SF 3071

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; allowing expenditure of 
  1.3             appropriated money for certain seminars and 
  1.4             conferences; clarifying certain prohibitions related 
  1.5             to the operation of snowmobiles, all-terrain vehicles, 
  1.6             and motorboats; modifying composition of the outdoor 
  1.7             recreation system; modifying disposition of certain 
  1.8             receipts; designating a migratory waterfowl refuge; 
  1.9             modifying certain rulemaking authority; eliminating 
  1.10            trawling fees; providing for acquisition of critical 
  1.11            aquatic habitat; modifying commissioner's authority to 
  1.12            remove rough fish; modifying minnow retailer and 
  1.13            turtle license provisions; clarifying forfeiture 
  1.14            procedure; modifying mineral land provisions; 
  1.15            increasing project amount for security in place of 
  1.16            bonds; granting legislative approval for certain water 
  1.17            usage; providing for replacement firearms deer 
  1.18            licenses; making the experimental two-deer license in 
  1.19            certain counties permanent; modifying moose and turkey 
  1.20            separate selection processes; temporarily limiting the 
  1.21            ability of the commissioner to reduce yellow perch 
  1.22            limits; modifying certain fee setting authority of the 
  1.23            commissioner of natural resources; appropriating 
  1.24            money; amending Minnesota Statutes 1998, sections 
  1.25            9.071; 84.925, subdivision 1; 86A.04; 93.05; 93.055; 
  1.26            93.14; 93.15; 93.16; 93.17; 93.193, subdivision 1; 
  1.27            93.21; 93.22; 93.25, subdivisions 1 and 2; 93.26; 
  1.28            93.27; 93.28; 93.285, subdivisions 2 and 3; 93.335, 
  1.29            subdivision 1; 93.43; 97A.095, by adding a 
  1.30            subdivision; 97A.405, by adding a subdivision; 
  1.31            97A.431, subdivision 4; 97A.435, subdivision 4; 
  1.32            97A.475, subdivision 30, and by adding a subdivision; 
  1.33            97B.015, subdivisions 2 and 4; 97B.301, subdivision 4; 
  1.34            97C.041; 97C.401, by adding a subdivision; 97C.501, 
  1.35            subdivisions 1 and 2; and 97C.605, subdivisions 1 and 
  1.36            2; Minnesota Statutes 1999 Supplement, sections 84.86, 
  1.37            subdivision 1; 84.91, subdivision 1; 97A.065, 
  1.38            subdivision 2; 97B.025; 169.1217, subdivision 7a; 
  1.39            290.431; 290.432; and 574.264, subdivision 1; 
  1.40            proposing coding for new law in Minnesota Statutes, 
  1.41            chapters 84; 93; and 97C; repealing Minnesota Statutes 
  1.42            1998, sections 93.07; 93.08; 93.09; 93.10; 93.11; 
  1.43            93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 93.202; 
  1.44            93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 
  1.45            93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 
  1.46            93.34, subdivisions 1 and 3; 93.351; 93.352; 93.353; 
  2.1             93.354; 93.355; 93.356; 93.357; 93.37; 93.38; 93.39; 
  2.2             93.42; and 97B.312. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4      Section 1.  Minnesota Statutes 1998, section 9.071, is 
  2.5   amended to read: 
  2.6      9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 
  2.7      The council has the powers with respect to the: 
  2.8      (1) timberlands provided in sections 90.031, 90.041, and 
  2.9   90.151; 
  2.10     (2) lands acquired from the United States provided in 
  2.11  section 94.50; 
  2.12     (3) lands subject to delinquent drainage assessments 
  2.13  provided in section 84A.20; 
  2.14     (4) transfer of lands between departments of state 
  2.15  government provided in section 15.16; 
  2.16     (5) sale or exchange of lands within national forests 
  2.17  provided in sections 92.30 and 92.31; 
  2.18     (6) approval of acquisition of land for camping or parking 
  2.19  area provided in sections 97A.135 and 97A.141; 
  2.20     (7) modification of iron leases provided in section 93.191; 
  2.21     (8) awarding permits leases to prospect for iron ore 
  2.22  provided in section 93.17; 
  2.23     (9) (8) approval of rules for issuance of permits leases to 
  2.24  prospect for minerals under state lands provided in 
  2.25  section 93.08 93.25; and 
  2.26     (10) (9) construction of dams provided in section 103G.545. 
  2.27     Sec. 2.  [84.0846] [NATURAL RESOURCE SEMINARS AND 
  2.28  CONFERENCES.] 
  2.29     The commissioner of natural resources may advance funds 
  2.30  appropriated for natural resource programs to government 
  2.31  agencies, the National Fish and Wildlife Foundation, federally 
  2.32  recognized Indian tribes and bands, colleges and universities, 
  2.33  and nonprofit organizations deemed by the commissioner to be 
  2.34  dedicated to the goals and objectives of the department for the 
  2.35  purpose of sponsoring or cosponsoring conferences and seminars 
  2.36  related to natural resources issues and management.  The 
  3.1   commissioner shall execute grants or contracts with the 
  3.2   responsible parties under section 16C.05 prior to advancing any 
  3.3   state funds and the agreements must provide for a full 
  3.4   accounting of how the state's funds will be spent. 
  3.5      Sec. 3.  Minnesota Statutes 1999 Supplement, section 84.86, 
  3.6   subdivision 1, is amended to read: 
  3.7      Subdivision 1.  With a view of achieving maximum use of 
  3.8   snowmobiles consistent with protection of the environment the 
  3.9   commissioner of natural resources shall adopt rules in the 
  3.10  manner provided by chapter 14, for the following purposes: 
  3.11     (1) Registration of snowmobiles and display of registration 
  3.12  numbers. 
  3.13     (2) Use of snowmobiles insofar as game and fish resources 
  3.14  are affected. 
  3.15     (3) Use of snowmobiles on public lands and waters, or on 
  3.16  grant-in-aid trails. 
  3.17     (4) Uniform signs to be used by the state, counties, and 
  3.18  cities, which are necessary or desirable to control, direct, or 
  3.19  regulate the operation and use of snowmobiles. 
  3.20     (5) Specifications relating to snowmobile mufflers. 
  3.21     (6) A comprehensive snowmobile information and safety 
  3.22  education and training program, including but not limited to the 
  3.23  preparation and dissemination of snowmobile information and 
  3.24  safety advice to the public, the training of snowmobile 
  3.25  operators, and the issuance of snowmobile safety certificates to 
  3.26  snowmobile operators who successfully complete the snowmobile 
  3.27  safety education and training course.  For the purpose of 
  3.28  administering such program and to defray expenses of training 
  3.29  and certifying snowmobile operators, the commissioner shall 
  3.30  collect a fee from each person who receives the youth and young 
  3.31  adult training or the adult training.  The commissioner shall 
  3.32  establish a fee that neither significantly over-recovers nor 
  3.33  under-recovers costs, including overhead costs, involved in 
  3.34  providing the services.  The fee is not subject to the 
  3.35  rulemaking provisions of chapter 14 and section 14.386 does not 
  3.36  apply.  The commissioner shall deposit the fee fees must be 
  4.1   deposited in the snowmobile trails and enforcement account and 
  4.2   the amount thereof is appropriated annually to the commissioner 
  4.3   enforcement division of the department of natural resources for 
  4.4   the administration of such programs.  In addition to the fee 
  4.5   established by the commissioner, instructors may charge each 
  4.6   person up to the established fee amount for class materials and 
  4.7   expenses.  The commissioner shall cooperate with private 
  4.8   organizations and associations, private and public corporations, 
  4.9   and local governmental units in furtherance of the program 
  4.10  established under this clause.  School districts may cooperate 
  4.11  with the commissioner and volunteer instructors to provide space 
  4.12  for the classroom portion of the training.  The commissioner 
  4.13  shall consult with the commissioner of public safety in regard 
  4.14  to training program subject matter and performance testing that 
  4.15  leads to the certification of snowmobile operators. 
  4.16     (7) The operator of any snowmobile involved in an accident 
  4.17  resulting in injury requiring medical attention or 
  4.18  hospitalization to or death of any person or total damage to an 
  4.19  extent of $500 or more, shall forward a written report of the 
  4.20  accident to the commissioner on such form as the commissioner 
  4.21  shall prescribe.  If the operator is killed or is unable to file 
  4.22  a report due to incapacitation, any peace officer investigating 
  4.23  the accident shall file the accident report within ten business 
  4.24  days. 
  4.25     Sec. 4.  Minnesota Statutes 1999 Supplement, section 84.91, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
  4.28  person having charge or control of any snowmobile or all-terrain 
  4.29  vehicle shall authorize or permit any individual the person 
  4.30  knows or has reason to believe is under the influence of alcohol 
  4.31  or a controlled substance or other substance to operate the 
  4.32  snowmobile or all-terrain vehicle anywhere in this state or on 
  4.33  the ice of any boundary water of this state. 
  4.34     (b) No owner or other person having charge or control of 
  4.35  any snowmobile or all-terrain vehicle shall knowingly authorize 
  4.36  or permit any person, who by reason of any physical or mental 
  5.1   disability is incapable of operating the vehicle, to operate the 
  5.2   snowmobile or all-terrain vehicle anywhere in this state or on 
  5.3   the ice of any boundary water of this state. 
  5.4      (c) A person who operates or is in physical control of a 
  5.5   snowmobile or all-terrain vehicle anywhere in this state or on 
  5.6   the ice of any boundary water of this state is subject to 
  5.7   sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
  5.8   addition to the applicable sanctions under chapter 169, a person 
  5.9   who is convicted of violating section 169.121 or an ordinance in 
  5.10  conformity with it while operating a snowmobile or all-terrain 
  5.11  vehicle, or who refuses to comply with a lawful request to 
  5.12  submit to testing under section 169.123 or an ordinance in 
  5.13  conformity with it, shall be prohibited from operating the 
  5.14  snowmobile or all-terrain vehicle for a period of one year.  The 
  5.15  commissioner shall notify the convicted person of the time 
  5.16  period during which the person is prohibited from operating a 
  5.17  snowmobile or all-terrain vehicle. 
  5.18     (d) Administrative and judicial review of the operating 
  5.19  privileges prohibition is governed by section 97B.066, 
  5.20  subdivisions 7 to 9, if the person does not have a prior 
  5.21  impaired driving conviction or prior license revocation, as 
  5.22  defined in section 169.121, subdivision 3.  Otherwise, 
  5.23  administrative and judicial review of the prohibition is 
  5.24  governed by section 169.123.  
  5.25     (e) The court shall promptly forward to the commissioner 
  5.26  and the department of public safety copies of all convictions 
  5.27  and criminal and civil sanctions imposed under this section and 
  5.28  chapter 169 relating to snowmobiles and all-terrain vehicles.  
  5.29     (f) A person who violates paragraph (a) or (b), or an 
  5.30  ordinance in conformity with either of them, is guilty of a 
  5.31  misdemeanor.  A person who operates a snowmobile or all-terrain 
  5.32  vehicle during the time period the person is prohibited from 
  5.33  operating a vehicle under paragraph (c) is guilty of a 
  5.34  misdemeanor. 
  5.35     Sec. 5.  Minnesota Statutes 1998, section 84.925, 
  5.36  subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
  6.2   shall establish a comprehensive all-terrain vehicle 
  6.3   environmental and safety education and training program, 
  6.4   including the preparation and dissemination of vehicle 
  6.5   information and safety advice to the public, the training of 
  6.6   all-terrain vehicle operators, and the issuance of all-terrain 
  6.7   vehicle safety certificates to vehicle operators over the age of 
  6.8   12 years who successfully complete the all-terrain vehicle 
  6.9   environmental and safety education and training course.  
  6.10     (b) For the purpose of administering the program and to 
  6.11  defray a portion of the expenses of training and certifying 
  6.12  vehicle operators, the commissioner shall collect a fee of not 
  6.13  to exceed $5 from each person who receives the training and 
  6.14  shall deposit the fee in the all-terrain vehicle account.  The 
  6.15  commissioner shall establish a fee that neither significantly 
  6.16  over recovers nor under recovers costs, including overhead 
  6.17  costs, involved in providing the services.  The fee is not 
  6.18  subject to the rulemaking provisions of chapter 14 and section 
  6.19  14.386 does not apply.  The fees shall be deposited in the 
  6.20  all-terrain vehicle account and the amount thereof is 
  6.21  appropriated annually to the enforcement division of the 
  6.22  department of natural resources for the administration of the 
  6.23  program.  In addition to the fee established by the 
  6.24  commissioner, instructors may charge each person up to the 
  6.25  established fee amount for class materials and expenses. 
  6.26     (c) The commissioner shall cooperate with private 
  6.27  organizations and associations, private and public corporations, 
  6.28  and local governmental units in furtherance of the program 
  6.29  established under this section.  School districts may cooperate 
  6.30  with the commissioner and volunteer instructors to provide space 
  6.31  for the classroom portion of the training.  The commissioner 
  6.32  shall consult with the commissioner of public safety in regard 
  6.33  to training program subject matter and performance testing that 
  6.34  leads to the certification of vehicle operators. 
  6.35     Sec. 6.  Minnesota Statutes 1998, section 86A.04, is 
  6.36  amended to read: 
  7.1      86A.04 [COMPOSITION OF SYSTEM.] 
  7.2      The outdoor recreation system shall consist of all state 
  7.3   parks; state recreation areas; state trails established pursuant 
  7.4   to sections 84.029, subdivision 2, and 85.015; state scientific 
  7.5   and natural areas; state wilderness areas; state forests; state 
  7.6   wildlife management areas; state water access sites, which 
  7.7   include all lands and facilities established by the commissioner 
  7.8   of natural resources or the commissioner of transportation to 
  7.9   provide public access to water; state wild, scenic, and 
  7.10  recreational rivers; state historic sites; and state rest areas, 
  7.11  which include all facilities established by the commissioner of 
  7.12  transportation for the safety, rest, comfort and use of the 
  7.13  highway traveler, and shall include all existing facilities 
  7.14  designated as rest areas and waysides by the commissioner of 
  7.15  transportation; and any other units not listed in this section 
  7.16  that are classified under section 86A.05.  Each individual state 
  7.17  park, state recreation area, and so forth is called a "unit." 
  7.18     Sec. 7.  Minnesota Statutes 1998, section 93.05, is amended 
  7.19  to read: 
  7.20     93.05 [HOLDER OF PERMIT OR LEASE.] 
  7.21     Subdivision 1.  [RIGHT OF ENTRY.] In all cases where state 
  7.22  lands have been heretofore or may hereafter be sold pursuant to 
  7.23  the provisions of law upon which minerals have been reserved, 
  7.24  the holder of any mineral permit or lease subsequently issued 
  7.25  thereon may nevertheless enter upon the same lands and prospect 
  7.26  thereon thereunder on the lands under the lease.  
  7.27     Subd. 2.  [SECURITY FOR DAMAGES; CONDEMNATION.] Before 
  7.28  entering upon the same lands described in subdivision 1, the 
  7.29  permit or lease holder shall pay or secure to the owner of the 
  7.30  lands all damages which may arise therefrom and the same may be 
  7.31  determined either by mutual agreement or, if the interested 
  7.32  parties cannot agree, then the holder of the mineral permit or 
  7.33  lease may, in the name of the state of Minnesota, institute 
  7.34  proceedings to condemn the same in accordance with the general 
  7.35  provisions of according to chapter 117; provided, that the state 
  7.36  shall bear no part of the cost of these proceedings, nor pay any 
  8.1   part of the damages awarded therein in the proceedings.  
  8.2      Subd. 3.  [ATTORNEY GENERAL TO INSTITUTE CONDEMNATION.] (a) 
  8.3   Upon written request of the holder of any mineral prospecting 
  8.4   permit or mineral lease from the state, not in default, with the 
  8.5   approval of the commissioner of natural resources, the attorney 
  8.6   general shall institute, in the name of the state, proceedings 
  8.7   to acquire by condemnation any lands, rights-of-way, drainage or 
  8.8   flowage rights, easements or other interests necessary in 
  8.9   connection with prospecting for or mining the ore covered by 
  8.10  such permit or the lease.  All costs and expenses of such the 
  8.11  proceedings and all damages awarded therein shall be paid by the 
  8.12  holder of the permit or lease.  
  8.13     (b) In any eminent domain proceedings hereunder under this 
  8.14  section, any value which the land taken may have by reason of 
  8.15  its location or availability for the depositing of stripping, 
  8.16  tailings or other wastes from general mining operations in its 
  8.17  vicinity, or for the erection of buildings or structures thereon 
  8.18  in connection with such operations, shall be considered in 
  8.19  determining the damages to be awarded the owner thereof of the 
  8.20  land.  
  8.21     Sec. 8.  Minnesota Statutes 1998, section 93.055, is 
  8.22  amended to read: 
  8.23     93.055 [ACTION TO QUIET TITLE TO LANDS COVERED BY MINERAL 
  8.24  PERMIT OR LEASE.] 
  8.25     Upon written request of the holder of any mineral 
  8.26  prospecting permit or mineral lease from the state, not in 
  8.27  default, with the approval of the commissioner of natural 
  8.28  resources, the attorney general may institute proceedings to 
  8.29  quiet the title and determine adverse claims or to register the 
  8.30  title of the state to the lands or interests covered by the 
  8.31  permit or lease.  All costs and expenses of such the proceedings 
  8.32  including compensation of attorneys for the state shall be paid 
  8.33  by the holder of the permit or lease.  Upon receipt of such 
  8.34  request from the holder of a prospecting permit, if approved by 
  8.35  the commissioner of natural resources, and if such action is 
  8.36  authorized by the attorney general, the running of the time 
  9.1   within which the permit holder must begin prospecting thereunder 
  9.2   and the time within which the permit holder must apply for a 
  9.3   lease or do any other act required by the permit shall be 
  9.4   suspended until the entry of final judgment in the action, and 
  9.5   the term of the permit and the time required for any action by 
  9.6   the holder thereunder shall be extended by a period equivalent 
  9.7   to the time from the receipt of the request to the entry of the 
  9.8   judgment.  
  9.9      Sec. 9.  Minnesota Statutes 1998, section 93.14, is amended 
  9.10  to read: 
  9.11     93.14 [ISSUANCE OF PERMITS LEASES TO PROSPECT FOR ORES; 
  9.12  LEASES.] 
  9.13     The commissioner may execute permits leases to prospect for 
  9.14  iron ore and other ores upon lands belonging to the state or in 
  9.15  which the state has an interest and leases for the mining of 
  9.16  such the ores, subject to the conditions provided in sections 
  9.17  93.15 to 93.28.  
  9.18     Sec. 10.  Minnesota Statutes 1998, section 93.15, is 
  9.19  amended to read: 
  9.20     93.15 [MINING UNITS; DESIGNATION; AREA.] 
  9.21     Subdivision 1.  [DESIGNATION OF MINING UNITS.] (a) The 
  9.22  commissioner of natural resources may designate any lands 
  9.23  belonging to the state and the beds of any waters belonging to 
  9.24  the state or any lands in which the state has an interest as 
  9.25  mining units and may rearrange or modify such the mining units 
  9.26  from time to time, subject to the limitations herein prescribed 
  9.27  of this section. 
  9.28     (b) No mining unit shall contain lands belonging to more 
  9.29  than one permanent trust fund, except mining units leased under 
  9.30  section 93.25.  
  9.31     (c) Lands which have been sold by the state and are in use 
  9.32  as part of the site of a plant for the production of taconite 
  9.33  concentrates shall not be designated as mining units.  Each 
  9.34  mining unit shall consist of a contiguous tract not exceeding 80 
  9.35  acres in area except as follows: 
  9.36     (1) An area not exceeding 90 acres consisting of or 
 10.1   including one or more government lots or fractional or oversized 
 10.2   subdivisions according to the government survey may be included 
 10.3   in one mining unit.  
 10.4      (2) An area of any size which has been covered by a state 
 10.5   mining lease or contract heretofore issued and heretofore or 
 10.6   hereafter terminated may be included in one mining unit.  
 10.7      (3) An area of any size within the bed of any public waters 
 10.8   belonging to the state may be included in one mining unit.  
 10.9      Subd. 2.  [LIST OF MINING UNITS.] The commissioner shall 
 10.10  prepare and keep on file in the office of the division of lands 
 10.11  and minerals of the department of natural resources and at such 
 10.12  other places as the commissioner may direct a list of the mining 
 10.13  units designated hereunder under this section, giving the 
 10.14  descriptions thereof of the mining units and such other 
 10.15  information as the commissioner deems necessary.  In case the 
 10.16  commissioner shall prescribe special conditions to be included 
 10.17  in a prospecting permit or lease for any mining unit as 
 10.18  authorized by law, a statement of such the conditions shall be 
 10.19  included with the designation of such the unit in the list.  
 10.20     Subd. 3.  [ONE MINING UNIT PER LEASE.] Except as otherwise 
 10.21  expressly provided by law, each prospecting permit or mining 
 10.22  lease shall cover only one entire mining unit designated as 
 10.23  herein provided, and the designation of a mining unit in force 
 10.24  at the time an application for a prospecting permit therefor is 
 10.25  received by the commissioner according to law shall govern and 
 10.26  shall remain unchanged for the purposes of such permit or any 
 10.27  lease issued pursuant thereto under this section.  
 10.28     Sec. 11.  Minnesota Statutes 1998, section 93.16, is 
 10.29  amended to read: 
 10.30     93.16 [PERMITS LEASES; SALE, NOTICE.] 
 10.31     (a) Except as otherwise expressly provided by law, 
 10.32  prospecting permits leases for iron ore or other minerals 
 10.33  belonging to the state shall be issued only upon public sale as 
 10.34  herein provided under this section.  
 10.35     (b) The sale of permits may leases shall be held at such 
 10.36  times and places as designated by the commissioner.  
 11.1      (c) The commissioner shall give public notice of intent to 
 11.2   hold a public sale by publication in the State Register, the EQB 
 11.3   Monitor, and such other publications as the commissioner may 
 11.4   direct at least 90 days prior to the proposed date of sale.  
 11.5      (d) The commissioner shall give public notice of each sale 
 11.6   by publication for three successive weeks in a daily 
 11.7   newspaper that has its known office of issue in the county seat 
 11.8   of the county in which the mining units to be leased are located 
 11.9   and in a daily newspaper printed and published in each of the 
 11.10  cities of St. Paul, Minneapolis, Duluth, Hibbing, and Virginia.  
 11.11  If no newspaper has its known office of issue in the county seat 
 11.12  of a particular county, the commissioner shall publish notice in 
 11.13  the newspaper designated as the publisher of the official 
 11.14  proceedings of the county board of that county.  The last first 
 11.15  publication shall be not less than seven days nor more than at 
 11.16  least 30 days before the date of sale.  Like notice The public 
 11.17  notice of sale shall also be published in the State Register and 
 11.18  the EQB Monitor at least 30 days before the date of sale and may 
 11.19  be published in not to exceed two additional newspapers and two 
 11.20  trade magazines, as the commissioner may direct.  
 11.21     (e) Each notice shall contain the following information: 
 11.22     (1) time and place of holding the sale; 
 11.23     (2) The general requirements of law affecting bidders and 
 11.24  purchasers of permits; 
 11.25     (3) the place or places where the list of mining units, to 
 11.26  be offered for sale will be available for inspection and where 
 11.27  forms for bids and applications for prospecting permits leases 
 11.28  may be obtained; and 
 11.29     (4) (3) such other information as the commissioner may 
 11.30  direct.  
 11.31     Sec. 12.  Minnesota Statutes 1998, section 93.17, is 
 11.32  amended to read: 
 11.33     93.17 [APPLICATION FOR PERMITS LEASES; BIDS; AWARDS.] 
 11.34     Subdivision 1.  [LEASE APPLICATION.] (a) Applications for 
 11.35  permits leases to prospect for iron ore shall be presented to 
 11.36  the commissioner in writing in such form as the commissioner may 
 12.1   prescribe at any time before 4:30 p.m., St. Paul, Minnesota 
 12.2   time, on the last business day before the day specified for the 
 12.3   opening of bids, and no bids submitted after that time shall be 
 12.4   considered.  The application shall be accompanied by a certified 
 12.5   check, cashier's check, or bank money order payable to the state 
 12.6   treasurer department of natural resources in the sum of $50 $100 
 12.7   for each mining unit as set out above.  
 12.8      (b) Each application shall be accompanied also by a sealed 
 12.9   bid setting forth the amount of royalty per gross ton of crude 
 12.10  ore based upon the iron content of the ore when dried at 212 
 12.11  degrees Fahrenheit, in its natural condition or when 
 12.12  concentrated, as set out in detail hereafter section 93.20, 
 12.13  subdivisions 12 to 18, that the applicant proposes to pay to the 
 12.14  state of Minnesota in case the permit lease shall be awarded.  
 12.15     Subd. 2.  [BID REQUIREMENTS.] (a) Whenever a bid on any 
 12.16  mining unit exceeds the minimums prescribed in section 93.20, 
 12.17  the bidder shall offer a uniform amount above the minimums on 
 12.18  all schedules unless the mining unit is expressly excepted from 
 12.19  this requirement by the commissioner of natural resources by so 
 12.20  specifying in the list of lands and mining units.  
 12.21     A separate sealed bid shall be required for each mining 
 12.22  unit as established by the commissioner covered by the 
 12.23  application, and shall be accompanied by a certified check made 
 12.24  payable to the state treasurer in the sum of $200 as a guarantee 
 12.25  that the applicant will carry out and perform in good faith all 
 12.26  the covenants set out in the permit.  
 12.27     (b) The envelope containing each bid shall be plainly 
 12.28  marked on the outside showing the date of application, date 
 12.29  received by the commissioner, and the name of the applicant.  
 12.30  The commissioner shall endorse upon each application and sealed 
 12.31  bid the exact time of presentation and preserve the same 
 12.32  unopened in the commissioner's office.  
 12.33     Subd. 3.  [BID ACCEPTANCE.] (a) At the time and place fixed 
 12.34  for the sale, the commissioner shall publicly announce the 
 12.35  number of applications and bids received.  The commissioner, 
 12.36  together with at least one member of the executive council as 
 13.1   designated by the council, shall then publicly open the bids and 
 13.2   announce the amount of each bid separately.  Thereafter, the 
 13.3   commissioner, together with the executive council, shall award 
 13.4   the permits leases to the highest bidders for the respective 
 13.5   mining units, but no bids shall be accepted that shall do not 
 13.6   equal or exceed the minimum amounts provided for in section 
 13.7   93.20, nor shall any bid be accepted that shall does not comply 
 13.8   with the law and be accompanied by a certified check for the 
 13.9   faithful performance of the terms of each permit as hereinbefore 
 13.10  set out.  The right is reserved to the state to reject any and 
 13.11  all bids.  
 13.12     (b) All applications for permits leases and bids not 
 13.13  accepted at such the sale shall become void at the close of the 
 13.14  sale and the checks payment accompanying the applications and 
 13.15  bids shall be returned to the applicants entitled to them.  
 13.16     (c) Upon the award of a permit lease, the certified check 
 13.17  payment submitted with the application as provided by 
 13.18  subdivision 1, shall be deposited with the state treasurer as a 
 13.19  fee for the permit, to be credited to the same fund as the 
 13.20  rental or royalty from the mining unit affected, and the 
 13.21  certified check submitted with the bid as provided by 
 13.22  subdivision 2, shall be deposited with the state treasurer and 
 13.23  held for further disposition as provided by law lease.  
 13.24     Sec. 13.  [93.1925] [NEGOTIATED LEASES.] 
 13.25     Subdivision 1.  [CONDITIONS REQUIRED.] When the 
 13.26  commissioner finds that the best interests of the state will be 
 13.27  served and the circumstances in clause (1), (2), or (3) exist, 
 13.28  the commissioner, with the approval of the executive council, 
 13.29  may issue an iron ore or taconite iron ore mining lease through 
 13.30  negotiations to an applicant.  A lease may be issued through 
 13.31  negotiations under any of the following circumstances: 
 13.32     (1) the state taconite iron ore is adjacent to taconite 
 13.33  iron ore owned or leased for mining purposes by the applicant 
 13.34  and the commissioner finds that it is impracticable to mine the 
 13.35  state taconite iron ore except in conjunction with the mining of 
 13.36  the adjacent ore; 
 14.1      (2) the lands to be leased are primarily valuable for their 
 14.2   natural iron ore content; or 
 14.3      (3) the state's mineral ownership interest in the lands to 
 14.4   be leased is an undivided fractional interest and the applicant 
 14.5   holds under control a majority of the remaining undivided 
 14.6   fractional mineral interests in the lands to be leased. 
 14.7      Subd. 2.  [APPLICATION.] (a) An application for a 
 14.8   negotiated lease shall be submitted to the commissioner of 
 14.9   natural resources.  The commissioner shall prescribe the 
 14.10  information to be included in the application.  The applicant 
 14.11  shall submit with the application a certified check, cashier's 
 14.12  check, or bank money order, payable to the department of natural 
 14.13  resources in the sum of $100, as a fee for filing the 
 14.14  application.  The application fee shall not be refunded under 
 14.15  any circumstances. 
 14.16     (b) The right is reserved to the state to reject any or all 
 14.17  applications for a negotiated lease. 
 14.18     Subd. 3.  [TERMS.] A lease issued under this section shall 
 14.19  be in the form set forth in section 93.20, with such additional 
 14.20  terms and conditions consistent with the lease as may be agreed 
 14.21  upon.  The rental and royalty rates agreed upon shall be not 
 14.22  less than those prescribed in section 93.20. 
 14.23     Sec. 14.  Minnesota Statutes 1998, section 93.193, 
 14.24  subdivision 1, is amended to read: 
 14.25     Subdivision 1.  [APPLICATION FOR EXTENSION.] Upon written 
 14.26  application by the holder of any mining lease heretofore issued, 
 14.27  or hereafter issued upon a prospecting permit heretofore issued, 
 14.28  which has been or may be designated as a taconite iron ore 
 14.29  mining lease pursuant to Minnesota Statutes 1998, section 93.19 
 14.30  or 93.191, the commissioner of natural resources, with the 
 14.31  approval of the executive council, may extend the term thereof 
 14.32  of the lease for an additional period of 25 years beyond the 
 14.33  term specified therein in the lease, upon the terms and 
 14.34  conditions hereinafter prescribed under this section.  The 
 14.35  additional period of 25 years for which such a the lease is 
 14.36  extended, shall be the extended period as such the term is used 
 15.1   herein in this section.  
 15.2      Sec. 15.  Minnesota Statutes 1998, section 93.21, is 
 15.3   amended to read: 
 15.4      93.21 [EXECUTION OF LEASE.] 
 15.5      The lease provided for in section 93.20 shall be signed by 
 15.6   the commissioner for and in behalf of the state, with the 
 15.7   official seal of the commissioner attached, and shall be signed 
 15.8   by the party of the second part in the presence of two 
 15.9   witnesses, and such the signatures and execution of the same by 
 15.10  the party of the second part shall be duly acknowledged.  
 15.11     Sec. 16.  Minnesota Statutes 1998, section 93.22, is 
 15.12  amended to read: 
 15.13     93.22 [DISPOSAL OF MONEYS RECEIVED DISPOSITION OF 
 15.14  PAYMENTS.] 
 15.15     (a) All payments under sections 93.14 to 93.28 93.285 shall 
 15.16  be made to the state treasurer on the order of the commissioner 
 15.17  of finance, or the commissioner, as the case may be, department 
 15.18  of natural resources and shall be credited to the permanent fund 
 15.19  of the class of land to which the demised premises belong and in 
 15.20  case the land shall not belong to any class of land having a 
 15.21  permanent fund then all payments shall be credited to such fund 
 15.22  as the legislature shall by law direct. as follows: 
 15.23     (1) if the lands or minerals and mineral rights covered by 
 15.24  a lease are held by the state by virtue of an act of Congress, 
 15.25  payments made under the lease shall be credited to the permanent 
 15.26  fund of the class of land to which the leased premises belong; 
 15.27     (2) if a lease covers the bed of navigable waters, payments 
 15.28  made under the lease shall be credited to the permanent school 
 15.29  fund of the state; and 
 15.30     (3) if the lands or minerals and mineral rights covered by 
 15.31  a lease are held by the state in trust for the taxing districts, 
 15.32  payments made under the lease shall be distributed annually on 
 15.33  the first day of September as follows: 
 15.34     (i) 20 percent to the general fund; and 
 15.35     (ii) 80 percent to the respective counties in which the 
 15.36  lands lie, to be apportioned among the taxing districts 
 16.1   interested therein as follows:  county, three-ninths; town or 
 16.2   city, two-ninths; and school district, four-ninths. 
 16.3      (b) Except as provided under paragraph (a) and except where 
 16.4   the disposition of payments may be otherwise directed by law, 
 16.5   all payments shall be paid into the general fund of the state. 
 16.6      Sec. 17.  [93.245] [MINING OF MINERALS OTHER THAN IRON 
 16.7   ORE.] 
 16.8      (a) If a mineral other than iron ore or taconite ore is 
 16.9   found on or in a mining unit covered by a state iron ore or 
 16.10  taconite iron ore mining lease, the state lessee may apply to 
 16.11  the commissioner of natural resources for a negotiated lease to 
 16.12  explore for, mine, and remove the mineral.  The terms and 
 16.13  conditions under which the mineral may be mined or products 
 16.14  recovered shall be as agreed upon by the commissioner and the 
 16.15  state lessee.  A mineral lease for ores other than iron ore or 
 16.16  taconite iron ore must comply with section 93.25 and rules 
 16.17  adopted thereunder. 
 16.18     (b) The right is reserved to the state to reject any or all 
 16.19  applications for a negotiated lease under paragraph (a).  The 
 16.20  state may lease, under section 93.25 and rules adopted 
 16.21  thereunder, any minerals other than iron ore or taconite iron 
 16.22  ore on or in a mining unit covered by a state iron ore or 
 16.23  taconite iron ore mining lease. 
 16.24     Sec. 18.  Minnesota Statutes 1998, section 93.25, 
 16.25  subdivision 1, is amended to read: 
 16.26     Subdivision 1.  [LEASES.] The commissioner may issue leases 
 16.27  to prospect for, mine, and remove minerals other than iron ore 
 16.28  upon any lands owned by the state, including trust fund lands, 
 16.29  lands forfeited for nonpayment of taxes whether held in trust or 
 16.30  otherwise, and lands otherwise acquired, and the beds of any 
 16.31  waters belonging to the state.  For purposes of this section, 
 16.32  iron ore means iron-bearing material where the primary product 
 16.33  is iron metal.  
 16.34     Sec. 19.  Minnesota Statutes 1998, section 93.25, 
 16.35  subdivision 2, is amended to read: 
 16.36     Subd. 2.  [LEASE REQUIREMENTS.] All leases for nonferrous 
 17.1   metallic minerals or petroleum must be approved by the executive 
 17.2   council, and any other mineral lease issued pursuant to this 
 17.3   section that covers 160 or more acres must be approved by the 
 17.4   executive council.  The rents, royalties, terms, conditions, and 
 17.5   covenants of all such leases shall be fixed by the commissioner 
 17.6   pursuant to such according to rules as may be prescribed adopted 
 17.7   by the commissioner, but no lease shall be for a longer term 
 17.8   than 50 years, and all such rents, royalties, terms, conditions, 
 17.9   and covenants shall be fully set forth in each lease thus issued 
 17.10  and.  The rents and royalties therein provided for shall be 
 17.11  credited to the funds as provided in section 93.22 or 93.335, 
 17.12  subdivision 4, as amended.  
 17.13     Sec. 20.  Minnesota Statutes 1998, section 93.26, is 
 17.14  amended to read: 
 17.15     93.26 [PERMITS AND LEASES TO BE RECORDED FILED.] 
 17.16     All permits and leases, with the names and post office 
 17.17  addresses of all parties in interest, issued by the commissioner 
 17.18  under authority of sections 93.14 to 93.28 93.285, before 
 17.19  delivery shall be duly recorded at length in the record books to 
 17.20  be provided and kept filed for record in the commissioner's 
 17.21  office for that purpose and.  A certificate of such record 
 17.22  filing showing the date of record, the book and page 
 17.23  thereof, filing shall be endorsed on each such permit or lease. 
 17.24     Sec. 21.  Minnesota Statutes 1998, section 93.27, is 
 17.25  amended to read: 
 17.26     93.27 [ASSIGNMENTS, AGREEMENTS, OR CONTRACTS AFFECTING 
 17.27  PERMITS OR LEASES; RECORDS FILING.] 
 17.28     All assignments, agreements, or contracts, underlying, 
 17.29  overriding, or operating agreements affecting any such permit or 
 17.30  a lease shall be made in writing and signed by both parties 
 17.31  thereto, witnessed by two witnesses, and properly acknowledged 
 17.32  and contain the post office addresses of all parties having an 
 17.33  interest; and when so executed presented in triplicate to the 
 17.34  commissioner for filing of record.  The commissioner shall then 
 17.35  record such assignments, agreements, or contracts, underlying, 
 17.36  overriding, or operating agreements at length in record books 
 18.1   kept and provided for that purpose in the commissioner's office 
 18.2   and A certificate of such record filing showing the date thereof 
 18.3   and the book and page of filing shall be endorsed on the the 
 18.4   assignments, agreements, contracts, underlying, overriding, or 
 18.5   operating agreements, a copy of which then shall be returned to 
 18.6   the party entitled thereto.  
 18.7      Sec. 22.  Minnesota Statutes 1998, section 93.28, is 
 18.8   amended to read: 
 18.9      93.28 [APPROVAL OF INSTRUMENTS; FEES.] 
 18.10     All instruments by virtue of which the title to any permit 
 18.11  or a lease herein provided for is in any way affected shall 
 18.12  receive, as to form and execution, the approval of the 
 18.13  commissioner, which approval shall be endorsed thereon, and the 
 18.14  instrument when so approved shall be duly recorded filed as 
 18.15  provided in section 93.27.  For recording any assignment or 
 18.16  other instrument affecting the title to any permit or lease or 
 18.17  for furnishing certified copies of the records, the commissioner 
 18.18  may charge a fee of ten cents per folio.  All such fees shall be 
 18.19  turned into the state treasury.  
 18.20     Sec. 23.  Minnesota Statutes 1998, section 93.285, 
 18.21  subdivision 2, is amended to read: 
 18.22     Subd. 2.  [INCLUSION IN MINING UNIT.] In case any 
 18.23  stockpiled iron ore is situated on land designated or suitable 
 18.24  for designation as a mining unit under section 93.15, such the 
 18.25  stockpiled ore may, in the discretion of the commissioner of 
 18.26  natural resources, be included in such the unit by inserting a 
 18.27  description of such the ore in the designation of the unit.  
 18.28  Otherwise such the ore shall not be considered as included 
 18.29  in such the unit.  Upon the inclusion of such the ore in such 
 18.30  the unit, it shall be subject to all provisions of law relating 
 18.31  to the sale, issuance, terms, and conditions of a prospecting 
 18.32  permit and lease covering such the unit and other matters 
 18.33  pertaining thereto, so far as applicable, except as hereinafter 
 18.34  provided.  
 18.35     Sec. 24.  Minnesota Statutes 1998, section 93.285, 
 18.36  subdivision 3, is amended to read: 
 19.1      Subd. 3.  [STOCKPILE MINING UNIT.] (a) Any stockpiled iron 
 19.2   ore, wherever situated, may, in the discretion of the 
 19.3   commissioner of natural resources, be designated as a stockpile 
 19.4   mining unit for disposal separately from ore in the ground, such 
 19.5   designation to be made in accordance with the provisions of 
 19.6   according to section 93.15, so far as applicable.  Thereupon 
 19.7   such stockpile mining unit shall be subject to all provisions of 
 19.8   law relating to the sale, issuance, terms, and conditions of 
 19.9   prospecting permits and leases covering mining units designated 
 19.10  under such section 93.15 and other matters pertaining thereto, 
 19.11  except as hereinafter provided.  Upon application of the holder 
 19.12  of a prospecting permit for such a stockpile mining unit, the 
 19.13  commissioner of natural resources may, for good cause shown, 
 19.14  extend the time for beginning the work of prospecting under the 
 19.15  permit to not exceeding six months from the date of the permit.  
 19.16     (b) The commissioner may lease the mining unit at public or 
 19.17  private sale for an amount and under terms and conditions 
 19.18  prescribed by the commissioner.  The lease term may not exceed 
 19.19  25 years.  The amount payable for stockpiled iron ore material 
 19.20  shall be at least equivalent to the minimum royalty that would 
 19.21  be payable under section 93.20. 
 19.22     Sec. 25.  Minnesota Statutes 1998, section 93.335, 
 19.23  subdivision 1, is amended to read: 
 19.24     Subdivision 1.  [LAND GROUPED INTO MINING UNITS; LEASES 
 19.25  LANDS HELD IN TRUST FOR TAXING DISTRICTS; LEASE TERMS AND 
 19.26  CONDITIONS.] Lands or minerals and mineral rights, including 
 19.27  fractional undivided interests therein, becoming the absolute 
 19.28  property of the state under the tax laws, may be grouped into 
 19.29  mining units, permits to prospect for iron ore thereon shall be 
 19.30  awarded, and Mining leases thereon issued as provided by 
 19.31  sections 93.14 to 93.33, and, except as otherwise specifically 
 19.32  provided herein under this section, shall be subject to all the 
 19.33  terms, conditions, and provisions of such sections shall be 
 19.34  applicable thereto 93.14 to 93.33, regardless of whether or 
 19.35  not such the lands or minerals and mineral rights are held in 
 19.36  trust for taxing districts.  Leases issued hereunder shall be in 
 20.1   the form provided by law, with only such changes as the 
 20.2   commissioner of natural resources shall find necessary to 
 20.3   indicate the specific interest covered by the lease and the 
 20.4   proportion of the stipulated royalty or rental payable under 
 20.5   subdivision 2 or otherwise to conform with the provisions 
 20.6   hereof.  In case the state owns such a fractional undivided 
 20.7   interest and the remaining undivided interest in the property is 
 20.8   owned or held under lease for mining purposes by another, the 
 20.9   commissioner of natural resources, with the approval of the 
 20.10  executive council, upon application of such owner or lessee, 
 20.11  without public sale and without prior issuance of a prospecting 
 20.12  permit, may enter into a mining lease with such owner or lessee 
 20.13  covering the state's interest under the following terms and 
 20.14  conditions: 
 20.15     (1) The application shall be in such form and shall contain 
 20.16  such information as the commissioner shall prescribe; 
 20.17     (2) Where any of the ore to be mined under such lease lies 
 20.18  within the bed of a public lake or stream, the lessee shall 
 20.19  obtain an appropriate permit from the commissioner, pursuant to 
 20.20  applicable laws; 
 20.21     (3) The lease shall be in the form herein prescribed, 
 20.22  except that it may provide for the payment of rental and royalty 
 20.23  at such rates as may be agreed upon between the parties and may 
 20.24  contain such additional appropriate provisions, not inconsistent 
 20.25  with law, as may be agreed upon in furtherance of the mutual 
 20.26  interests of the parties; provided, that the rental and royalty 
 20.27  rates for iron ore shall not be less than the applicable minimum 
 20.28  rates prescribed in section 93.20.  
 20.29     Sec. 26.  Minnesota Statutes 1998, section 93.43, is 
 20.30  amended to read: 
 20.31     93.43 [PERMITS, LICENSES, AND LEASES TO COPPER, 
 20.32  COPPER-NICKEL OR NICKEL NONFERROUS METALLIC MINERALS PRODUCERS.] 
 20.33     (a) The business of mining, producing, or beneficiating 
 20.34  copper, copper-nickel or nickel nonferrous metallic minerals is 
 20.35  declared to be in the public interest and necessary to the 
 20.36  public welfare, and the use of property therefor is declared to 
 21.1   be a public use and purpose.  
 21.2      (b) The commissioner of natural resources is authorized to 
 21.3   grant permits or, licenses, or leases on and across lands owned 
 21.4   by the state to any corporation or association engaged in the 
 21.5   business of or preparing to engage in the business of mining, 
 21.6   producing, or beneficiating copper, copper-nickel or 
 21.7   nickel nonferrous metallic minerals for pipe lines, pole lines, 
 21.8   conduits, sluiceways, roads, railroads, tramways, or flowage, 
 21.9   and to lease any lands owned by the state to any such 
 21.10  corporation or association for the depositing of stripping, lean 
 21.11  ores, tailings, or waste products of such business.  
 21.12     (c) The commissioner of natural resources is also 
 21.13  authorized to license the flooding of state lands in connection 
 21.14  with any permit or authorization for the use of public waters 
 21.15  issued by the legislature or by the commissioner pursuant to 
 21.16  law.  Such The permits, licenses, and leases shall be upon such 
 21.17  the conditions and, for such the consideration, and for 
 21.18  such the period of time as the commissioner may determine.  
 21.19     (d) The county auditor, with the approval of the county 
 21.20  board, is authorized to grant permits, licenses, or leases for 
 21.21  all such purposes of or across tax-forfeited lands held by the 
 21.22  state in trust for any and all taxing districts, upon such the 
 21.23  conditions and, for such the considerations, and for such 
 21.24  the period of time as the county board may determine.  Any 
 21.25  proceeds from the granting of such the permits, licenses, or 
 21.26  leases by the county auditor shall be apportioned and 
 21.27  distributed as other proceeds from the sale or rental of tax- 
 21.28  forfeited lands.  
 21.29     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 21.30  97A.065, subdivision 2, is amended to read: 
 21.31     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 21.32  forfeited bail collected from prosecutions of violations of:  
 21.33  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
 21.34  to 84.91; section 169.121, when the violation involved an 
 21.35  off-road recreational vehicle as defined in section 169.01, 
 21.36  subdivision 86; chapter 348; and any other law relating to wild 
 22.1   animals or aquatic vegetation, must be paid to the treasurer of 
 22.2   the county where the violation is prosecuted.  The county 
 22.3   treasurer shall submit one-half of the receipts to the 
 22.4   commissioner and credit the balance to the county general 
 22.5   revenue fund except as provided in paragraphs (b), (c), and 
 22.6   (d).  In a county in a judicial district under section 480.181, 
 22.7   subdivision 1, paragraph (b), as added in Laws 1999, chapter 
 22.8   216, article 7, section 26, the share that would otherwise go to 
 22.9   the county under this paragraph must be submitted to the state 
 22.10  treasurer for deposit in the state treasury and credited to the 
 22.11  general fund. 
 22.12     (b) The commissioner must reimburse a county, from the game 
 22.13  and fish fund, for the cost of keeping prisoners prosecuted for 
 22.14  violations under this section if the county board, by 
 22.15  resolution, directs:  (1) the county treasurer to submit all 
 22.16  fines and forfeited bail to the commissioner; and (2) the county 
 22.17  auditor to certify and submit monthly itemized statements to the 
 22.18  commissioner.  
 22.19     (c) The county treasurer shall submit one-half of the 
 22.20  receipts collected under paragraph (a) from prosecutions of 
 22.21  violations of sections 84.81 to 84.91, and 169.121, except 
 22.22  receipts that are surcharges imposed under section 357.021, 
 22.23  subdivision 6, to the state treasurer commissioner and credit 
 22.24  the balance to the county general fund.  The state treasurer 
 22.25  commissioner shall credit these receipts to the snowmobile 
 22.26  trails and enforcement account in the natural resources fund. 
 22.27     (d) The county treasurer shall indicate the amount of the 
 22.28  receipts that are surcharges imposed under section 357.021, 
 22.29  subdivision 6, and shall submit all of those receipts to the 
 22.30  state treasurer. 
 22.31     Sec. 28.  Minnesota Statutes 1998, section 97A.095, is 
 22.32  amended by adding a subdivision to read: 
 22.33     Subd. 4.  [SWAN LAKE MIGRATORY WATERFOWL REFUGE.] The land 
 22.34  described in Laws 1999, chapter 81, section 2, is designated 
 22.35  Swan Lake migratory waterfowl refuge under subdivision 1. 
 22.36     Sec. 29.  Minnesota Statutes 1998, section 97A.405, is 
 23.1   amended by adding a subdivision to read: 
 23.2      Subd. 4.  [REPLACEMENT LICENSES.] The commissioner may 
 23.3   permit licensed firearms deer hunters to change zone or season 
 23.4   options before the regular firearms deer season begins.  The 
 23.5   commissioner may issue a replacement license if the applicant 
 23.6   submits the original firearms deer license that is being 
 23.7   replaced and the applicant pays any increase in cost between the 
 23.8   original and the replacement license. 
 23.9      Sec. 30.  Minnesota Statutes 1998, section 97A.431, 
 23.10  subdivision 4, is amended to read: 
 23.11     Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] (a) The 
 23.12  commissioner may conduct a separate selection for up to 20 
 23.13  percent of the moose licenses to be issued for an area.  Only 
 23.14  owners of, and tenants living on, at least 160 acres of 
 23.15  agricultural or grazing land in the area, and their family 
 23.16  members, are eligible for the separate selection under this 
 23.17  paragraph.  Persons that are unsuccessful in a separate 
 23.18  selection must be included in the selection for the remaining 
 23.19  licenses.  
 23.20     (b) The commissioner must conduct a separate selection for 
 23.21  20 percent of the moose licenses to be issued each year.  Only 
 23.22  individuals who have applied at least ten times for a moose 
 23.23  license and who have never received a license are eligible for 
 23.24  this separate selection. 
 23.25     (c) The commissioner may by rule establish criteria for: 
 23.26     (1) determining eligible family members under this 
 23.27  subdivision. paragraph (a); and 
 23.28     (2) verifying that an individual has made at least ten 
 23.29  unsuccessful applications for the purposes of paragraph (b). 
 23.30     (d) A person who is unsuccessful in a separate selection 
 23.31  under this subdivision must be included in the selection for the 
 23.32  remaining licenses. 
 23.33     Sec. 31.  Minnesota Statutes 1998, section 97A.435, 
 23.34  subdivision 4, is amended to read: 
 23.35     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
 23.36  The commissioner may conduct a separate selection for up to 20 
 24.1   percent of the turkey licenses to be issued for any area.  Only 
 24.2   persons that who are owners or tenants of and that live on at 
 24.3   least 40 acres of agricultural or grazing land in the area, and 
 24.4   their family members, are eligible applicants for turkey 
 24.5   licenses for the separate selection.  The qualifying 
 24.6   agricultural or grazing land may be noncontiguous.  Persons that 
 24.7   who are unsuccessful in a separate selection must be included in 
 24.8   the selection for the remaining licenses.  Persons that who 
 24.9   obtain a license in a separate selection must allow public 
 24.10  turkey hunting on their land during that turkey season. 
 24.11     (b) The commissioner may by rule establish criteria for 
 24.12  determining eligible family members under this subdivision. 
 24.13     Sec. 32.  Minnesota Statutes 1998, section 97A.475, 
 24.14  subdivision 30, is amended to read: 
 24.15     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
 24.16  commercial fish are: 
 24.17     (1) commercial license fees: 
 24.18     (i) for residents and nonresidents seining and netting in 
 24.19  inland waters, $90; 
 24.20     (ii) for residents netting in Lake Superior, $50; 
 24.21     (iii) for residents netting in Lake of the Woods, Rainy, 
 24.22  Namakan, and Sand Point lakes, $50; 
 24.23     (iv) for residents seining in the Mississippi River from St.
 24.24  Anthony Falls to the St. Croix River junction, $50; 
 24.25     (v) for residents seining, netting, and set lining in 
 24.26  Wisconsin boundary waters from Lake St. Croix to the Iowa 
 24.27  border, $50; and 
 24.28     (vi) for a resident apprentice license, $25; and 
 24.29     (2) commercial gear fees: 
 24.30     (i) for each gill net in Lake Superior, Wisconsin boundary 
 24.31  waters, and Namakan Lake, $3.50 per 100 feet of net; 
 24.32     (ii) for each seine in inland waters, on the Mississippi 
 24.33  River as described in section 97C.801, subdivision 2, and in 
 24.34  Wisconsin boundary waters, $7 per 100 feet; 
 24.35     (iii) for each commercial hoop net in inland waters, $1.25; 
 24.36     (iv) for each submerged fyke, trap, and hoop net in Lake 
 25.1   Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
 25.2   Namakan, and Sand Point lakes, and for each pound net in Lake 
 25.3   Superior, $15; 
 25.4      (v) for each stake and pound net in Lake of the Woods, $60; 
 25.5   and 
 25.6      (vi) for each set line in the Wisconsin boundary waters, 
 25.7   $20; and 
 25.8      (vii) for each trawl used in Lake Superior, $50.  
 25.9      Sec. 33.  Minnesota Statutes 1998, section 97A.475, is 
 25.10  amended by adding a subdivision to read: 
 25.11     Subd. 44.  [REPLACEMENT LICENSES.] The fee for a 
 25.12  replacement firearms deer license is $5. 
 25.13     Sec. 34.  Minnesota Statutes 1998, section 97B.015, 
 25.14  subdivision 2, is amended to read: 
 25.15     Subd. 2.  [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] 
 25.16  (a) The commissioner shall appoint a qualified person from the 
 25.17  enforcement division under civil service rules as supervisor of 
 25.18  hunting safety and prescribe the duties and responsibilities of 
 25.19  the position.  The commissioner shall determine and provide the 
 25.20  enforcement division with the necessary personnel for this 
 25.21  section.  
 25.22     (b) The commissioner may appoint one or more county 
 25.23  directors of hunting safety in each county.  An appointed county 
 25.24  director is responsible to the enforcement division.  The 
 25.25  enforcement division may appoint instructors necessary for this 
 25.26  section.  County directors and instructors shall serve on a 
 25.27  voluntary basis without compensation.  The enforcement division 
 25.28  must supply the materials necessary for the course.  School 
 25.29  districts may cooperate with the commissioner and volunteer 
 25.30  instructors to provide space for the classroom portion of the 
 25.31  training.  
 25.32     Sec. 35.  Minnesota Statutes 1998, section 97B.015, 
 25.33  subdivision 4, is amended to read: 
 25.34     Subd. 4.  [STUDENT FEE.] To defray the expense of the 
 25.35  course, the enforcement division shall collect a fee not to 
 25.36  exceed $5 from each person that takes the firearm safety course. 
 26.1   The commissioner shall establish a fee that neither 
 26.2   significantly over recovers nor under recovers costs, including 
 26.3   overhead costs, involved in providing the services.  The fee is 
 26.4   not subject to the rulemaking provisions of chapter 14 and 
 26.5   section 14.386 does not apply.  The fees shall be deposited in 
 26.6   the game and fish fund and the amount thereof is appropriated 
 26.7   annually to the enforcement division of the department of 
 26.8   natural resources for the administration of the program.  In 
 26.9   addition to the fee established by the commissioner, instructors 
 26.10  may charge each person up to the established fee amount for 
 26.11  class materials and expenses. 
 26.12     Sec. 36.  Minnesota Statutes 1999 Supplement, section 
 26.13  97B.025, is amended to read: 
 26.14     97B.025 [ADVANCED HUNTER AND TRAPPER EDUCATION.] 
 26.15     The commissioner may establish advanced education courses 
 26.16  for hunters and trappers.  The commissioner, with the approval 
 26.17  of the commissioner of finance, may impose shall collect a fee 
 26.18  not to exceed $10 for from each person attending an advanced 
 26.19  education a course.  The commissioner shall establish a fee that 
 26.20  neither significantly over recovers nor under recovers costs, 
 26.21  including overhead costs, involved in providing the services.  
 26.22  The fee is not subject to the rulemaking provisions of chapter 
 26.23  14 and section 14.386 does not apply.  The fees shall be 
 26.24  deposited in the game and fish fund and the amount thereof is 
 26.25  appropriated annually to the enforcement division of the 
 26.26  department of natural resources for the administration of the 
 26.27  program.  In addition to the fee established by the 
 26.28  commissioner, instructors may charge each person up to the 
 26.29  established fee amount for class materials and expenses.  School 
 26.30  districts may cooperate with the commissioner and volunteer 
 26.31  instructors to provide space for the classroom portion of the 
 26.32  training. 
 26.33     Sec. 37.  Minnesota Statutes 1998, section 97B.301, 
 26.34  subdivision 4, is amended to read: 
 26.35     Subd. 4.  [TAKING MORE THAN ONE DEER.] (a) The commissioner 
 26.36  may, by rule, allow a person to take more than one deer.  The 
 27.1   commissioner shall prescribe the conditions for taking the 
 27.2   additional deer including:  
 27.3      (1) taking by firearm or archery; 
 27.4      (2) obtaining additional licenses; and 
 27.5      (3) payment of a fee not more than the fee for a firearms 
 27.6   deer license; and 
 27.7      (4) the total number of deer that an individual may take. 
 27.8      (b) In Kittson, Lake of the Woods, Marshall, Pennington, 
 27.9   and Roseau counties, a person may obtain one firearms deer 
 27.10  license and one archery deer license in the same license year, 
 27.11  and may take one deer under each license.  The commissioner may 
 27.12  limit the use of this provision in certain years to protect the 
 27.13  deer population in the area. 
 27.14     Sec. 38.  [97C.02] [ACQUISITION OF CRITICAL AQUATIC 
 27.15  HABITAT.] 
 27.16     The commissioner shall acquire lands that are critical for 
 27.17  fish and other aquatic life and that meet criteria described for 
 27.18  aquatic management areas in section 86A.05, subdivision 14.  The 
 27.19  lands that are acquired may be developed to manage lakes, 
 27.20  rivers, streams, and adjacent wetlands and lands for aquatic 
 27.21  life, water quality, intrinsic biological value, public fishing, 
 27.22  and other compatible outdoor recreational uses.  The land may be 
 27.23  acquired by gift, lease, easement, or purchase.  The 
 27.24  commissioner shall designate land acquired under this 
 27.25  subdivision as aquatic management areas for the purposes of the 
 27.26  outdoor recreation system. 
 27.27     Sec. 39.  Minnesota Statutes 1998, section 97C.041, is 
 27.28  amended to read: 
 27.29     97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.] 
 27.30     The commissioner may take rough fish, lake whitefish, and 
 27.31  rainbow smelt with seines, nets, and other devices.  The 
 27.32  commissioner may also take catfish with seines, nets, and other 
 27.33  devices on the Minnesota-Wisconsin boundary waters.  The 
 27.34  commissioner may hire or contract persons, or issue permits, to 
 27.35  take the fish.  The commissioner shall prescribe the manner of 
 27.36  taking and disposal.  The commissioner may award a contract 
 28.1   under this section without competitive bidding.  Before 
 28.2   establishing the contractor's compensation, the commissioner 
 28.3   must consider the qualifications of the contractor, including 
 28.4   the contractor's equipment, knowledge of the waters, and ability 
 28.5   to perform the work.  
 28.6      Sec. 40.  Minnesota Statutes 1998, section 97C.401, is 
 28.7   amended by adding a subdivision to read: 
 28.8      Subd. 3.  [YELLOW PERCH LIMITS; INLAND WATERS.] Until 
 28.9   December 1, 2001, the commissioner may not adopt a rule that 
 28.10  will result in a daily limit that is less than 20 yellow perch 
 28.11  or a possession limit that is less than 50 yellow perch on 
 28.12  inland waters. 
 28.13     Sec. 41.  Minnesota Statutes 1998, section 97C.501, 
 28.14  subdivision 1, is amended to read: 
 28.15     Subdivision 1.  [MINNOW RETAILERS.] (a) A person may not be 
 28.16  a minnow retailer without a minnow retailer license except as 
 28.17  provided in subdivision subdivisions 2, paragraph (d), and 3.  A 
 28.18  person must purchase a minnow retailer license for each minnow 
 28.19  retail outlet operated, except as provided by subdivision 2, 
 28.20  paragraph (d).  
 28.21     (b) A minnow retailer must obtain a minnow retailer's 
 28.22  vehicle license for each motor vehicle used by the minnow 
 28.23  retailer to transport more than 12 dozen minnows to the minnow 
 28.24  retailer's place of business, except as provided in subdivision 
 28.25  3.  A minnow retailer is not required to obtain a minnow 
 28.26  retailer's vehicle license if minnows are being transported by 
 28.27  common carrier and information is provided that allows the 
 28.28  commissioner to find out the location of the shipment in the 
 28.29  state. 
 28.30     Sec. 42.  Minnesota Statutes 1998, section 97C.501, 
 28.31  subdivision 2, is amended to read: 
 28.32     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
 28.33  minnow dealer without a minnow dealer license except as provided 
 28.34  in subdivision 3. 
 28.35     (b) A minnow dealer must obtain a minnow dealer's vehicle 
 28.36  license for each motor vehicle used to transport minnows.  The 
 29.1   serial number, motor vehicle license number, make, and model 
 29.2   must be on the license.  The license must be conspicuously 
 29.3   displayed in the vehicle.  
 29.4      (c) A minnow dealer may not transport minnows out of the 
 29.5   state without an exporting minnow dealer license.  A minnow 
 29.6   dealer must obtain an exporting minnow dealer's vehicle license 
 29.7   for each motor vehicle used to transport minnows out of the 
 29.8   state.  The serial number, motor vehicle license number, make, 
 29.9   and model must be on the license.  The license must be 
 29.10  conspicuously displayed in the vehicle.  
 29.11     (d) A person with a minnow dealer's license may sell 
 29.12  minnows at one retail outlet.  A minnow dealer must obtain a 
 29.13  minnow retailer license for each additional retail outlet 
 29.14  operated.  A minnow dealer operating a retail outlet under a 
 29.15  minnow dealer's license must list the following information for 
 29.16  the retail outlet:  name of the business; city; state; zip code; 
 29.17  and legal description or fire number.  The retail outlet name 
 29.18  and location may be changed by making application to the 
 29.19  commissioner. 
 29.20     Sec. 43.  Minnesota Statutes 1998, section 97C.605, 
 29.21  subdivision 1, is amended to read: 
 29.22     Subdivision 1.  [LICENSE REQUIRED.] A person may not take, 
 29.23  possess, buy, sell, or transport turtles without an angling 
 29.24  license, except as provided in subdivision 2.  
 29.25     Sec. 44.  Minnesota Statutes 1998, section 97C.605, 
 29.26  subdivision 2, is amended to read: 
 29.27     Subd. 2.  [SALES LICENSE.] (a) A person may not take, 
 29.28  possess, transport, or purchase turtles for sale without a 
 29.29  turtle seller's license, except as provided in this subdivision. 
 29.30     (b)  A person does not need a turtle seller's license is 
 29.31  not required to buy turtles for retail sale to consumers or an 
 29.32  angling license: 
 29.33     (1) when buying turtles for resale at a location licensed 
 29.34  by the department of agriculture or health for sale or 
 29.35  preparation of food retail outlet; 
 29.36     (2) of a person licensed by the department of agriculture 
 30.1   or health for sale or preparation of food; or 
 30.2      (3) of a person when buying a turtle at a retail outlet; or 
 30.3      (3) if the person is a nonresident buying a turtle from a 
 30.4   licensed turtle seller for export out of state.  Shipping 
 30.5   documents provided by the turtle seller must accompany each 
 30.6   shipment exported out of state by a nonresident.  Shipping 
 30.7   documents must include:  name, address, city, state, and zip 
 30.8   code of the buyer; number of each species of turtle; and name 
 30.9   and license number of the turtle seller.  
 30.10     Sec. 45.  Minnesota Statutes 1999 Supplement, section 
 30.11  169.1217, subdivision 7a, is amended to read: 
 30.12     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 30.13  motor vehicle used to commit a designated offense or used in 
 30.14  conduct resulting in a designated license revocation is subject 
 30.15  to administrative forfeiture under this subdivision. 
 30.16     (b) When a motor vehicle is seized under subdivision 2, the 
 30.17  appropriate agency shall serve the driver or operator of the 
 30.18  vehicle with a notice of the seizure and intent to forfeit the 
 30.19  vehicle.  Additionally, when a motor vehicle is seized under 
 30.20  subdivision 2, or within a reasonable time after that, all 
 30.21  persons known to have an ownership, possessory, or security 
 30.22  interest in the vehicle must be notified of the seizure and the 
 30.23  intent to forfeit the vehicle.  For those vehicles required to 
 30.24  be registered under chapter 168, the notification to a person 
 30.25  known to have a security interest in the vehicle is required 
 30.26  only if the vehicle is registered under chapter 168 and the 
 30.27  interest is listed on the vehicle's title.  Notice mailed by 
 30.28  certified mail to the address shown in department of public 
 30.29  safety records is sufficient notice to the registered owner of 
 30.30  the vehicle.  For motor vehicles not required to be registered 
 30.31  under chapter 168, notice mailed by certified mail to the 
 30.32  address shown in the applicable filing or registration for the 
 30.33  vehicle is sufficient notice to a person known to have an 
 30.34  ownership, possessory, or security interest in the vehicle. 
 30.35  Otherwise, notice may be given in the manner provided by law for 
 30.36  service of a summons in a civil action. 
 31.1      (c) The notice must be in writing and contain:  
 31.2      (1) a description of the vehicle seized; 
 31.3      (2) the date of seizure; and 
 31.4      (3) notice of the right to obtain judicial review of the 
 31.5   forfeiture and of the procedure for obtaining that judicial 
 31.6   review, printed in English, Hmong, and Spanish.  Substantially 
 31.7   the following language must appear conspicuously:  "IF YOU DO 
 31.8   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 31.9   STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 31.10  TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 31.11  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 31.12  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 31.13  UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
 31.14  LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
 31.15  HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
 31.16  WORTH LESS THAN $500." 
 31.17     (d) Within 30 days following service of a notice of seizure 
 31.18  and forfeiture under this subdivision, a claimant may file a 
 31.19  demand for a judicial determination of the forfeiture.  The 
 31.20  demand must be in the form of a civil complaint and must be 
 31.21  filed with the court administrator in the county in which the 
 31.22  seizure occurred, together with proof of service of a copy of 
 31.23  the complaint on the prosecuting authority having jurisdiction 
 31.24  over the forfeiture, and the standard filing fee for civil 
 31.25  actions unless the petitioner has the right to sue in forma 
 31.26  pauperis under section 563.01.  If the value of the seized 
 31.27  property is $7,500 or less, the claimant may file an action in 
 31.28  conciliation court for recovery of the seized vehicle.  If the 
 31.29  value of the seized property is less than $500, the claimant 
 31.30  does not have to pay the conciliation court filing fee.  No 
 31.31  responsive pleading is required of the prosecuting authority and 
 31.32  no court fees may be charged for the prosecuting authority's 
 31.33  appearance in the matter.  Except as provided in this section, 
 31.34  judicial reviews and hearings are governed by section 169.123, 
 31.35  subdivisions 5c and 6, and shall take place at the same time as 
 31.36  any judicial review of the person's license revocation under 
 32.1   section 169.123.  The proceedings may be combined with any 
 32.2   hearing on a petition filed under section 169.123, subdivision 
 32.3   5c, and are governed by the rules of civil procedure.  
 32.4      (e) The complaint must be captioned in the name of the 
 32.5   claimant as plaintiff and the seized vehicle as defendant, and 
 32.6   must state with specificity the grounds on which the claimant 
 32.7   alleges the vehicle was improperly seized and the plaintiff's 
 32.8   interest in the vehicle seized.  Notwithstanding any law to the 
 32.9   contrary, an action for the return of a vehicle seized under 
 32.10  this section may not be maintained by or on behalf of any person 
 32.11  who has been served with a notice of seizure and forfeiture 
 32.12  unless the person has complied with this subdivision. 
 32.13     (f) If the claimant makes a timely demand for a judicial 
 32.14  determination under this subdivision, the appropriate agency 
 32.15  must conduct the forfeiture under subdivision 8.  
 32.16     (g) If a demand for judicial determination of an 
 32.17  administrative forfeiture is filed under this subdivision and 
 32.18  the court orders the return of the seized vehicle, the court 
 32.19  shall order that filing fees be reimbursed to the person who 
 32.20  filed the demand.  In addition, the court may order sanctions 
 32.21  under section 549.211.  
 32.22     Sec. 46.  Minnesota Statutes 1999 Supplement, section 
 32.23  290.431, is amended to read: 
 32.24     290.431 [NONGAME WILDLIFE CHECKOFF.] 
 32.25     Every individual who files an income tax return or property 
 32.26  tax refund claim form may designate on their original return 
 32.27  that $1 or more shall be added to the tax or deducted from the 
 32.28  refund that would otherwise be payable by or to that individual 
 32.29  and paid into an account to be established for the management of 
 32.30  nongame wildlife.  The commissioner of revenue shall, on the 
 32.31  income tax return and the property tax refund claim form, notify 
 32.32  filers of their right to designate that a portion of their tax 
 32.33  or refund shall be paid into the nongame wildlife management 
 32.34  account.  The sum of the amounts so designated to be paid shall 
 32.35  be credited to the nongame wildlife management account for use 
 32.36  by the nongame program of the section of wildlife in the 
 33.1   department of natural resources.  All interest earned on money 
 33.2   accrued, gifts to the program, contributions to the program, and 
 33.3   reimbursements of expenditures in the nongame wildlife 
 33.4   management account shall be credited to the account by the state 
 33.5   treasurer, except that gifts or contributions received directly 
 33.6   by the commissioner of natural resources and directed by the 
 33.7   contributor for use in specific nongame field projects or 
 33.8   geographic areas shall be handled according to section 84.085, 
 33.9   subdivision 1.  The commissioner of natural resources shall 
 33.10  submit a work program for each fiscal year and semiannual 
 33.11  progress reports to the legislative commission on Minnesota 
 33.12  resources in the form determined by the commission.  None of the 
 33.13  money provided in this section may be expended unless the 
 33.14  commission has approved the work program.  
 33.15     The state pledges and agrees with all contributors to the 
 33.16  nongame wildlife management account to use the funds contributed 
 33.17  solely for the management of nongame wildlife projects and 
 33.18  further agrees that it will not impose additional conditions or 
 33.19  restrictions that will limit or otherwise restrict the ability 
 33.20  of the commissioner of natural resources to use the available 
 33.21  funds for the most efficient and effective management of nongame 
 33.22  wildlife. 
 33.23     Sec. 47.  Minnesota Statutes 1999 Supplement, section 
 33.24  290.432, is amended to read: 
 33.25     290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 
 33.26     A corporation that files an income tax return may designate 
 33.27  on its original return that $1 or more shall be added to the tax 
 33.28  or deducted from the refund that would otherwise be payable by 
 33.29  or to that corporation and paid into the nongame wildlife 
 33.30  management account established by section 290.431 for use by the 
 33.31  section of wildlife in the department of natural resources for 
 33.32  its nongame wildlife program.  The commissioner of revenue 
 33.33  shall, on the corporate tax return, notify filers of their right 
 33.34  to designate that a portion of their tax return be paid into the 
 33.35  nongame wildlife management account for the protection of 
 33.36  endangered natural resources.  All interest earned on money 
 34.1   accrued, gifts to the program, contributions to the program, and 
 34.2   reimbursements of expenditures in the nongame wildlife 
 34.3   management account shall be credited to the account by the state 
 34.4   treasurer, except that gifts or contributions received directly 
 34.5   by the commissioner of natural resources and directed by the 
 34.6   contributor for use in specific nongame field projects or 
 34.7   geographic areas shall be handled according to section 84.085, 
 34.8   subdivision 1.  The commissioner of natural resources shall 
 34.9   submit a work program for each fiscal year to the legislative 
 34.10  commission on Minnesota resources in the form determined by the 
 34.11  commission.  None of the money provided in this section may be 
 34.12  spent unless the commission has approved the work program. 
 34.13     The state pledges and agrees with all corporate 
 34.14  contributors to the nongame wildlife account to use the funds 
 34.15  contributed solely for the nongame wildlife program and further 
 34.16  agrees that it will not impose additional conditions or 
 34.17  restrictions that will limit or otherwise restrict the ability 
 34.18  of the commissioner of natural resources to use the available 
 34.19  funds for the most efficient and effective management of those 
 34.20  programs.  
 34.21     Sec. 48.  Minnesota Statutes 1999 Supplement, section 
 34.22  574.264, subdivision 1, is amended to read: 
 34.23     Subdivision 1.  [NATURAL RESOURCE DEVELOPMENT PROJECTS.] In 
 34.24  place of a performance or payment bond or bid deposit for a 
 34.25  state contract for a natural resource development project less 
 34.26  than $50,000 $100,000, the person required to file the bond or 
 34.27  bid deposit may deposit in a local designated state depository 
 34.28  or with the state treasurer a certified check, a cashier's 
 34.29  check, a postal, bank, or express money order, assignable bonds 
 34.30  or notes of the United States, or an assignment of a bank 
 34.31  savings account or investment certificate or an irrevocable bank 
 34.32  letter of credit, in the same amount that would be required for 
 34.33  the bond or bid deposit.  If securities listed in this section 
 34.34  are deposited, their value shall not be less than the amount 
 34.35  required for the bond or bid deposit and the person required to 
 34.36  file the bond or bid deposit shall submit an agreement 
 35.1   authorizing the commissioner to sell or otherwise take 
 35.2   possession of the securities in the event of default under the 
 35.3   contract or nonpayment of any persons furnishing labor and 
 35.4   materials under, or to perform, the contract.  
 35.5      Sec. 49.  [WATER SUPPLY MANAGEMENT; LEGISLATIVE APPROVAL.] 
 35.6      According to Minnesota Statutes, section 103G.265, 
 35.7   subdivision 3, the legislature approves the granting of a permit 
 35.8   by the commissioner of natural resources to the city of Grand 
 35.9   Forks, North Dakota, for consumptive uses of more than 2,000,000 
 35.10  gallons of water per day average in a 30-day period from the Red 
 35.11  River of the North for municipal water supply purposes.  
 35.12  Approval granted under this section is limited and the term of 
 35.13  the permit shall not exceed January 1, 2005. 
 35.14     Sec. 50.  [REPEALER.] 
 35.15     Minnesota Statutes 1998, sections 93.07; 93.08; 93.09; 
 35.16  93.10; 93.11; 93.12; 93.13; 93.18; 93.19; 93.191; 93.192; 
 35.17  93.202; 93.23; 93.24; 93.283; 93.285, subdivisions 4 and 5; 
 35.18  93.30; 93.31; 93.32; 93.335, subdivisions 4 and 5; 93.34, 
 35.19  subdivisions 1 and 3; 93.351; 93.352; 93.353; 93.354; 93.355; 
 35.20  93.356; 93.357; 93.37; 93.38; 93.39; 93.42; and 97B.312, are 
 35.21  repealed. 
 35.22     Sec. 51.  [EFFECTIVE DATE.] 
 35.23     Sections 37 and 40 are effective the day following final 
 35.24  enactment.