SF 2738

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for 
  1.3             maintenance of leased property; modifying duties of 
  1.4             the forest resources council; permitting aquatic plant 
  1.5             grants; making certain state park permit exemptions; 
  1.6             providing for federal law compliance; providing 
  1.7             financing for management of chronic wasting disease; 
  1.8             exempting certain appropriations from moratoriums and 
  1.9             hiring freeze; requiring a study and report; modifying 
  1.10            issuance of fishing licenses; modifying certain 
  1.11            appropriations; appropriating money; amending 
  1.12            Minnesota Statutes 2000, sections 84.153; 84.975, by 
  1.13            adding a subdivision; 85.054, by adding a subdivision; 
  1.14            89A.05, subdivision 1; 97A.055, by adding a 
  1.15            subdivision; 97A.075, subdivision 1; 97A.485, by 
  1.16            adding a subdivision; Minnesota Statutes 2001 
  1.17            Supplement, section 89A.06, subdivision 2a; Laws 2001, 
  1.18            First Special Session chapter 2, section 5, 
  1.19            subdivisions 2, 5, 6, 7, 8, 11; proposing coding for 
  1.20            new law in Minnesota Statutes, chapter 97A. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 2000, section 84.153, is 
  1.23  amended to read: 
  1.24     84.153 [PROPERTY; LEASING, RENTING.] 
  1.25     (a) The commissioner is hereby authorized at public or 
  1.26  private vendue and at such prices and under such terms and 
  1.27  conditions as the commissioner may prescribe, to lease any 
  1.28  buildings or lands not now authorized to be leased, acquired in 
  1.29  the name of the state of Minnesota by any of the several 
  1.30  divisions of the department which are not presently needed for 
  1.31  the uses and purposes of any of the divisions of the 
  1.32  department.  The purposes for which such leases may be executed 
  1.33  shall be in the furtherance of the interests of conservation and 
  2.1   such uses shall not result in any permanent injury to the land.  
  2.2   No such lease shall be made for a term to exceed two years and 
  2.3   shall contain a provision for cancellation at any time by the 
  2.4   commissioner upon three months written notice.  All money 
  2.5   received from these leases shall be credited to the fund from 
  2.6   which the property was acquired, except an amount equal to the 
  2.7   cost of maintenance of the leased property shall be credited to 
  2.8   the fund charged with the cost of maintenance.  Money credited 
  2.9   for leased property maintenance is appropriated to the 
  2.10  commissioner for that purpose.  
  2.11     (b) The commissioner is hereby authorized to rent or lease 
  2.12  to employees of the various divisions of the department such 
  2.13  cabins, buildings, or living quarters as are now or may 
  2.14  hereafter be constructed upon state-owned lands under the 
  2.15  control of the several divisions of the department, when this 
  2.16  occupancy is found to be necessary or beneficial to the work of 
  2.17  the department.  These leases or rental agreements shall be upon 
  2.18  a month to month basis and provide for surrender by the lessee 
  2.19  upon demand at any time the lessee's services with the state may 
  2.20  be terminated, without the necessity of any written notice.  All 
  2.21  receipts from rents shall be paid in to the state treasurer and 
  2.22  credited to the fund charged with the cost of maintenance of 
  2.23  such buildings and are hereby appropriated for such use.  
  2.24     (c) All instruments and transactions so negotiated shall be 
  2.25  approved as to form, validity, and execution by the attorney 
  2.26  general.  
  2.27     (d) Hunting of wild game is prohibited on any land which 
  2.28  has been posted by the lessee to prohibit hunting.  Such 
  2.29  prohibition shall apply to all persons including the lessee.  
  2.30     Sec. 2.  Minnesota Statutes 2000, section 84.975, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 4.  [AQUATIC PLANT GRANTS.] The commissioner may make 
  2.33  grants for aquatic plant restoration projects, research, and 
  2.34  propagation. 
  2.35     Sec. 3.  Minnesota Statutes 2000, section 85.054, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 9.  [LAKE BEMIDJI STATE PARK.] A state park permit is 
  3.2   not required and a fee may not be charged for motor vehicle 
  3.3   entry to, use of roads to, or parking at the department of 
  3.4   natural resources regional headquarters portion of Lake Bemidji 
  3.5   state park. 
  3.6      Sec. 4.  Minnesota Statutes 2000, section 89A.05, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [DEVELOPMENT.] The council shall coordinate 
  3.9   the development of comprehensive timber harvesting and forest 
  3.10  management guidelines.  The guidelines must address the water, 
  3.11  air, soil, biotic, recreational, and aesthetic resources found 
  3.12  in forest ecosystems by focusing on those impacts commonly 
  3.13  associated with applying site-level forestry practices.  The 
  3.14  guidelines must reflect a range of practical and sound practices 
  3.15  based on the best available scientific information, and be 
  3.16  integrated to minimize conflicting recommendations while being 
  3.17  easy to understand and implement.  By June 30, 2003, the council 
  3.18  shall review and, if deemed necessary, update the guidelines and 
  3.19  identify potential revisions.  If deemed necessary, the council 
  3.20  shall update the guidelines by June 30, 2005.  Changes to the 
  3.21  guidelines shall be peer reviewed prior to final adoption by the 
  3.22  council.  By December 1999, the council must undertake a peer 
  3.23  review of the recommendations in the forest management 
  3.24  guidelines adopted in December 1998 for protecting forest 
  3.25  riparian areas and seasonal ponds. 
  3.26     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  3.27  89A.06, subdivision 2a, is amended to read: 
  3.28     Subd. 2a.  [REGIONAL FOREST COMMITTEE REPORTING.] The 
  3.29  council must report annually on the activities and progress made 
  3.30  by the regional forest committees established under subdivision 
  3.31  2, including the following: 
  3.32     (1) by December 1, 1999, the regional committee for the 
  3.33  council's northeast landscape will complete the identification 
  3.34  of draft desired future outcomes, key issues, and strategies for 
  3.35  the landscape; 
  3.36     (2) by July 1, 2000, the council will complete assessments 
  4.1   for the council's north central and southeast landscape regions; 
  4.2      (3) by July 1, 2001, the regional committees for the north 
  4.3   central and southeast landscapes will complete draft desired 
  4.4   future outcomes, key issues, and strategies for their respective 
  4.5   landscapes; and 
  4.6      (4) by June 30, 2002, all remaining landscape regions must 
  4.7   complete assessments and by June 30, 2003, desired future 
  4.8   outcomes and strategies for all remaining regions except the 
  4.9   northern, east central, metropolitan, and prairie regions.  By 
  4.10  June 30, 2004, the northern region must complete desired future 
  4.11  outcomes and strategies, and by June 30, 2005, the east central 
  4.12  region must complete desired future outcomes and strategies. 
  4.13     Sec. 6.  Minnesota Statutes 2000, section 97A.055, is 
  4.14  amended by adding a subdivision to read: 
  4.15     Subd. 2a.  [FEDERAL AID DISPOSITION.] (a) Federal aid 
  4.16  reimbursements under the Federal Aid in Wildlife Restoration 
  4.17  Act, United States Code, title 16, sections 669 to 669i, shall 
  4.18  be deposited in the game and fish fund. 
  4.19     (b) Federal aid reimbursements under the Federal Aid in 
  4.20  Fish Restoration Act, United States Code, title 16, sections 777 
  4.21  to 777k, shall be deposited in the game and fish fund. 
  4.22     Sec. 7.  [97A.057] [FEDERAL LAW COMPLIANCE; RESTRICTION ON 
  4.23  LICENSE REVENUE.] 
  4.24     Subdivision 1.  [COMPLIANCE WITH FEDERAL LAW.] The 
  4.25  commissioner shall take any action necessary to comply with the 
  4.26  Federal Aid in Wildlife Restoration Act, United States Code, 
  4.27  title 16, sections 669 to 669i, and the Federal Aid in Fish 
  4.28  Restoration Act, United States Code, title 16, sections 777 to 
  4.29  777k. 
  4.30     Subd. 2.  [RESTRICTION ON LICENSE REVENUE.] Money accruing 
  4.31  to the state from fees charged for hunting and angling licenses 
  4.32  shall not be used for any purpose other than game and fish 
  4.33  activities and related activities under the administration of 
  4.34  the commissioner. 
  4.35     Sec. 8.  Minnesota Statutes 2000, section 97A.075, 
  4.36  subdivision 1, is amended to read: 
  5.1      Subdivision 1.  [DEER, BEAR, AND LIFETIME LICENSES.] (a) 
  5.2   For purposes of this subdivision, "deer license" means a license 
  5.3   issued under section 97A.475, subdivisions 2, clauses (4), (5), 
  5.4   and (9), and 3, clauses (2), (3), and (7), and licenses issued 
  5.5   under section 97B.301, subdivision 4.  
  5.6      (b) At least $2 from each annual deer license and $2 
  5.7   annually from the lifetime fish and wildlife trust fund, 
  5.8   established in section 97A.4742, for each license issued under 
  5.9   section 97A.473, subdivision 4, shall be used for deer habitat 
  5.10  improvement or deer management programs.  
  5.11     (c) At least $1 from each annual deer license and each bear 
  5.12  license and $1 annually from the lifetime fish and wildlife 
  5.13  trust fund, established in section 97A.4742, for each license 
  5.14  issued under section 97A.473, subdivision 4, shall be used for 
  5.15  deer and bear management programs, including a computerized 
  5.16  licensing system.  Fifty cents from each deer license is 
  5.17  appropriated for emergency deer feeding and management of 
  5.18  chronic wasting disease.  Money appropriated for emergency deer 
  5.19  feeding and management of chronic wasting disease is available 
  5.20  until expended.  When the unencumbered balance in the 
  5.21  appropriation for emergency deer feeding and chronic wasting 
  5.22  disease at the end of a fiscal year exceeds $1,500,000 for the 
  5.23  first time, $750,000 is canceled to the unappropriated balance 
  5.24  of the game and fish fund.  The commissioner must inform the 
  5.25  legislative chairs of the natural resources finance committees 
  5.26  every two years on how the money for chronic wasting disease has 
  5.27  been spent. 
  5.28     Thereafter, when the unencumbered balance in the 
  5.29  appropriation for emergency deer feeding exceeds $1,500,000 at 
  5.30  the end of a fiscal year, the unencumbered balance in excess of 
  5.31  $1,500,000 is canceled and available for deer and bear 
  5.32  management programs and computerized licensing. 
  5.33     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  5.34     Sec. 9.  Minnesota Statutes 2000, section 97A.485, is 
  5.35  amended by adding a subdivision to read: 
  5.36     Subd. 13.  [ONE-DAY PAPER FISHING LICENSES.] The 
  6.1   commissioner must allow one-day paper fishing licenses to be 
  6.2   sold by fishing guides operating charter boats. 
  6.3      Sec. 10.  Laws 2001, First Special Session chapter 2, 
  6.4   section 5, subdivision 2, is amended to read: 
  6.5   Subd. 2.  Land and Mineral Resources Management
  6.6        7,079,000      7,273,000
  6.7                 Summary by Fund
  6.8   General               6,500,000     6,679,000
  6.9   Natural Resources       152,000       156,000
  6.10  Game and Fish           427,000       438,000
  6.11  $307,000 the first year and $308,000 
  6.12  the second year are for iron ore 
  6.13  cooperative research, of which $200,000 
  6.14  the first year and $200,000 the second 
  6.15  year are available only as matched by 
  6.16  $1 of nonstate money for each $1 of 
  6.17  state money.  The match may be cash or 
  6.18  in-kind.  Any unencumbered balance 
  6.19  remaining in the first year does not 
  6.20  cancel but is available for the second 
  6.21  year. 
  6.22  $370,000 the first year and $372,000 
  6.23  the second year are for mineral 
  6.24  diversification.  
  6.25  $100,000 the first year and $101,000 
  6.26  the second year are for minerals 
  6.27  cooperative environmental research, of 
  6.28  which $50,000 the first year and 
  6.29  $50,500 the second year are available 
  6.30  only as matched by $1 of nonstate money 
  6.31  for each $1 of state money.  The match 
  6.32  may be cash or in-kind.  Any 
  6.33  unencumbered balance remaining in the 
  6.34  first year does not cancel but is 
  6.35  available for the second year. 
  6.36     [EFFECTIVE DATE.] This section is effective the day 
  6.37  following final enactment. 
  6.38     Sec. 11.  Laws 2001, First Special Session chapter 2, 
  6.39  section 5, subdivision 5, is amended to read: 
  6.40  Subd. 5.  Parks and Recreation 
  6.41  Management 
  6.42      40,295,000     41,218,000
  6.43                Summary by Fund
  6.44  General              23,452,000    24,023,000
  6.45  Natural Resources    16,843,000    17,195,000
  6.46  $638,000 the first year and $640,000 
  6.47  the second year are from the water 
  6.48  recreation account in the natural 
  6.49  resources fund for state park 
  7.1   development projects.  If the 
  7.2   appropriation in either year is 
  7.3   insufficient, the appropriation for the 
  7.4   other year is available for it. 
  7.5   $4,000,000 the first year and 
  7.6   $4,000,000 the second year are for 
  7.7   payment of a grant to the metropolitan 
  7.8   council for metropolitan area regional 
  7.9   parks maintenance and operations.  The 
  7.10  portion of this appropriation allocated 
  7.11  to the Minneapolis park and recreation 
  7.12  board includes money for the Bassett's 
  7.13  Creek trail to connect the Cedar Lake 
  7.14  trail and the Luce Line trail. 
  7.15  $247,000 the first year and $253,000 
  7.16  the second year are for state forest 
  7.17  campground operations. 
  7.18  $4,103,000 the first year and 
  7.19  $4,453,000 the second year are from the 
  7.20  natural resources fund for state park 
  7.21  and recreation area operations and 
  7.22  acquisition.  This appropriation is 
  7.23  from the revenue deposited to the 
  7.24  natural resources fund under Minnesota 
  7.25  Statutes, section 297A.94, paragraph 
  7.26  (e), clause (2).  Of this amount: 
  7.27  (1) $1,805,000 the first year and 
  7.28  $1,805,000 the second year are to 
  7.29  restore camping and day use in state 
  7.30  parks, make camping available in the 
  7.31  spring and fall, provide maintenance to 
  7.32  the facilities and security for park 
  7.33  visitors, and partially fund winter 
  7.34  operations; 
  7.35  (2) $280,000 the first year and 
  7.36  $290,000 the second year are to fund 
  7.37  state park emergency maintenance 
  7.38  projects; 
  7.39  (3) $413,000 the first year and 
  7.40  $413,000 the second year are to fund 
  7.41  state park resource management 
  7.42  activities; 
  7.43  (4) $185,000 the first year is to fund 
  7.44  the purchase of the campground 
  7.45  manager/point-of-sale system for 28 
  7.46  state parks; 
  7.47  (5) $100,000 the first year and 
  7.48  $100,000 the second year are to make 
  7.49  improvements to the state park Web site 
  7.50  and provide additional state park 
  7.51  informational brochures and more state 
  7.52  park maps; 
  7.53  (6) $50,000 the first year and $50,000 
  7.54  the second year are to replace 
  7.55  computers in the field and regional 
  7.56  office locations according to 
  7.57  department standards; 
  7.58  (7) $75,000 the first year is to 
  7.59  complete master plans for both Big Bog 
  7.60  and Red River state recreation areas; 
  8.1   (8) $600,000 $200,000 the second year 
  8.2   is for operating costs, including 
  8.3   fisheries management, of the Red River 
  8.4   state recreation area; 
  8.5   (9) $200,000 the first year 
  8.6   and $200,000 $100,000 the second year 
  8.7   are for operating costs of the Big Bog 
  8.8   state recreation area; and 
  8.9   (10) $995,000 the first year and 
  8.10  $995,000 the second year are is for 
  8.11  acquisition of in-holdings for state 
  8.12  parks and recreation areas; and 
  8.13  (11) $1,495,000 the second year is for 
  8.14  state park operations. 
  8.15  The appropriations in clauses (2) to 
  8.16  (10) (11) are one-time appropriations. 
  8.17  $4,130,000 the first year and 
  8.18  $5,130,000 the second year are from the 
  8.19  natural resources fund for a grant to 
  8.20  the metropolitan council for 
  8.21  metropolitan area regional parks and 
  8.22  trails maintenance and operations.  
  8.23  This appropriation is from the revenue 
  8.24  deposited to the natural resources fund 
  8.25  under Minnesota Statutes, section 
  8.26  297A.94, paragraph (e), clause 
  8.27  (3).  The appropriation in the first 
  8.28  year is available in the second year.  
  8.29  Notwithstanding Minnesota Statutes, 
  8.30  section 16A.28, amounts encumbered 
  8.31  under contract on or before June 30, 
  8.32  2003, are available until June 30, 2004.
  8.33  $1,000,000 the first year is from the 
  8.34  natural resources fund for a grant to 
  8.35  the city of St. Paul to restore East 
  8.36  Como Lake trail and lakeshore in Como 
  8.37  Park.  The money is available until 
  8.38  expended.  This appropriation is from 
  8.39  the revenue deposited to the natural 
  8.40  resources fund under Minnesota 
  8.41  Statutes, section 297A.94, paragraph 
  8.42  (e), clause (3). 
  8.43     [EFFECTIVE DATE.] This section is effective the day 
  8.44  following final enactment. 
  8.45     Sec. 12.  Laws 2001, First Special Session chapter 2, 
  8.46  section 5, subdivision 6, is amended to read: 
  8.47  Subd. 6.  Trails and Waterways 
  8.48  Management 
  8.49      19,263,000     19,616,000
  8.50                Summary by Fund
  8.51  General               2,053,000     2,083,000
  8.52  Natural Resources    16,315,000    16,223,000
  8.53  Game and Fish           895,000     1,310,000
  8.54  $4,424,000 the first year and 
  9.1   $4,424,000 the second year are from the 
  9.2   snowmobile trails and enforcement 
  9.3   account in the natural resources fund 
  9.4   for snowmobile grants-in-aid.  
  9.5   $600,000 each year is dedicated to the 
  9.6   grant-in-aid system from the snowmobile 
  9.7   trails and enforcement account in the 
  9.8   natural resources fund made available 
  9.9   by the increase to one percent in the 
  9.10  unrefunded gas tax for snowmobile 
  9.11  activity. 
  9.12  Notwithstanding Minnesota Statutes, 
  9.13  section 16A.28, the appropriations 
  9.14  encumbered under contract on or before 
  9.15  June 30, 2003, for the snowmobile, 
  9.16  all-terrain vehicle, off-highway 
  9.17  vehicle, and off-road vehicle grants in 
  9.18  this subdivision are available until 
  9.19  June 30, 2004. 
  9.20  $259,000 the first year and $261,000 
  9.21  the second year are from the water 
  9.22  recreation account in the natural 
  9.23  resources fund for a safe harbor 
  9.24  program on Lake Superior. 
  9.25  $852,000 the first year and $852,000 
  9.26  the second year are from the natural 
  9.27  resources fund for state trail 
  9.28  operations.  This appropriation is from 
  9.29  the revenue deposited to the natural 
  9.30  resources fund under Minnesota 
  9.31  Statutes, section 297A.94, paragraph 
  9.32  (e), clause (2).  This is a one-time 
  9.33  appropriation.  
  9.34  $684,000 the first year and $684,000 
  9.35  the second year are from the natural 
  9.36  resources fund for trail grants to 
  9.37  local units of government on land to be 
  9.38  maintained for at least 20 years for 
  9.39  the purposes of the grant.  This 
  9.40  appropriation is from the revenue 
  9.41  deposited to the natural resources fund 
  9.42  under Minnesota Statutes, section 
  9.43  297A.94, paragraph (e), clause (4).  
  9.44  This is a one-time appropriation.  The 
  9.45  appropriation in the first year is 
  9.46  available in the second year.  
  9.47  Notwithstanding Minnesota Statutes, 
  9.48  section 16A.28, amounts encumbered 
  9.49  under contract on or before June 30, 
  9.50  2003, are available until June 3, 2004. 
  9.51  The appropriation from the general fund 
  9.52  of $1,400,000 authorized in Laws 1998, 
  9.53  chapter 404, section 7, subdivision 26, 
  9.54  for Skunk Hollow trail in Yellow 
  9.55  Medicine and Chippewa counties is 
  9.56  reappropriated for the purpose of 
  9.57  developing the Minnesota River trail 
  9.58  under Minnesota Statutes, section 
  9.59  85.015, subdivision 22. 
  9.60  $300,000 the first year and $300,000 
  9.61  the second year are from the water 
  9.62  recreation account in the natural 
  9.63  resources fund for preconstruction, 
  9.64  acquisition, and staffing needs for the 
 10.1   Mississippi Whitewater trail authorized 
 10.2   by Minnesota Statutes, section 
 10.3   85.0156.  This is a one-time 
 10.4   appropriation. 
 10.5   $150,000 the first year is from the 
 10.6   water recreation account in the natural 
 10.7   resources fund for necessary 
 10.8   improvements and repairs at the Knife 
 10.9   river harbor of refuge and marina.  
 10.10  This appropriation is available until 
 10.11  spent. 
 10.12  $100,000 the first year is from the 
 10.13  water recreation account in the natural 
 10.14  resources fund for an inventory of the 
 10.15  Red River of the North, to make 
 10.16  recommendations to the legislature on 
 10.17  the cost of improvements necessary for 
 10.18  the canoe and boating route on the 
 10.19  river, and for mapping and signing the 
 10.20  lower portion of the river from 
 10.21  Breckenridge to Georgetown.  
 10.22     [EFFECTIVE DATE.] This section is effective the day 
 10.23  following final enactment. 
 10.24     Sec. 13.  Laws 2001, First Special Session chapter 2, 
 10.25  section 5, subdivision 7, is amended to read: 
 10.26  Subd. 7.  Fish Management
 10.27      27,692,000 27,842,000     28,948,000
 10.28                Summary by Fund
 10.29  General                 646,000       660,000
 10.30  Natural Resources       191,000       197,000
 10.31  Game and Fish        26,855,000 27,005,000   28,091,000
 10.32  $222,000 the first year and $227,000 
 10.33  the second year are for resource 
 10.34  population surveys in the 1837 treaty 
 10.35  area.  Of this amount, $84,000 the 
 10.36  first year and $85,000 the second year 
 10.37  are from the game and fish fund. 
 10.38  $303,000 the first year and $311,000 
 10.39  the second year are for the reinvest in 
 10.40  Minnesota programs of game and fish, 
 10.41  critical habitat, and wetlands 
 10.42  established under Minnesota Statutes, 
 10.43  section 84.95, subdivision 2.  
 10.44  $666,000 the first year and $671,000 
 10.45  the second year are from the trout and 
 10.46  salmon management account for only the 
 10.47  purposes specified in Minnesota 
 10.48  Statutes, section 97A.075, subdivision 
 10.49  3. 
 10.50  $205,000 the first year and $207,000 
 10.51  the second year are available for 
 10.52  aquatic plant restoration. 
 10.53  $150,000 the first year is appropriated 
 10.54  from the game and fish fund for 
 11.1   research work on Lake Mille Lacs.  This 
 11.2   is a one-time appropriation available 
 11.3   until June 30, 2003. 
 11.4   $4,735,000 the first year and 
 11.5   $5,451,000 the second year are from the 
 11.6   heritage enhancement account in the 
 11.7   game and fish fund for only the 
 11.8   purposes specified in Minnesota 
 11.9   Statutes, section 297A.94, paragraph 
 11.10  (e), clause (1).  This appropriation is 
 11.11  from the revenue deposited to the game 
 11.12  and fish fund under Minnesota Statutes, 
 11.13  section 297A.94, paragraph (e), clause 
 11.14  (1).  Of this amount: 
 11.15  (1) $1,980,000 the first year and 
 11.16  $1,980,000 the second year are to carry 
 11.17  out projects such as installing lake 
 11.18  aeration systems, removing access 
 11.19  barriers for physically disabled 
 11.20  anglers, building fishing piers, 
 11.21  modifying dams, constructing rough fish 
 11.22  barriers, conducting creel surveys, 
 11.23  improving streams, improving spawning 
 11.24  areas, repairing hatcheries and rearing 
 11.25  ponds, stabilizing lake shorelines, and 
 11.26  acquiring aquatic management areas and 
 11.27  trout stream easements; and to provide 
 11.28  field offices with some discretionary 
 11.29  money for local habitat improvements 
 11.30  and restorations in partnership with 
 11.31  local stakeholders and other department 
 11.32  units, for lake and stream surveys and 
 11.33  assessments, and for equipment to do 
 11.34  field projects; 
 11.35  (2) $250,000 the first year and 
 11.36  $250,000 the second year are to provide 
 11.37  more fishing opportunities for children 
 11.38  and other anglers on small lakes and 
 11.39  ponds in the Twin Cities metropolitan 
 11.40  area; 
 11.41  (3) $150,000 the first year and 
 11.42  $150,000 the second year are to protect 
 11.43  and restore aquatic vegetation and 
 11.44  other aquatic habitat in cooperation 
 11.45  with local stakeholders; 
 11.46  (4) $500,000 the first year and 
 11.47  $500,000 the second year are for asset 
 11.48  preservation and improvement of state 
 11.49  fish hatcheries and rearing ponds; 
 11.50  (5) $500,000 the first year and 
 11.51  $500,000 the second year are for 
 11.52  acquisitions of the division of 
 11.53  fisheries' highest priority 
 11.54  acquisitions; 
 11.55  (6) $150,000 the first year and 
 11.56  $150,000 the second year are to 
 11.57  maintain funding for three field 
 11.58  positions to do fish management 
 11.59  activities including fish culture and 
 11.60  stocking, lake and stream monitoring, 
 11.61  and habitat improvement; 
 11.62  (7) $553,000 the first year and 
 11.63  $553,000 the second year are for 
 12.1   accelerated walleye stocking; 
 12.2   (8) $134,000 the first year is for 
 12.3   restoration and aeration of Powderhorn 
 12.4   Lake in Minneapolis; 
 12.5   (9) $850,000 the second year is to make 
 12.6   grants loans from the stream protection 
 12.7   and improvement loan program under 
 12.8   Minnesota Statutes, section 103G.705; 
 12.9   and 
 12.10  (10) $518,000 the first year and 
 12.11  $518,000 the second year are available 
 12.12  for aquatic plant restoration. 
 12.13  The appropriations in clauses (1), 
 12.14  except for $950,000 each year, (2) to 
 12.15  (5), and (8) to (10) are one-time 
 12.16  appropriations. 
 12.17  The division of fisheries shall provide 
 12.18  a written report to the chairs of the 
 12.19  house and senate natural resources 
 12.20  policy and finance committees by 
 12.21  January 1, 2003, on how the accelerated 
 12.22  walleye stocking money was spent, 
 12.23  including, but not limited to, lakes 
 12.24  that were stocked and the amount of 
 12.25  fry, frylings, or fingerlings stocked. 
 12.26  Notwithstanding Minnesota Statutes, 
 12.27  section 16A.28, the appropriations 
 12.28  encumbered under contract on or before 
 12.29  June 30, 2003, for the aquatic 
 12.30  restoration grants in this subdivision 
 12.31  are available until until June 30, 2004.
 12.32     [EFFECTIVE DATE.] This section is effective the day 
 12.33  following final enactment. 
 12.34     Sec. 14.  Laws 2001, First Special Session chapter 2, 
 12.35  section 5, subdivision 8, is amended to read: 
 12.36  Subd. 8.  Wildlife Management 
 12.37      22,948,000     23,521,000
 12.38                Summary by Fund
 12.39  General               1,636,000     1,655,000
 12.40  Game and Fish        21,312,000    21,866,000
 12.41  $106,000 the first year and $106,000 
 12.42  the second year are for resource 
 12.43  population surveys in the 1837 treaty 
 12.44  area.  Of this amount, $26,000 the 
 12.45  first year and $26,000 the second year 
 12.46  are from the game and fish fund. 
 12.47  $552,000 the first year and $565,000 
 12.48  the second year are for the reinvest in 
 12.49  Minnesota programs of game and fish, 
 12.50  critical habitat, and wetlands 
 12.51  established under Minnesota Statutes, 
 12.52  section 84.95, subdivision 2. 
 12.53  $1,419,000 the first year and 
 13.1   $1,430,000 the second year are from the 
 13.2   wildlife acquisition surcharge account 
 13.3   for only the purposes specified in 
 13.4   Minnesota Statutes, section 97A.071, 
 13.5   subdivision 2a. 
 13.6   $1,245,000 the first year and 
 13.7   $1,269,000 the second year are from the 
 13.8   deer habitat improvement account for 
 13.9   only the purposes specified in 
 13.10  Minnesota Statutes, section 97A.075, 
 13.11  subdivision 1, paragraph (b). 
 13.12  $147,000 the first year and $148,000 
 13.13  the second year are from the deer and 
 13.14  bear management account for only the 
 13.15  purposes specified in Minnesota 
 13.16  Statutes, section 97A.075, subdivision 
 13.17  1, paragraph (c). 
 13.18  $699,000 the first year and $708,000 
 13.19  the second year are from the waterfowl 
 13.20  habitat improvement account for only 
 13.21  the purposes specified in Minnesota 
 13.22  Statutes, section 97A.075, subdivision 
 13.23  2. 
 13.24  $546,000 the first year and $546,000 
 13.25  the second year are from the pheasant 
 13.26  habitat improvement account for only 
 13.27  the purposes specified in Minnesota 
 13.28  Statutes, section 97A.075, subdivision 
 13.29  4.  In addition to the purposes 
 13.30  specified in Minnesota Statutes, 
 13.31  section 97A.075, subdivision 4, this 
 13.32  appropriation may be used for pheasant 
 13.33  restocking efforts. 
 13.34  $308,000 the first year and $313,000 
 13.35  the second year are from the game and 
 13.36  fish fund for activities relating to 
 13.37  reduction and prevention of property 
 13.38  damage by wildlife.  $50,000 each year 
 13.39  is for emergency damage abatement 
 13.40  materials. 
 13.41  $8,000 the first year and $8,000 the 
 13.42  second year are from the game and fish 
 13.43  fund for the wild turkey management 
 13.44  program.  This amount shall be included 
 13.45  in the department's base to be 
 13.46  transferred to the wild turkey 
 13.47  management account and is appropriated 
 13.48  for purposes under Minnesota Statutes, 
 13.49  section 97A.075, subdivision 5. 
 13.50  $86,000 the first year and $87,000 the 
 13.51  second year are from the wild turkey 
 13.52  management account for only the 
 13.53  purposes specified in Minnesota 
 13.54  Statutes, section 97A.075, subdivision 
 13.55  5. 
 13.56  $3,060,000 the first year and 
 13.57  $3,265,000 the second year are from the 
 13.58  heritage enhancement account in the 
 13.59  game and fish fund for only the 
 13.60  purposes specified in Minnesota 
 13.61  Statutes, section 297A.94, paragraph 
 13.62  (e), clause (1).  This appropriation is 
 13.63  from the revenue deposited to the game 
 14.1   and fish fund under Minnesota Statutes, 
 14.2   section 297A.94, paragraph (e), clause 
 14.3   (1).  Of this amount: 
 14.4   (1) $250,000 the first year and 
 14.5   $250,000 the second year are for 
 14.6   prescribed burning of grassland, 
 14.7   wetland, and forest habitats; 
 14.8   (2) $250,000 the first year and 
 14.9   $225,000 the second year are for 
 14.10  prairie grassland development including 
 14.11  the restoration of native species of 
 14.12  grasses and forbs on public lands and 
 14.13  for the improvement of existing stands 
 14.14  through interseeding and other 
 14.15  practices to improve stand diversity; 
 14.16  (3) $200,000 the first year and 
 14.17  $200,000 the second year are for the 
 14.18  development of forest openings and to 
 14.19  enhance mast production, regenerate 
 14.20  stands, improve thermal cover in order 
 14.21  to maintain healthy sustainable forest 
 14.22  wildlife populations, and improve 
 14.23  wildlife-related recreational 
 14.24  opportunities in forest habitats; 
 14.25  (4) $300,000 the first year and 
 14.26  $225,000 the second year are for 
 14.27  restoration of drained wetland basins 
 14.28  and improvement of existing basins 
 14.29  through water level maintenance and 
 14.30  water control structures to maintain 
 14.31  and improve habitats for wetland 
 14.32  dependent wildlife; 
 14.33  (5) $300,000 the first year and 
 14.34  $300,000 the second year are for the 
 14.35  completion of applied management 
 14.36  research and monitoring projects for 
 14.37  wetlands and forest wildlife 
 14.38  populations; 
 14.39  (6) $95,000 the first year and $400,000 
 14.40  the second year are for the state of 
 14.41  Minnesota to assume management of the 
 14.42  wolf, including monitoring wolf 
 14.43  populations, conducting cooperative 
 14.44  wolf depredation management, conducting 
 14.45  telemetry, and other applied research 
 14.46  and includes funding for a cooperative 
 14.47  agreement for depredation management 
 14.48  with United States Department of 
 14.49  Agriculture Wildlife Services.  
 14.50  $305,000 the second year is only 
 14.51  available if the federal government 
 14.52  finalizes delisting the wolf from 
 14.53  protection under the Endangered Species 
 14.54  Act of 1973; 
 14.55  (7) $125,000 the first year and 
 14.56  $125,000 the second year are for the 
 14.57  shearing and burning of brushland 
 14.58  habitats to maintain and improve high 
 14.59  priority brushland ecosystems on public 
 14.60  and private lands across northern 
 14.61  Minnesota for sharp-tailed grouse, 
 14.62  moose, deer, and many other species 
 14.63  dependent on these areas; 
 15.1   (8) $1,000,000 the first year and 
 15.2   $1,000,000 the second year are for 
 15.3   development and rehabilitation of 
 15.4   wildlife management area lands and 
 15.5   includes boundary surveys and posting, 
 15.6   site cleanup and erosion control, 
 15.7   access development, grant 
 15.8   administration, and appropriate cover 
 15.9   establishment for wildlife habitat.  
 15.10  $945,000 the first year and $950,000 
 15.11  the second year are available for 
 15.12  grants to local outdoor sports clubs 
 15.13  for habitat improvement projects on 
 15.14  wildlife management area lands.  The 
 15.15  unencumbered balance in the first year 
 15.16  does not cancel but is available for 
 15.17  the second year; 
 15.18  (9) $35,000 the first year and $35,000 
 15.19  the second year are for waterfowl 
 15.20  development in Canada as authorized in 
 15.21  Minnesota Statutes, section 97A.127; 
 15.22  (10) $30,000 the first year and $30,000 
 15.23  the second year are to provide funds to 
 15.24  match private contributions for the 
 15.25  purpose of completing the capture, 
 15.26  relocation, and monitoring of prairie 
 15.27  chickens being reintroduced in west 
 15.28  central Minnesota; and 
 15.29  (11) $475,000 the first year and 
 15.30  $475,000 the second year are for 
 15.31  statewide technical assistance to 
 15.32  improve wildlife habitats on private 
 15.33  lands, including vegetation 
 15.34  establishment, management, and 
 15.35  stewardship planning, and other 
 15.36  wildlife habitat development and 
 15.37  management techniques. 
 15.38  The appropriations in clauses (1) to 
 15.39  (11) are one-time appropriations. 
 15.40  $13,000 the first year and $13,000 the 
 15.41  second year are to publicize the 
 15.42  critical habitat license plate match 
 15.43  program. 
 15.44  Notwithstanding Minnesota Statutes, 
 15.45  section 16A.28, the appropriations 
 15.46  encumbered under contract on or before 
 15.47  June 30, 2003, for the wildlife habitat 
 15.48  grants in this subdivision are 
 15.49  available until June 30, 2004. 
 15.50     [EFFECTIVE DATE.] This section is effective the day 
 15.51  following final enactment. 
 15.52     Sec. 15.  Laws 2001, First Special Session chapter 2, 
 15.53  section 5, subdivision 11, is amended to read: 
 15.54  Subd. 11.  Operations Support
 15.55      33,292,000     33,674,000
 15.56                Summary by Fund
 15.57  General              20,528,000    20,656,000
 16.1   Natural Resources     4,405,000     4,490,000
 16.2   Game and Fish         8,359,000     8,528,000
 16.3   $413,000 the first year and $418,000 
 16.4   the second year are for technical 
 16.5   assistance and grants to assist local 
 16.6   government units and organizations in 
 16.7   the metropolitan area to acquire and 
 16.8   develop natural areas and greenways. 
 16.9   $556,000 the first year and $572,000 
 16.10  the second year are for the community 
 16.11  assistance program to provide for 
 16.12  technical assistance and regional 
 16.13  resource enhancement grants. 
 16.14  $2,538,000 the first year and 
 16.15  $2,595,000 the second year are for the 
 16.16  operations of the youth programs.  Of 
 16.17  these amounts, $478,000 the first year 
 16.18  and $491,000 the second year are from 
 16.19  the natural resources fund. 
 16.20  Notwithstanding Minnesota Statutes, 
 16.21  section 16A.28, the appropriations 
 16.22  encumbered under contract on or before 
 16.23  June 30, 2003, for the metro greenways, 
 16.24  Red River, and community assistance 
 16.25  program grants in this subdivision are 
 16.26  available until June 30, 2004. 
 16.27  The commissioner may contract with and 
 16.28  make grants to nonprofit agencies to 
 16.29  carry out the purposes, plans, and 
 16.30  programs of the office of youth 
 16.31  programs, Minnesota Conservation Corps. 
 16.32  $304,000 the first year and $304,000 
 16.33  the second year are from the natural 
 16.34  resources fund for grants to be divided 
 16.35  equally between the city of St. Paul 
 16.36  for the Como Zoo and Conservatory and 
 16.37  the city of Duluth Zoo.  This 
 16.38  appropriation is from the revenue 
 16.39  deposited to the natural resources fund 
 16.40  under Minnesota Statutes, section 
 16.41  297A.94, paragraph (e), clause (5).  
 16.42  This is a one-time appropriation.  The 
 16.43  appropriation in the first year is 
 16.44  available in the second year.  
 16.45  Notwithstanding Minnesota Statutes, 
 16.46  section 16A.28, amounts encumbered 
 16.47  under contract on or before June 30, 
 16.48  2003, are available until June 3, 2004. 
 16.49  $199,000 the first year is for grants 
 16.50  to Cook, Lake, and St. Louis counties 
 16.51  for emergency communications 
 16.52  equipment.  This appropriation is 
 16.53  available until spent.  Of this amount, 
 16.54  $106,000 is for a grant to Cook county 
 16.55  for a communications system upgrade and 
 16.56  development of radio paths along the 
 16.57  north shore of Lake Superior; $47,000 
 16.58  is for a grant to Lake county to 
 16.59  upgrade the existing communications 
 16.60  tower in the Two Harbors area; and 
 16.61  $46,000 is for a grant to St. Louis 
 16.62  county to enhance the emergency 
 16.63  alerting system by installing a 
 17.1   dispatching transmitter in the Crane 
 17.2   Lake area. 
 17.3      [EFFECTIVE DATE.] This section is effective the day 
 17.4   following final enactment. 
 17.5      Sec. 16.  [EXCEPTION TO REDUCTION IN CONTRACT EXPENDITURES, 
 17.6   MORATORIUM ON CONSULTANT CONTRACTS, AND HIRING FREEZE.] 
 17.7      Notwithstanding any law to the contrary, Laws 2002, chapter 
 17.8   220, article 10, sections 36, 37, and 38 do not apply to money 
 17.9   appropriated from the Minnesota environment and natural 
 17.10  resources trust fund or the Minnesota future resources fund. 
 17.11     Sec. 17.  [AQUATIC FARMING LICENSE STUDY.] 
 17.12     The commissioner of natural resources must review the 
 17.13  leasing of lakes by private aquaculture licensees and assess: 
 17.14     (1) the number of waters of the state that are licensed 
 17.15  aquatic farms or private fish hatcheries and subject to one 
 17.16  individual; 
 17.17     (2) what the proper length of time is for an aquatic farm 
 17.18  or private fish hatchery license; 
 17.19     (3) fee structure for private aquaculture licenses; 
 17.20     (4) whether there should be a competitive process for 
 17.21  licensing ponds for rearing brood fish; 
 17.22     (5) when landowners around the licensed water should be 
 17.23  notified for comment prior to any private aquaculture license 
 17.24  being granted; 
 17.25     (6) in which cases waters licensed for private aquaculture 
 17.26  should require lease agreements by all landowners surrounding 
 17.27  the lake before licensing; and 
 17.28     (7) what information landowners should be given before 
 17.29  licensing about potential changes in the ecosystem of the lake. 
 17.30     The commissioner must report on this review to the house 
 17.31  and senate chairs of the environment and natural resources 
 17.32  committees by January 15, 2003.