best be served if the land was 22.30 returned to private ownership. 22.31 Sec. 28. [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] 22.32 (a) The lands described in paragraph (b) are designated a 22.33 state migratory waterfowl refuge under Minnesota Statutes, 22.34 section 97A.095, subdivision 1. 22.35 (b) All of the area contained within the following boundary 22.36 lines: beginning at the northeast corner of Section 24, 23.1 Township 110 North, Range 29 West, and running thence West on 23.2 the Section line 160 rods, more or less, to the Northwest 23.3 Quarter corner of said Section 24, thence south on the center 23.4 line of said Section 24, eighty rods more or less, thence in a 23.5 southwesterly direction to the center of the southeast quarter 23.6 of Section 23, thence south eighty rods more or less to the 23.7 south section line of said Section 23, thence east on said south 23.8 line of said Section 23, to a point one rod West of the 23.9 meandered line of Johnson Island, thence southerly and easterly 23.10 on a line parallel with and one rod distant, from said meandered 23.11 line of Johnson Island to a point where said line intersects the 23.12 north and south center line of Section 25 in said Township and 23.13 Range; thence 200 feet south, thence east to the east line of 23.14 Section 25 in said Township and Range, thence running north on 23.15 the east line of said Sections 25 and 24, to the point of 23.16 commencement. 23.17 Sec. 29. [EFFECTIVE DATE.] 23.18 This act is effective the day following final enactment.