Minnesota Legislature
SF 2900
3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/04/2010 08:01am
2.17 2.18
2.19 2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 3.1 3.2 3.3 3.4
3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31
3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2
5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14
5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26
6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23
7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5
8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14
9.15 9.16 9.17 9.18
9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26
11.27 11.28 11.29
11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25
12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4
13.5 13.6 13.7 13.8 13.9
13.10 13.11 13.12 13.13 13.14 13.15
13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23
13.24 13.25 13.26 13.27 13.28 13.29 13.30 14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18
14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5
15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16
15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25
15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3
16.4 16.5 16.6 16.7 16.8 16.9
16.10 16.11 16.12 16.13 16.14
16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24
16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4
17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12
17.13
17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18
18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7
19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31
19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8
20.9 20.10 20.11 20.12 20.13 20.14 20.15
20.16 20.17 20.18 20.19 20.20
20.21 20.22 20.23 20.24 20.25
20.26 20.27 20.28 20.29 20.30 20.31
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12
21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14
23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3
24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19
24.20 24.21 24.22 24.23
24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26 25.27 25.28 25.29 25.30 25.31
25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12
27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29
27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22
28.23 28.24 28.25 28.26 28.27
28.28 28.29 28.30 28.31 28.32 28.33 28.34
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10
29.11 29.12 29.13 29.14 29.15 29.16
29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25
29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2
30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19
30.20 30.21 30.22 30.23 30.24 30.25 30.26
30.27 30.28 30.29 30.30 30.31
30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12
31.13 31.14 31.15 31.16 31.17 31.18
31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25
32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25
33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34
34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7
35.8 35.9 35.10 35.11 35.12 35.13
35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 36.1 36.2 36.3 36.4 36.5 36.6
36.7 36.8 36.9 36.10
36.11 36.12
36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24
36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27
37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2
38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16
38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28
38.29 38.30 38.31 38.32 39.1 39.2
39.3 39.4 39.5
39.6 39.7 39.8
39.9 39.10 39.11 39.12 39.13 39.14
39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27
40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11
42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2
43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22
43.23 43.24 43.25 43.26
43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5
44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18
44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 45.36 46.1 46.2 46.3 46.4 46.5 46.6 46.7
46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17
46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12
47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20
47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29
47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6
49.7 49.8 49.9 49.10 49.11 49.12
49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2
50.3 50.4 50.5 50.6
50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16
51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27
51.28 51.29 51.30 51.31 51.32 51.33 52.1 52.2
52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15
52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26
52.27 52.28 52.29 52.30
52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32
53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22
54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8
55.9 55.10 55.11 55.12 55.13 55.14
55.15
55.16 55.17
55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14
56.15 56.16 56.17
56.18 56.19 56.20 56.21 56.22 56.23 56.24
56.25 56.26 56.27 56.28
56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16
57.17
57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7
60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8
62.9 62.10 62.11
62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30
62.31 62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2 65.3 65.4 65.5 65.6 65.7
65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20
65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26
66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8
67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35
68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17
68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8
69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25
69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19
71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2
72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32
72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 73.36 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26
75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20
76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34
77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19
77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31
77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16
78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10
79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 80.36 81.1 81.2 81.3 81.4 81.5
81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27
81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16
82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15
83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4 84.5
84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26
84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2 85.3 85.4 85.5 85.6 85.7
85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9
86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25
86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16
87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33
88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8
88.9 88.10 88.11 88.12 88.13 88.14
88.15 88.16
A bill for an act
relating to natural resources; modifying aquaculture provisions; modifying
disposal restrictions for certain livestock taken by wild animals; modifying
provisions for taking, possessing, and transporting wild animals; modifying
requirements for fish and wildlife management plans; modifying game and fish
provisions; modifying game and fish license requirements and fees for youths;
increasing certain fishing license fees; modifying certain requirements for
invasive species control; modifying certain administrative accounts; modifying
electronic transaction provisions; providing for certain registration exemptions;
modifying all-terrain vehicle definitions; modifying all-terrain vehicle operation
restrictions; modifying state trails and canoe and boating routes; modifying
fees and disposition of certain receipts; modifying certain competitive bidding
exemptions; modifying horse trail pass provisions; modifying beaver dam
provisions; modifying the Water Law; modifying nongame wildlife check
offs; modifying method of determining value of acquired stream easements;
providing for certain historic property exemption; modifying adding to and
deleting from state parks and state forests; authorizing public and private
sales, conveyances, and exchanges of certain state land; providing exemptions
from rulemaking and requiring rulemaking; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2008, sections 17.4982,
subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994;
35.82, subdivision 2; 84.025, subdivision 9; 84.027, subdivision 15; 84.0272,
subdivision 2; 84.0856; 84.0857; 84.82, subdivision 3, by adding a subdivision;
84.92, subdivisions 9, 10; 84.922, subdivision 5, by adding a subdivision;
84.925, subdivision 1; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.13,
subdivision 3; 85.012, subdivision 40; 85.015, subdivision 14; 85.22, subdivision
5; 85.32, subdivision 1; 85.43; 85.46, as amended; 86B.101; 89.032, subdivision
2; 97A.015, subdivision 52, by adding a subdivision; 97A.055, subdivision
4b; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311, subdivision 5;
97A.331, by adding subdivisions; 97A.420, subdivisions 2, 3, 4, 6, by adding
a subdivision; 97A.421, subdivision 4a, by adding a subdivision; 97A.433, by
adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision 5; 97A.451,
subdivision 3; 97A.475, subdivisions 3a, 4, 43, 44; 97A.535, subdivision 2a;
97A.545, subdivision 5; 97B.015; 97B.020; 97B.021, subdivision 1; 97B.022,
subdivision 2; 97B.031, subdivision 5; 97B.045, by adding a subdivision;
97B.075; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions
3, 6; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.601, subdivision
4; 97B.665, subdivision 2; 97B.711, by adding a subdivision; 97B.803; 97C.005,
subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341; 103A.305; 103G.271,
subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305,
subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision 5; 290.431;
290.432; Minnesota Statutes 2009 Supplement, sections 84.928, subdivision 1;
84.95, subdivision 2; 85.015, subdivision 13; 86A.09, subdivision 1; 97A.075,
subdivision 1; 97A.445, subdivision 1a; 97A.451, subdivision 2; 97A.475,
subdivisions 2, 3; 97B.055, subdivision 3; 97C.395, subdivision 1; 103G.201;
Laws 2008, chapter 368, article 1, section 34, as amended; Laws 2009, chapter
176, article 4, section 9; proposing coding for new law in Minnesota Statutes,
chapters 17; 84D; 85; 97B; 97C; 103G; repealing Minnesota Statutes 2008,
sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84.942, subdivisions 2, 3, 4;
97A.435, subdivision 5; 97A.451, subdivisions 3a, 4; 97A.485, subdivision 12;
97B.022, subdivision 1; 97B.511; 97B.515, subdivision 3; 97B.665, subdivision
1; 97C.346; 103G.295; 103G.650; Minnesota Statutes 2009 Supplement,
sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009, chapter 172, article
5, section 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GAME AND FISH
Section 1.
Minnesota Statutes 2008, section 17.4982, is amended by adding a
subdivision to read:
new text begin Subd. 10a. new text end
new text begin Fish collector. new text end
new text begin
"Fish collector" means an individual who has been
certified under section 17.4989 to oversee the collection of fish samples from a facility or
a water body for disease testing by a certified laboratory.
new text end
Sec. 2.
Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read:
Subd. 12.
Fish health inspection.
new text begin (a) new text end "Fish health inspection" means an on-site,
statistically based samplingnew text begin , collection, and testing of fishnew text end in accordance with processes
in the Fish Health Blue Book deleted text begin for all lots of fish in a facilitydeleted text end new text begin or the Diagnostic Manual
for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
to test for causative pathogens. The samples for inspection must be collected by a fish
health inspector or a fish collector in cooperation with the producer. Testing of samples
must be done by an approved laboratorynew text end .
new text begin (b)new text end The inspectionnew text begin for viral hemorrhagic septicemia (VHS), infectious pancreatic
necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
nonsalmonidsnew text end must include at deleted text begin leastdeleted text end new text begin a minimumnew text end viral testing of ovarian fluids at the 95
percent confidence level of detecting two percent incidence of disease deleted text begin (ovarian fluids must
be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
five percent incidence of disease. The inspection must be performed by a fish health
inspector in cooperation with the producer with subsequent examination of the collected
tissues and fluids for the detection of certifiable diseasesdeleted text end .
new text begin
(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
new text end
Sec. 3.
new text begin
[17.4989] FISH SAMPLE COLLECTING.
new text end
new text begin Subdivision 1. new text end
new text begin Training. new text end
new text begin
Fish collector training may be offered by any organization
or agency that has had its class and practicum syllabus approved by the commissioner.
The class and practicum must include the following components:
new text end
new text begin
(1) accurate identification of licensed water bodies listed according to section
17.4984 and ensuring that collection is taking place at the correct site;
new text end
new text begin
(2) identification of fish internal organs;
new text end
new text begin
(3) fish dissection and sample preparation as identified by the Department of Natural
Resources based on specific testing requirements or as outlined in the Fish Health
Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
International Office of Epizootics (OIE);
new text end
new text begin
(4) recording and reporting data;
new text end
new text begin
(5) sample preparation and shipping;
new text end
new text begin
(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
by a certified fish health inspector; and
new text end
new text begin
(7) a certificate of successful completion signed by a certified fish health inspector
on a form provided by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Certification time period. new text end
new text begin
Fish collector certification is valid for five years
and is not transferable. A person may renew certification only by successfully completing
certification training. Certification shall be revoked if the certified person is convicted
of violating any of the statutes or rules governing testing for aquatic species diseases.
Certification may be suspended during an investigation associated with misconduct or
violations of fish health testing and collection. The commissioner shall notify the person
that certification is being revoked or suspended.
new text end
new text begin Subd. 3. new text end
new text begin Conflict of interest. new text end
new text begin
A fish collector may not oversee the collection of fish
from a facility or a water body when the collector has a conflict of interest in connection
with the outcome of the testing.
new text end
Sec. 4.
Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read:
Subd. 3.
Fish health inspection.
(a) An aquatic farm propagating deleted text begin trout, salmon,deleted text end new text begin
salmonidsnew text end or catfish and having an effluent discharge from the aquatic farm into public
waters must have a fish health inspection conducted at least once every 12 months by a
certified fish health inspector. Testing must be conducted according to deleted text begin approveddeleted text end new text begin the Fish
Health Blue Booknew text end laboratory methods.
(b)new text begin An aquatic farm propagating any species on the viral hemorrhagic septicemia
(VHS) susceptible list and having an effluent discharge from the aquatic farm into public
waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the
Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of
Epizootics (OIE). The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in the Fish
Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
must provide reasonable notice to affected parties of any changes in testing requirements.
new text end
new text begin
(c) Results of fish health inspections must be provided to the commissioner for all
fish that remain in the state. All data used to prepare and issue a fish health certificate must
be maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
new text end
new text begin (d)new text end A health inspection fee must be charged based on each lot of fish sampled. The
fee by check or money order payable to the Department of Natural Resources must be
prepaid or paid at the time a bill or notice is received from the commissioner that the
inspection and processing of samples is completed.
deleted text begin (c)deleted text end new text begin (e)new text end Upon receipt of payment and completion of inspection, the commissioner
shall notify the operator and issue a fish health certificate. The certification must be made
according to the Fish Health Blue Book by a person certified as a fish health inspector.
deleted text begin (d)deleted text end new text begin (f)new text end All aquatic life in transit or held at transfer stations within the state may
be inspected by the commissioner. This inspection may include the collection of stock
for purposes of pathological analysis. Sample size necessary for analysis will follow
guidelines listed in the Fish Health Blue Book.
deleted text begin (e)deleted text end new text begin (g)new text end Salmonids and catfish must have a fish health inspection before being
transported from a containment facility, unless the fish are being transported directly to
an outlet for processing or other food purposes or unless the commissioner determines
that an inspection is not needed. A fish health inspection conducted for this purpose need
only be done on the lot or lots of fish that will be transported. The commissioner must
conduct a fish health inspection requested for this purpose within five working days of
receiving written notice. Salmonids and catfish may be immediately transported from a
containment facility to another containment facility once a sample has been obtained for a
health inspection or once the five-day notice period has expired.
Sec. 5.
Minnesota Statutes 2008, section 17.4994, is amended to read:
17.4994 SUCKER EGGS.
Sucker eggs may be taken from public waters with a sucker egg license endorsementdeleted text begin ,
which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
of licensed surface waters except that for intensive culture systems, sucker eggs may be
taken at a rate of two quarts per 1,000 muskellunge fry being reareddeleted text end new text begin for the fee prescribed
in section 97A.475, subdivision 29new text end . deleted text begin Thedeleted text end Taking deleted text begin ofdeleted text end sucker eggs from public waters is
subject to chapter 97C and may be supervised by the commissioner.new text begin The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license endorsement
may take based on the number of sucker eggs taken historically by the licensee, new
requests for eggs, and the condition of the spawning runs at those historical streams and
rivers that have produced previous annual quotas.
new text end
Sec. 6.
Minnesota Statutes 2008, section 35.82, subdivision 2, is amended to read:
Subd. 2.
Disposition of carcasses.
(a) Except as provided in subdivision 1b and
deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (d)new text begin and (f)new text end , every person owning or controlling any domestic animal
that has died or been killed otherwise than by being slaughtered for human or animal
consumption, shall as soon as reasonably possible bury the carcass at a depth adequate to
prevent scavenging by other animals in the ground or thoroughly burn it or dispose of it
by another method approved by the board as being effective for the protection of public
health and the control of livestock diseases. The board, through its executive director,
may issue permits to owners of rendering plants located in Minnesota which are operated
and conducted as required by law, to transport carcasses of domestic animals and fowl
that have died, or have been killed otherwise than by being slaughtered for human or
animal consumption, over the public highways to their plants for rendering purposes in
accordance with the rules adopted by the board relative to transportation, rendering, and
other provisions the board considers necessary to prevent the spread of disease. The board
may issue permits to owners of rendering plants located in an adjacent state with which a
reciprocal agreement is in effect under subdivision 3.
(b) Carcasses collected by rendering plants under permit may be used for pet food or
mink food if the owner or operator meets the requirements of subdivision 1b.
(c) An authorized employee or agent of the board may enter private or public
property and inspect the carcass of any domestic animal that has died or has been killed
other than by being slaughtered for human or animal consumption. Failure to dispose of
the carcass of any domestic animal within the period specified by this subdivision is
a public nuisance. The board may petition the district court of the county in which a
carcass is located for a writ requiring the abatement of the public nuisance. A civil action
commenced under this paragraph does not preclude a criminal prosecution under this
section. No person may sell, offer to sell, give away, or convey along a public road or on
land the person does not own, the carcass of a domestic animal when the animal died or
was killed other than by being slaughtered for human or animal consumption unless it is
done with a special permit pursuant to this section. The carcass or parts of a domestic
animal that has died or has been killed other than by being slaughtered for human or animal
consumption may be transported along a public road for a medical or scientific purpose
if the carcass is enclosed in a leakproof container to prevent spillage or the dripping of
liquid waste. The board may adopt rules relative to the transportation of the carcass of any
domestic animal for a medical or scientific purpose. A carcass on a public thoroughfare
may be transported for burial or other disposition in accordance with this section.
No person who owns or controls diseased animals shall negligently or willfully
permit them to escape from that control or to run at large.
(d) A sheep producer may compost sheep carcasses owned by the producer on
the producer's land without a permit and is exempt from compost facility specifications
contained in rules of the board.
(e) The board shall develop best management practices for dead animal disposal
and the Pollution Control Agency feedlot program shall distribute them to livestock
producers in the state.
new text begin
(f) Paragraph (a) does not apply to livestock killed by wild animals or domestic dogs
and the carcass is out-of-sight of the public, and will be used to attract the offending
predators back to the kill site.
new text end
Sec. 7.
Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read:
Subdivision 1.
Preparation.
The commissioner of natural resources shall prepare
deleted text begin a comprehensivedeleted text end fish and wildlife management deleted text begin plandeleted text end new text begin plansnew text end designed to accomplish the
policy of section 84.941. deleted text begin The comprehensive fish and wildlife management plan shall
include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
by July 1, 1986. The management plan must also include the long-range and operational
plans as described in subdivisions 3 and 4. The management plan must be completed by
July 1, 1988.deleted text end
Sec. 8.
Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended
to read:
Subd. 2.
Purposes and expenditures.
Money from the reinvest in Minnesota
resources fund may only be spent for the following fish and wildlife conservation
enhancement purposes:
(1) development and implementation of the deleted text begin comprehensivedeleted text end fish and wildlife
management deleted text begin plandeleted text end new text begin plansnew text end under section 84.942;
(2) implementation of the reinvest in Minnesota reserve program established by
section 103F.515;
(3) soil and water conservation practices to improve water quality, reduce soil
erosion and crop surpluses;
(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands;
(5) acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;
(6) matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
(7) research and surveys of fish and wildlife species and habitat;
(8) enforcement of natural resource laws and rules;
(9) information and education;
(10) implementing the aspen recycling program under section 88.80 and for other
forest wildlife management projects; and
(11) necessary support services to carry out these purposes.
Sec. 9.
Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read:
Subd. 3.
Bait harvest from infested waters.
(a) deleted text begin Thedeleted text end Taking deleted text begin ofdeleted text end wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b).
(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish, the taking of wild animals may be
permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.
new text begin
(c) Nets, traps, buoys, anchors, stakes, and lines used for minnow harvest in an
infested water that is designated because it contains invasive fish, invasive invertebrates,
or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
new text end
Sec. 10.
new text begin
[84D.105] COMMERCIAL DOCK AND BOAT LIFT INSTALLERS;
INVASIVE SPECIES TRAINING REQUIRED.
new text end
new text begin
An individual installing or removing docks or boat lifts for a fee on more than
one lake shall attend at least one hour of training during the previous 36 months on
the identification and methods to prevent the spread of invasive species, if a training
session is conducted within 50 miles of the individual's place of business and the cost
does not exceed $10. A person conducting invasive species training of dock and boat lift
installers, as provided in this section, must be approved for invasive species training by
the commissioner. A person conducting invasive species training of dock and boat lift
installers shall issue a certificate of training to an individual who attends invasive species
training for at least one hour. The certificate shall include the name, address, and phone
number of the person conducting the training, the location of the training, the date and
time of the training, the name of the individual receiving the training, and the name of
the business employing the installer, if applicable. An individual who is required to have
training under this section shall have a valid certificate of training in possession while the
individual is installing or removing docks or boat lifts.
new text end
Sec. 11.
Minnesota Statutes 2008, section 84D.13, subdivision 3, is amended to read:
Subd. 3.
Criminal penalties.
(a) A person who violates a provision of deleted text begin sectiondeleted text end new text begin
sectionsnew text end 84D.06deleted text begin , 84D.07, 84D.08, ordeleted text end new text begin to new text end 84D.10, or a rule adopted under section 84D.12, is
guilty of a misdemeanor.
(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
of a gross misdemeanor.
(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
or plant harvesting equipment is guilty of a gross misdemeanor.
Sec. 12.
Minnesota Statutes 2008, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Accompanied. new text end
new text begin
"Accompanied" means:
new text end
new text begin
(1) for a youth age 13 or under hunting small game other than wild turkey, a parent or
guardian over age 18 is within unaided sight and hearing distance of the youth hunter that is
adequate for the parent or guardian to provide direction and control over the youth hunter;
new text end
new text begin
(2) for a youth age 13 or under hunting wild turkey or big game, a parent or guardian
over age 18 is in close enough proximity of the youth hunter for the parent or guardian to
immediately assume control of the youth hunter's firearm or bow; or
new text end
new text begin
(3) for a person age 13 or over born after December 31, 1979, and hunting with an
apprentice hunter validation under section 97B.022, an adult licensed to hunt in Minnesota
whose license was not obtained using an apprentice hunter validation is within unaided
sight and hearing distance of the person that is adequate for the licensed adult to provide
direction and control over the apprentice hunter.
new text end
Sec. 13.
Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read:
Subd. 52.
Unprotected birds.
"Unprotected birds" means English sparrow,
blackbird, starling, magpie, cormorant, common pigeon, new text begin Eurasian collared dove, new text end chukar
partridge, quail other than bobwhite quail, and mute swan.
Sec. 14.
Minnesota Statutes 2008, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b.
Citizen oversight subcommittees.
(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.
(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:
(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp and walleye stamp funding;
(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and wild turkey management funding
and excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);
(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);
(4) an Ecological Resources Subcommittee to review ecological services funding;
(5) a subcommittee to review game and fish fund funding of enforcement and
operations support;
(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;
(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants;
(9) a subcommittee to review the report on the wild turkey management account and
address funding issues related to wild turkeys; and
(10) a subcommittee to review the walleye stamp and address funding issues related
to walleye stocking.
(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.
(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house of representatives committees with
jurisdiction over natural resources finance.
(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.
(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance for outcome goals from expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, deleted text begin 2010deleted text end new text begin
2011new text end .
Sec. 15.
Minnesota Statutes 2009 Supplement, section 97A.075, subdivision 1, is
amended to read:
Subdivision 1.
Deer, bear, and lifetime licenses.
(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses deleted text begin (5),deleted text end (6), (7), deleted text begin (13), (14),deleted text end and deleted text begin (15)deleted text end new text begin (8)new text end , and 3, clauses deleted text begin (2),deleted text end (3), (4), deleted text begin (10),deleted text end new text begin (5), and new text end (11),
deleted text begin and (12),deleted text end and licenses issued under section 97B.301, subdivision 4.
(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under section
97A.473, subdivision 4, shall be credited to the deer management account and shall be
used for deer habitat improvement or deer management programs.
(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used for deer and bear management programs, including
a computerized licensing system.
(d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. The commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.
When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.
Sec. 16.
Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read:
Subd. 3.
Fishing may not be restricted.
Seasons or methods of taking fishnew text begin other
than minnowsnew text end may not be restricted under this section.
Sec. 17.
Minnesota Statutes 2008, section 97A.145, subdivision 2, is amended to read:
Subd. 2.
Acquisition procedure.
(a) Lands purchased or leased under this section
must be acquired in accordance with this subdivision.
(b) The commissioner must notify the county board and the town officers where the
land is located and furnish them a description of the land to be acquired. The county board
must approve or disapprove the proposed acquisition within 90 days after being notified.
The commissioner may extend the time up to 30 days. The soil and water conservation
district supervisors shall counsel the county board on drainage and flood control and the
best utilization and capability of the land.
(c) If the county board approves the acquisition within the prescribed time, the
commissioner may acquire the land.
(d) If the county board disapproves the acquisition, it must state valid reasons.
The commissioner may not purchase or lease the land if the county board disapproves
the acquisition and states its reasons within the prescribed time period. The landowner
or the commissioner may appeal the disapproval to the district court having jurisdiction
where the land is located.
(e) The commissioner or the owner of the land may submit the proposed acquisition
to the Land Exchange Board if: (1) the county board does not give reason for disapproval,
or does not approve or disapprove the acquisition within the prescribed time period; or
(2) the deleted text begin court findsdeleted text end new text begin commissioner or owner of the land maintainsnew text end that the disapproval is
arbitrary and capricious, deleted text begin ordeleted text end that the reasons stated for disapproval are invalidnew text begin , or that the
acquisition is in the public interestnew text end .
(f) The Land Exchange Board must conduct a hearing and make a decision on
the acquisition within 60 days after receiving the proposal. The Land Exchange Board
must give notice of the hearing to the county board, the commissioner, the landowner,
and other interested parties. The Land Exchange Board must consider the interests of the
county, the state, and the landowner in determining whether the acquisition is in the public
interest. If a majority of the Land Exchange Board members approves the acquisition,
the commissioner may acquire the land. If a majority disapproves, the commissioner
may not purchase or lease the land.
Sec. 18.
Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read:
Subd. 5.
Refunds.
(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, ifnew text begin the request is
received within 90 days of the original license purchase andnew text end :
(1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner;
(2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner; deleted text begin or
deleted text end
(3) the licensee purchased two licenses for the same license season in errornew text begin ; or
new text end
new text begin (4) the licensee was not legally required to purchase the license to participate
in the activitynew text end .
(b) This subdivision does not apply to lifetime licenses.
Sec. 19.
Minnesota Statutes 2008, section 97A.331, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin Feeding or baiting deer. new text end
new text begin
A person who violates the wildlife feeding or
baiting restrictions under section 97B.118 or 97B.328 within three years of a previous
conviction under that section is guilty of a gross misdemeanor.
new text end
Sec. 20.
Minnesota Statutes 2008, section 97A.331, is amended by adding a
subdivision to read:
new text begin Subd. 4b. new text end
new text begin Hunting big game while under revocation. new text end
new text begin
Notwithstanding section
97A.421, subdivision 7, a person who takes big game during the time the person is
prohibited from obtaining a license to take big game under section 97A.421 is guilty
of a gross misdemeanor.
new text end
Sec. 21.
Minnesota Statutes 2008, section 97A.420, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Seizure of deer hunting license for feeding or baiting deer. new text end
new text begin
(a) An
enforcement officer shall immediately seize the deer hunting licenses of a person who
violates wildlife feeding or baiting restrictions under section 97B.118 or 97B.328.
new text end
new text begin
(b) Except as provided in subdivisions 2 and 4, the person may not obtain any license
to take deer, including a duplicate license, until an action is taken under subdivision 6.
new text end
new text begin
(c) A person may not take deer until an action is taken under subdivision 6.
new text end
Sec. 22.
Minnesota Statutes 2008, section 97A.420, subdivision 2, is amended to read:
Subd. 2.
Administrative review.
(a) At any time after the seizure of a license under
subdivision 1new text begin or 1anew text end and before revocation under section 97A.421, a person may request in
writing a review of the seizure under this section. Upon receiving the request for review,
the commissioner shall review the seizure, the evidence upon which it was based, and
other material information brought to the attention of the commissioner, and determine
whether sufficient cause exists to sustain the seizure.
(b) Within 15 days after receiving the request for administrative review, the
commissioner shall issue a written report of the review and shall order that the seizure
be either sustained or rescinded.
(c) The review provided in this subdivision is not subject to the contested case
provisions of the Administrative Procedure Act under chapter 14. The availability of
administrative review does not preclude judicial review under this section.
Sec. 23.
Minnesota Statutes 2008, section 97A.420, subdivision 3, is amended to read:
Subd. 3.
Judicial review.
(a) Within 30 days following the seizure of a license under
subdivision 1new text begin or 1anew text end , a person may petition the court for review. The petition must be filed
with the district court administrator in the county where the incident occurred, together
with proof of service of a copy on the commissioner and the county attorney. A responsive
pleading is not required of the commissioner of natural resources and court fees may not
be charged for the appearance of the representative of the commissioner in the matter.
(b) The petition must be captioned in the name of the person making the petition as
petitioner and the commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the license seizure.
(c) The filing of the petition does not stay the license seizure. The judicial review
shall be conducted according to the Rules of Civil Procedure.
Sec. 24.
Minnesota Statutes 2008, section 97A.420, subdivision 4, is amended to read:
Subd. 4.
Hearing.
(a) A hearing under subdivision 3 must be before a district court
judge in the county where the incident occurred giving rise to the license seizure. The
hearing must be to the court and may be conducted at the same time as hearings upon
pretrial motions in a related criminal prosecution. The commissioner must be represented
by the county attorney.
(b) The hearing must be held at the earliest practicable date and in any event no later
than 60 days following the filing of the petition for review.
(c) The scope of the hearing must be limited to the issue of whether there is probable
cause to believe thatnew text begin :
new text end
new text begin (1)new text end the person had unlawfully taken, possessed, or transported wild animals with a
restitution value over $500new text begin under subdivision 1; or
new text end
new text begin (2) the person violated the wildlife feeding or baiting restrictions under subdivision
1anew text end .
(d) The court shall order that the license seizure be either sustained or rescinded.
Within 14 days following the hearing, the court shall forward a copy of the order to the
commissioner.
(e) Any party aggrieved by the decision of the reviewing court may appeal the
decision as provided in the Rules of Civil Appellate Procedure.
Sec. 25.
Minnesota Statutes 2008, section 97A.420, subdivision 6, is amended to read:
Subd. 6.
Return or revocation of licenses upon dismissal or conviction.
(a) Upon
acquittal, dismissal, or determination not to charge a person for a violation, the license
seizure under subdivision 1new text begin or 1anew text end is immediately rescinded and any license seized in
connection with the incident must be returned to the licensee.
(b) Upon conviction of a violation when the restitution value of the wild animals
exceeds $500, revocation of licenses and license privileges must be imposed as provided
under section 97A.421, subdivision 2a.
new text begin
(c) Upon conviction for violation of the wildlife feeding or baiting restrictions
under section 97B.118 or 97B.328, revocation of licenses and license privileges must be
imposed as provided under section 97A.421, subdivision 3a.
new text end
Sec. 26.
Minnesota Statutes 2008, section 97A.421, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin
Issuance of big game license after conviction for feeding or baiting.
new text end
new text begin
(a) A person who is convicted of violating the wildlife feeding or baiting restrictions under
section 97B.118 or 97B.328 may not obtain a deer hunting license or take deer under a
lifetime license for one year after the date of conviction.
new text end
new text begin
(b) A person who is convicted of a second violation of section 97B.118 or 97B.328
within three years of a previous conviction under that section may not obtain any big game
license or take big game under a lifetime license for three years after the date of conviction.
new text end
Sec. 27.
Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read:
Subd. 4a.
Suspension for failure to appear in court or pay a fine or surcharge.
When a court reports to the commissioner that a person (1) has failed to appear in court
deleted text begin under the summons issueddeleted text end new text begin in response to a notice to appear or fails to comply with other
orders of the court regarding the appearance or proceedingsnew text end for a violation of the game
and fish laws or (2) has been convicted of violating a provision of the game and fish
laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
and refused or failed to comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit privileges of the person
until notified by the court that the person has appeared in court under clause (1) or that any
fine or surcharge due the court has been paid under clause (2).
Sec. 28.
Minnesota Statutes 2008, section 97A.433, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Mandatory separate selection. new text end
new text begin
The commissioner must conduct
a separate selection for 20 percent of the elk licenses to be issued each year. Only
individuals who have applied at least ten times for an elk license and who have never
received a license are eligible for this separate selection.
new text end
Sec. 29.
Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Number of licenses to be issueddeleted text end new text begin License issuancenew text end .
The
commissioner shall include in deleted text begin a rule setting the dates for a turkey season the number of
licenses to be issueddeleted text end new text begin rules setting turkey seasons the methods for issuing licenses for
those seasonsnew text end .
Sec. 30.
Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a,
is amended to read:
Subd. 1a.
Angling in a state park.
new text begin (a) new text end A resident may take fish by angling without
an angling licensenew text begin :
new text end
new text begin (1)new text end when shore fishing or wading on state-owned land within a state parkdeleted text begin .deleted text end new text begin ; or
new text end
new text begin (2)new text end when angling from a boat or floatdeleted text begin , this subdivision applies only to thosedeleted text end new text begin or
through the ice onnew text end water bodies completely encompassed within the statutory boundary of
the state park.
new text begin (b)new text end The exemption from an angling license does not apply to waters where a trout
stamp is required.
Sec. 31.
Minnesota Statutes 2008, section 97A.445, subdivision 5, is amended to read:
Subd. 5.
Small game huntingdeleted text begin ; Take a Kid Hunting Weekenddeleted text end .
new text begin (a) new text end A resident over
age 18 may take small game by hunting without a license during one Saturday and Sunday
of the small game hunting season designated by rule of the commissioner if accompanied
by a child who is under age deleted text begin 16deleted text end new text begin 18new text end . The commissioner shall publicize the Saturday and
Sunday as "Take a Kid Hunting Weekend."new text begin Notwithstanding section 97A.451, subdivision
3, a person under age 18 does not need a hunting license to take small game by hunting on
the weekend designated under this paragraph.
new text end
new text begin
(b) Notwithstanding section 97A.451, subdivision 3a, a person under age 16 may
take waterfowl without a license when accompanied by a nonhunting adult age 18 or
over during youth waterfowl hunting days designated by rule of the commissioner in
accordance with federal law.
new text end
Sec. 32.
Minnesota Statutes 2009 Supplement, section 97A.451, subdivision 2, is
amended to read:
Subd. 2.
Residents under age deleted text begin 16deleted text end new text begin 18new text end ; fishing.
(a) A resident under the age of deleted text begin 16deleted text end new text begin
18new text end years may take fish without a license.
(b) A resident under the age of deleted text begin 16deleted text end new text begin 18new text end may net ciscoes and whitefish for personal
consumption without the license required under section 97A.475, subdivision 13. A
resident netting ciscoes and whitefish under this paragraph must follow all other applicable
requirements for netting ciscoes and whitefish for personal consumption.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2011.
new text end
Sec. 33.
Minnesota Statutes 2008, section 97A.451, subdivision 3, is amended to read:
Subd. 3.
Residents deleted text begin under age 16; small gamedeleted text end new text begin and nonresident huntingnew text end .
(a) deleted text begin A
resident under age 16 must obtain a small game license in order to take small game by
firearms or bow and arrow without paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, if the resident is:
deleted text end
deleted text begin
(1) age 14 or 15 and possesses a firearms safety certificate;
deleted text end
deleted text begin
(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
deleted text end
deleted text begin
(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
deleted text end
deleted text begin
(4) age 12 or under and is accompanied by a parent or guardian
deleted text end
new text begin
Except as otherwise
specifically provided by law, a person must obtain a license to hunt big game or small game
by firearms or bow and arrow and is eligible to obtain a license and use it for hunting if the
person was born on or before December 31, 1979, or, if born after December 31, 1979, is:
new text end
new text begin
(1) 12 years of age or under and is accompanied by a parent or guardian;
new text end
new text begin
(2) 13 years of age, possesses a hunter education firearms safety certificate, and
is accompanied by a parent or guardian;
new text end
new text begin
(3) 14 years of age or over and possesses a hunter education firearms safety
certificate; or
new text end
new text begin (4) 13 years of age or over, possesses an apprentice hunter validation, and is
accompanied by an adult 18 years of age or over who is licensed to hunt in Minnesota and
whose license was not obtained using an apprentice hunter validationnew text end .
new text begin
(b) A person age ten or 11 may take big game if the person is under the direct
supervision of a parent or guardian and the parent or guardian is within immediate reach. A
person under age ten is not eligible to obtain a big game license and may not take big game.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end A resident deleted text begin under age 16 may take small game by trapping without a small
game license, but a residentdeleted text end 13 years of age or older must have a trapping licensenew text begin to take
small game by trappingnew text end . A resident under age 13 may trap without a trapping license, but
may not register fisher, otter, bobcat, or pine marten unless the resident is at least age
five. Any fisher, otter, bobcat, or pine marten taken by a resident under age five must be
included in the limit of the accompanying parent or guardian.
deleted text begin
(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.
deleted text end
deleted text begin
(d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
deleted text end
Sec. 34.
Minnesota Statutes 2009 Supplement, section 97A.475, subdivision 2, is
amended to read:
Subd. 2.
Resident hunting.
Fees for the following licenses, to be issued to residents
only, are:
(1) new text begin for persons under age 18 to take small game, $5;
new text end
new text begin (2) new text end for persons age 18 or over and under age 65 to take small game, $12.50;
deleted text begin (2)deleted text end new text begin (3)new text end for persons deleted text begin ages 16 and 17 anddeleted text end age 65 or over, $6 to take small game;
deleted text begin (3)deleted text end new text begin (4)new text end for persons age 18 or over to take turkey, $23;
deleted text begin (4)deleted text end new text begin (5)new text end for persons under age 18 to take turkey, deleted text begin $12deleted text end new text begin $5new text end ;
deleted text begin (5)deleted text end new text begin (6)new text end for persons age 18 or over to take deer with firearms during the regular
firearms season, $26;
deleted text begin (6)deleted text end new text begin (7)new text end for persons age 18 or over to take deer by archery, $26;
deleted text begin (7)deleted text end new text begin (8)new text end for persons age 18 or over to take deer by muzzleloader during the
muzzleloader season, $26;
deleted text begin (8)deleted text end new text begin (9)new text end to take moose, for a party of not more than six persons, $310;
deleted text begin (9)deleted text end new text begin (10)new text end to take bear, $38;
deleted text begin (10)deleted text end new text begin (11)new text end to take elk, for a party of not more than two persons, $250;
deleted text begin (11)deleted text end new text begin (12)new text end to take Canada geese during a special season, $4;
deleted text begin (12)deleted text end new text begin (13)new text end to take prairie chickens, $20;
deleted text begin (13)deleted text end new text begin (14)new text end for persons under age 18 to take deer with firearms during the regular
firearms season, deleted text begin $13deleted text end new text begin $5new text end ;
deleted text begin (14)deleted text end new text begin (15)new text end for persons under age 18 to take deer by archery, deleted text begin $13deleted text end new text begin $5new text end ; and
deleted text begin (15)deleted text end new text begin (16)new text end for persons under age 18 to take deer by muzzleloader during the
muzzleloader season, deleted text begin $13deleted text end new text begin $5new text end .
Sec. 35.
Minnesota Statutes 2009 Supplement, section 97A.475, subdivision 3, is
amended to read:
Subd. 3.
Nonresident hunting.
(a) Fees for the following licenses, to be issued
to nonresidents, are:
(1) new text begin for persons under age 18 to take small game, $5;
new text end
new text begin (2) new text end for persons age 18 or over to take small game, $73;
deleted text begin (2)deleted text end new text begin (3)new text end for persons age 18 or over to take deer with firearms during the regular
firearms season, $135;
deleted text begin (3)deleted text end new text begin (4)new text end for persons age 18 or over to take deer by archery, $135;
deleted text begin (4)deleted text end new text begin (5)new text end for persons age 18 or over to take deer by muzzleloader during the
muzzleloader season, $135;
deleted text begin (5)deleted text end new text begin (6)new text end to take bear, $195;
deleted text begin (6)deleted text end new text begin (7)new text end for persons age 18 deleted text begin and olderdeleted text end new text begin or overnew text end to take turkey, $78;
deleted text begin (7)deleted text end new text begin (8)new text end for persons under age 18 to take turkey, deleted text begin $12deleted text end new text begin $5new text end ;
deleted text begin (8)deleted text end new text begin (9)new text end to take raccoon or bobcat, $155;
deleted text begin (9)deleted text end new text begin (10)new text end to take Canada geese during a special season, $4;
deleted text begin (10)deleted text end new text begin (11)new text end for persons under age 18 to take deer with firearms during the regular
firearms season in any open season option or time period, deleted text begin $13deleted text end new text begin $5new text end ;
deleted text begin (11)deleted text end new text begin (12)new text end for persons under age 18 to take deer by archery, deleted text begin $13deleted text end new text begin $5new text end ; and
deleted text begin (12)deleted text end new text begin (13)new text end for persons under age 18 to take deer during the muzzleloader season,
deleted text begin $13deleted text end new text begin $5new text end .
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses deleted text begin (1)deleted text end new text begin (2)new text end to deleted text begin (8)deleted text end new text begin (9)new text end . An additional commission may not be assessed
on this surcharge.
Sec. 36.
Minnesota Statutes 2008, section 97A.475, subdivision 3a, is amended to read:
Subd. 3a.
Deer license surcharge.
A person may agree to add a donation of $1, $3,
or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or
archery established under subdivisions 2, clauses deleted text begin (5),deleted text end (6), (7), deleted text begin (11),deleted text end and deleted text begin (13)deleted text end new text begin (8)new text end , and 3,
clauses deleted text begin (2),deleted text end (3), (4), new text begin (5), new text end and deleted text begin (9)deleted text end new text begin (10)new text end . Beginning March 1, 2008, fees for bonus licenses to
take deer by firearms or archery established under section 97B.301, subdivision 4, must be
increased by a surcharge of $1. An additional commission may not be assessed on the
donation or surcharge and the following statement must be included in the annual deer
hunting regulations: "The deer license donations and surcharges are being paid by hunters
for deer management, including assisting with the costs of processing deer donated for
charitable purposes."
Sec. 37.
Minnesota Statutes 2008, section 97A.475, subdivision 4, is amended to read:
Subd. 4.
Small game surcharge.
Fees for annual licenses to take small game must
be increased by a surcharge of $6.50. An additional commission may not be assessed on
the surcharge and the following statement must be included in the annual small game
hunting regulations: "This $6.50 surcharge is being paid by hunters for the acquisition and
development of wildlife lands."new text begin Small game licenses issued to individuals under age 18
are exempt from this surcharge.
new text end
Sec. 38.
Minnesota Statutes 2008, section 97A.475, subdivision 43, is amended to read:
Subd. 43.
Duplicate licenses.
The fees for duplicate licenses are:
(1) for licenses to take big game, $5; deleted text begin and
deleted text end
(2) new text begin for a license issued to a person under age 18, $1; and
new text end
new text begin (3) new text end for other licenses, $2.
Sec. 39.
Minnesota Statutes 2008, section 97A.475, subdivision 44, is amended to read:
Subd. 44.
Replacement licenses.
new text begin (a) new text end The fee for a replacement firearms deer
license is $5.
new text begin
(b) The fee for a replacement firearms deer license issued to a person under age
18 is $1.
new text end
Sec. 40.
Minnesota Statutes 2008, section 97A.535, subdivision 2a, is amended to read:
Subd. 2a.
Quartering of deer allowed.
A deer that has been tagged as required in
subdivision 1 may be quartered at the site of the kill. The animal's head new text begin or genitalia new text end must
remain attached to one of the quarters. new text begin For antlered deer, the animal's head must remain
attached to one of the quarters. new text end The quarters must be presented together for registration
under subdivision 2 and must remain together until the deer is processed for storage.
Sec. 41.
Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read:
Subd. 5.
Birds must be in undressed condition; exceptions.
(a) Except as
provided in paragraph (b), a person may ship or otherwise transport game birds in an
undressed condition only.
(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
(1) were taken on a shooting preserve and are marked or identified in accordance
with section 97A.121, subdivision 5;
(2) were taken, dressed, and lawfully shipped or otherwise transported in another
state; deleted text begin or
deleted text end
(3) are migratory game birds that were lawfully tagged and packed by a federally
permitted migratory bird preservation facilitynew text begin ; or
new text end
new text begin (4) are doves shipped or transported in accordance with federal lawnew text end .
Sec. 42.
Minnesota Statutes 2008, section 97B.015, is amended to read:
97B.015 new text begin HUNTER EDUCATION new text end FIREARMS SAFETY AND WILDLIFE
IDENTIFICATION COURSE.
Subdivision 1.
Establishment.
The commissioner shall establish a statewide course
in the safe use of firearms and identification of wild mammals and birds. A course may
be held in a school district. The courses must be conducted by the commissioner in
cooperation with other organizations. The courses must instruct youths in commonly
accepted principles of safety in hunting and handling common hunting firearms and
identification of various species of wild mammals and birds by sight and other unique
characteristics.
Subd. 2.
Administration, supervision, and enforcement.
(a) The commissioner
shall appoint a qualified person from the Enforcement Division under civil service
rules as supervisor of hunting safety and prescribe the duties and responsibilities of the
position. The commissioner shall determine and provide the Enforcement Division with
the necessary personnel for this section.
(b) The Enforcement Division may appoint instructors necessary for this section.
Instructors shall serve on a voluntary basis without compensation. The Enforcement
Division must supply the materials necessary for the course. School districts may
cooperate with the commissioner and volunteer instructors to provide space for the
classroom portion of the training.
Subd. 3.
Liability insurance.
The commissioner shall obtain insurance to cover
all liability incurred by the county directors and instructors for bodily injury, death, and
property damage in the performance of their duties under this section.
Subd. 4.
Student fee.
To defray the expense of the course, the Enforcement
Division shall collect a fee from each person that takes the new text begin hunter education new text end firearm safety
course. The commissioner shall establish a fee that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the services. The
fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not
apply. The fees shall be deposited in the game and fish fund and the amount thereof
is appropriated annually to the Enforcement Division of the Department of Natural
Resources for the administration of the program. In addition to the fee established by
the commissioner, instructors may charge each person up to the established fee amount
for class materials and expenses.
Subd. 5.
new text begin Hunter education new text end firearms safety certificate.
The commissioner shall
issue a new text begin hunter education new text end firearms safety certificate to a person that satisfactorily completes
the required course of instruction. A person must be at least age 11 to take the new text begin hunter
education new text end firearms safety course deleted text begin and may receive a firearms safety certificate, but the
certificate is not valid for hunting until the year the person reaches age 12. A person who
is age 11 and has a firearms safety certificate may purchase a license to take big game that
will be valid for hunting during the entire regular season for which the license is valid if
the person will reach age 12 during that calendar year. A firearms safety certificate issued
to a person under age 12 by another state as provided in section 97B.020 is not valid for
hunting in Minnesota until the person reaches age 12deleted text end . The form and content of the new text begin hunter
education new text end firearms safety certificate shall be prescribed by the commissioner.
Subd. 5a.
Exemption for military personnel.
Notwithstanding subdivision 5, a
person who has successfully completed basic training in the United States armed forces is
exempt from the range and shooting exercise portion of the required course of instruction
for the new text begin hunter education new text end firearms safety certificate. The commissioner may require written
proof of the person's military training, as deemed appropriate for implementing this
subdivision. The commissioner shall publicly announce this exemption from the range
and shooting exercise requirement and the availability of the department's online, remote
study option for adults seeking new text begin hunter education new text end firearms safety certification. Military
personnel are not exempt from any other requirement of this section for obtaining a new text begin hunter
education new text end firearms safety certificate.
Subd. 6.
Provisional certificate for persons with developmental disability.
Upon
the recommendation of a course instructor, the commissioner may issue a provisional
new text begin hunter education new text end firearms safety certificate to a person who satisfactorily completes the
classroom portion of the new text begin hunter education new text end firearms safety course but is unable to pass
the written or an alternate format exam portion of the course because of developmental
disability as defined in section 97B.1055, subdivision 1. The certificate is valid only
when used according to section 97B.1055.
Subd. 7.
Fee for duplicate certificate.
The commissioner shall collect a fee, to
include a $1 issuing fee for licensing agents, for issuing a duplicate new text begin hunter education
new text end firearms safety certificate. The commissioner shall establish a fee that neither significantly
overrecovers nor underrecovers costs, including overhead costs, involved in providing
the service. The fee is not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The commissioner may establish the fee notwithstanding section
16A.1283. The duplicate certificate fees, except for the issuing fee for licensing agents
under this subdivision, shall be deposited in the game and fish fund and, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, are appropriated
annually to the Enforcement Division of the Department of Natural Resources for the
administration of the new text begin hunter education new text end firearm safety course program.
Sec. 43.
Minnesota Statutes 2008, section 97B.020, is amended to read:
97B.020 new text begin HUNTER EDUCATION new text end FIREARMS SAFETY CERTIFICATE
REQUIRED.
(a) Except as provided in this section and section 97A.451, subdivision 3a, a person
new text begin age 13 or over new text end born after December 31, 1979, may not obtain an annual license to take
wild animals by firearms unless the person has:
(1) a new text begin hunter education new text end firearms safety certificate or equivalent certificate;
(2) a driver's license or identification card with a valid new text begin hunter education new text end firearms
safety qualification indicator issued under section 171.07, subdivision 13;
(3) a previous hunting license with a valid new text begin hunter education new text end firearms safety
qualification indicator;
(4) an apprentice hunter validation issued under section 97B.022; or
(5) other evidence indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.
(b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a new text begin hunter education new text end firearms safety certificate.
(c) A person new text begin age 13 or over new text end born after December 31, 1979, may not use a lifetime
license to take wild animals by firearms, unless the person meets the requirements for
obtaining an annual license under paragraph (a) or (b).
Sec. 44.
Minnesota Statutes 2008, section 97B.021, subdivision 1, is amended to read:
Subdivision 1.
Restrictions.
(a) Except as provided in this subdivision, a person
under the age of 16 may not possess a firearm, unless accompanied by a parent or guardian.
(b) A person under age 16 may possess a firearm without being accompanied by a
parent or guardian:
(1) on land owned by, or occupied as the principal residence of, the person or the
person's parent or guardian;
(2) while participating in an organized target shooting program with adult
supervision;
(3) while the person is participating in a new text begin hunter education new text end firearms safety program
or traveling to and from class; or
(4) if the person is age 14 or 15 and has a new text begin hunter education new text end firearms safety certificate.
new text begin
(c) A person age 13, 14, or 15 hunting with an apprentice hunter validation may
possess a firearm if accompanied by a parent or guardian age 18 or over who is licensed
to hunt in Minnesota and whose license was not obtained using an apprentice hunter
validation.
new text end
Sec. 45.
new text begin
[97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
new text end
new text begin
A parent or guardian may not knowingly direct, allow, or permit a person under the
age of 18 to hunt without the required license, permit, training, or certification, or in
violation of the game and fish laws.
new text end
Sec. 46.
Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read:
Subd. 2.
Apprentice hunter validation requirements.
A resident born after
December 31, 1979, who is age deleted text begin 12deleted text end new text begin 13new text end or deleted text begin olderdeleted text end new text begin overnew text end and deleted text begin whodeleted text end new text begin a nonresident who is age 13
to 17, and the resident or nonresidentnew text end does not possess a new text begin hunter education new text end firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation
is valid for only deleted text begin onedeleted text end new text begin twonew text end license deleted text begin yeardeleted text end new text begin yearsnew text end in a lifetime. An individual in possession of
an apprentice hunter validation may hunt small game deleted text begin anddeleted text end new text begin ,new text end deernew text begin , and bearnew text end only when
accompanied by an adult licensed to hunt in Minnesota whose license was not obtained
using an apprentice hunter validation. An apprentice hunter validation holder must obtain
all required licenses and stamps.
Sec. 47.
Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read:
Subd. 5.
Scopesdeleted text begin ; visually impaired huntersdeleted text end new text begin on muzzleloadersnew text end .
deleted text begin (a)
Notwithstanding any other law to the contrary, the commissioner may issue a special
permit, without a fee, todeleted text end new text begin A person maynew text end use a muzzleloader with a scope new text begin with up to four
times magnification capability new text end to take deer during the muzzleloader season deleted text begin to a person
who obtains the required licenses and who has a visual impairment. The scope may not
have magnification capabilitiesdeleted text end .
deleted text begin
(b) The visual impairment must be to the extent that the applicant is unable
to identify targets and the rifle sights at the same time without a scope. The visual
impairment and specific conditions must be established by medical evidence verified in
writing by a licensed physician, ophthalmologist, or optometrist. The commissioner
may request additional information from the physician if needed to verify the applicant's
eligibility for the permit.
deleted text end
deleted text begin
(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
deleted text end
deleted text begin
(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.
deleted text end
deleted text begin
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.
deleted text end
deleted text begin
(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, ophthalmologist, or optometrist who fraudulently certifies to the commissioner
that a person is visually impaired as described in this subdivision is guilty of a
misdemeanor.
deleted text end
Sec. 48.
Minnesota Statutes 2008, section 97B.045, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Exception for livestock producers taking predators. new text end
new text begin
The restrictions
in subdivision 1 do not apply to a livestock producer or producer's employee while
taking unprotected wild animals or predatory domestic dogs on the person's farm when
experiencing predatory loss of livestock from wild animal or domestic dog predation.
new text end
Sec. 49.
Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is
amended to read:
Subd. 3.
Hunting from vehicle by disabled hunters.
(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent physical disability that is more substantial than discomfort from walking. The
permit recipient must be:
(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or
(2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.
(b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician deleted text begin ordeleted text end new text begin ,new text end chiropractornew text begin , or certified nurse practitioner
or certified physician assistant acting under the direction of a licensed physiciannew text end . The
commissioner may request additional information from the physician or chiropractor
if needed to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy groups,
establish reasonable minimum standards for permits to be issued under this section. In
addition to providing the medical evidence of a permanent disability, the applicant must
possess a valid disability parking certificate authorized by section 169.345 or license
plates issued under section 168.021.
(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.
(d) A permit issued under this subdivision is valid for five years.
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.
(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physiciannew text begin ,
certified nurse practitioner, certified physician assistant,new text end or chiropractor who fraudulently
certifies to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.
(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.
Sec. 50.
Minnesota Statutes 2008, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.
(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.
(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. On the opening day of the
duck season, shooting hours for migratory game birds, except woodcocknew text begin and dovesnew text end ,
begin at 9:00 a.m.
Sec. 51.
Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read:
Subdivision 1.
Qualifications for crossbow permits.
(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
(b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by new text begin (1) new text end a licensed physiciannew text begin or a certified
nurse practitioner or certified physician assistant acting under the direction of a licensed
physician;new text end or new text begin (2) a licensed new text end chiropractor. A person who has received a special permit
under this section because of a permanent disability is eligible for subsequent special
permits without providing medical evidence and verification of the disability.
(c) The person must obtain the appropriate license.
Sec. 52.
new text begin
[97B.118] WILDLIFE FEEDING; RESTRICTIONS BEFORE AND
DURING OPEN DEER SEASONS.
new text end
new text begin Subdivision 1. new text end
new text begin Time period; restrictions. new text end
new text begin
(a) From September 1 to December
31, a person may not place feed for the purpose of attracting or feeding wildlife within
an area where deer may be taken by firearm or archery during the open seasons under
applicable laws and ordinances.
new text end
new text begin
(b) Feed includes grains, fruits, vegetables, nuts, hay, prepared wildlife food
products, or other food that is capable of attracting wildlife and has been placed by
a person, but does not include:
new text end
new text begin
(1) liquid scents, salt, and minerals;
new text end
new text begin
(2) bait placed by a licensed trapper for taking fur-bearing animals;
new text end
new text begin
(3) bait placed by a licensed bear hunter or licensed bear hunting outfitter at a
registered bear bait station under section 97B.425;
new text end
new text begin
(4) food placed in a bird feeder within 50 feet of a building for the purpose of feeding
birds other than game birds; or
new text end
new text begin
(5) food that has not been placed by a person and resulting from normal or accepted
farming, forest management, wildlife food plantings, orchard management, or other
similar land management activities.
new text end
new text begin Subd. 2. new text end
new text begin Agricultural and livestock exception. new text end
new text begin
The prohibition in subdivision 1
does not apply to feed placed for agricultural or livestock purposes if the feed is stored
consistent with normal agricultural practices.
new text end
new text begin Subd. 3. new text end
new text begin Removal of feed; additional violation. new text end
new text begin
(a) In addition to any other
penalties imposed, a person charged with a violation of this section shall immediately
remove any remaining feed.
new text end
new text begin
(b) Failure to comply with this subdivision is a separate violation, in addition to
violation of subdivision 1.
new text end
Sec. 53.
Minnesota Statutes 2008, section 97B.211, subdivision 1, is amended to read:
Subdivision 1.
Possession of firearms prohibited.
new text begin (a)new text end A person may not take deer
by archery while in possession of a firearm.
new text begin
(b) Paragraph (a) does not apply to a handgun carried in compliance with section
624.714.
new text end
Sec. 54.
Minnesota Statutes 2008, section 97B.301, subdivision 3, is amended to read:
Subd. 3.
Party hunting.
If two or more persons with licenses to take deer by
firearms, or two or more persons with licenses to take deer by archery, are hunting as a
party, a member of the party may take more than one deer, but the total number of deer
taken by the party may not exceed the number of persons licensed to take deer in the
party.new text begin For a deer license issued to a person under age 18, only the person to whom the
license is issued may take and tag a deer under that license.
new text end
Sec. 55.
Minnesota Statutes 2008, section 97B.301, subdivision 6, is amended to read:
Subd. 6.
Residents or nonresidents under age 18 may take deer of either sex.
A
resident or nonresident under the age of 18 may take a deer of either sex except in those
antlerless permit areas and seasons where no antlerless permits are offered. In antlerless
permit areas where no antlerless permits are offered, the commissioner may provide
a limited number of youth either sex permits to residents or nonresidents under age 18,
under the procedures provided in section 97B.305, and may give preference to residents or
nonresidents under the age of 18 that have not previously been selected. This subdivision
does not authorize the taking of deleted text begin an antlerlessdeleted text end deer new text begin on the youth hunter's license new text end by another
member of a party deleted text begin under subdivision 3deleted text end .
Sec. 56.
Minnesota Statutes 2008, section 97B.325, is amended to read:
97B.325 deleted text begin DEERdeleted text end new text begin BIG GAMEnew text end STAND RESTRICTIONS.
A person may not take deleted text begin deerdeleted text end new text begin big gamenew text end from a constructed platform or other structure
that is located within the right-of-way of an improved public highway or is higher than 16
feet above the ground. The height restriction does not apply to a portable stand that is
chained, belted, clamped, or tied with rope.
Sec. 57.
Minnesota Statutes 2008, section 97B.405, is amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
deleted text begin (a)deleted text end The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may establish, by rule, a method, including a drawing, to impartially
select the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.
deleted text begin
(b) In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of area.
deleted text end
Sec. 58.
Minnesota Statutes 2008, section 97B.515, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Taking elk causing damage or nuisance. new text end
new text begin
The commissioner may
authorize the taking of elk that are causing damage or nuisance by licensed hunters from
September 1 to March 1 under rules prescribed by the commissioner. The commissioner
may select and issue licenses to hunters from lists of license applicants based on their
interest, proximity, and availability to quickly respond to the damage or nuisance situation.
A person receiving a license to hunt elk under this subdivision is not subject to the
requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility
for future elk hunts.
new text end
Sec. 59.
Minnesota Statutes 2008, section 97B.601, subdivision 4, is amended to read:
Subd. 4.
Exception to license requirements.
(a) A deleted text begin resident under age 16 may take
small game without a small game license, and adeleted text end resident under age 13 may trap without a
trapping license, as provided in section 97A.451, subdivision 3.
(b) A person may take small game without a small game license on land occupied by
the person as a principal residence.
(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.
(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2, during the closed season without a license.
(e) A person may take a turkey or a prairie chicken without a small game license.
new text begin
(f) A person participating in "Take a Kid Hunting Weekend" may take small game
without a license as provided in section 97A.445, subdivision 5.
new text end
new text begin
(g) A person under age 16 may take waterfowl without a small game license on
youth waterfowl days as provided in section 97A.445, subdivision 5.
new text end
new text begin
(h) Certain military personnel or discharged veterans may take small game without a
license as provided in section 97A.465.
new text end
Sec. 60.
Minnesota Statutes 2008, section 97B.711, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Shooting grouse prohibited near motor vehicle. new text end
new text begin
A person in the vicinity
of a motor vehicle may not discharge a firearm or an arrow from a bow at a grouse, or at a
decoy of a grouse placed by an enforcement officer, unless the person is at least 20 yards
from the vehicle and the vehicle's engine is shut off. This subdivision does not apply to a
person with a disability permit issued under section 97B.055, subdivision 3.
new text end
Sec. 61.
Minnesota Statutes 2008, section 97B.803, is amended to read:
97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
deleted text begin (a)deleted text end The commissioner shall prescribe seasons, limits, and areas for taking migratory
waterfowl in accordance with federal law.
deleted text begin
(b) The regular duck season may not open before the Saturday closest to October 1.
deleted text end
Sec. 62.
Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read:
Subd. 3.
Seasons, limits, and other rules.
The commissioner may, in accordance
with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
establish open seasons, limits, methods, and other requirements for taking fish on special
management waters.new text begin The commissioner may, by written order published in the State
Register, amend daily, possession, or size limits to make midseason adjustments that are
necessary based on available harvest, angling pressure, and population data to manage the
fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs
Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in
daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply. Before the written order is effective, the commissioner
shall attempt to notify persons or groups of persons affected by the written order by public
announcement, posting, and other appropriate means as determined by the commissioner.
new text end
Sec. 63.
Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read:
Subd. 2.
Application for tag.
Application for special fish management tags must
be accompanied by a $5, nonrefundable application fee for each tag. A person may not
make more than one tag application eachnew text begin calendarnew text end year. If a person makes more than one
application, the person is ineligible for a special fish management tag for that deleted text begin seasondeleted text end new text begin
calendar yearnew text end after determination by the commissioner, without a hearing.
Sec. 64.
Minnesota Statutes 2008, section 97C.205, is amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:
(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
(2) is being transported for a fishing contest weigh-in under section 97C.081;
(3) is a minnow being transported under section 97C.505 or 97C.515;
(4) is being transported by a commercial fishing license holder under section
97C.821; or
(5) is being transported as otherwise authorized in this section or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.
(b) The commissioner may adopt rules to allow and regulate:
(1) the transportation of fish and fish eggs; and
(2) the stocking of waters with fish or fish eggs.
(c) The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that water
body if the fish:
(1) were lawfully taken;
(2) have been packaged by a licensed fish packer; and
(3) do not otherwise exceed the statewide possession limits.
(d) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds by seining public waters;
(2) allow the sporting organizations to own and use seines and other necessary
equipment; and
(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.
(e) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by anglingnew text begin , except as otherwise ordered by the commissioner
upon documentation of an emergency fish disease in Minnesota waters, as defined in
section 17.4982, subdivision 9new text end . No more than four of each species may be transported at
any one time, and any individual fish can be no longer than ten inches in total length.new text begin The
commissioner may, by written order published in the State Register, prohibit transportation
of live fish under this paragraph to help prevent spread of an emergency fish disease
documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
new text end
Sec. 65.
new text begin
[97C.338] TRANSPORTATION AND BAIT USE OF LARGE
BULLHEADS AND WHITE SUCKERS.
new text end
new text begin Subdivision 1. new text end
new text begin Large bullheads. new text end
new text begin
(a) Notwithstanding section 97C.205, paragraph
(a), up to 100 bullheads that are greater than seven inches and equal to or less than ten
inches in length may be taken, possessed, transported, and held for use as live bait as
provided in this section.
new text end
new text begin
(b) Bullheads taken under this section may be taken from the wild by:
new text end
new text begin
(1) angling;
new text end
new text begin
(2) dip net; or
new text end
new text begin
(3) seines used as authorized for noncommercial taking of minnows under sections
97C.505 and 97C.511, subdivision 1, and as prescribed by the commissioner.
new text end
new text begin
(c) Bullheads taken and possessed under this section count towards the daily and
possession limits for bullheads prescribed by the commissioner.
new text end
new text begin
(d) Bullheads taken and possessed under this section must be transported in a
container with a locking lid or other device to prevent escape, and live bullheads may not
be released into the wild.
new text end
new text begin
(e) A person transporting or holding bullheads under this section must allow
inspection of the bullheads by the commissioner at any time.
new text end
new text begin
(f) A person may not transport live bullheads taken or possessed under this
section across the Minnesota state border without an appropriate commercial license
and transportation permit.
new text end
new text begin Subd. 2. new text end
new text begin Bullhead transportation north of State Highway 210. new text end
new text begin
Live bullheads,
regardless of size, may not be transported north of State Highway 210 except under an
appropriate commercial fishing, aquatic farm, private hatchery, or minnow dealer license
or as specifically authorized by permit.
new text end
new text begin Subd. 3. new text end
new text begin Large white suckers. new text end
new text begin
Notwithstanding section 97C.205, paragraph (a),
white suckers that are over 12 inches in length and have been legally purchased from a
licensed commercial vendor may be transported alive if the person transporting them
has in personal possession a valid sales receipt from the vendor. To be valid, the sales
receipt must:
new text end
new text begin
(1) show the number of fish purchased;
new text end
new text begin
(2) show the date and time of the purchase; and
new text end
new text begin
(3) have a date and time of purchase that is not more than 96 hours prior to the time
the suckers are being transported.
new text end
Sec. 66.
Minnesota Statutes 2008, section 97C.341, is amended to read:
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait.new text begin The commissioner may authorize use of game fish eggs as
bait and prescribe restrictions on their use.
new text end
(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present. For
purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates,
and insects used for deleted text begin anglingdeleted text end new text begin taking wild animalsnew text end .
Sec. 67.
Minnesota Statutes 2009 Supplement, section 97C.395, subdivision 1, is
amended to read:
Subdivision 1.
Dates for certain species.
(a) The open seasons to take fish by
angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
to the last Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3) for the winter season for lake trout on all lakes located outside or partially within
the Boundary Waters Canoe Area, from January 15 to March 31;
(4) for the winter season for lake trout on all lakes located entirely within the
Boundary Waters Canoe Area, from January 1 to March 31;
(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in section
97C.415, subdivision 2;
(6) for the winter season for brown trout, brook trout, rainbow trout, and splake on
all lakes, from January 15 to March 31; and
(7) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.
new text begin
(c) The commissioner shall close the season for taking smallmouth bass until the
Monday following the third Sunday in June each year in the following areas:
new text end
new text begin
(1) that part of the Rum River from the city of Anoka dam to the confluence with the
Mississippi River;
new text end
new text begin
(2) that part of Elm Creek below the Mill Pond Falls to the confluence with the
Mississippi River;
new text end
new text begin
(3) that part of the Mississippi River within 100 yards both upstream and downstream
of the shoreline of Elm Creek at its confluence with the Mississippi River; and
new text end
new text begin
(4) that part of the Mississippi River from the Coon Rapids Dam to State Highway
No. 610.
new text end
Sec. 68. new text begin ZONE 3 DEER SEASON AND RESTRICTIONS; 2010.
new text end
new text begin
For the 2010 deer season, notwithstanding rules of the commissioner of natural
resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner
shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November
6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20.
During the last two days of the 2010 early A season in Zone 3, a person may not take
antlered deer unless the deer has at least four points on one side, or the person has taken
an antlerless deer prior to taking the antlered deer. Party hunting for antlered deer under
Minnesota Statutes, section 97B.301, subdivision 3, is not allowed in the last two days of
the 2010 early A season in Zone 3. Zone 3 is defined in rules of the Department of Natural
Resources. The penalty provisions under Minnesota Statutes, section 97A.301, apply
to specific restrictions under this section.
new text end
Sec. 69. new text begin RULEMAKING; SPEARING ON CASS LAKE.
new text end
new text begin
The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
apply except as provided under Minnesota Statutes, section 14.388.
new text end
Sec. 70. new text begin PILOT WALK-IN PUBLIC ACCESS PROGRAM; APPROPRIATION.
new text end
new text begin
(a) $1,400,000 in fiscal year 2011 is appropriated from the game and fish fund to the
commissioner of natural resources for a two-year pilot walk-in public access program. The
commissioner shall work with the Board of Water and Soil Resources and other interested
persons to design a pilot program. The commissioner shall pursue additional funding
and coordination with the United States Department of Agriculture. The commissioner
shall contract with landowners at locations within the agricultural areas of the state for
recreational access on lands containing at least 40 contiguous acres of game habitat.
At a minimum, all of the locations must be open to the public for taking game during
prescribed seasons from September 1 to the end of the small game season each year. Land
under contract pursuant to this section shall be treated the same as land made available
without charge for recreational purposes under Minnesota Statutes, sections 604A.20 to
604A.27. This is a onetime appropriation and is available until June 30, 2012.
new text end
new text begin
(b) By February 15, 2011, the commissioner shall provide a progress report to the
house of representatives and senate committees and divisions with primary jurisdiction
over natural resources policy and budget on the pilot walk-in public access program.
The report shall include:
new text end
new text begin
(1) the number of acres and location of each pilot walk-in public access contract;
new text end
new text begin
(2) information on landowner acceptance of the program;
new text end
new text begin
(3) information on the design of the program, including payments for landowner
contracts and other criteria for the program;
new text end
new text begin
(4) a copy of the landowner contract used for the pilot program;
new text end
new text begin
(5) a proposed source of revenue for continuation of the program and the leverage of
federal funds; and
new text end
new text begin
(6) habitat criteria for the public access walk-in contracts, including any
recommendations on use of money from other sources for restoration and enhancement of
the walk-in access sites.
new text end
Sec. 71. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435,
subdivision 5; 97A.451, subdivisions 3a and 4; 97A.485, subdivision 12; 97B.022,
subdivision 1; 97B.511; 97B.515, subdivision 3; and 97C.346,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
NATURAL RESOURCES POLICY
Section 1.
Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:
Subd. 9.
Professional services support account.
The commissioner of natural
resources may bill new text begin other governmental units, including tribal governments, and new text end the
various programs carried out by the commissioner for the costs of providing them with
professional support services. Except as provided under section 89.421, receipts must be
credited to a special account in the state treasury and are appropriated to the commissioner
to pay the costs for which the billings were made.
The commissioner of natural resources shall submit to the commissioner of
management and budget before the start of each fiscal year a work plan showing the
estimated work to be done during the coming year, the estimated cost of doing the work,
and the positions and fees that will be necessary. This account is exempted from statewide
and agency indirect cost payments.
Sec. 2.
Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:
Subd. 15.
Electronic transactions.
(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, deleted text begin duplicatedeleted text end new text begin gift
card,new text end safety training certification, registration, or transfer under the jurisdiction of the
commissioner by electronic means, including by telephone. Notwithstanding section
97A.472, electronic and telephone transactions may be made outside of the state. The
commissioner may:
(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;
(2) assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or registration until
the license or registration is received or expires;
(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;
(4) charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic
bank card transaction in person must post a sign informing individuals of the fee. The
sign must be near the point of payment, clearly visible, include the amount of the fee, and
state: "License agents are allowed by state law to charge a fee not to exceed three percent
of the cost of state licenses to persons who use electronic bank cards for payment. The
fee is not required by state law.";
(5) establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and
(6) adopt rules to administer the provisions of this subdivision.
(b) The fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking procedures
of chapter 14 and section 14.386 does not apply.
(c) Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.
Sec. 3.
Minnesota Statutes 2008, section 84.0856, is amended to read:
84.0856 FLEET MANAGEMENT ACCOUNT.
The commissioner of natural resources may bill organizational units within
the Department of Natural Resourcesnew text begin and other governmental units, including tribal
governments,new text end for the costs of providing them with equipment. Costs billed may include
acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts and interest earned on the receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.
Sec. 4.
Minnesota Statutes 2008, section 84.0857, is amended to read:
84.0857 FACILITIES MANAGEMENT ACCOUNT.
(a) The commissioner of natural resources may bill organizational units within
the Department of Natural Resourcesnew text begin and other governmental units, including tribal
governments,new text end for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and
other direct costs as determined by the commissioner. Receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.
(b) Money deposited in the special account from the proceeds of a sale under section
94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.
Sec. 5.
Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:
Subd. 3.
Fees for registration.
(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c, or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as
follows: $45 for three years and $4 for a duplicate or transfer.
(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.
(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.
new text begin
(d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.
new text end
Sec. 6.
Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Exemption; collector unlimited snowmobile use. new text end
new text begin
Snowmobiles may be
issued an exempt registration if the machine is at least 25 years old. Exempt registration is
valid from the date of issuance until ownership of the snowmobile is transferred. Exempt
registrations are not transferable.
new text end
Sec. 7.
Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:
Subd. 9.
Class 1 all-terrain vehicle.
"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than deleted text begin 900deleted text end new text begin 1,000new text end pounds.
Sec. 8.
Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:
Subd. 10.
Class 2 all-terrain vehicle.
"Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of deleted text begin 900deleted text end new text begin 1,000new text end to deleted text begin 1,500deleted text end new text begin 1,800new text end pounds.
Sec. 9.
Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Collector unlimited use; exempt registration. new text end
new text begin
All-terrain vehicles may
be issued an exempt registration if requested and the machine is at least 25 years old.
Exempt registration is valid from the date of issuance until ownership of the all-terrain
vehicle is transferred. Exempt registrations are not transferable.
new text end
Sec. 10.
Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:
Subd. 5.
Fees for registration.
(a) The fee for a three-year registration of
an all-terrain vehicle under this section, other than those registered by a dealer or
manufacturer under paragraph (b) or (c), is:
(1) for public use, $45;
(2) for private use, $6; and
(3) for a duplicate or transfer, $4.
(b) The total registration fee for all-terrain vehicles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not
transferable.
(c) The total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per
year. Manufacturer registrations are not transferable.
(d) new text begin The onetime fee for registration of an all-terrain vehicle under subdivision 2b
is $6.
new text end
new text begin (e) new text end The fees collected under this subdivision must be credited to the all-terrain
vehicle account.
Sec. 11.
Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:
Subdivision 1.
Program established.
(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training
program, including the preparation and dissemination of vehicle information and safety
advice to the public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and
training course.
(b) For the purpose of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall collect a fee
of $15 from each person who receives the training. The commissioner shall collect a fee,
to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
vehicle safety certificate that neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service. Fee proceeds, except for the
issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain
vehicle account in the natural resources fund. In addition to the fee established by the
commissioner, instructors may charge each person deleted text begin the cost ofdeleted text end new text begin up to the established fee
amount for new text end class deleted text begin materialdeleted text end new text begin materials new text end and expenses.
(c) The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under this section. School districts may cooperate with the commissioner
and volunteer instructors to provide space for the classroom portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to training
program subject matter and performance testing that leads to the certification of vehicle
operators. By June 30, 2003, the commissioner shall incorporate a riding component in
the safety education and training program.
Sec. 12.
Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is
amended to read:
Subdivision 1.
Operation on roads and rights-of-way.
(a) Unless otherwise
allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in
this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway.
(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph (d) or (f).
(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand side of
the road and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.
(d) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
its jurisdiction.
(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
bank or slope of a trunk, interstate, county state-aid, or county highwaynew text begin :new text end
new text begin
(1) that is part of a funded grant-in-aid trail; or
new text end
new text begin (2) new text end when the all-terrain vehicle isdeleted text begin :
deleted text end
deleted text begin (1)deleted text end owned by or operated under contract with a publicly or privately owned utility
or pipeline companydeleted text begin ;deleted text end and
deleted text begin (2)deleted text end used for work on utilities or pipelines.
(f) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.
The commissioner must notify the road authority as soon as it is known that a closure
will be ordered. The notice must state the reasons and duration of the closure.
(g) A person may operate an all-terrain vehicle registered for private use and used
for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
side of the road, and left turns may be made from any part of the road if it is safe to do so
under the prevailing conditions.
(h) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.
(i) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway between the hours of one-half
hour after sunset to one-half hour before sunrise, except on the right-hand side of the
right-of-way and in the same direction as the highway traffic on the nearest lane of the
adjacent roadway.
(j) A person shall not operate an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.
Sec. 13.
Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is
amended to read:
Subd. 13.
Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.
(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;
(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;
(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminatenew text begin ;
new text end
new text begin (4) The Becky Lourey Trail shall originate in Duluth in St. Louis County and extend
southerly to St. Croix State Forest in Pine Countynew text end .
(b) The trails shall be developed primarily for riding and hiking.
(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.
Sec. 14.
Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:
Subd. 14.
Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
Carlton, and Washington Counties.
(a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the State Capitol
and extend northerly and northeasterly to William O'Brien State Park, thence northerly
to Taylors Falls in Chisago County. deleted text begin One segment shall be known as the Boundary Trail
and shall originate in Chisago County and extend into Duluth in St. Louis County.deleted text end One
segment shall be known as the Browns Creek Trail and shall originate at Duluth Junction
and extend into Stillwater in Washington County. One segment shall be known as the
Munger Trail and shall originate at Hinckley in Pine County and extend through Moose
Lake in Carlton County to Duluth in St. Louis County. One segment shall be known
as the Alex Laveau Trail and shall originate in Carlton County at Carlton and extend
through Wrenshall to the Minnesota-Wisconsin border. One segment shall be established
that extends the trail to include the cities of Proctor, Duluth, and Hermantown in St.
Louis County.
(b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
and nonmotorized riding and the remaining trails shall be developed primarily for riding
and hiking.
(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Gateway and Browns Creek Trails may be acquired by eminent domain.
Sec. 15.
Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:
Subd. 5.
Exemption.
Purchases new text begin for resale or rental new text end made from the state parks
working capital deleted text begin funddeleted text end new text begin accountnew text end are exempt from competitive bidding, notwithstanding
chapter 16C.
Sec. 16.
Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:
Subdivision 1.
Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark deleted text begin canoe and boating routesdeleted text end new text begin state water trailsnew text end on the Little Fork, Big Fork,
Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines,
Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre
within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in
Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North,
Sauk, Otter Tail, Redwood,new text begin Blue Earth,new text end and Crow Rivers which have historic and scenic
values and to mark appropriately points of interest, portages, camp sites, and all dams,
rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoenew text begin ,
kayak,new text end and watercraft travelers.
Sec. 17.
Minnesota Statutes 2008, section 85.43, is amended to read:
85.43 DISPOSITION OF RECEIPTS; PURPOSE.
Fees from cross-country ski passes shall be deposited in the state treasury and
credited to a cross-country ski account in the natural resources fund and, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, are appropriated to the commissioner of natural resources for
new text begin the following purposes:
new text end
new text begin (1) new text end grants-in-aid for cross-country ski trails deleted text begin sponsored bydeleted text end new text begin to:
new text end
new text begin (i) new text end deleted text begin local units of governmentdeleted text end new text begin counties and municipalities for construction and
maintenance of cross-country ski trails;new text end and
new text begin (ii)new text end special park districts as provided in section 85.44new text begin for construction and
maintenance of cross-country ski trails; and
new text end
new text begin (2) development and maintenance of state cross-country ski trailsnew text end .
Sec. 18.
Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter
37, article 1, sections 22 to 24, is amended to read:
85.46 HORSE deleted text begin TRAILdeleted text end PASS.
Subdivision 1.
Pass in possession.
(a) Except as provided in paragraph (b), while
riding, leading, or driving a horse deleted text begin on horse trails and associated day use areas on state
trails, in state parks, in state recreation areas, and in state forests,deleted text end new text begin on lands administered by
the commissioner, new text end a person 16 years of age or over shall carry in immediate possession
a valid horse deleted text begin traildeleted text end pass. The pass must be available for inspection by a peace officer, a
conservation officer, or an employee designated under section 84.0835.
(b) A valid horse deleted text begin traildeleted text end pass is not required under this section for a person riding,
leading, or driving a horse deleted text begin onlydeleted text end on deleted text begin the portion of a horse traildeleted text end new text begin property new text end that is owned by
the person or the person's spouse, child, parent, or guardian.
Subd. 2.
License agents.
(a) The commissioner of natural resources may appoint
agents to issue and sell horse deleted text begin traildeleted text end passes. The commissioner may revoke the appointment
of an agent at any time.
(b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.
(c) An agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.
Subd. 3.
Issuance.
The commissioner of natural resources and agents shall issue
and sell horse deleted text begin traildeleted text end passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a daily or annual pass
must be signed by the person riding, leading, or driving the horse, and a commercial
annual pass must be signed by the owner of the commercial deleted text begin traildeleted text end riding facility.
Subd. 4.
Pass fees.
(a) The fee for an annual horse deleted text begin traildeleted text end pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.
(b) The fee for a daily horse deleted text begin traildeleted text end pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.
(c) The fee for a commercial annual horse deleted text begin traildeleted text end pass is $200 and includes issuance
of 15 passes. Additional or individual commercial annual horse deleted text begin traildeleted text end passes may be
purchased by the commercial deleted text begin traildeleted text end riding facility owner at a fee of $20 each. Commercial
annual horse deleted text begin traildeleted text end passes are valid for one year beginning January 1 and ending December
31 and may be affixed to the horse tack, saddle, or person. Commercial annual horse deleted text begin traildeleted text end
passes are not transferable to another commercial deleted text begin traildeleted text end riding facility. For the purposes of
this section, a "commercial deleted text begin traildeleted text end riding facility" is an operation where horses are used for
riding instruction or other equestrian activities for hire or use by others.
Subd. 5.
Issuing fee.
In addition to the fee for a horse deleted text begin traildeleted text end pass, an issuing fee of
$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
Issuing fees for passes sold by the commissioner of natural resources shall be deposited
in the state treasury and credited to the horse deleted text begin traildeleted text end new text begin pass new text end account in the natural resources
fund and are appropriated to the commissioner for the operation of the electronic licensing
system. A pass shall indicate the amount of the fee that is retained by the seller.
Subd. 6.
Disposition of receipts.
Fees collected under this section, except for
the issuing fee, shall be deposited in the state treasury and credited to the horse deleted text begin traildeleted text end
new text begin pass new text end account in the natural resources fund. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, the
fees are appropriated to the commissioner of natural resources for trail acquisition, trail and
facility development, and maintenance, enforcement, and rehabilitation of horse trails or
trails authorized for horse use, whether for riding, leading, or driving, on deleted text begin state trails and in
state parks, state recreation areas, and state forestsdeleted text end new text begin land administered by the commissionernew text end .
Subd. 7.
Duplicate horse deleted text begin traildeleted text end passes.
The commissioner of natural resources and
agents shall issue a duplicate pass to a person or commercial deleted text begin traildeleted text end riding facility owner
whose pass is lost or destroyed using the process established under section 97A.405,
subdivision 3, and rules adopted thereunder. The fee for a duplicate horse deleted text begin traildeleted text end pass is $2,
with an issuing fee of 50 cents.
Sec. 19.
Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is
amended to read:
Subdivision 1.
Master plan required.
No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, new text begin for scientific and natural
areas, new text end for water access sites, for aquatic management areas, for rest areas, or for boater
waysides.
Sec. 20.
Minnesota Statutes 2008, section 86B.101, is amended to read:
86B.101 WATERCRAFT SAFETY new text begin AND EDUCATION new text end PROGRAM.
Subdivision 1.
Safety new text begin and education new text end program.
The commissioner shall continue
and expand the comprehensive deleted text begin boatdeleted text end new text begin watercraftnew text end safety and education program. The
commissioner shall cooperate with deleted text begin boatersdeleted text end new text begin watercraft ownersnew text end , governmental subdivisions,
state agencies, other states, and the federal government in the operation of the program.
Subd. 2.
Youth watercraft safety new text begin and education new text end course.
(a) The commissioner
shall establish an educational course and a testing program for personal watercraft and
watercraft operators and for persons age 12 or older but younger than age 18 required to
take the watercraft safety new text begin and education new text end course. new text begin The course shall have an invasive species
component that includes the identification of invasive species and invasive species control
requirements. new text end The commissioner shall prescribe a written test as part of the course. A
personal watercraft educational course and testing program that emphasizes safe and legal
operation must be required for persons age 13 or older but younger than age 18 operating
personal watercraft.
(b) The commissioner shall issue a watercraft operator's permit to a person age 12
or older but younger than age 18 who successfully completes the educational program
and the written test.
Subd. 3.
Operator's permit.
The commissioner shall issue a watercraft operator's
permit to a person who successfully qualifies for a watercraft operator's permit under the
deleted text begin boatdeleted text end new text begin watercraftnew text end safety new text begin and new text end education program.
Subd. 4.
deleted text begin Boatdeleted text end new text begin Watercraftnew text end safety new text begin and new text end education program; reciprocity with other
states.
The commissioner may enter into reciprocity agreements or otherwise certify deleted text begin boatdeleted text end new text begin
watercraftnew text end safety new text begin and new text end education programs from other states that are substantially similar to
in-state programs. The commissioner shall issue a watercraft operator's permit to a person
who provides proof of completion of a program subject to a reciprocity agreement or
certified as substantially similar.
Sec. 21.
Minnesota Statutes 2008, section 97B.665, subdivision 2, is amended to read:
Subd. 2.
Petition to district court.
If a beaver dam causes a threat to personal
safety or a serious threat to damage property, deleted text begin and a person cannot obtain consent under
subdivision 1,deleted text end a person may petition the district court for relief. The court may order the
deleted text begin commissionerdeleted text end new text begin owners of private property where beaver dams are located new text end to take action
to reduce the threat. new text begin A permit is not required for an action ordered by the court.new text end new text begin The
action may include destruction or alteration of beaver dams and removal of beaver. This
subdivision does not apply to state parks, state game refuges, and federal game refuges.
new text end
Sec. 22.
Minnesota Statutes 2008, section 103A.305, is amended to read:
103A.305 JURISDICTION.
Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding
involves a question of water policy in one or more of the areas of water conservation, water
pollution, preservation and management of wildlife, drainage, soil conservation, public
recreation, forest management, and municipal planning under section 97A.135; 103A.411;
103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; deleted text begin 103G.295,
subdivisions 1 and 2;deleted text end new text begin ; new text end 103G.297 to 103G.311; 103G.315, subdivisions 1, 10,
11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.
Sec. 23.
Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:
103G.201 PUBLIC WATERS INVENTORY.
(a) The commissioner shall maintain a public waters inventory map of each county
that shows the waters of this state that are designated as public waters under the public
waters inventory and classification procedures prescribed under Laws 1979, chapter
199, and shall provide access to a copy of the maps deleted text begin and listsdeleted text end . As county public waters
inventory maps deleted text begin and listsdeleted text end are revised according to this section, the commissioner shall send
a notification or a copy of the maps deleted text begin and listsdeleted text end to the auditor of each affected county.
(b) The commissioner is authorized to revise the deleted text begin listdeleted text end new text begin map new text end of public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:
(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;
(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or
(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.
(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.
(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.
(e) The commissioner may revise the public waters inventory map deleted text begin and listdeleted text end of each
county:
(1) to reflect the changes authorized in paragraph (b); and
(2) as needed, to:
(i) correct errors in the original inventory;
(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;
(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and
(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.
Sec. 24.
Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:
Subd. 3.
Permit restriction during summer months.
The commissioner must not
modify or restrict the amount of appropriation from a groundwater source authorized in a
water use permit issued to irrigate agricultural land deleted text begin under section 103G.295, subdivision
2,deleted text end between May 1 and October 1, unless the commissioner determines the authorized
amount of appropriation endangers a domestic water supply.
Sec. 25.
new text begin
[103G.282] MONITORING TO EVALUATE IMPACTS FROM
APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Monitoring equipment. new text end
new text begin
The commissioner may require the
installation and maintenance of monitoring equipment to evaluate water resource impacts
from permitted appropriations and proposed projects that require a permit. Monitoring for
water resources that supply more than one appropriator must be designed to minimize
costs to individual appropriators.
new text end
new text begin Subd. 2. new text end
new text begin Measuring devices required. new text end
new text begin
Monitoring installations required under
subdivision 1 must be equipped with automated measuring devices to measure water
levels, flows, or conditions. The commissioner may determine the frequency of
measurements and other measuring methods based on the quantity of water appropriated
or used, the source of water, potential connections to other water resources, the method
of appropriating or using water, seasonal and long-term changes in water levels, and any
other facts supplied to the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Reports and costs. new text end
new text begin
(a) Records of water measurements under subdivision
2 must be kept for each installation. The measurements must be reported annually to the
commissioner on or before February 15 of the following year in a format or on forms
prescribed by the commissioner.
new text end
new text begin
(b) The owner or person in charge of an installation for appropriating or using
waters of the state or a proposal that requires a permit is responsible for all costs related
to establishing and maintaining monitoring installations and to measuring and reporting
data. Monitoring costs for water resources that supply more than one appropriator may be
distributed among all users within a monitoring area determined by the commissioner and
assessed based on volumes of water appropriated and proximity to resources of concern.
new text end
Sec. 26.
Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:
Subd. 5.
Trout streams.
Permits issued after June 3, 1977, to appropriate water
from streams designated trout streams by the commissioner's orders under section deleted text begin 97C.021deleted text end
new text begin 97C.005 new text end must be limited to temporary appropriations.
Sec. 27.
new text begin
[103G.287] GROUNDWATER APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Waiver. new text end
new text begin
The commissioner may waive a limitation or requirement in
subdivisions 2 to 6 for just cause.
new text end
new text begin Subd. 2. new text end
new text begin Applications for groundwater appropriations. new text end
new text begin
Groundwater use permit
applications are not complete until the applicant has supplied:
new text end
new text begin
(1) a water well record as required by section 103I.205, subdivision 9, information
on the subsurface geologic formations penetrated by the well and the formation or aquifer
that will serve as the water source, and geologic information from test holes drilled to
locate the site of the production well;
new text end
new text begin
(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
requested;
new text end
new text begin
(3) information on groundwater quality in terms of the measures of quality
commonly specified for the proposed water use and details on water treatment necessary
for the proposed use;
new text end
new text begin
(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
or within the area of influence, as determined by the commissioner. The inventory must
include information on well locations, depths, geologic formations, depth of the pump or
intake, pumping and nonpumping water levels, and details of well construction; and
new text end
new text begin
(5) the results of an aquifer test completed according to specifications approved by
the commissioner. The test must be conducted at the maximum pumping rate requested
in the application and for a length of time adequate to assess or predict impacts to other
wells and surface water and groundwater resources. The permit applicant is responsible
for all costs related to the aquifer test, including the construction of groundwater and
surface water monitoring installations, and water level readings before, during, and after
the aquifer test.
new text end
new text begin Subd. 3. new text end
new text begin Relationship to surface water resources. new text end
new text begin
Groundwater appropriations
that have potential impacts to surface waters are subject to applicable provisions in
section 103G.285.
new text end
new text begin Subd. 4. new text end
new text begin Protection of groundwater supplies. new text end
new text begin
The commissioner may establish
water appropriation limits to protect groundwater resources. When establishing water
appropriation limits to protect groundwater resources, the commissioner must consider
current and projected water levels and water supply management objectives in section
103G.265, subdivision 1.
new text end
new text begin Subd. 5. new text end
new text begin Groundwater management areas. new text end
new text begin
The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses
within a designated area to ensure future supplies. Water appropriations and uses within a
designated management area must be consistent with a plan approved by the commissioner
that addresses water conservation requirements and water allocation priorities established
in section 103G.261.
new text end
new text begin Subd. 6. new text end
new text begin Interference with other wells. new text end
new text begin
The commissioner may issue water use
permits for appropriation from groundwater only if the commissioner determines that
adequate water supplies are available for the proposed use without reducing water levels
beyond the reach of public water supply and private domestic wells constructed according
to Minnesota Rules, chapter 4725.
new text end
Sec. 28.
Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:
Subd. 6.
Filing application.
deleted text begin (a)deleted text end An application for a permit must be filed with the
commissioner and if the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, a copy of the application with maps, plans, and specifications must be served on
the mayor of the municipality, the secretary of the board of managers of the watershed
district, and the secretary of the board of supervisors of the soil and water conservation
district.
deleted text begin
(b) If the application is required to be served on a local governmental unit under
this subdivision, proof of service must be included with the application and filed with
the commissioner.
deleted text end
Sec. 29.
Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:
Subd. 2.
Exception.
The requirements of subdivision 1 do not apply to applications
for a water use permit for:
(1)deleted text begin appropriations from waters of the state for irrigation, under section 103G.295;deleted text end
deleted text begin (2)deleted text end appropriations for diversion from the basin of origin of more than 2,000,000
gallons per day average in a 30-day period; or
deleted text begin (3)deleted text end new text begin (2) new text end appropriations with a consumptive use of more than 2,000,000 gallons per
day average for a 30-day period.
Sec. 30.
Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
read:
Subd. 11.
Limitations on permits.
(a) Except as otherwise expressly provided by
law, a permit issued by the commissioner under this chapter is subject to:
(1) cancellation by the commissioner at any time if necessary to protect the public
interests;
(2) further conditions on the term of the permit or its cancellation as the
commissioner may prescribe and amend and reissue the permit; and
(3) applicable law existing before or after the issuance of the permit.
(b) Permits issued to irrigate agricultural land deleted text begin under section 103G.295, or considered
issued,deleted text end are subject to this subdivision and are subject to cancellation by the commissioner
upon the recommendation of the supervisors of the soil and water conservation district
where the land to be irrigated is located.
Sec. 31.
Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:
Subd. 5.
Removal of hazardous dams.
Notwithstanding any provision of
this section or of section 103G.511 relating to cost sharing or apportionment, the
commissioner, within the limits of legislative appropriation, may assume or pay the entire
cost of removal of a privately or publicly owned dam upon determining new text begin removal provides
the lowest cost solution and:
new text end
new text begin (1) new text end that continued existence of the structure presents a significant public safety
hazard, or prevents restoration of an important fisheries resourcedeleted text begin ,deleted text end new text begin ;new text end or
new text begin (2) new text end that public or private property is being damaged due to partial failure of the
structuredeleted text begin , and that an attempt to assess costs of removal against the private or public
owner would be of no availdeleted text end .
Sec. 32.
new text begin
[103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS
PROHIBITED.
new text end
new text begin
The commissioner of natural resources must not issue leases to remove sunken logs
or issue permits for the removal of sunken logs from public waters.
new text end
Sec. 33.
Minnesota Statutes 2008, section 290.431, is amended to read:
290.431 NONGAME WILDLIFE CHECKOFF.
Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into
the nongame wildlife management account. The sum of the amounts so designated to
be paid shall be credited to the nongame wildlife management account for use by the
nongame program deleted text begin of the section of wildlifedeleted text end in the Department of Natural Resources. All
interest earned on money accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife management account shall be
credited to the account by the commissioner of management and budget, except that
gifts or contributions received directly by the commissioner of natural resources and
directed by the contributor for use in specific nongame field projects or geographic
areas shall be handled according to section 84.085, subdivision 1. The commissioner
of natural resources shall submit a work program for each fiscal year and semiannual
progress reports to the Legislative-Citizen Commission on Minnesota Resources in the
form determined by the commission. deleted text begin None of the money provided in this section may be
deleted text end deleted text begin expended unless the commission has approved the work program.deleted text end
The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife.new text begin The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.
new text end
Sec. 34.
Minnesota Statutes 2008, section 290.432, is amended to read:
290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise be
payable by or to that corporation and paid into the nongame wildlife management account
established by section 290.431 for use by deleted text begin the section of wildlife indeleted text end the Department of
Natural Resources for its nongame wildlife program. The commissioner of revenue shall,
on the corporate tax return, notify filers of their right to designate that a portion of their
tax return be paid into the nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money accrued, gifts to the program,
contributions to the program, and reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the commissioner of management
and budget, except that gifts or contributions received directly by the commissioner of
natural resources and directed by the contributor for use in specific nongame field projects
or geographic areas shall be handled according to section 84.085, subdivision 1. The
commissioner of natural resources shall submit a work program for each fiscal year to
the Legislative-Citizen Commission on Minnesota Resources in the form determined by
the commission. deleted text begin None of the money provided in this section may be spent unless the
deleted text end deleted text begin commission has approved the work program.deleted text end
The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.
Sec. 35. new text begin REPORT ON PAYMENTS IN LIEU OF TAXES FOR STATE NATURAL
RESOURCE LANDS.
new text end
new text begin
By January 15, 2011, the commissioner of revenue, after consultation with
the commissioner of natural resources and representatives from affected local units
of government and other interested parties, shall report to the senate and house of
representatives natural resources and tax policy and finance committees and divisions
with recommended changes to payment in lieu of taxes for natural resource lands under
Minnesota Statutes, sections 97A.061 and 477A.11 to 477A.145. The report shall include
an analysis of the current payment and distribution system, and any recommended
changes to:
new text end
new text begin
(1) the rate of payments for specific classes of natural resource lands; and
new text end
new text begin
(2) the formula for distribution of the payments to local units of government.
new text end
Sec. 36. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall change the term "horse trail pass" to "horse pass"
wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end
new text begin
(b) The revisor of statutes shall change the term "canoe and boating routes" or
similar term to "state water trails" or similar term wherever it appears in Minnesota
Statutes and Minnesota Rules.
new text end
new text begin
(c) The revisor of statutes shall change the term "Minnesota Conservation Corps" to
"Conservation Corps Minnesota" wherever it appears in Minnesota Statutes.
new text end
Sec. 37. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8;
97B.665, subdivision 1; 103G.295; and 103G.650,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions
4a, 6a, and 6b,
new text end
new text begin
are repealed.
new text end
new text begin
(c)
new text end
new text begin
Laws 2009, chapter 172, article 5, section 8,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 3
STATE LANDS
Section 1.
Minnesota Statutes 2008, section 84.0272, subdivision 2, is amended to read:
Subd. 2.
Stream easements.
(a) Notwithstanding subdivision 1, the commissioner
may acquire permanent stream easements for angler access, fish management, and habitat
work for a onetime payment based on a value attributed to both the stream and the
easement corridor. The payment shall equal:
(1) the per linear foot of stream within the easement corridor times $5; plus
(2) the easement corridor acres times the estimated market value.
(b) The estimated market value is equal to:
(1) the deleted text begin total farm market value plus the timberlands valuedeleted text end new text begin agricultural market value
plus the rural vacant market value plus the managed forest market valuenew text end ; divided by
(2) the acres of deleted text begin deeded farmland plus the acres of timberdeleted text end new text begin agricultural land plus the
rural vacant land plus the managed forest landnew text end .
(c) The deleted text begin total farm market value, timberlands value, acres of deeded farmland, and
acres of timberdeleted text end new text begin agricultural market value, rural vacant market value, and managed forest
market value or equivalentnew text end are determined from data collected by the Department of
Revenue during its annual spring mini abstract survey. new text begin If the Department of Revenue
changes its property type groups for its annual spring mini abstract survey, the agricultural
market value, the rural vacant market value, and the managed forest market value shall be
determined by the commissioner from data collected by the Department of Revenue in a
manner that provides the most reasonable substitute for the market values as presently
reported. new text end The commissioner must use the most recent available data for the city or
township within which the easement corridor is located.
(d) The commissioner shall periodically review the easement payment rates under
this subdivision to determine whether the stream easement payments reflect current
shoreland market values. If the commissioner determines that the easements do not reflect
current shoreland market values, the commissioner shall report to the senate and house of
representatives natural resources policy committees with recommendations for changes
to this subdivision that are necessary for the stream easement payment rates to reflect
current shoreland market values. The recommendations may include an adjustment to the
dollar amount in paragraph (a), clause (1).
Sec. 2.
Minnesota Statutes 2008, section 85.012, subdivision 40, is amended to read:
Subd. 40.
McCarthy Beach State Park, St. Louis deleted text begin Countydeleted text end new text begin and Itasca Countiesnew text end , which
is hereby renamed from McCarthy Beach Memorial State Park.
Sec. 3.
new text begin
[85.0144] HILL-ANNEX MINE STATE PARK; HISTORIC PROPERTY
EXEMPTION.
new text end
new text begin
In accordance with Laws 1988, chapter 686, article 1, section 53, that provided that
mining may be conducted on Hill-Annex Mine State Park in the future and that portions
of the surface estate may be necessary for these mining operations, section 138.665,
subdivision 2, does not apply to the removal of any taconite or any iron-bearing material
stockpiles within the Hill-Annex Mine State Park.
new text end
Sec. 4.
Minnesota Statutes 2008, section 89.032, subdivision 2, is amended to read:
Subd. 2.
Acquisition for state forests.
The commissioner may acquire lands or
interest in lands for state forest purposesnew text begin . The land or interests in land may benew text end subject
to mineral reservations.
Sec. 5.
Laws 2008, chapter 368, article 1, section 34, as amended by Laws 2009,
chapter 176, article 4, section 2, is amended to read:
Sec. 34. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN
COUNTY.
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner
of natural resources shall sell to the city of Wayzata the surplus land that is described in
paragraph (c) deleted text begin upon verification that the city has acquired the adjacent parcel, currently
occupied by a gas stationdeleted text end .
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The commissioner may sell the land described in paragraph (c) to
the city of Wayzata, for deleted text begin up to $75,000 plus transaction costsdeleted text end new text begin $1new text end , but the conveyance must
provide that the land described in paragraph (c) be used for a public road and reverts to
the state if the city of Wayzata fails to provide for public use of the land as a road or
abandons the public use of the land.
(c) The land that may be sold is located in Hennepin County and is described as:
Tract F, Registered Land Survey No. 1168.
(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city of
Wayzata.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Laws 2009, chapter 176, article 4, section 9, is amended to read:
Sec. 9. PRIVATE SALE OF SURPLUS LAND; CLEARWATER COUNTY.
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The commissioner may sell the land to the White Earth Band of
Ojibwe for deleted text begin less than the value of the land as determined by the commissionerdeleted text end new text begin $1new text end , but the
conveyance must provide that the land be used for the public and reverts to the state
if the band fails to provide for public use or abandons the public use of the land. The
conveyance may reserve an easement for ingress and egress.
(c) The land that may be sold is located in Clearwater County and is described as:
the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145
North, Range 38 West, containing 6.89 acres, more or less.
(d) The Department of Natural Resources has determined that the land and building
are no longer needed for natural resource purposes.
Sec. 7. new text begin ADDITIONS TO STATE PARKS.
new text end
new text begin Subdivision 1. new text end
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[85.012] [Subd. 19.] Forestville Mystery Cave State Park,
Fillmore County.
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new text begin
The following areas are added to Forestville Mystery Cave State Park,
all in Fillmore County:
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(1) commencing at the northeast corner of Section 14, Township 102 North, Range
12 West; thence West 1,608.8 feet; thence South 2 degrees 50 minutes West 1,260.4 feet;
thence North 89 degrees 57 minutes West 656 feet; thence South 0 degrees 39 minutes
West 541.4 feet; thence North 89 degrees 57 minutes West 302.7 feet; thence South 0
degrees 39 minutes West 347.1 feet; thence South 89 degrees 58 minutes East 132 feet;
thence South 0 degrees 39 minutes West 496 feet; thence South 89 degrees 58 minutes
East 495 feet; thence South 54 degrees East 990 feet; thence South 39 degrees East 295
feet; thence South 84 degrees East 594 feet; thence South 64 degrees East 148.5 feet;
thence South 66 degrees East 462 feet; thence North 0 degrees 45 minutes East 3763
feet to beginning;
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(2) that part of the East Half of the Southeast Quarter of Section 14, Township 102
North, Range 12 West, lying North of the south bank of the North Branch Creek, also
known as Forestville Creek. Said parcel of real estate being more fully described as
follows: commencing at the northeast corner of Section 14, proceed West, a distance
of 1,608.8 feet; thence South 2 degrees 50 minutes West a distance of 1,260.4 feet;
thence North 89 degrees 57 minutes West, a distance of 656 feet; thence South 0 degrees
39 minutes West, a distance of 541.4 feet to the beginning corner. From the point of
beginning, continue North 89 degrees 57 minutes West, a distance of 302.7 feet; thence
South 0 degrees 39 minutes West a distance of 347.1 feet; thence South 89 degrees 58
minutes East, a distance of 132 feet; thence South 0 degrees 39 minutes West, a distance
of 496 feet; thence South 89 degrees 58 minutes East a distance of 363 feet; thence South
54 degrees East 990 feet; thence South 39 degrees East 295 feet; thence South 84 degrees
East 594 feet; thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462
feet, to the section line; thence North on the section line, a distance of 1,783 feet; thence
North 85 degrees 34 minutes West a distance of 2,340.2 feet to the beginning corner;
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(3) the South Half of the Northeast Quarter of Section 23, Township 102, Range
12, Fillmore County, Minnesota, except the South Half of the Southeast Quarter of the
Southeast Quarter of said Northeast Quarter, and also except that part thereof lying West
of the center of County Road No. 12;
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(4) that part of the North Half of the Southwest Quarter of Section 23, Township
102, Range 12, Fillmore County, Minnesota, lying northerly and easterly of the following
described line: commencing at a point 288.4 feet North of the southwest corner of the
Northwest Quarter of the Southwest Quarter of said Section 23; thence North 132 feet, to
the point of beginning of the line to be described; thence East 1,800 feet, to the center
of river; thence South 6 degrees East 133 feet to intersect the hereinafter described Line
X; thence easterly along said Line X to the hereinafter described Point A; thence South,
parallel with the west line of said Southwest Quarter to the south line of said North Half of
said Southwest Quarter and said line there terminating. Said Line X and Point A being
described as follows: commencing at the southwest corner of the Northwest Quarter of
the Southwest Quarter of said Section 23; thence running North 4.37 chains; thence East,
along a line referred to as Line X in the above description, a distance of 27.25 chains to a
point referred to as Point A in the above description;
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(5) the East Half of the Southeast Quarter of the Southwest Quarter of Section 23,
Township 102, Range 12, Fillmore County, Minnesota; and
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(6) the Southeast Quarter of Section 23, Township 102, Range 12, Fillmore County,
Minnesota, except the North Half of the Northeast Quarter of the Northeast Quarter of
said Southeast Quarter.
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new text begin Subd. 2. new text end
new text begin
[85.012] [Subd. 31.] Judge C. R. Magney State Park, Cook County.
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new text begin
The following areas are added to Judge C. R. Magney State Park, all in Cook County:
the Northwest Quarter of the Northwest Quarter, the Northeast Quarter of the Northwest
Quarter, and the Northwest Quarter of the Northeast Quarter, all in Section 5, Township
62 North, Range 3 East.
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new text begin Subd. 3. new text end
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[85.012] [Subd. 54.] Split Rock Lighthouse State Park, Lake County.
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new text begin
The following areas are added to Split Rock Lighthouse State Park, all in Lake County: the
Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast
Quarter, all in Section 32, Township 55 North, Range 8 West.
new text end
new text begin Subd. 4. new text end
new text begin [85.012] [Subd. 55a.] Tettegouche State Park, Lake County. new text end
new text begin
The
following areas are added to Tettegouche State Park:
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(1) that part of Government Lot 2, Section 15, Township 56, Range 7, Lake County,
Minnesota, described as follows: commencing at the quarter corner between said Section
15 and Section 22, Township 56, Range 7; thence East, along the section line between said
Sections 15 and 22, a distance of 503.0 feet; thence northeasterly, deflecting to the left 75
degrees 00 minutes a distance of 425.0 feet, to a point designated by a two-inch iron pipe,
being the point of beginning; thence northwesterly, to a point on the west line of said Lot 2
distant approximately 970.0 feet North of said quarter corner between Sections 15 and 22;
thence North along said west line to the northwest corner of said Lot 2; thence East, along
the north line of said Lot 2, approximately 240.0 feet; thence in a southeasterly direction
to a point on the east side of a point of rocks projecting into Lake Superior, being marked
by an X; thence in a southwesterly direction, along the shore of said Lake Superior to the
point of beginning. (X mark on rock being in line making a deflection angle of 45 degrees
51 minutes to the left with the east-west section line from a point on the section line 503.0
feet East of the quarter corner between said Sections 15 and 22 and being approximately
830 feet from said point on said section line.); and
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(2) the Northeast Quarter of the Southwest Quarter of Section 15, Township 56,
Range 7, Lake County, Minnesota.
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Sec. 8. new text begin DELETIONS FROM STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 1a.] Afton State Park, Washington County. new text end
new text begin
The
following area is deleted from Afton State Park: all that part of the Southwest Quarter of
Section 3, Township 27, Range 20, Washington County, Minnesota, embraced within the
recorded plat of ALPS ESTATES.
new text end
new text begin Subd. 2. new text end
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[85.012] [Subd. 14.] Crow Wing State Park, Crow Wing, Cass, and
Morrison Counties.
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The following areas are deleted from Crow Wing State Park:
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(1) all that part of Government Lots 7 and 8, Section 24, Township 44, Range 32,
Crow Wing County, Minnesota, embraced within the recorded plat of RED RIVER
TRAIL; and
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(2) all that part of Government Lot 7, Section 24, Township 44, Range 32, Crow
Wing County, Minnesota, embraced within the recorded plat of LOGGER RUN.
new text end
new text begin Subd. 3. new text end
new text begin
[85.012] [Subd. 21.] Frontenac State Park, Goodhue County.
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new text begin
The following area is deleted from Frontenac State Park: that part of the Southeast
Quarter, Section 11, Township 112 North, Range 13 West, being described as BLOCK P,
GARRARD'S SOUTH EXTENSION TO FRONTENAC according to the plat on file and
of record in the Office of the Recorder for Goodhue County, Minnesota, including any
portions of vacated roadway which have attached thereto.
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new text begin Subd. 4. new text end
new text begin [85.012] [Subd. 26.] Hayes Lake State Park, Roseau County. new text end
new text begin
The
following area is deleted from Hayes Lake State Park: the West 45.00 feet of the North
160.7 feet of the South 263.58 feet of the Southwest Quarter of the Northeast Quarter of
Section 32, Township 160, Range 38, Roseau County, Minnesota.
new text end
new text begin Subd. 5. new text end
new text begin
[85.012] [Subd. 40.] McCarthy Beach State Park, St. Louis and
Itasca Counties.
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new text begin
The following area is deleted from McCarthy Beach State Park in
Itasca County: all that part of the Northeast Quarter of the Southeast Quarter, Section 1,
Township 60 North, Range 22 West, embraced within the recorded plat of "TRUST,"
as depicted thereon.
new text end
new text begin Subd. 6. new text end
new text begin [85.012] [Subd. 41.] Maplewood State Park, Otter Tail County. new text end
new text begin
The
following areas are deleted from Maplewood State Park:
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(1) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail
County, Minnesota, embraced within the recorded plat of South Lida Shores, according to
the recorded plat thereof;
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(2) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail
County, Minnesota, embraced within the recorded plat of Greens Isle View Addition,
according to the recorded plat thereof;
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(3) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail
County, Minnesota, described as follows: beginning at a point located by running West
401 feet from the northeast corner of said Government Lot 4 in Section 9; thence South 47
degrees 10 minutes West 100 feet; thence South 52 degrees 19 minutes West along the
lakeshore of Lake Lida a distance of 50 feet; thence South 42 degrees 50 minutes East
200 feet; thence North 52 degrees 19 minutes East 50 feet; thence North 42 degrees 50
minutes West 100 feet; thence North 47 degrees 10 minutes East 100 feet; thence North 42
degrees 50 minutes West, 100 feet to the point of beginning;
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(4) that part of Government Lot 5, Section 9, Township 135, Range 42, Otter
Tail County, Minnesota, described as follows: commencing at the northeast corner of
Government Lot 4 in said Section 9; thence on an assumed bearing of West, along the
north line of said Government Lot 4, a distance of 130 feet, to intersect the shore of South
Lida Lake, said point of intersection being the point of beginning of the tract of land to
be described; thence return on a bearing of East, a distance of 130 feet, to said northeast
corner of Government Lot 4; thence North 03 degrees 46 minutes 00 seconds West
224.40 feet, along the centerline of a township road; thence North 08 degrees 31 minutes
00 seconds East 346.60 feet along said centerline; thence North 81 degrees 14 minutes
00 seconds West 34.00 feet to the westerly line of said township road; thence North 08
degrees 31 minutes 00 seconds East along said westerly line 125.00 feet; thence North 36
degrees 09 minutes 00 seconds West 230.00 feet; thence South 71 degrees 21 minutes 00
seconds West 93.00 feet, more or less to the easterly shoreline of South Lida Lake; thence
southeasterly along said shoreline to the point of beginning; and
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(5) that part of Government Lot 2, Section 33, Township 136, Range 42, Otter Tail
County, Minnesota, described as follows: commencing at the East Quarter corner of said
Section 33; thence on an assumed bearing of West, along the east-west quarter line of
said Section 33, a distance of 3,994.0 feet; thence North 25 degrees East, a distance of
308.3 feet to the southwesterly right-of-way line of a public highway; thence North 40
degrees 00 minutes West, a distance of 169.0 feet, along said right-of-way; thence South
74 degrees 43 minutes West, a distance of 70.0 feet, more or less, to the shore of South
Lida Lake; thence southwesterly, along said shoreline to the south line of said Government
Lot 2; thence on a bearing of East, along the south line of said Government Lot 2, also
being said east-west quarter line to the point of beginning.
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new text begin Subd. 7. new text end
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[85.012] [Subd. 54.] Split Rock Lighthouse State Park, Lake County.
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new text begin
The following area is deleted from Split Rock Lighthouse State Park: the Southeast
Quarter of the Southeast Quarter, Section 31, Township 55 North, Range 8 West, Lake
County.
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Sec. 9. new text begin ADDITIONS TO STATE FORESTS.
new text end
new text begin
[89.021] [Subd. 32.] Lyons State Forest. The following area is added to the Lyons
State Forest: Section 16, Township 135 North, Range 32 West, Cass County.
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Sec. 10. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ANOKA COUNTY.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to a political subdivision the surplus land
that is described in paragraph (c).
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(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
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(c) The land that may be sold is located in Anoka County and is described as: the
East Half of the Southeast Quarter of Section 25, Township 32 North, Range 22 West,
Anoka County, Minnesota, containing 80 acres, more or less.
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(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a political
subdivision. A political subdivision would like to use this parcel as a wetland mitigation
site.
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(e) This sale is the result of the intent expressed by the city of Columbus and Anoka
County to allow the commissioner of natural resources to replace the approximately 80
acres of land with land adjacent to the Carlos Avery Wildlife Management Area from
willing sellers as identified in the November 19, 2007, Department of Natural Resources'
land acquisition plan.
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Sec. 11. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BELTRAMI COUNTY.
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new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
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(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The conveyance must include a reservation of perpetual road easements
described in paragraph (c) to the state for ingress and egress for constructing, repairing,
maintaining, and operating an adjacent northern pike spawning and rearing area.
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(c) The land that may be sold is located in Beltrami County and is described as:
All that part of the Southwest Quarter of the Southwest Quarter and Government Lot 1,
Section 21, Township 146 North, Range 31 West, bounded by the water's edge of Cass
Lake and the following described lines: Commencing at the southwest corner of said
section, thence North 00 degrees 07 minutes West, 691.2 feet on and along the west line of
said section to the point of beginning; thence South 58 degrees 27 minutes East, 177.64
feet; thence South 65 degrees 00 minutes East, 162.35 feet; thence North 52 degrees
07 minutes East, 175.70 feet; thence North 86 degrees 05 minutes East, 232.35 feet;
thence South 41 degrees 50 minutes East, 186.35 feet; thence South 25 degrees 59 minutes
East, 122.0 feet; thence South 33 degrees 47 minutes West, 176.13 feet; thence South 26
degrees 31 minutes West, 157.26 feet; thence South 50 degrees 19 minutes East, 142.34
feet; thence North 88 degrees 05 minutes East, 66.15 feet to point "A"; thence North 67
degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24 minutes East, 113.86
feet; thence North 80 degrees 48 minutes East, 88.96 feet to point "B"; thence South 17
degrees 17 minutes East, 138 feet, more or less, to the water's edge of Cass Lake and
there terminating. And from the point of beginning; thence North 00 degrees 07 minutes
West, 630.92 feet on and along the west line of said Section 21; thence South 75 degrees
27 minutes East, 206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet;
thence South 37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18 minutes
East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60 feet; thence South 48
degrees 10 minutes East, 120.58 feet; thence South 89 degrees 59 minutes East, 197.76
feet; thence South 68 degrees 28 minutes East, 195.0 feet; thence South 38 degrees 25
minutes East, 162.17 feet; thence South 56 degrees 38 minutes East, 410.58 feet; thence
South 31 degrees 06 minutes West, 203.30 feet; thence South 80 degrees 48 minutes West,
14.84 feet; thence South 17 degrees 17 minutes East, 133 feet, more or less, to the water's
edge of Cass Lake and there terminating. Including all riparian rights to the contained
18.0 acres, more or less and subject to all existing easements.
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Subject to a perpetual road easement for ingress and egress over and across the
following described land in Government Lot 1 of said section described as follows:
Beginning at point "B," said point being on the southerly boundary of the above described
tract; thence North 80 degrees 48 minutes East, 20.2 feet; thence South 17 degrees 17
minutes East, 33.33 feet; thence South 80 degrees 48 minutes West, 20.2 feet; thence
North 17 degrees 17 minutes West, 33.33 feet to point "B" and the point of beginning.
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new text begin
Except that part of Government Lot 1 of Section 21, Township 146 North, Range
31 West, described as follows: Commencing at the southwest corner of said Section 21;
thence North 00 degrees 07 minutes West, 1,322.12 feet along the west line of said Section
21; thence South 75 degrees 27 minutes East, 206.01 feet; thence South 35 degrees 36
minutes East, 210.68 feet; thence South 37 degrees 07 minutes East, 230.53 feet; thence
South 51 degrees 18 minutes East, 124.95 feet; thence North 55 degrees 37 minutes East,
156.60 feet; thence South 48 degrees 10 minutes East, 120.58 feet; thence South 89
degrees 59 minutes East, 197.76 feet; thence South 68 degrees 28 minutes East, 195.0
feet; thence South 38 degrees 25 minutes East, 162.17 feet; thence South 56 degrees 38
minutes East, 383.52 feet, to the point of beginning; thence South 56 degrees 38 minutes
East, 27.06 feet; thence South 31 degrees 06 minutes West, 203.30 feet; thence South 80
degrees 48 minutes West, 2.52 feet; thence North 15 degrees 31 minutes West, 46.80
feet; thence North 32 degrees 31 minutes East, 18.96 feet; thence North 59 degrees 39
minutes East, 58.56 feet; thence North 20 degrees 23 minutes East, 105.29 feet to the
point of beginning; containing 0.1 acres.
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Together with a perpetual road easement for ingress and egress over and across the
Southwest Quarter of the Southwest Quarter of said section being a strip of land 33 feet
wide, lying 16.5 feet on each side of the following described lines: Commencing at the
southwest corner of said Section 21; thence North 00 degrees 07 minutes West, 656.4 feet
on and along the west line of said section to the point of beginning; thence South 42
degrees 51 minutes East, 52.16 feet; thence South 70 degrees 04 minutes East, 214.3 feet;
thence South 37 degrees 58 minutes East, 219.4 feet; thence South 49 degrees 02 minutes
East, 252.6 feet; thence South 45 degrees 15 minutes East, 152.5 feet; thence South 50
degrees 19 minutes East, 119.9 feet, to the south line of Section 21 and there terminating.
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Together with a perpetual road easement for ingress and egress over and across
the northwesterly 16.5 feet of the following described land in Government Lot 1 and
the Southwest Quarter of the Southwest Quarter of said section described as follows:
Beginning at point "A," said point being on the southern boundary of the above described
tract; thence North 67 degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24
minutes East, 113.86 feet; thence North 80 degrees 48 minutes East, 88.96 feet; thence
South 17 degrees 17 minutes East, 33.33 feet; thence South 80 degrees 48 minutes West,
92.38 feet; thence South 76 degrees 24 minutes West, 109.91 feet; thence South 67
degrees 06 minutes West, 353.28 feet; thence South 88 degrees 05 minutes West, 92.15
feet to point "A" and the point of beginning.
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(d) The land borders Cass Lake. The land was acquired for a northern pike spawning
area but has not been used for such purpose for 30 years. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes.
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Sec. 12. new text begin PRIVATE SALE OF SURPLUS STATE LAND; CARLTON COUNTY.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to a political subdivision the surplus land
that is described in paragraph (c).
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new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
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(c) The land that may be sold is located in Carlton County and is described as: the
Northeast Quarter of the Northwest Quarter of the Southeast Quarter, except state trunk
highway right-of-way, Section 26, Township 49 North, Range 17 West, containing 9.324
acres, more or less.
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(d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes.
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Sec. 13. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CARLTON COUNTY.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Carlton County may sell
by private sale the tax-forfeited land bordering public water that is described in paragraph
(c), under the remaining provisions of Minnesota Statutes, chapter 282.
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(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
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(c) The land to be sold is located in Carlton County and is described as:
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(1) part of Government Lot 1 commencing 42 rods 17 links East of the northwest
corner of Section 6, Township 46, Range 18; thence South 82 rods 11 links; thence West to
Bear Lake; thence West on the shoreline to the section line; thence North to the northwest
corner; thence East to the beginning; except the highway right-of-way and except the part
northwest of Highway 35, Docket 214412 and except commencing at the northwest corner
of said Government Lot 1; thence South 0 degrees 5 minutes 51 seconds West on the west
line thereof 1,176.49 feet to a point on the southeast right-of-way line of the Interstate
Highway 35 frontage road; thence North 51 degrees 42 minutes 51 seconds East on said
right-of-way line 209.76 feet; thence South 19 degrees 45 minutes East 120.0 feet to the
point of beginning; thence North 19 degrees 45 minutes West 120.0 feet; thence North 51
degrees 42 minutes 51 seconds East 80.0 feet to the MNDOT right-of-way monument;
thence South 71 degrees 36 minutes 52 seconds East 216.61 feet; thence South 3 degrees
30 minutes West 195 feet, more or less, to the shore of Bear Lake; thence westerly on said
shore 215 feet, more or less, to a point which bears 2 degrees 55 minutes East from the
point of beginning; thence North 2 degrees 55 minutes West 150 feet, more or less, to the
point of beginning, on Docket 240622 and except commencing at the northwest corner of
said Government Lot 1; thence East along the north line 704.22 feet; thence South parallel
to the west line 1,360.26 feet to the actual point of beginning; thence North 739.16 feet,
more or less, to the southeast right-of-way line of the I-35 frontage road; thence southwest
along said right-of-way line 608.48 feet, more or less, to the MNDOT monument; thence
South 71 degrees 36 minutes 52 seconds East 216.61 feet; thence South 3 degrees 30
minutes West 195 feet, more or less, to the shore of Bear Lake; thence East on said shore
285 feet, more or less, to a point which bears North 00 degrees West from the point of
beginning; thence South 90 degrees East 15 feet, more or less, to the point of beginning,
Docket 282721 (parcel identification number 39-010-0920); and
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(2) that part of Government Lot 2 lying North of Moose Horn River, Docket 262968,
272524, and 272525, Section 11, Township 46, Range 19 (parcel identification number
39-030-1220).
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new text begin
(d) The county has determined that the county's land management interests would
best be served if the land was sold to adjoining landowners.
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Sec. 14. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CARLTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Carlton County may sell the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
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(c) The land to be sold is located in Carlton County and is described as:
new text end
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(1) the Northwest Quarter of the Southeast Quarter, Section 27, Township 48 North,
Range 18 West (parcel number 33-010-6300);
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(2) the Southwest Quarter of the Northeast Quarter, except that part East of the Kettle
River, Section 26, Township 48 North, Range 20 West (parcel number 90-010-4630); and
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(3) the Northwest Quarter of the Southeast Quarter or Government Lot 5, Section
12, Township 49 North, Range 19 West (parcel number 94-026-2020).
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(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
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Sec. 15. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS COUNTY.
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new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, and upon
completion of exchange of the school trust land for acquired land, the commissioner of
natural resources may sell to a school district by private sale the surplus land bordering
public water that is described in paragraph (c).
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(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell the land to a school district for less than the
value of the land as determined by the commissioner, but the conveyance must provide
that the land described in paragraph (c) be used for an educational unit managed forest and
reverts to the state if the school district fails to provide for or abandons the educational
unit managed forest use of the land.
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(c) The land that may be sold is located in Cass County and is described as:
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(1) the Southwest Quarter of the Southwest Quarter of Section 27;
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(2) the Southeast Quarter of the Southeast Quarter of Section 28;
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(3) Government Lot 11 of Section 33; and
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(4) Government Lot 14 of Section 34,
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all in Township 141 North, Range 28 West, containing a total of 98.7 acres, more or
less.
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(d) The land borders Nellie Lake. Independent School District No. 118, Longville,
has inadvertently trespassed upon the land for the establishment of an educational unit
managed forest under Minnesota Statutes, section 89.41. The commissioner of natural
resources has determined that the state's land management interests would best be served
if the land was managed as an educational unit managed forest. Since the land is currently
school trust land, the commissioner of natural resources shall first exchange the school
trust land for acquired land prior to sale.
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Sec. 16. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public or private sale the surplus land
bordering public water that is described in paragraph (c).
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new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to a local unit of government for less than the
value of the land, as determined by the commissioner, but the conveyance must provide
that the land be used for the public and reverts to the state if the local unit of government
fails to provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Cass County and is described as: Lot 7,
Block 1, Dell's Sleepy Hollow, Cass County, Minnesota, according to the recorded plat
thereof, containing 0.54 acres, more or less.
new text end
new text begin
(d) The land borders Woman Lake. The Department of Natural Resources has
determined that the state's land management interests would best be served if the land was
conveyed to a local unit of government.
new text end
Sec. 17. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; GOODHUE COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The conveyance must include the easement specified in paragraph (c).
The purpose of the easement is to:
new text end
new text begin
(1) provide for the development of fish habitat, including tree planting, erosion
control, installation of instream structures, posting of signs, and other improvements;
new text end
new text begin
(2) permit angling by the public; and
new text end
new text begin
(3) provide ingress and egress through the property sold to the easement area.
new text end
new text begin
(c) The land that may be sold is located in Goodhue County and is described as:
that part of the Southwest Quarter of the Northeast Quarter and that part of the Northwest
Quarter of the Southeast Quarter of Section 7, Township 112, Range 15, Goodhue County,
Minnesota, which lie westerly of the centerline of County State-Aid Highway No. 6,
containing 2.6 acres, more or less.
new text end
new text begin
Reserving an easement over, under, and across that part of the above described
property located within a strip of land 132 feet in width, and centered on the centerline
of Spring Creek, as the same meanders through said Southwest Quarter of the Northeast
Quarter and said Northwest Quarter of the Southeast Quarter.
new text end
new text begin
(d) The land borders Spring Creek. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes provided that an
easement right is retained. The land is separated from the wildlife management area by a
county road and has been subject to inadvertent trespass by the adjacent landowner.
new text end
Sec. 18. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell to a local unit of government by private sale the surplus land
that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to a local unit of government for less than the
value of the land, as determined by the commissioner, but the conveyance must provide
that the land be used for the public and reverts to the state if the local unit of government
fails to provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Hennepin County and is described as:
Outlot A, Block 1, Schendel Woods, Hennepin County, Minnesota, according to the
recorded plat thereof, containing 13.92 acres, more or less.
new text end
new text begin
(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a local unit of
government. A local unit of government would like to use this parcel for a storm water
runoff project.
new text end
Sec. 19. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATERS; ITASCA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may
convey to the city of Cohasset for consideration as determined by Itasca County the land
described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the city of Cohasset fails to provide for the public use
described in paragraph (d) or abandons the public use of the land. As a condition of
conveyance, the city of Cohasset must provide to Itasca County a survey of the property,
at no cost to Itasca County. The conveyance is subject to easements, restrictions, and
reservations of record. The attorney general may make necessary changes to the legal
description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Itasca County and is described as: that
part of Government Lot 7, Section 23, Township 55 North, Range 26 West, described
as follows:
new text end
new text begin
Commencing at the southwest corner of the Northwest Quarter of the Southwest
Quarter, Section 23, Township 55 North, Range 26 West; thence South 88 degrees 02
minutes 11 seconds East, along the south line of said Northwest Quarter of Southwest
Quarter and the south line of Government Lot 7 according to the plat of HILLCREST
PARK, 1,351.90 feet to the centerline of the Tioga Beach Road and the point of beginning;
thence northerly along the centerline of the Tioga Beach Road 123.51 feet along a
nontangential curve concave to the East, said curve having a central angle of 12 degrees 08
minutes 28 seconds, radius of 582.87 feet, a chord bearing of North 07 degrees 35 minutes
37 seconds West, chord distance 123.28 feet; thence North 01 degrees 31 minutes 24
seconds West, along the centerline of the Tioga Beach Road 167.83 feet; thence northerly
along the centerline of the Tioga Beach Road 139.95 feet along a tangential curve concave
to the West, said curve having a central angle of 11 degrees 26 minutes 28 seconds, radius
of 700.85 feet; thence North 12 degrees 57 minutes 52 seconds West, along the centerline
of the Tioga Beach Road 174.21 feet; thence northerly along the centerline of the Tioga
Beach Road 70.93 feet, more or less, along a tangential curve concave to the East, said
curve having a central angle of 08 degrees 46 minutes 30 seconds, radius of 463.14 feet
to intersect the north line of the South 665.00 feet of Government Lot 7; thence South
88 degrees 02 minutes 11 seconds East along the north line of the South 665.00 feet of
said Government Lot 7, a distance of 512.74 feet; thence South 65 degrees 39 minutes
08 seconds East, 184 feet, more or less, to the waters edge of Pokegama Lake; thence
southwesterly along the waters edge of Pokegama Lake to intersect the south line of said
Government Lot 7; thence North 88 degrees 02 minutes 11 seconds West, along the south
line of Government Lot 7, 220 feet, more or less, to the point of the beginning and there
terminating. Parcel contains approximately 690 front feet of shoreland on Pokegama
Lake and 6.8 acres.
new text end
new text begin
(d) The county has determined that the county's land management interests would
be best served if the lands are managed for a public beach and other public recreational
purposes by the city of Cohasset.
new text end
Sec. 20. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; MAHNOMEN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Mahnomen County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
The conveyance must include a deed restriction that prohibits buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations within an area 75 feet from the
ordinary high water level. A 15-foot strip for lake access and a dock is allowed.
new text end
new text begin
(c) The land to be sold is located in Mahnomen County and is described as:
new text end
new text begin
Beginning at the northeast corner of Lot 1; thence 28 rods West to the point of
beginning; thence West 7 rods; thence South to the shoreline of North Twin Lake 9 rods,
more or less; thence southeast on the shoreline to a point South of the point of beginning;
thence North 16 rods, more or less, to the point of beginning, all in Section 29, Township
144 North, Range 39 West (parcel number R16 029 0200).
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 21. new text begin PRIVATE SALE OF SURPLUS STATE LAND; MARTIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Martin County and is described as: the
North 700 feet of a strip of land 100 feet in width extending over and across the West Half
of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section
25, Township 101 North, Range 32 West, Martin County, Minnesota. The centerline of
said strip being the centerline of the main track (now removed) of the Minnesota and Iowa
Railway Company, as said centerline was originally located and established over and
across said Section 25. This parcel contains 1.6 acres, more or less.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes and that the state's land management interests would best
be served if the land were conveyed to the adjacent landowner to improve access to the
landowner's property.
new text end
Sec. 22. new text begin EXCHANGE OF STATE LAND WITHIN LAKE MARIA WILDLIFE
MANAGEMENT AREA; MURRAY COUNTY.
new text end
new text begin
(a) The commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI, section 10, and
according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange
the land described in paragraph (b).
new text end
new text begin
(b) The land that may be exchanged is located in Murray County and is described as:
new text end
new text begin
(1) the North 866 feet of the South 1555 feet of the Southwest Quarter of Section 7,
Township 108, Range 41, lying West of the East 450 feet thereof;
new text end
new text begin
(2) the South 689 feet of the Southwest Quarter of Section 7, Township 108, Range
41; and
new text end
new text begin
(3) that part of the Northeast Quarter of Section 18, Township 108, Range 41,
described as follows: Commencing at the northwest corner of said Section 7, Township
108, Range 41; thence running easterly along the north line of said Section 7 a distance of
2,769.50 feet to the intersection with the centerline of the township road; thence southerly
along the centerline of said township road a distance of 2,653.75 feet; thence deflecting
00 degrees 31 minutes right and continuing along the centerline of said township road a
distance of 2,051.75 feet; thence easterly and parallel to the south line of the Southwest
Quarter of the Southeast Quarter of said Section 7, a distance of 464 feet; thence South
and parallel to the west line of the Northeast Quarter of said Section 18, a distance of
3,198.00 feet, to the south line of the Northeast Quarter of said Section 18, and the point
of beginning of the land to be described; thence return northerly, along the last described
course, a distance of 2,635 feet to the north line of said Northeast Quarter; thence
southwesterly, a distance of 999 feet, to a point on the west line of said Northeast Quarter,
distant 421.5 feet South of the northwest corner of said Northeast Quarter, thence South
along said west line, to the southwest corner of said Northeast Quarter; thence East, along
the south line of said Northeast Quarter, a distance of 910 feet to the point of beginning.
new text end
new text begin
(c) The land was acquired in part with bonding appropriations. The exchange
with the adjacent landowner will provide additional wildlife acres and additional water
frontage to the state.
new text end
Sec. 23. new text begin CONVEYANCE OF SURPLUS STATE LAND; ACQUISITION;
NICOLLET COUNTY.
new text end
new text begin Subdivision 1. new text end
new text begin Conveyance of surplus land. new text end
new text begin
(a) Notwithstanding Minnesota
Statutes, sections 16B.281 to 16B.287, the commissioner of administration may upon
recommendation of the commissioner of human services, convey to the city of St. Peter
for no consideration the surplus land or any state interest in land that is described in
paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make changes to the land description to correct errors and ensure
accuracy. The commissioner of administration may grant utility easements for no
consideration in conjunction with the conveyances under this section.
new text end
new text begin
(c) The land to be sold is located in Nicollet County and is described as:
new text end
new text begin
(1) all that part of the following described parcel lying westerly of the westerly
right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.
new text end
new text begin
Said parcel described as follows:
new text end
new text begin
That part of Government Lot 6 in Section 29, Township 110 North, Range 26 West,
city of Saint Peter, Nicollet County, Minnesota, described as:
new text end
new text begin
Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of
beginning; thence South 64 degrees 37 minutes 16 seconds East, a distance of 178.6 feet,
more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade
Road; thence northeasterly, on said centerline, a distance of 98.3 feet, more or less, to the
north line of said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds
West, on said north line; a distance of 220.5 feet, more or less, to the point of beginning;
new text end
new text begin
(2) all that part of the following described parcel lying easterly of the westerly
right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.
new text end
new text begin
Said parcel described as follows:
new text end
new text begin
That part of Government Lot 6 in Section 29, Township 110 North, Range 26 West,
city of Saint Peter, Nicollet County, Minnesota, described as:
new text end
new text begin
Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of
beginning; thence South 64 degrees 37 minutes 16 seconds East, a distance of 178.6 feet,
more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade
Road; thence northeasterly, on said centerline, a distance of 98.3 feet, more or less, to the
north line of said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds West,
on said north line; a distance of 220.5 feet, more or less, to the point of beginning; and
new text end
new text begin
(3) that part of the East 25.00 of a 150.00 foot wide railroad right-of-way acquired
in Book R page 338, in the Northeast Quarter of the Northeast Quarter of Section 29,
Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota,
lying South of the southerly right-of-way line of Minnesota Trunk Highway No. 99, per
MN/DOT Right-of-Way Map 31-68 and North of the following described line:
new text end
new text begin
Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet; thence North 64
degrees 37 minutes 16 seconds West, a distance of 86.15 feet; thence northwesterly 127.21
feet on a tangential curve to the right, having a radius of 280.00 feet and a central angle of
26 degrees 01 minutes 59 seconds to the point of beginning of the line to be described;
thence continuing northwesterly 31.24 feet on said tangential curve to the right, having
a radius of 280.00 feet and a central angle of 06 degrees 23 minutes 34 seconds and
there terminating.
new text end
new text begin
(d) The commissioner has determined that the land is no longer needed for any state
purpose and that the state's land management interests would best be served if the land
was conveyed to and used by the city of St. Peter.
new text end
new text begin Subd. 2. new text end
new text begin Acquisition authority. new text end
new text begin
(a) Notwithstanding any law to the contrary, the
commissioner of administration, upon recommendation of the commissioner of human
services, may acquire from the city of St. Peter, without monetary consideration, land
located in Nicollet County, described as follows:
new text end
new text begin
(1) that part of the Northeast Quarter of the Northeast Quarter of Section 29,
Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota:
new text end
new text begin
Lying East of the east line of the 150.007 foot wide railroad right-of-way acquired in
Book R page 338, in said Northeast Quarter of the Northeast Quarter of Section 29;
new text end
new text begin
AND
new text end
new text begin
Lying South of the following described line:
new text end
new text begin
Commencing at the northeast corner of said Section 29; thence South 00 degrees
29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast
Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said
Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south
line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the
point of beginning; thence North 64 degrees 37 minutes 16 seconds West, a distance of
86.15 feet; thence northwesterly 127.21 feet on a tangential curve to the right, having a
radius of 280.00 feet and a central angle of 26 degrees 01 minutes 51 seconds to the
point of termination. Said point of termination being on the east line of the previously
referenced railroad right-of-way and there terminating; and
new text end
new text begin
(2) that part of Government Lot 6 in Section 29, Township 110 North, Range 26
West, city of Saint Peter, Nicollet County, Minnesota described as:
new text end
new text begin
Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet; thence South 64
degrees 37 minutes 16 seconds East, a distance of 179 feet, more or less, to the centerline
of Freeman Drive, formerly the Saint Peter and Belgrade Road, and the point of beginning;
thence continuing South 64 degrees 37 minutes 16 seconds East, a distance of 25.8 feet,
more or less, to the existing right-of-way of U.S. Highway No. 169, per Map 14-80;
thence southwesterly along said right-of-way a distance of 91.7 feet, more or less, to the
northerly line of a parcel recorded as Document No. 274882, Nicollet County records;
thence northwesterly along the northerly line of said parcel a distance of 27.5 feet, more or
less, to the centerline of said Freeman Drive; thence northeasterly along said centerline a
distance of 93.2 feet, more or less, to the point of beginning.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to legal descriptions to correct errors and
ensure accuracy.
new text end
Sec. 24. new text begin CONVEYANCE OF SURPLUS STATE LAND; OLMSTED COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner
of natural resources shall convey to the city of Oronoco for no consideration the surplus
land that is described in paragraph (c).
new text end
new text begin
(b) The conveyance shall occur upon the operation of the reversion clause contained
in the deed for the land described in paragraph (c) in accordance with Minnesota Statutes
1965, section 85.188, and after the passage of resolutions by the Olmsted County Board
and the Oronoco City Council, each acknowledging that the requirements set forth in the
Agreement for Transfer of Oronoco Park in the City of Oronoco to the City of Oronoco
by Olmsted County have been sufficiently met to proceed with the conveyance. The
conveyance must be in a form approved by the attorney general, the Olmsted County
Board, and the Oronoco City Council. The conveyance must provide that the land reverts
to the state if the city of Oronoco fails to maintain and operate the land as a public park.
The attorney general may make changes to the land description to correct errors and
ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Olmsted County and is described as:
new text end
new text begin
(1) the East Half of the West Half of the Southeast Quarter of the Southeast Quarter,
Section 7, Township 108 North, Range 14 West, subject to flowage rights in favor of
Olmsted County; and
new text end
new text begin
(2) the East Half of the Southeast Quarter of the Southeast Quarter, Section 7,
Township 108 North, Range 14 West.
new text end
new text begin
(d) The land is currently owned by Olmsted County and used as a public park,
having been conveyed by the state according to Laws 1965, chapter 810, section 9. The
1965 law and the corresponding conveyance document require reversion to the state if
the county stops operating the land as a public park. Olmsted County no longer wishes
to operate the public park, but the city of Oronoco has agreed to pay consideration to
Olmsted County to continue the park operation. The commissioner has determined that
the state's land management interests would best be served if, upon the land's reversion to
the state, the land was conveyed to and used by the city of Oronoco as a public park.
new text end
Sec. 25. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; ROSEAU COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Roseau County and is described as:
Government Lot 9, Section 30, Township 163 North, Range 36 West, containing 0.15
acres, more or less.
new text end
new text begin
(d) The land borders the Warroad River and is not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
new text end
Sec. 26. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION
LAND; ROSEAU COUNTY.
new text end
new text begin
(a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, Roseau County may sell by public or private sale the
consolidated conservation lands that are described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The consideration for the conveyance must be for no less than the
appraised value of the land and timber and survey costs. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
new text end
new text begin
(c) The land that may be sold is located in Roseau County and is described as:
new text end
new text begin
(1) that part of Government Lot 1, Section 4, Township 162 North, Range 36 West,
lying southwesterly of the southwesterly right-of-way of the Canadian National Railway.
Subject to the right-of-way of State Highway 11. Contains 0.75 acres, more or less; and
new text end
new text begin
(2) the South Half of the South Half of the Southeast Quarter of the Northwest
Quarter, Section 34, Township 159 North, Range 39 West, containing 10 acres, more or
less.
new text end
new text begin
(d) The lands are not contiguous to other state lands. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes.
new text end
Sec. 27. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ROSEAU COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, Roseau County may sell by private sale the tax-forfeited
land described in paragraph (c) under the remaining provisions of Minnesota Statutes,
chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Roseau County and is described as: the
Northwest Quarter of the Northeast Quarter and the Southeast Quarter of the Southeast
Quarter, Section 20, Township 163, Range 36.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 28. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited
land described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is adjacent to a parcel
described as:
new text end
new text begin
that part of the Northeast Quarter of the Southwest Quarter beginning on the
east line at the southerly road right-of-way; thence southerly along the east line 760.07
feet; thence South 89 degrees 3 minutes 23 seconds West 290 feet; thence North 1 degree
12 minutes 54 seconds East 764.79 feet; thence East along the southerly road right-of-way
290 feet to the point of beginning, Section 20, Township 58 North, Range 15 West. St.
Louis County shall sell an adjoining amount of land, determined by the county to rectify
an inadvertent trespass. The sale will ensure that the buildings causing the inadvertent
trespass will meet all setback requirements.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 29. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited
land described in paragraph (c).
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) Lot 90, Block 75, Duluth Proper Third Division, except the West six feet of the
South 50 feet of the West Half, Section 28, Township 50 North, Range 14 West;
new text end
new text begin
(2) the northerly 100 feet of the Southwest Quarter of the Southwest Quarter, except
the westerly 233 feet, and except the easterly 50 feet of the westerly 283 feet, Section
14, Township 51 North, Range 13 West;
new text end
new text begin
(3) the South 150 feet of the Northeast Quarter of the Southeast Quarter, Section 5,
Township 55 North, Range 18 West;
new text end
new text begin
(4) the West 33 feet of the North 208 feet of the South 1,040 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end
new text begin
(5) the North 36 feet of the North 1,076 feet of the West 449 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end
new text begin
(6) the West 33 feet of the North 208 feet of the South 832 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end
new text begin
(7) the West 33 feet of the North 208 feet of the South 624 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end
new text begin
(8) the West 33 feet of the South 416 feet of the Northwest Quarter of the Northeast
Quarter, Section 7, Township 60 North, Range 13 West; and
new text end
new text begin
(9) part of the South Half of the Southwest Quarter, Section 20, Township 58 North,
Range 15 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 30. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) Lot 4, Block 4, Greenwood Beach, town of Duluth, Section 19, Township 51
North, Range 19 West;
new text end
new text begin
(2) beginning at the southwest corner of Lot 4, running thence East 450 feet; thence
North 200 feet; thence West 450 feet; thence South along the section line 200 feet to the
point of beginning, except the northerly 40 feet, Section 7, Township 54 North, Range
19 West;
new text end
new text begin
(3) the South 560 feet of the East 300 feet of the Northeast Quarter of the Southeast
Quarter, except the highway right-of-way and except the North 315 feet, Section 22,
Township 61 North, Range 20 West;
new text end
new text begin
(4) an undivided 1/24 interest in the Southeast Quarter of the Northwest Quarter,
Section 8, Township 50 North, Range 18 West;
new text end
new text begin
(5) an undivided 2/15 interest in the Southwest Quarter of the Northwest Quarter,
Section 20, Township 50 North, Range 18 West;
new text end
new text begin
(6) an undivided 1/3 interest in the Southwest Quarter of the Southeast Quarter,
Section 21, Township 50 North, Range 18 West;
new text end
new text begin
(7) an undivided 1/45 interest in the Northeast Quarter of the Southeast Quarter,
Section 29, Township 50 North, Range 18 West;
new text end
new text begin
(8) an undivided 1/12 interest in the Northeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
new text end
new text begin
(9) an undivided 1/12 interest in the Southeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
new text end
new text begin
(10) an undivided 1369/68040 interest in Lot 8, except the railway right-of-way,
Section 28, Township 51 North, Range 18 West; and
new text end
new text begin
(11) that part of the Southeast Quarter of the Northeast Quarter of Section 10,
Township 63 North, Range 18 West, St. Louis County, Minnesota, described as follows:
new text end
new text begin
Assuming the northeast line of Lot 9 in the plat of MANNIKKO (PINE RIDGE) to
bear North 54 degrees 11 minutes 00 seconds West, and COMMENCING from the most
northerly corner of said Lot 9 run North 28 degrees 12 minutes 30 seconds East, a distance
of 107.39 feet; thence South 28 degrees 12 minutes 30 seconds West, a distance of 28.19
feet; thence South 86 degrees 24 minutes 10 seconds West, a distance of 82.17 feet; thence
South 77 degrees 07 minutes 31 seconds West, a distance of 77.70 feet; thence South 82
degrees 40 minutes 33 seconds West, a distance of 83.09 feet; thence South 71 degrees 26
minutes 45 seconds West, a distance of 190.55 feet; thence North 70 degrees 55 minutes
26 seconds West, a distance of 76.14 feet to a point on a nontangential curve, the center
of which bears North 35 degrees 10 minutes 49 seconds West, being also a point on the
east right-of-way of "Phillips Road" as it exists in January of 1995; thence northerly along
said east right-of-way, on said nontangential curve, concave to the West, central angle of
88 degrees 57 minutes 37 seconds, radius of 90.00 feet, a distance of 139.74 feet; thence
North 34 degrees 08 minutes 26 seconds west, along said east right-of-way, a distance of
105.00 feet to a tangential curve; thence northerly along said east right-of-way on said
tangential curve, concave to the East, central angle 69 degrees 38 minutes 31 seconds,
radius 68.00 feet, a distance of 82.65 feet to a point of reverse curve; thence northerly
along said east right-of-way, on said reverse curve, concave to the West, central angle of
18 degrees, more or less, radius of 116.25 feet, a distance of 36.5 feet, more or less, to
the south line of said Southeast Quarter of the Northeast Quarter and the POINT OF
BEGINNING of the land being described; thence northerly, continuing along said curve, a
distance of 96.2 feet; thence North 29 degrees 54 minutes 20 seconds West, tangent to said
curve and along said east right-of-way, a distance of 16.32 feet; thence South 89 degrees
42 minutes 44 seconds East, a distance of 943.3 feet, more or less, to the east line of
said Southeast Quarter of the Northeast Quarter; thence southerly, along said east line, a
distance of 30 feet, more or less, to the shore of Lake Vermilion; thence southerly, along
said shore, a distance of 100 feet, more or less, to the south line of said Southeast Quarter
of the Northeast Quarter; thence westerly, along said south line, a distance of 880 feet,
more or less, to the POINT OF BEGINNING. Containing 2.5 acres, more or less.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 31. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given the location
of property lines, on each side of the centerline of the designated trout stream to provide
riparian protection and angler access.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) Lot 22, Block 1, Wonderland 1st Addition, town of Duluth, except the highway
right-of-way and including part of the adjacent vacated road, Section 17, Township 51
North, Range 12 West; and
new text end
new text begin
(2) that part of the southerly 135 feet of the northerly 543 feet of the Northwest
Quarter of the Southwest Quarter lying East of the westerly 968 feet and West of the
Sucker River, Section 30, Township 52 North, Range 12 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 32. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) the East Half of the Northwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West, subject to an existing easement;
new text end
new text begin
(2) the North 407 feet of that part of Lot 4 lying South of the east and west centerline
of Section 20, Section 20, Township 51 North, Range 16 West;
new text end
new text begin
(3) Lots 1, 2, and 3, Childs Birch Grove Tracts, Grand Lake, Section 20, Township
51 North, Range 16 West;
new text end
new text begin
(4) Lots 28 and 29, Briar Lake Shores 3rd Addition, North Star, Section 15,
Township 53 North, Range 13 West; and
new text end
new text begin
(5) the East Half of the Southeast Quarter of the Northwest Quarter, Section 26,
Township 60 North, Range 17 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 33. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given the location
of property lines, on each side of the centerline of the designated trout stream to provide
riparian protection and angler access. For the parcels described in paragraph (c), clauses
(6) and (7), a 33-foot strip across the easement shall be allowed for road access and utilities.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) the Southwest Quarter of the Southeast Quarter, except 4.56 acres for a road and
except that part lying South and West of Highway 2, Section 8, Township 50 North,
Range 16 West;
new text end
new text begin
(2) the East Half of the Northeast Quarter of the Northwest Quarter, except the
railway right-of-way and except the highway right-of-way, Section 17, Township 51
North, Range 12 West;
new text end
new text begin
(3) the West Half of the Northwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West;
new text end
new text begin
(4) the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West;
new text end
new text begin
(5) the West five acres of the South 15 acres of the North 30 acres of the Northeast
Quarter of the Southeast Quarter, Section 27, Township 51 North, Range 14 West;
new text end
new text begin
(6) the East Half of the Southeast Quarter of the Southeast Quarter of the Northwest
Quarter, Section 27, Township 51 North, Range 14 West; and
new text end
new text begin
(7) the East Half of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter, except the West 25 feet, Section 27, Township 51 North, Range 14 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 34. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. The easements
shall be 150 feet in width, lying 75 feet on each side of the centerline of the stream to
provide riparian protection and angler access. For the parcel described in paragraph (c),
clause (4), a 33-foot strip across the easement shall be allowed for road access and utilities.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) the Northwest Quarter of the Southeast Quarter, except the North Half, Section
15, Township 50 North, Range 15 West;
new text end
new text begin
(2) the Southeast Quarter of the Northeast Quarter, Section 19, Township 53 North,
Range 20 West;
new text end
new text begin
(3) the westerly 330 feet of the South Half of the Northwest Quarter of the Southwest
Quarter, Section 11, Township 56 North, Range 20 West; and
new text end
new text begin
(4) the Southwest Quarter of the Southwest Quarter, except the South Half of the
Southwest Quarter of the Southwest Quarter and except the North ten acres, Section
34, Township 50 North, Range 15 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 35. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. For the parcel
described in paragraph (c), clause (1), the easement must be 100 feet in width from the
centerline of the designated trout stream to provide riparian protection and angler access.
For the parcel described in paragraph (c), clause (2), the easement must be 200 feet in
width from the centerline of the stream to provide riparian protection and angler access.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) Lots 511 through 515, Homecroft Park, town of Rice Lake, Section 34, Township
51 North, Range 14 West; and
new text end
new text begin
(2) that part of the Lot 2 lying East of a line parallel with and 150 feet East of the
centerline of the Duluth, Missabe and Iron Range Railway, Section 17, Township 51
North, Range 17 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 36. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
The conveyance must include a deed restriction that prohibits buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations within an area 100 feet in width,
lying 50 feet on each side of the centerline of streams that are tributaries to the Sand River.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as: the North
416 feet of the East 416 feet of the Southwest Quarter of the Southwest Quarter, Section
10, Township 59 North, Range 17 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 37. new text begin PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON
COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell to a political subdivision by private sale the surplus land
that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Washington County and is described as:
new text end
new text begin
(1) that part of the Northwest Quarter of the Northwest Quarter of Section 19,
Township 32, Range 21, lying South of the centerline of Highway 97; and
new text end
new text begin
(2) that part of the Southwest Quarter of Section 19, Township 32 North, Range 21
West, Washington County, Minnesota, described as follows: beginning at the southwest
corner of said Southwest Quarter; thence on an assumed bearing of South 89 degrees
50 minutes 33 seconds East along the south line of said Southwest Quarter 1555.59
feet; thence North 11 degrees 40 minutes 58 seconds East 720.70 feet; thence North 53
degrees 20 minutes 40 seconds West 436.77 feet; thence North 45 degrees 10 minutes 18
seconds West 222.72 feet to the southerly boundary of the recorded plat of BASSWOOD
ESTATES, on file and of record in the Office of the County Recorder; thence westerly
along the southerly boundary of said BASSWOOD ESTATES to the southwesterly corner
thereof; thence northerly along the westerly boundary of said BASSWOOD ESTATES to
the most northerly corner of Lot 2 of Block 3 of said BASSWOOD ESTATES; thence
westerly to a point on the west line of said Southwest Quarter 407.50 feet southerly of
the northwest corner of said Southwest Quarter; thence South 00 degrees 23 minutes 19
seconds East along the west line of said Southwest Quarter 2238.63 feet to the point
of beginning.
new text end
new text begin
These parcels contain 57.2 acres, more or less.
new text end
new text begin
(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a political
subdivision. A political subdivision would like to use these parcels as wetland mitigation
sites.
new text end
new text begin
(e) This sale is the result of the intent expressed by of the city of Columbus and
Anoka County to allow the commissioner of natural resources to replace the approximately
57 acres of land with land adjacent to the Carlos Avery Wildlife Management Area from
willing sellers as identified in the November 19, 2007, Department of Natural Resources'
land acquisition plan.
new text end
Sec. 38. new text begin PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON
COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Washington County and is described
as: the West 750 feet of the East 1,130.6 feet of the North 786.72 feet of the Northwest
Quarter of the Northeast Quarter of Section 15, Township 29 North, Range 20 West,
containing 13.5 acres, more or less.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes. The state's land management interests would best be served
if the land was sold to an adjacent landowner, as the property described in paragraph (c)
does not have legal access to a public road.
new text end
Sec. 39. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington County
may sell by private sale or convey for no consideration to the United States of America,
acting through the United States National Park Service, Department of the Interior, the
tax-forfeited land bordering public water that is described in paragraph (c), under the
remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Washington County and is described as:
new text end
new text begin
(1) Parcel A (PIN 29.031.19.22.0001): Section 29, Township 31, Range 19,
Government Lot 5;
new text end
new text begin
(2) Parcel B (PIN 20.031.19.22.0001): Section 20, Township 31, Range 19,
Government Lot 5;
new text end
new text begin
(3) Parcel C (PIN 17.031.19.32.0001): Section 17, Township 31, Range 19,
Government Lot 4;
new text end
new text begin
(4) Parcel D (PIN 18.032.19.11.0001): Section 18, Township 32, Range 19,
Government Lot 2; and
new text end
new text begin
(5) Parcel E (PIN 18.032.19.14.0001): Section 18, Township 32, Range 19,
Government Lot 3.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were sold or conveyed to the United States of America and
managed by the National Park Service.
new text end
Sec. 40. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Washington County and is described as: Parcel
A (PIN 09.032.21.43.0070): Lot 8, Block 3, excepting therefrom the East 200 feet thereof
of Skoglund's Park Addition, as surveyed and platted and now on file and of record in the
Office of the Registrar of Titles of said County of Washington, State of Minnesota.
new text end
new text begin
(d) The sale would be to an adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
The county may split the parcel described in paragraph (c), as allowed in Minnesota
Statutes, section 282.01, and sell the resulting parcels if the county finds a split to be
advantageous for the purpose of sale.
new text end
Sec. 41. new text begin CONVEYANCE OF DRAINAGE DISTRICT LAND; WINONA
COUNTY.
new text end
new text begin
The Rushford Area Drainage and Conservancy District, established by order of
the Tenth Judicial District Court on February 20, 1953, was terminated on January 1,
1988, by Laws 1987, chapter 239, section 140. The land that was owned by the Rushford
Area Drainage and Conservancy District in Winona County is now owned by the state
of Minnesota and is hereby transferred to the commissioner of natural resources for
administration and management for conservation purposes.
new text end
Sec. 42. new text begin DEPOSIT OF PROCEEDS.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 97A.055, subdivision 1, the proceeds
resulting from the 2010 sale of a transportation road easement on the Lamprey Pass
Wildlife Management Area to construct a road overpass on County Road 83 in Washington
County shall be deposited in the land acquisition account, established under Minnesota
Statutes, section 94.165.
new text end
Sec. 43. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 10 to 41 are effective the day following final enactment.
new text end