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SF 2973

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying contractual and grant agreement
provisions; excepting the electronic licensing system commission from certain
standing appropriations; modifying snowmobile state trail sticker requirements;
modifying invasive species provisions; modifying certain state trail descriptions;
designating a state trail; modifying authority to mark canoe and boating routes;
modifying certain forestry duties; modifying certain definitions; modifying water
use surcharge provisions; modifying water aeration safety provisions; amending
Minnesota Statutes 2004, sections 84.026; 84.0911, as amended; 84.8205,
subdivision 2; 84D.01, subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2;
85.015, subdivisions 2, 7, 8, 11, 12, by adding a subdivision; 85.32, subdivision
1; 89.01, subdivision 1; 97A.015, subdivision 18; 103G.611, by adding a
subdivision; Minnesota Statutes 2005 Supplement, sections 84.8205, subdivision
1; 85.015, subdivision 5; 88.17, subdivision 5; 103G.271, subdivision 6;
repealing Minnesota Statutes 2004, sections 85.015, subdivision 14; 103G.611,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 84.026, is amended to read:


84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL
RESOURCES SERVICES.

new text begin Subdivision 1. new text end

new text begin Contracts. new text end

The commissioner of natural resources is authorized
to enter into contractual deleted text beginor grantdeleted text end agreements with any public or private entity for the
provision of statutorily prescribed natural resources services by deleted text beginor fordeleted text end the department.
The contracts deleted text beginor grantsdeleted text end shall specify the services to be provided deleted text beginand, where services are
being provided for the department, the amount and method of payment after services
are rendered
deleted text end. Funds generated in a contractual agreement made pursuant to this section
shall be deposited in the special revenue fund and are appropriated to the department for
purposes of providing the services specified in the contracts. deleted text beginAll contractual and grant
agreements shall be processed in accordance with the provisions of section 16C.05.
deleted text end The
commissioner shall report revenues collected and expenditures made under this deleted text beginsectiondeleted text endnew text begin
subdivision
new text end to the chairs of the Committees on Ways and Means in the house and Finance
in the senate by January 1 of each odd-numbered year.

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin The commissioner is authorized to enter into grant agreements for
the provision of statutorily prescribed natural resources services with any public or private
entity. The grant agreements shall specify the services to be provided to the department
and the amount and method of payment after services are rendered.
new text end

new text begin Subd. 3. new text end

new text begin Procurement law. new text end

new text begin All contractual and grant agreements under this section
shall be processed according to section 16C.05.
new text end

Sec. 2.

Minnesota Statutes 2004, section 84.0911, as amended by Laws 2005, First
Special Session chapter 2, section 17, is amended to read:


84.0911 WILD RICE MANAGEMENT ACCOUNT.

Subdivision 1.

Account established.

The wild rice management account is
established as an account in the game and fish fund.

Subd. 2.

Receipts.

Money received from the sale of wild rice licenses issued by the
commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4),
and subdivision 3, paragraph (b), deleted text beginexcept for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15,
deleted text end shall be credited to
the wild rice management account.

Subd. 3.

Use of money in account.

new text beginExcept for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15,
new text end money in the wild rice management account is annually appropriated to the commissioner
and shall be used for management of designated public waters to improve natural wild
rice production.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is
amended to read:


Subdivision 1.

Sticker required; fee.

new text begin (a) Except as provided in paragraph (b), new text end a
person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural
resources shall issue a sticker upon application and payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of snowmobile
registration is $30. In addition to other penalties prescribed by law, a person in violation of
this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker is
valid from November 1 through April 30. Fees collected under this section, except for the
issuing fee for licensing agents deleted text beginunder this section and for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15
deleted text end, shall
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund andnew text begin, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15,
new text end must
be used for grants-in-aid, trail maintenance, grooming, and easement acquisition.

new text begin (b) A state trail sticker is not required under this section for:
new text end

new text begin (1) a snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
new text end

new text begin (2) a snowmobile that is owned and used by the United States, another state, or
a political subdivision thereof that is exempt from registration under section 84.82,
subdivision 6;
new text end

new text begin (3) a collector snowmobile that is operated as provided in a special permit issued for
the collector snowmobile under section 84.82, subdivision 7a; or
new text end

new text begin (4) a person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent.
new text end

Sec. 4.

Minnesota Statutes 2004, section 84.8205, subdivision 2, is amended to read:


Subd. 2.

Placement of sticker.

The state trail sticker shall be permanently affixed
to new text begin either:
new text end

new text begin (1) new text endthe forward half of the snowmobile directly above or below the headlight of
the snowmobilenew text begin;
new text end

new text begin (2) above the expiration year on the top portion of the snowmobile registration
validation decal; or
new text end

new text begin (3) the lower right corner of a registration plate issued to a dealer or manufacturer
under section 84.82, subdivision 3
new text end.

Sec. 5.

Minnesota Statutes 2004, section 84D.01, subdivision 9a, is amended to read:


Subd. 9a.

Invasive species.

"Invasive species" means a nonnative species that
deleted text begin can naturalize anddeleted text end:

(1) causes or may cause economic or environmental harm or harm to human health;
or

(2) threatens or may threaten natural resources or the use of natural resources in
the state.

Sec. 6.

Minnesota Statutes 2004, section 84D.01, subdivision 13, is amended to read:


Subd. 13.

Prohibited invasive species.

"Prohibited invasive species" means deleted text beginan
invasive
deleted text endnew text begin a nonnativenew text end species that has been designated as a prohibited invasive species in a
rule adopted by the commissioner under section 84D.12.

Sec. 7.

Minnesota Statutes 2004, section 84D.01, subdivision 15, is amended to read:


Subd. 15.

Regulated invasive species.

"Regulated invasive species" means deleted text beginan
invasive
deleted text endnew text begin a nonnativenew text end species that has been designated as a regulated invasive species in a
rule adopted by the commissioner under section 84D.12.

Sec. 8.

Minnesota Statutes 2004, section 84D.01, subdivision 16, is amended to read:


Subd. 16.

Transport.

"Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not include the deleted text beginunintentionaldeleted text end transport
ofnew text begin infested water ornew text end a species within a water of the state or to a connected water of the
state where the species being transported is already present.

Sec. 9.

Minnesota Statutes 2004, section 84D.02, subdivision 2, is amended to read:


Subd. 2.

Purple loosestrifenew text begin, curly-leaf pondweed, new text end and Eurasian water milfoil
programs.

(a) The program required in subdivision 1 must include specific programs to
curb the spread and manage the growth of purple loosestrifenew text begin, curly-leaf pondweed, new text end and
Eurasian water milfoil. These programs must include:

(1) compiling inventories and monitoring the growth of purple loosestrife and
Eurasian water milfoil in the state, for which the commissioner may use volunteers;

(2) publication and distribution of informational materials to boaters and lakeshore
owners;

(3) cooperative research with the University of Minnesota and other public and
private research facilities to study the use of nonchemical control methods, including
biological control methods; and

(4) managing the growth of Eurasian water milfoilnew text begin, curly-leaf pondweed, new text end and purple
loosestrife in coordination with appropriate local units of government, special purpose
districts, and lakeshore associations, to include providing requested technical assistance.

(b) The commissioners of agriculture and transportation shall cooperate with the
commissioner to establish, implement, and enforce the purple loosestrife program.

Sec. 10.

Minnesota Statutes 2004, section 85.015, subdivision 2, is amended to read:


Subd. 2.

Casey Jones Trail, Murray, Redwood, and Pipestone Counties.

(a) The
trail shall originate in Lake Shetek State Park in Murray County and include the six-mile
loop between Currie in Murray County and Lake Shetek State Park. From there, the first
half of the trail shall trail southwesterly to Slayton in Murray County; thence westerly to
the point of intersection with the most easterly terminus of the state-owned abandoned
railroad right-of-way, commonly known as the Casey Jones unit; thence westerly along
said Casey Jones unit to Pipestone in Pipestone County; thence southwesterly to Split
Rock Creek State Park in Pipestone County, and there terminate. The second half of the
trail shall commence in Lake Shetek State Park in Murray County and trail northeasterly to
Walnut Grove in Redwood Countydeleted text begin and there terminatedeleted text endnew text begin; thence northeasterly to Redwood
Falls in Redwood County to join with the Minnesota River State Trail
new text end.

(b) The trail shall be developed as a multiuse, multiseasonal, dual treadway trail.
Nothing herein shall abrogate the purpose for which the Casey Jones unit was originally
established, and the use thereof shall be concurrent.

Sec. 11.

Minnesota Statutes 2005 Supplement, section 85.015, subdivision 5, is
amended to read:


Subd. 5.

Glacial Lakes Trail, Kandiyohi, Pope, new text beginStearns, new text endand Douglas Counties.

(a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake
in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence
northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake
Carlos State Park in Douglas County, and there terminate.

(b) deleted text beginTrails may be established that extend the Glacial Lakes Trail system from New
London to Cold Spring.
deleted text endnew text begin A segment shall be established beginning in the city of Willmar,
Kandiyohi County, and extending northeasterly into Stearns County.
new text end

(c) The trail shall be developed primarily for riding and hiking.

Sec. 12.

Minnesota Statutes 2004, section 85.015, subdivision 7, is amended to read:


Subd. 7.

Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston
Counties.

(a) The Root River Trail shall originate at Chatfield in Fillmore County, and
thence extend easterly in the Root River Valley to the intersection of the river with
Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.

(b) Additional trails may be established that extend the Blufflands Trail system to
include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston,
Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore
County; new text beginRochester, new text endDover, Eyota, Stewartville, Byron, and Chester Woods County Park in
Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica,
St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05,
subdivision 4
, these trails must utilize abandoned railroad rights-of-way where possible.

(c) The trails shall be developed primarily for nonmotorized riding and hiking.

Sec. 13.

Minnesota Statutes 2004, section 85.015, subdivision 8, is amended to read:


Subd. 8.

Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice Counties.

(a) The trail shall originate deleted text beginat mile post 4.1 of the Chicago and Northwestern Railway
Company right-of-way in the junction of Benning
deleted text endnew text begin in Mankatonew text end, Blue Earth County, and
shall extend in a northeasterly directionnew text begin on ornew text end along the railroad right-of-way deleted text beginto mile post
46.01 of the Chicago and Northwestern Railway at a point commonly known as Faribault
Junction in
deleted text endnew text begin intonew text end Rice Countydeleted text begin, a distance of approximately 42 miles, and there terminatedeleted text end.

(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles,
except snowmobiles, are prohibited from the trail.

Sec. 14.

Minnesota Statutes 2004, section 85.015, subdivision 11, is amended to read:


Subd. 11.

Willard Munger Trail, Ramsey,deleted text begin Anoka,deleted text end Washington, Chisago, Pine,
new text begin St. Louis, new text endand Carlton Counties.

(a) The trail shall deleted text beginoriginate in the vicinity of Arden
Hills, Ramsey County, and thence extend northeasterly, traversing Anoka and Washington
Counties to the vicinity of Taylors Falls in Chisago County; thence northwesterly and
northerly to St. Croix State Park in Pine County; thence northerly to Jay Cooke State Park
in Carlton County, and there terminate.
deleted text endnew text begin consist of four segments. One segment shall be
known as the "gateway segment" and shall originate at the State Capitol, then extend
northerly and northeasterly to William O'Brien State Park, and then extend northerly to
Taylors Falls in Chisago County. One segment shall originate in Chisago County and
extend into Duluth in St. Louis County. One segment shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis County.
One segment shall originate in Carlton County at Carlton and extend through Wrenshall to
the Minnesota-Wisconsin border.
new text end

(b) The new text begingateway segment shall be developed primarily for hiking and nonmotorized
riding, and the remaining segments of the
new text end trail shall be developed primarily for riding
and hiking.

(c) Additional deleted text begintrailsdeleted text endnew text begin segmentsnew text end shall be established that extend the Willard Munger
Trail to include Proctornew text begin, Duluth,new text end and Hermantown in St. Louis County.

Sec. 15.

Minnesota Statutes 2004, section 85.015, subdivision 12, is amended to read:


Subd. 12.

Heartland Trail, new text beginClay, Becker, new text endHubbardnew text begin,new text end and Cass Counties.

(a)
The trail shall originate at new text beginMoorhead in Clay County and extend in an easterly direction
through Detroit Lakes in Becker County to
new text endmile post 90.92 at Park Rapids in Hubbard
County deleted text beginand shall extenddeleted text endnew text begin; thencenew text end in an easterly direction along the Burlington Northern
Railroad right-of-way through Walker in Cass Countydeleted text begin. The trail shall then continuedeleted text endnew text begin;
thence
new text end in a northerly direction along the Burlington Northern Railroad right-of-way to
Cass Lake in Cass County, and there terminate.

(b) The trail shall be developed primarily for riding and hiking.

deleted text begin (c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Heartland Trail 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.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 85.015, is amended by adding a subdivision
to read:


new text begin Subd. 25. new text end

new text begin Great River Ridge Trail, Wabasha and Olmsted Counties. new text end

new text begin The trail
shall originate in the city of Plainview in Wabasha County and extend southwesterly
through the city of Elgin in Wabasha County and the town of Viola in Olmsted County to
the Chester Woods Trail in Olmsted County.
new text end

Sec. 17.

Minnesota Statutes 2004, 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 canoe and boating routes 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, new text beginSauk,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 canoe and watercraft travelers.

Sec. 18.

Minnesota Statutes 2005 Supplement, section 88.17, subdivision 5, is
amended to read:


Subd. 5.

Permit fees.

(a) The annual fees for an electronic burning permit are:

(1) $5 for a noncommercial burning permit; and

(2) for commercial enterprises that obtain multiple permits, $5 per permit for each
burning site, up to a maximum of $50 per individual business enterprise per year.

(b) Except for the issuing fee under paragraph (c), deleted text beginand for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15
,
deleted text end money received from permits issued under this section shall be deposited in the state
treasury and credited to the burning permit account andnew text begin, except for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15,
new text end is annually appropriated to the commissioner of natural resources for the costs of
operating the burning permit system.

(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the
permit agent as a commission for issuing electronic permits.

(d) Fire wardens who issue written permits may charge a fee of up to $1 for each
permit issued, to be retained by the fire warden as a commission for issuing the permit.
This paragraph does not limit a local government unit from charging an administrative fee
for issuing open burning permits within its jurisdiction.

Sec. 19.

Minnesota Statutes 2004, section 89.01, subdivision 1, is amended to read:


Subdivision 1.

Best methods.

The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste deleted text beginand prairiedeleted text end lands,
preventing destruction of forests and lands by fire, administering forests on forestry
principles, encouraging private owners to preserve and grow timber for commercial
purposes, and conserving the forests around the head waters of streams and on the
watersheds of the state.

Sec. 20.

Minnesota Statutes 2004, section 97A.015, subdivision 18, is amended to read:


Subd. 18.

Enforcement officer.

"Enforcement officer" means the commissioner, the
director of the Enforcement Division, new text beginor new text enda conservation officerdeleted text begin, or a game refuge managerdeleted text end.

Sec. 21.

Minnesota Statutes 2005 Supplement, section 103G.271, subdivision 6,
is amended to read:


Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:

(1) $101 for amounts not exceeding 50,000,000 gallons per year;

(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but
less than 150,000,000 gallons per year;

(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;

(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but
less than 250,000,000 gallons per year;

(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;

(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but
less than 350,000,000 gallons per year;

(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;

(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but
less than 450,000,000 gallons per year;

(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons
per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and

(2) for all other users, $300 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $50,000 per year for an entity holding three or fewer permits;

(ii) $75,000 per year for an entity holding four or five permits;

(iii) $250,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

(g) A surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used innew text begin each of the months ofnew text end June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation.new text begin The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
new text end

Sec. 22.

Minnesota Statutes 2004, section 103G.611, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Public waters without access. new text end

new text begin A person who receives a permit to operate
an aeration system on a public water without a public access and who owns all of the
riparian land or all of the possessory rights to the riparian land around that water is not
subject to the provisions of subdivisions 2, paragraph (b), and 3.
new text end

Sec. 23. new text beginAGREEMENT; WABASHA COUNTY REGIONAL RAIL
AUTHORITY.
new text end

new text begin The commissioner of natural resources shall enter an agreement with the Wabasha
County Regional Rail Authority to maintain and develop the Great River Ridge Trail
as a state trail.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 85.015, subdivision 14, and 103G.611,
subdivision 6,
new text end new text begin are repealed.
new text end

Sec. 25. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 16 and 23 are effective the day after the governing body of the Wabasha
County Regional Rail Authority and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
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