SF 3275

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/12/2010 04:58pm

A bill for an act
relating to state government; modifying appropriation to prevent water pollution
from polycyclic aromatic hydrocarbons; modifying certain administrative
accounts; modifying electronic transaction provisions; providing for certain
registration exemptions; modifying all-terrain vehicle definitions; modifying
all-terrain vehicle operation restrictions; modifying state trails and canoe
and boating routes; modifying fees and disposition of certain receipts;
modifying certain competitive bidding exemptions; modifying horse trail pass
provisions; modifying beaver dam provisions; modifying the Water Law;
modifying nongame wildlife checkoffs; establishing an Environment and
Natural Resources Organization Advisory Committee to advise legislature
and governor on new structure for administration of environment and natural
resource policies; requiring an advisory committee to consider all powers
and duties of Pollution Control Agency, Department of Natural Resources,
Environmental Quality Board, Board of Water and Soil Resources, Petroleum
Tank Release Compensation Board, Harmful Substances Compensation
Board, and Agricultural Chemical Response Compensation Board and certain
powers and duties of Departments of Agriculture, Health, Transportation,
and Commerce; modifying method of determining value of acquired stream
easements; providing for certain historic property exemption; modifying state
forest acquisition provisions; modifying certain requirements for land sales;
adding to and deleting from state parks and state forests; authorizing public
and private sales, conveyances, and exchanges of certain state land; amending
the definition of "green economy" to include the concept of "green chemistry;"
clarifying that an appropriation is to the commissioner of commerce; establishing
a program to provide rebates for solar photovoltaic modules; appropriating
money; amending Minnesota Statutes 2008, sections 84.025, subdivision 9;
84.027, subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777,
subdivision 2; 84.82, subdivision 3, by adding a subdivision; 84.92, subdivisions
9, 10; 84.922, subdivision 5, by adding a subdivision; 84.925, subdivision
1; 84.9256, subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40;
85.015, subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41,
subdivision 3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3;
88.79, subdivision 2; 89.032, subdivision 2; 90.041, by adding a subdivision;
90.121; 90.14; 97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3;
103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2;
103G.315, subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision
2; 115A.02; 116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by
adding a subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota
Statutes 2009 Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1;
84.9275, subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09,
subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 176,
article 4, section 9; Laws 2010, chapter 215, article 3, section 4, subdivision 10;
proposing coding for new law in Minnesota Statutes, chapters 85; 103G; 116C;
repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6,
7, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota Statutes
2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b.

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

ARTICLE 1

CLEAN WATER FUND

Section 1.

Minnesota Statutes 2008, section 473.1565, subdivision 2, is amended to
read:

Subd. 2.

Advisory committee.

(a) A Metropolitan Area Water Supply Advisory
Committee is established to assist the council in its planning activities in subdivision 1.
The advisory committee has the following membership:

(1) the commissioner of agriculture or the commissioner's designee;

(2) the commissioner of health or the commissioner's designee;

(3) the commissioner of natural resources or the commissioner's designee;

(4) the commissioner of the Pollution Control Agency or the commissioner's
designee;

(5) two officials of counties that are located in the metropolitan area, appointed by
the governor;

(6) five officials of noncounty local governmental units that are located in the
metropolitan area, appointed by the governor; and

(7) the chair of the Metropolitan Council or the chair's designee, who is chair of
the advisory committee.

A local government unit in each of the seven counties in the metropolitan area must
be represented in the seven appointments made under clauses (5) and (6).

(b) Members of the advisory committee appointed by the governor serve at the
pleasure of the governor. Members of the advisory committee serve without compensation
but may be reimbursed for their reasonable expenses as determined by the Metropolitan
Council. The advisory committee expires December 31, deleted text begin 2010 deleted text end new text begin 2012 new text end .

(c) The council must consider the work and recommendations of the advisory
committee when the council is preparing its regional development framework.

Sec. 2. new text begin APPLICATION.
new text end

new text begin Section 1 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 3. new text begin CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
new text end

new text begin (a) Up to $145,000 of the money appropriated in fiscal year 2011 to the Pollution
Control Agency in Laws 2009, chapter 172, article 2, section 4, paragraph (g), for best
management practices grants to treat or clean up contaminated sediments in stormwater
ponds may be used to complete the work required by the agency for the prevention of
water pollution from polycyclic aromatic hydrocarbons under Laws 2009, chapter 172,
article 2, section 28.
new text end

new text begin (b) The appropriations in fiscal years 2011 and 2012 to the Department of Natural
Resources for high-resolution digital elevation data in Laws 2009, chapter 172, article 2,
section 5, paragraph (d), are available until June 30, 2012.
new text end

Sec. 4. new text begin CLEAN WATER FUND APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Pollution Control Agency. new text end

new text begin $615,000 in fiscal year 2011 is
appropriated from the clean water fund to the commissioner of the Pollution Control
Agency to continue rulemaking to establish water quality standards for total nitrogen and
nitrate nitrogen. This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Department of Natural Resources. new text end

new text begin The $5,000,000 appropriated in Laws
2009, chapter 172, article 2, section 4, paragraph (m), for activities relating to groundwater
protection or prevention of groundwater degradation is canceled and reappropriated to the
commissioner of natural resources for the following purposes:
new text end

new text begin (1) establish a groundwater monitoring network in the 11-county metropolitan area
that monitors non-stressed systems to provide information on aquifer characteristics and
natural water level trends; and
new text end

new text begin (2) develop an automated data system to capture groundwater level and water use
data to enhance the evaluation of water resource changes in aquifer systems that are
stressed by pumping of existing wells. This is a onetime appropriation and is available
until spent.
new text end

Sec. 5. new text begin APPROPRIATION; WATER SUPPLY PLANNING ACTIVITIES.
new text end

new text begin $500,000 is appropriated in fiscal year 2011 from the clean water fund, pursuant to
Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund Metropolitan
Council water supply planning activities under section 473.1565. This appropriation
is onetime and available until expended.
new text end

Sec. 6. new text begin APPROPRIATION; WATER QUALITY PROJECTS THROUGH
VOLUNTEER PARTICIPATION; PILOT PROGRAM.
new text end

new text begin $100,000 in fiscal year 2010 and $100,000 in fiscal year 2011 are appropriated from
the clean water fund to the Board of Water and Soil Resources for grants to the Star
Lake Board established under Minnesota Statutes, section 103B.702, for the purpose of
establishing a pilot program to engage citizen volunteers to match private sector resources
to complete projects with long-term water quality restoration or protection benefits on
designated star lakes and rivers. The Star Lake Board may establish and implement a grant
program using money appropriated in this section only as authorized in a work program
approved by the Board of Water and Soil Resources. This is a onetime appropriation.
new text end

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES

Section 1.

Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:

Subd. 9.

Professional services support account.

The commissioner of natural
resources may bill new text begin other governmental units, including tribal governments, and new text end the
various programs carried out by the commissioner for the costs of providing them with
professional support services. Except as provided under section 89.421, receipts must be
credited to a special account in the state treasury and are appropriated to the commissioner
to pay the costs for which the billings were made.

The commissioner of natural resources shall submit to the commissioner of
management and budget before the start of each fiscal year a work plan showing the
estimated work to be done during the coming year, the estimated cost of doing the work,
and the positions and fees that will be necessary. This account is exempted from statewide
and agency indirect cost payments.

Sec. 2.

Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, deleted text begin duplicate deleted text end new text begin gift
card, new text end safety training certification, registration, or transfer under the jurisdiction of the
commissioner by electronic means, including by telephone. Notwithstanding section
97A.472, electronic and telephone transactions may be made outside of the state. The
commissioner may:

(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;

(2) assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or registration until
the license or registration is received or expires;

(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;

(4) charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic
bank card transaction in person must post a sign informing individuals of the fee. The
sign must be near the point of payment, clearly visible, include the amount of the fee, and
state: "License agents are allowed by state law to charge a fee not to exceed three percent
of the cost of state licenses to persons who use electronic bank cards for payment. The
fee is not required by state law.";

(5) establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and

(6) adopt rules to administer the provisions of this subdivision.

(b) The fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking procedures
of chapter 14 and section 14.386 does not apply.

(c) Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.

Sec. 3.

Minnesota Statutes 2008, section 84.0856, is amended to read:

84.0856 FLEET MANAGEMENT ACCOUNT.

The commissioner of natural resources may bill organizational units within
the Department of Natural Resources new text begin and other governmental units, including tribal
governments, new text end for the costs of providing them with equipment. Costs billed may include
acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts and interest earned on the receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

Sec. 4.

Minnesota Statutes 2008, section 84.0857, is amended to read:

84.0857 FACILITIES MANAGEMENT ACCOUNT.

(a) The commissioner of natural resources may bill organizational units within
the Department of Natural Resources new text begin and other governmental units, including tribal
governments, new text end for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and
other direct costs as determined by the commissioner. Receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

(b) Money deposited in the special account from the proceeds of a sale under section
94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.

Sec. 5.

Minnesota Statutes 2009 Supplement, section 84.415, subdivision 6, is
amended to read:

Subd. 6.

Supplemental application fee and monitoring fee.

(a) In addition to the
application fee and utility crossing fees specified in Minnesota Rules, the commissioner of
natural resources shall assess the applicant for a utility license the following fees:

(1) a supplemental application fee of $1,500 for a public water crossing license and a
supplemental application fee of deleted text begin $4,500 deleted text end new text begin $1,000 new text end for a public lands crossing license, to cover
reasonable costs for reviewing the application and preparing the license; and

(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of the license
to ensure proper construction. The commissioner must give the applicant an estimate of
the monitoring fee before the applicant submits the fee.

(b) The applicant shall pay fees under this subdivision to the commissioner of
natural resources. The commissioner shall not issue the license until the applicant has
paid all fees in full.

(c) Upon completion of construction of the improvement for which the license
or permit was issued, the commissioner shall refund the unobligated balance from the
monitoring fee revenue. The commissioner shall not return the application fees, even
if the application is withdrawn or denied.

Sec. 6.

Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:

Subd. 2.

Off-highway vehicle deleted text begin seasons deleted text end new text begin seasonal restrictions new text end .

(a) The commissioner
shall prescribe seasons for off-highway vehicle use on state forest lands. Except for
designated forest roads, a person must not operate an off-highway vehicle on state forest
lands new text begin : new text end new text begin (1) new text end outside of the seasons prescribed under this paragraph new text begin ; or (2) during the firearms
deer hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer hunting license operating an
off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m new text end .

(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.

(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.

Sec. 7.

Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is
amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) deleted text begin After January 1, 1995, deleted text end A
person less than 16 years of age operating an off-highway motorcycle on public lands
or waters must possess a valid off-highway motorcycle safety certificate issued by the
commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
by a person 18 years of age or older or participating in an event for which the
commissioner has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied by a person 18 years of
age or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on
public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph
(a), only if that person is accompanied by a person 18 years of age or older who holds a
valid driver's license.

new text begin (f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may
operate an off-highway motorcycle on public lands or waters if the nonresident youth has
in possession evidence of completing an off-road safety course offered by the Motorcycle
Safety Foundation or another state as provided in section 84.791, subdivision 4.
new text end

Sec. 8.

Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:

Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c, or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as
follows: $45 for three years and $4 for a duplicate or transfer.

(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.

(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.

new text begin (d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.
new text end

Sec. 9.

Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Exemption; collector unlimited snowmobile use. new text end

new text begin Snowmobiles may be
issued an exempt registration if the machine is at least 25 years old. Exempt registration is
valid from the date of issuance until ownership of the snowmobile is transferred. Exempt
registrations are not transferable.
new text end

Sec. 10.

Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:

Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than deleted text begin 900 deleted text end new text begin 1,000 new text end pounds.

Sec. 11.

Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:

Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of deleted text begin 900 deleted text end new text begin 1,000 new text end to deleted text begin 1,500 deleted text end new text begin 1,800 new text end pounds.

Sec. 12.

Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Collector unlimited use; exempt registration. new text end

new text begin All-terrain vehicles may
be issued an exempt registration if requested and the machine is at least 25 years old.
Exempt registration is valid from the date of issuance until ownership of the all-terrain
vehicle is transferred. Exempt registrations are not transferable.
new text end

Sec. 13.

Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:

Subd. 5.

Fees for registration.

(a) The fee for a three-year registration of
an all-terrain vehicle under this section, other than those registered by a dealer or
manufacturer under paragraph (b) or (c), is:

(1) for public use, $45;

(2) for private use, $6; and

(3) for a duplicate or transfer, $4.

(b) The total registration fee for all-terrain vehicles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not
transferable.

(c) The total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is $150 per
year. Manufacturer registrations are not transferable.

(d) new text begin The onetime fee for registration of an all-terrain vehicle under subdivision 2b
is $6.
new text end

new text begin (e) new text end The fees collected under this subdivision must be credited to the all-terrain
vehicle account.

Sec. 14.

Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training
program, including the preparation and dissemination of vehicle information and safety
advice to the public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and
training course.

(b) For the purpose of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall collect a fee
of $15 from each person who receives the training. The commissioner shall collect a fee,
to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
vehicle safety certificate that neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service. Fee proceeds, except for the
issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain
vehicle account in the natural resources fund. In addition to the fee established by the
commissioner, instructors may charge each person deleted text begin the cost of deleted text end new text begin up to the established fee
amount for new text end class deleted text begin material deleted text end new text begin materials new text end and expenses.

(c) The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under this section. School districts may cooperate with the commissioner
and volunteer instructors to provide space for the classroom portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to training
program subject matter and performance testing that leads to the certification of vehicle
operators. By June 30, 2003, the commissioner shall incorporate a riding component in
the safety education and training program.

Sec. 15.

Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on
public road rights-of-way that is permitted under section 84.928, a driver's license issued
by the state or another state is required to operate an all-terrain vehicle along or on a
public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of
age but less than 16 years may make a direct crossing of a public road right-of-way of a
trunk, county state-aid, or county highway or operate on public lands deleted text begin and deleted text end new text begin or new text end waters or
state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
certificate issued by the commissioner and is accompanied deleted text begin on another all-terrain vehicle deleted text end
by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.

new text begin (i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16 years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands or waters
or state or grant-in-aid trails if:
new text end

new text begin (1) the nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided in section
84.925, subdivision 3; and
new text end

new text begin (2) the nonresident youth is accompanied by a person 18 years of age or older who
holds a valid driver's license.
new text end

Sec. 16.

Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is
amended to read:

Subdivision 1.

Pass required; fee.

(a) A nonresident may not operate an all-terrain
vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.

(b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to
counties and municipalities for all-terrain vehicle organizations to construct and maintain
all-terrain vehicle trails and use areas.

(c) A nonresident all-terrain vehicle state trail pass is not required for:

(1) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a; deleted text begin or
deleted text end

(2) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent new text begin ; or
new text end

new text begin (3) a nonresident operating an all-terrain vehicle that is registered according to
section 84.922 new text end .

Sec. 17.

Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is
amended to read:

Subdivision 1.

Operation on roads and rights-of-way.

(a) Unless otherwise
allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in
this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph (d) or (f).

(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand side of
the road and left turns may be made from any part of the road if it is safe to do so under
the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
bank or slope of a trunk, interstate, county state-aid, or county highway new text begin : new text end

new text begin (1) that is part of a funded grant-in-aid trail; or
new text end

new text begin (2) new text end when the all-terrain vehicle is deleted text begin :
deleted text end

deleted text begin (1) deleted text end owned by or operated under contract with a publicly or privately owned utility
or pipeline company deleted text begin ; deleted text end and

deleted text begin (2) deleted text end used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.

The commissioner must notify the road authority as soon as it is known that a closure
will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used
for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
side of the road, and left turns may be made from any part of the road if it is safe to do so
under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway between the hours of one-half
hour after sunset to one-half hour before sunrise, except on the right-hand side of the
right-of-way and in the same direction as the highway traffic on the nearest lane of the
adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.

Sec. 18.

Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:

Subd. 5.

Organized contests, use of highways and public lands and waters.

new text begin (a)
new text end Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the
right-of-way of a state trunk or county state-aid highway or upon public lands or waters
under the jurisdiction of the commissioner of natural resources, in an organized contest or
event, subject to the consent of the official or board having jurisdiction over the highway
or public lands or waters.

new text begin (b) new text end In permitting the contest or event, the official or board having jurisdiction may
prescribe restrictions or conditions as they may deem advisable.

new text begin (c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under
12 years of age may operate an all-terrain vehicle in an organized contest on public lands
or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person
complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised
by a person 18 years of age or older.
new text end

Sec. 19.

Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is
amended to read:

Subd. 13.

Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) The Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate new text begin ;
new text end

new text begin (4) The Becky Lourey Trail shall originate in Duluth in St. Louis County and extend
southerly to St. Croix State Forest in Pine County new text end .

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

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 20.

Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:

Subd. 14.

Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis,
Carlton, and Washington Counties.

(a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the State Capitol
and extend northerly and northeasterly to William O'Brien State Park, thence northerly
to Taylors Falls in Chisago County. deleted text begin One segment shall be known as the Boundary Trail
and shall originate in Chisago County and extend into Duluth in St. Louis County. deleted text end One
segment shall be known as the Browns Creek Trail and shall originate at Duluth Junction
and extend into Stillwater in Washington County. One segment shall be known as the
Munger Trail and shall originate at Hinckley in Pine County and extend through Moose
Lake in Carlton County to Duluth in St. Louis County. One segment shall be known
as the Alex Laveau Trail and shall originate in Carlton County at Carlton and extend
through Wrenshall to the Minnesota-Wisconsin border. One segment shall be established
that extends the trail to include the cities of Proctor, Duluth, and Hermantown in St.
Louis County.

(b) The Gateway and Browns Creek Trails shall be developed primarily for hiking
and nonmotorized riding and the remaining trails shall be developed primarily for riding
and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Gateway and Browns Creek Trails may be acquired by eminent domain.

Sec. 21.

Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:

Subd. 5.

Exemption.

Purchases new text begin for resale or rental new text end made from the state parks
working capital deleted text begin fund deleted text end new text begin account new text end are exempt from competitive bidding, notwithstanding
chapter 16C.

Sec. 22.

Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

Areas marked.

The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark deleted text begin canoe and boating routes deleted text end new text begin state water trails new text end on the Little Fork, Big Fork,
Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines,
Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre
within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in
Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North,
Sauk, Otter Tail, Redwood, new text begin Blue Earth, new text end and Crow Rivers which have historic and scenic
values and to mark appropriately points of interest, portages, camp sites, and all dams,
rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe new text begin ,
kayak, new text end and watercraft travelers.

Sec. 23.

Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read:

Subd. 3.

Exemptions.

new text begin (a) new text end Participants in cross-country ski races deleted text begin and official school
activities deleted text end and residents of a state or local government operated correctional facility are
exempt from the pass requirement in subdivision 1 if a special use permit has been
obtained by the organizers of the event or those in an official capacity in advance from the
agency with jurisdiction over the cross-country ski trail. Permits shall require that permit
holders return the trail and any associated facility to its original condition if any damage
is done by the permittee. Limited permits for special events may be issued and shall
require the removal of any trail markers, banners, and other material used in connection
with the special event.

new text begin (b) Unless otherwise exempted under paragraph (a), students, teachers, and
supervising adults engaged in school-sanctioned activities or youth activities sponsored
by a nonprofit organization are exempt from the pass requirements in subdivision 1.
Prior to the activity, the organizer of the activity or a representative from the school or
organization shall notify the agency with jurisdiction over the cross-country ski trail of
the date and time of the activity.
new text end

new text begin (c) A resident that is in the armed forces of the United States, stationed outside of
the state, and in the state on leave is exempt from the pass requirement in subdivision 1 if
the resident possesses official military leave papers.
new text end

new text begin (d) A resident who has served at any time during the preceding 24 months in federal
active service, as defined in section 190.05, subdivision 5c, outside the United States as
a member of the National Guard, or as a reserve component or active duty member of
the United Stated armed forces and has been discharged from active service is exempt
from the pass requirement in subdivision 1 if the resident possesses official military
discharge papers.
new text end

Sec. 24.

Minnesota Statutes 2008, section 85.42, is amended to read:

85.42 USER FEE; VALIDITY.

(a) The fee for an annual cross-country ski pass is deleted text begin $14 deleted text end new text begin $19 new text end for an individual age 16
and over. The fee for a three-year pass is deleted text begin $39 deleted text end new text begin $54 new text end for an individual age 16 and over. This
fee shall be collected at the time the pass is purchased. Three-year passes are valid for
three years beginning the previous July 1. Annual passes are valid for one year beginning
the previous July 1.

(b) The cost for a daily cross-country skier pass is deleted text begin $4 deleted text end new text begin $5 new text end for an individual age 16 and
over. This fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) A pass must be signed by the skier across the front of the pass to be valid and
becomes nontransferable on signing.

Sec. 25.

Minnesota Statutes 2008, section 85.43, is amended to read:

85.43 DISPOSITION OF RECEIPTS; PURPOSE.

Fees from cross-country ski passes shall be deposited in the state treasury and
credited to a cross-country ski account in the natural resources fund and, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, are appropriated to the commissioner of natural resources for
new text begin the following purposes:
new text end

new text begin (1) new text end grants-in-aid for cross-country ski trails deleted text begin sponsored by deleted text end new text begin to:
new text end

new text begin (i) new text end deleted text begin local units of government deleted text end new text begin counties and municipalities for construction and
maintenance of cross-country ski trails; new text end and

new text begin (ii) new text end special park districts as provided in section 85.44 new text begin for construction and
maintenance of cross-country ski trails; and
new text end

new text begin (2) development and maintenance of state cross-country ski trails new text end .

Sec. 26.

Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter
37, article 1, sections 22 to 24, is amended to read:

85.46 HORSE deleted text begin TRAIL deleted text end PASS.

Subdivision 1.

Pass in possession.

(a) Except as provided in paragraph (b), while
riding, leading, or driving a horse deleted text begin on horse trails and associated day use areas on state
trails, in state parks, in state recreation areas, and in state forests, deleted text end new text begin on lands administered by
the commissioner, new text end a person 16 years of age or over shall carry in immediate possession
a valid horse deleted text begin trail deleted text end pass. The pass must be available for inspection by a peace officer, a
conservation officer, or an employee designated under section 84.0835.

(b) A valid horse deleted text begin trail deleted text end pass is not required under this section for a person riding,
leading, or driving a horse deleted text begin only deleted text end on deleted text begin the portion of a horse trail deleted text end new text begin property new text end that is owned by
the person or the person's spouse, child, parent, or guardian.

Subd. 2.

License agents.

(a) The commissioner of natural resources may appoint
agents to issue and sell horse deleted text begin trail deleted text end passes. The commissioner may revoke the appointment
of an agent at any time.

(b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.

(c) An agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.

Subd. 3.

Issuance.

The commissioner of natural resources and agents shall issue
and sell horse deleted text begin trail deleted text end passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a daily or annual pass
must be signed by the person riding, leading, or driving the horse, and a commercial
annual pass must be signed by the owner of the commercial deleted text begin trail deleted text end riding facility.

Subd. 4.

Pass fees.

(a) The fee for an annual horse deleted text begin trail deleted text end pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.

(b) The fee for a daily horse deleted text begin trail deleted text end pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.

(c) The fee for a commercial annual horse deleted text begin trail deleted text end pass is $200 and includes issuance
of 15 passes. Additional or individual commercial annual horse deleted text begin trail deleted text end passes may be
purchased by the commercial deleted text begin trail deleted text end riding facility owner at a fee of $20 each. Commercial
annual horse deleted text begin trail deleted text end passes are valid for one year beginning January 1 and ending December
31 and may be affixed to the horse tack, saddle, or person. Commercial annual horse deleted text begin trail deleted text end
passes are not transferable to another commercial deleted text begin trail deleted text end riding facility. For the purposes of
this section, a "commercial deleted text begin trail deleted text end riding facility" is an operation where horses are used for
riding instruction or other equestrian activities for hire or use by others.

Subd. 5.

Issuing fee.

In addition to the fee for a horse deleted text begin trail deleted text end pass, an issuing fee of
$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
Issuing fees for passes sold by the commissioner of natural resources shall be deposited
in the state treasury and credited to the horse deleted text begin trail deleted text end new text begin pass new text end account in the natural resources
fund and are appropriated to the commissioner for the operation of the electronic licensing
system. A pass shall indicate the amount of the fee that is retained by the seller.

Subd. 6.

Disposition of receipts.

Fees collected under this section, except for
the issuing fee, shall be deposited in the state treasury and credited to the horse deleted text begin trail deleted text end
new text begin pass new text end account in the natural resources fund. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, the
fees are appropriated to the commissioner of natural resources for trail acquisition, trail and
facility development, and maintenance, enforcement, and rehabilitation of horse trails or
trails authorized for horse use, whether for riding, leading, or driving, on deleted text begin state trails and in
state parks, state recreation areas, and state forests deleted text end new text begin land administered by the commissioner new text end .

Subd. 7.

Duplicate horse deleted text begin trail deleted text end passes.

The commissioner of natural resources and
agents shall issue a duplicate pass to a person or commercial deleted text begin trail deleted text end riding facility owner
whose pass is lost or destroyed using the process established under section 97A.405,
subdivision 3, and rules adopted thereunder. The fee for a duplicate horse deleted text begin trail deleted text end pass is $2,
with an issuing fee of 50 cents.

Sec. 27.

Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is
amended to read:

Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, new text begin for scientific and natural
areas, new text end for water access sites, for aquatic management areas, for rest areas, or for boater
waysides.

Sec. 28.

Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Permit deleted text end new text begin Permission new text end required.

(a) deleted text begin A permit deleted text end new text begin Permission new text end to start a fire
to burn vegetative materials and other materials allowed by Minnesota Statutes or official
state rules and regulations may be given by the commissioner or the commissioner's agent.
This permission shall be in the form of:

(1) a written permit issued by a forest officer, fire warden, or other person authorized
by the commissioner; deleted text begin or
deleted text end

(2) an electronic permit issued by the commissioner, an agent authorized by the
commissioner, or an Internet site authorized by the commissioner new text begin ; or
new text end

new text begin (3) a general permit adopted by the county board of commissioners according to
paragraph (c) new text end .

(b) new text begin Written and electronic new text end burning permits shall set the time and conditions by which
the fire may be started and burned. The permit shall also specifically list the materials that
may be burned. The permittee must have the permit on their person and shall produce
the permit for inspection when requested to do so by a forest officer, conservation officer,
or other peace officer. The permittee shall remain with the fire at all times and before
leaving the site shall completely extinguish the fire. A person shall not start or cause a
fire to be started on any land that is not owned or under their legal control without the
written permission of the owner, lessee, or an agent of the owner or lessee of the land.
Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be
cause for the permit to be revoked.

new text begin (c) A general burning permit may be adopted by the county board of commissioners
in counties that are determined by the commissioner either to not be wildfire areas as
defined in section 88.01, subdivision 6, or to otherwise have low potential for damage
to life and property from wildfire. The commissioner shall consider the history of and
potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative
material; and the distribution of property subject to damage from escaped fires. Upon a
determination by the commissioner and adoption by a vote of the county board, permission
for open burning is extended to all residents in the county without the need for individual
written or electronic permits under this subdivision, provided burning conforms to all
other provisions of this chapter, including those related to responsibility to control and
extinguish fires, no burning of prohibited materials, and liability for damages caused by
violations of this chapter.
new text end

new text begin (d) Upon adoption of a general burning permit, a county must establish specific
regulations by ordinance, to include at a minimum the time when and conditions under
which fires may be started and burned. No ordinance may be less restrictive than state law.
new text end

new text begin (e) At any time when the commissioner or the county board determines that a general
burning permit is no longer in the public interest, the general permit may be canceled
by the commissioner or the county board.
new text end

Sec. 29.

Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read:

Subd. 3.

Special permits.

The following special permits are required at all times,
including when the ground is snow-covered:

(a) Fire training. A permit to start a fire for the instruction and training of
firefighters, including liquid fuels training, may be given by the commissioner or agent of
the commissioner. Except for owners or operators conducting fire training in specialized
industrial settings pursuant to applicable federal, state, or local standards, owners
or operators conducting open burning for the purpose of instruction and training of
firefighters with regard to structures must follow the techniques described in a document
entitled: Structural Burn Training Procedures for the Minnesota Technical College System.

(b) Permanent tree and brush open burning sites. A permit for the operation of
a permanent tree and brush burning site may be given by the commissioner or agent of
the commissioner. Applicants for a permanent open burning site permit shall submit a
complete application on a form provided by the commissioner. Existing permanent tree
and brush open burning sites must submit for a permit within 90 days of the passage of
this statute for a burning permit. New site applications must be submitted at least 90
days before the date of the proposed operation of the permanent open burning site. The
application must be submitted to the commissioner and must contain:

(1) the name, address, and telephone number of all owners of the site proposed for
use as the permanent open burning site;

(2) if the operator for the proposed permanent open burning site is different from the
owner, the name, address, and telephone number of the operator;

(3) a general description of the materials to be burned, including the source and
estimated quantity new text begin , dimensions of the site and burn pile areas, hours and dates of operation,
and provisions for smoke management new text end ; and

(4) a topographic or similarly detailed map of the site and surrounding area within
a one mile circumference showing all structures that might be affected by the operation
of the site.

Only trees, tree trimmings, or brush that cannot be disposed of by an alternative
method such as chipping, composting, or other method shall be permitted to be burned
at a permanent open burning site. A permanent tree and brush open burning site must
be located new text begin and operated new text end so as not to create a nuisance or endanger water quality. new text begin The
commissioner shall revoke the permit or order actions to mitigate threats to public health,
safety, and the environment in the event that permit conditions are violated.
new text end

Sec. 30.

Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read:

Subd. 2.

Charge for service; receipts to special revenue fund.

new text begin Notwithstanding
section 16A.1283, new text end the commissioner of natural resources may deleted text begin charge the owner deleted text end new text begin , by
written order published in the State Register, establish fees the commissioner determines
to be fair and reasonable that are charged to owners new text end receiving deleted text begin such deleted text end services deleted text begin such sums
as the commissioner shall determine to be fair and reasonable deleted text end new text begin under subdivision 1 new text end . The
charges must account for differences in the value of timber and other benefits. The receipts
from deleted text begin such deleted text end new text begin the new text end services shall be credited to the special revenue fund and are annually
appropriated to the commissioner for the purposes specified in subdivision 1.

Sec. 31.

Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Reoffering unsold timber. new text end

new text begin To maintain and enhance forest ecosystems on
state forest lands, the commissioner may reoffer timber tracts remaining unsold under the
provisions of section 90.101 below appraised value at public auction with the required
30-day notice under section 90.101, subdivision 2.
new text end

Sec. 32.

Minnesota Statutes 2008, section 90.121, is amended to read:

90.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000
CORDS.

(a) The commissioner may sell the timber on any tract of state land in lots not
exceeding 3,000 cords in volume, in the same manner as timber sold at public auction
under section 90.101, and related laws, subject to the following special exceptions and
limitations:

(1) the commissioner shall offer all tracts authorized for sale by this section
separately from the sale of tracts of state timber made pursuant to section 90.101;

(2) no bidder may be awarded more than 25 percent of the total tracts offered at the
first round of bidding unless fewer than four tracts are offered, in which case not more
than one tract shall be awarded to one bidder. Any tract not sold at public auction may be
offered for private sale as authorized by section 90.101, subdivision 1, to persons eligible
under this section at the appraised value; and

(3) no sale may be made to a person having more than deleted text begin 20 deleted text end new text begin 30 new text end employees. For the
purposes of this clause, "employee" means an individual working for salary or wages
on a full-time or part-time basis.

(b) The auction sale procedure set forth in this section constitutes an additional
alternative timber sale procedure available to the commissioner and is not intended to
replace other authority possessed by the commissioner to sell timber in lots of 3,000
cords or less.

new text begin (c) Another bidder or the commissioner may request that the number of employees a
bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the
bidder may be ineligible due to exceeding the employee threshold. The commissioner
shall request information from the commissioner of labor and industry including the
premiums paid by the bidder in question for workers' compensation insurance coverage
for all employees of the bidder. The commissioner shall review the information submitted
by the commissioner of labor and industry and make a determination based on the
information as to whether the bidder is eligible.
new text end

Sec. 33.

Minnesota Statutes 2008, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it
was appraised. No tract shall be sold to any person other than the purchaser in whose name
the bid was made. The commissioner may refuse to approve any and all bids received and
cancel a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the
bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under
section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent
of the appraised value. In case any purchaser fails to make such payment, the purchaser
shall be liable therefor to the state in a civil action, and the commissioner may reoffer the
timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor
had been made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of
state timber may, at the time of payment by the purchaser to the commissioner of 15
percent of the appraised value, elect in writing on a form prescribed by the attorney
general to purchase a permit based solely on the appraiser's estimate of the volume of
timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as
required under section 90.101. A purchaser who elects in writing on a form prescribed
by the attorney general to purchase a permit based solely on the appraiser's estimate of
the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall
be awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value deleted text begin within ten business days of receiving a written award
notice deleted text end new text begin that must be received or postmarked within 14 days of the date of the sealed bid
opening new text end . If a purchaser fails to make the down payment, the purchaser is liable for the
down payment to the state and the commissioner may offer the timber for sale to the next
highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit
issued under section 90.151, the new text begin commissioner shall require the new text end purchaser deleted text begin shall deleted text end new text begin to new text end make
a bid guarantee payment to the commissioner in an amount equal to 15 percent of the
total purchase price of the permit less the down payment amount required by paragraph
(b) new text begin for any bid increase in excess of $5,000 of the appraised value new text end . If deleted text begin the deleted text end new text begin a required new text end bid
guarantee payment is not submitted with the signed permit, no harvesting may occur, the
permit cancels, and the down payment for timber forfeits to the state. The bid guarantee
payment forfeits to the state if the purchaser and successors in interest fail to execute
an effective permit.

Sec. 34.

Minnesota Statutes 2008, section 97B.665, subdivision 2, is amended to read:

Subd. 2.

Petition to district court.

If a beaver dam causes a threat to personal
safety or a serious threat to damage property, deleted text begin and a person cannot obtain consent under
subdivision 1, deleted text end a person may petition the district court for relief. The court may order the
deleted text begin commissioner deleted text end new text begin owners of private property where beaver dams are located new text end to take action
to reduce the threat. new text begin A permit is not required for an action ordered by the court. new text end new text begin The
action may include destruction or alteration of beaver dams and removal of beaver. This
subdivision does not apply to state parks, state game refuges, and federal game refuges.
new text end

Sec. 35.

Minnesota Statutes 2008, section 103A.305, is amended to read:

103A.305 JURISDICTION.

Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding
involves a question of water policy in one or more of the areas of water conservation, water
pollution, preservation and management of wildlife, drainage, soil conservation, public
recreation, forest management, and municipal planning under section 97A.135; 103A.411;
103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; deleted text begin 103G.295,
subdivisions 1 and 2; deleted text end new text begin ; new text end 103G.297 to 103G.311; 103G.315, subdivisions 1, 10,
11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.

Sec. 36.

Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:

103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall maintain a public waters inventory map of each county
that shows the waters of this state that are designated as public waters under the public
waters inventory and classification procedures prescribed under Laws 1979, chapter
199, and shall provide access to a copy of the maps deleted text begin and lists deleted text end . As county public waters
inventory maps deleted text begin and lists deleted text end are revised according to this section, the commissioner shall send
a notification or a copy of the maps deleted text begin and lists deleted text end to the auditor of each affected county.

(b) The commissioner is authorized to revise the deleted text begin list deleted text end new text begin map new text end of public waters established
under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as
wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify
public waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner
under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States (Cowardin,
et al., 1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or
shores of the public waters wetlands, subsequent to the preparation of the public waters
inventory map filed with the auditor of the county, pursuant to paragraph (a), and the
responsible state or federal agency declares that the water is necessary for the purposes
of the public ownership.

(c) The commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for the area, and
the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution stating
objections to the reclassification. If the commissioner receives an objection from a party
required to receive the notice, the reclassification is not effective. If the commissioner does
not receive an objection from a party required to receive the notice, the reclassification
of a wetland under paragraph (b) is effective 60 days after the notice is received by all
of the parties.

(d) The commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map deleted text begin and list deleted text end of each
county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds
50 acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a
requirement of a permit authorized by the commissioner under section 103G.245.

Sec. 37.

Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:

Subd. 3.

Permit restriction during summer months.

The commissioner must not
modify or restrict the amount of appropriation from a groundwater source authorized in a
water use permit issued to irrigate agricultural land deleted text begin under section 103G.295, subdivision
2, deleted text end between May 1 and October 1, unless the commissioner determines the authorized
amount of appropriation endangers a domestic water supply.

Sec. 38.

new text begin [103G.282] MONITORING TO EVALUATE IMPACTS FROM
APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Monitoring equipment. new text end

new text begin The commissioner may require the
installation and maintenance of monitoring equipment to evaluate water resource impacts
from permitted appropriations and proposed projects that require a permit. Monitoring for
water resources that supply more than one appropriator must be designed to minimize
costs to individual appropriators.
new text end

new text begin Subd. 2. new text end

new text begin Measuring devices required. new text end

new text begin Monitoring installations required under
subdivision 1 must be equipped with automated measuring devices to measure water
levels, flows, or conditions. The commissioner may determine the frequency of
measurements and other measuring methods based on the quantity of water appropriated
or used, the source of water, potential connections to other water resources, the method
of appropriating or using water, seasonal and long-term changes in water levels, and any
other facts supplied to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Reports and costs. new text end

new text begin (a) Records of water measurements under subdivision
2 must be kept for each installation. The measurements must be reported annually to the
commissioner on or before February 15 of the following year in a format or on forms
prescribed by the commissioner.
new text end

new text begin (b) The owner or person in charge of an installation for appropriating or using
waters of the state or a proposal that requires a permit is responsible for all costs related
to establishing and maintaining monitoring installations and to measuring and reporting
data. Monitoring costs for water resources that supply more than one appropriator may be
distributed among all users within a monitoring area determined by the commissioner and
assessed based on volumes of water appropriated and proximity to resources of concern.
new text end

Sec. 39.

Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:

Subd. 5.

Trout streams.

Permits issued after June 3, 1977, to appropriate water
from streams designated trout streams by the commissioner's orders under section deleted text begin 97C.021 deleted text end
new text begin 97C.005 new text end must be limited to temporary appropriations.

Sec. 40.

new text begin [103G.287] GROUNDWATER APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Waiver. new text end

new text begin The commissioner may waive a limitation or requirement in
subdivisions 2 to 6 for just cause.
new text end

new text begin Subd. 2. new text end

new text begin Applications for groundwater appropriations. new text end

new text begin Groundwater use permit
applications are not complete until the applicant has supplied:
new text end

new text begin (1) a water well record as required by section 103I.205, subdivision 9, information
on the subsurface geologic formations penetrated by the well and the formation or aquifer
that will serve as the water source, and geologic information from test holes drilled to
locate the site of the production well;
new text end

new text begin (2) the maximum daily, seasonal, and annual pumpage rates and volumes being
requested;
new text end

new text begin (3) information on groundwater quality in terms of the measures of quality
commonly specified for the proposed water use and details on water treatment necessary
for the proposed use;
new text end

new text begin (4) an inventory of existing wells within 1-1/2 miles of the proposed production well
or within the area of influence, as determined by the commissioner. The inventory must
include information on well locations, depths, geologic formations, depth of the pump or
intake, pumping and nonpumping water levels, and details of well construction; and
new text end

new text begin (5) the results of an aquifer test completed according to specifications approved by
the commissioner. The test must be conducted at the maximum pumping rate requested
in the application and for a length of time adequate to assess or predict impacts to other
wells and surface water and groundwater resources. The permit applicant is responsible
for all costs related to the aquifer test, including the construction of groundwater and
surface water monitoring installations, and water level readings before, during, and after
the aquifer test.
new text end

new text begin Subd. 3. new text end

new text begin Relationship to surface water resources. new text end

new text begin Groundwater appropriations
that have potential impacts to surface waters are subject to applicable provisions in
section 103G.285.
new text end

new text begin Subd. 4. new text end

new text begin Protection of groundwater supplies. new text end

new text begin The commissioner may establish
water appropriation limits to protect groundwater resources. When establishing water
appropriation limits to protect groundwater resources, the commissioner must consider
current and projected water levels and water supply management objectives in section
103G.265, subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Groundwater management areas. new text end

new text begin The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses
within a designated area to ensure future supplies. Water appropriations and uses within a
designated management area must be consistent with a plan approved by the commissioner
that addresses water conservation requirements and water allocation priorities established
in section 103G.261.
new text end

new text begin Subd. 6. new text end

new text begin Interference with other wells. new text end

new text begin The commissioner may issue water use
permits for appropriation from groundwater only if the commissioner determines that
adequate water supplies are available for the proposed use without reducing water levels
beyond the reach of public water supply and private domestic wells constructed according
to Minnesota Rules, chapter 4725.
new text end

Sec. 41.

Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:

Subd. 6.

Filing application.

deleted text begin (a) deleted text end An application for a permit must be filed with the
commissioner and if the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, a copy of the application with maps, plans, and specifications must be served on
the mayor of the municipality, the secretary of the board of managers of the watershed
district, and the secretary of the board of supervisors of the soil and water conservation
district.

deleted text begin (b) If the application is required to be served on a local governmental unit under
this subdivision, proof of service must be included with the application and filed with
the commissioner.
deleted text end

Sec. 42.

Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:

Subd. 2.

Exception.

The requirements of subdivision 1 do not apply to applications
for a water use permit for:

(1) deleted text begin appropriations from waters of the state for irrigation, under section 103G.295; deleted text end

deleted text begin (2) deleted text end appropriations for diversion from the basin of origin of more than 2,000,000
gallons per day average in a 30-day period; or

deleted text begin (3) deleted text end new text begin (2) new text end appropriations with a consumptive use of more than 2,000,000 gallons per
day average for a 30-day period.

Sec. 43.

Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to
read:

Subd. 11.

Limitations on permits.

(a) Except as otherwise expressly provided by
law, a permit issued by the commissioner under this chapter is subject to:

(1) cancellation by the commissioner at any time if necessary to protect the public
interests;

(2) further conditions on the term of the permit or its cancellation as the
commissioner may prescribe and amend and reissue the permit; and

(3) applicable law existing before or after the issuance of the permit.

(b) Permits issued to irrigate agricultural land deleted text begin under section 103G.295, or considered
issued, deleted text end are subject to this subdivision and are subject to cancellation by the commissioner
upon the recommendation of the supervisors of the soil and water conservation district
where the land to be irrigated is located.

Sec. 44.

Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:

Subd. 5.

Removal of hazardous dams.

Notwithstanding any provision of
this section or of section 103G.511 relating to cost sharing or apportionment, the
commissioner, within the limits of legislative appropriation, may assume or pay the entire
cost of removal of a privately or publicly owned dam upon determining new text begin removal provides
the lowest cost solution and:
new text end

new text begin (1) new text end that continued existence of the structure presents a significant public safety
hazard, or prevents restoration of an important fisheries resource deleted text begin , deleted text end new text begin ; new text end or

new text begin (2) new text end that public or private property is being damaged due to partial failure of the
structure deleted text begin , and that an attempt to assess costs of removal against the private or public
owner would be of no avail deleted text end .

Sec. 45.

Minnesota Statutes 2008, section 103G.615, subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative
days after it has been reported to the legislature. The fees shall be based upon the cost
of receiving, processing, analyzing, and issuing the permit, and additional costs incurred
after the application to inspect and monitor the activities authorized by the permit, and
enforce aquatic plant management rules and permit requirements.

(b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous
parcel of shoreline owned by an owner may be charged. This fee may not be charged for
permits issued in connection with purple loosestrife control or lakewide Eurasian water
milfoil control programs.

(c) A fee may not be charged to the state or a federal governmental agency applying
for a permit.

(d) new text begin A fee for a permit for the control of rooted aquatic vegetation in a public
water basin that is 20 acres or less in size shall be one-half of the fee established under
paragraph (a).
new text end

new text begin (e) new text end The money received for the permits under this subdivision shall be deposited in
the treasury and credited to the water recreation account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 46.

new text begin [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS
PROHIBITED.
new text end

new text begin The commissioner of natural resources must not issue leases to remove sunken logs
or issue permits for the removal of sunken logs from public waters.
new text end

Sec. 47.

Minnesota Statutes 2008, section 115A.02, is amended to read:

115A.02 LEGISLATIVE DECLARATION OF POLICY; PURPOSES.

(a) It is the goal of this chapter to protect the state's land, air, water, and other natural
resources and the public health by improving waste management in the state to serve
the following purposes:

(1) reduction in the amount and toxicity of waste generated;

(2) separation and recovery of materials and energy from waste;

(3) reduction in indiscriminate dependence on disposal of waste;

(4) coordination of solid waste management among political subdivisions; and

(5) orderly and deliberate development and financial security of waste facilities
including disposal facilities.

(b) The waste management goal of the state is to foster an integrated waste
management system in a manner appropriate to the characteristics of the waste stream
and thereby protect the state's land, air, water, and other natural resources and the public
health. The following waste management practices are in order of preference:

(1) waste reduction and reuse;

(2) waste recycling;

(3) composting of new text begin source-separated compostable materials, including but not limited
to, new text end yard waste and food waste;

(4) resource recovery through mixed municipal solid waste composting or
incineration;

(5) land disposal which produces no measurable methane gas or which involves the
retrieval of methane gas as a fuel for the production of energy to be used on-site or for
sale; and

(6) land disposal which produces measurable methane and which does not involve
the retrieval of methane gas as a fuel for the production of energy to be used on-site
or for sale.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 48.

Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read:

Subd. 4.

Rules and standards.

new text begin (a) new text end Pursuant and subject to the provisions of chapter
14, and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind
rules and standards having the force of law relating to any purpose within the provisions
of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution.
Any such rule or standard may be of general application throughout the state, or may be
limited as to times, places, circumstances, or conditions in order to make due allowance
for variations therein. Without limitation, rules or standards may relate to sources or
emissions of air contamination or air pollution, to the quality or composition of such
emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or
to any other matter relevant to the prevention, abatement, or control of air pollution.

new text begin (b) new text end Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
the Pollution Control Agency may adopt, amend, and rescind rules and standards having
the force of law relating to any purpose within the provisions of Laws 1969, chapter
1046, for the collection, transportation, storage, processing, and disposal of solid waste
and the prevention, abatement, or control of water, air, and land pollution which may be
related thereto, and the deposit in or on land of any other material that may tend to cause
pollution. The agency shall adopt such rules and standards for sewage sludge, addressing
the intrinsic suitability of land, the volume and rate of application of sewage sludge of
various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites.
Any such rule or standard may be of general application throughout the state or may be
limited as to times, places, circumstances, or conditions in order to make due allowance
for variations therein. Without limitation, rules or standards may relate to collection,
transportation, processing, disposal, equipment, location, procedures, methods, systems
or techniques or to any other matter relevant to the prevention, abatement or control of
water, air, and land pollution which may be advised through the control of collection,
transportation, processing, and disposal of solid waste and sewage sludge, and the deposit
in or on land of any other material that may tend to cause pollution. By January 1, 1983,
the rules for the management of sewage sludge shall include an analysis of the sewage
sludge determined by the commissioner of agriculture to be necessary to meet the soil
amendment labeling requirements of section 18C.215.

new text begin (c) new text end The rules for the disposal of solid waste shall include site-specific criteria to
deleted text begin prohibit solid waste disposal deleted text end new text begin determine site suitability new text end based on the area's sensitivity
to groundwater contamination, including site-specific testing. new text begin The rules shall provide
criteria for locating landfills based on a site's sensitivity to groundwater contamination.
Sensitivity to groundwater contamination is based on the predicted minimum time of
travel of groundwater contaminants from the solid waste to the compliance boundary. The
rules shall prohibit landfills in areas where karst is likely to develop. The rules shall
specify testable or otherwise objective thresholds for these criteria. new text end The rules shall also
include modifications to financial assurance requirements under subdivision 4h that ensure
the state is protected from financial responsibility for future groundwater contamination.
new text begin The financial assurance and siting modifications to the rules specified in this paragraph
do not apply to:
new text end

new text begin (1) solid waste facilities initially permitted before January 1, 2011, including future
contiguous expansions and noncontiguous expansions within 600 yards of a permitted
boundary;
new text end

new text begin (2) solid waste disposal facilities that accept only construction and demolition debris
and incidental nonrecyclable packaging, and facilities that accept only industrial waste
that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting
from the manufacture of construction materials; and
new text end

new text begin (3) requirements for permit by rule solid waste disposal facilities.
new text end

new text begin (d) new text end Until the rules are modified new text begin as provided in paragraph (c) new text end to include site-specific
criteria to deleted text begin prohibit areas from deleted text end new text begin determine site suitability for new text end solid waste disposal due to
groundwater contamination sensitivity, as required under this section, the agency shall not
issue a permit for a new solid waste disposal facility, except for:

(1) the reissuance of a permit for a land disposal facility operating as of March
1, 2008;

(2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond
its permitted boundaries, including expansion on land that is not contiguous to, but is
located within 600 yards of, the land disposal facility's permitted boundaries;

(3) a permit to modify the type of waste accepted at a land disposal facility operating
as of March 1, 2008;

(4) a permit to locate a disposal facility that accepts only construction debris as
defined in section 115A.03, subdivision 7;

(5) a permit to locate a disposal facility that:

(i) accepts boiler ash from an electric energy power plant that has wet scrubbed units
or has units that have been converted from wet scrubbed units to dry scrubbed units as
those terms are defined in section 216B.68;

(ii) is on land that was owned on May 1, 2008, by the utility operating the electric
energy power plant; and

(iii) is located within three miles of the existing ash disposal facility for the power
plant; or

(6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals
regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals
regulated under Minnesota Rules, chapter 6132.

new text begin (e) new text end Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
the Pollution Control Agency may adopt, amend and rescind rules and standards having
the force of law relating to any purpose within the provisions of Laws 1971, chapter 727,
for the prevention, abatement, or control of noise pollution. Any such rule or standard
may be of general application throughout the state, or may be limited as to times, places,
circumstances or conditions in order to make due allowances for variations therein.
Without limitation, rules or standards may relate to sources or emissions of noise or noise
pollution, to the quality or composition of noises in the natural environment, or to any
other matter relevant to the prevention, abatement, or control of noise pollution.

new text begin (f) new text end As to any matters subject to this chapter, local units of government may set
emission regulations with respect to stationary sources which are more stringent than
those set by the Pollution Control Agency.

new text begin (g) new text end Pursuant to chapter 14, the Pollution Control Agency may adopt, amend,
and rescind rules and standards having the force of law relating to any purpose within
the provisions of this chapter for generators of hazardous waste, the management,
identification, labeling, classification, storage, collection, treatment, transportation,
processing, and disposal of hazardous waste and the location of hazardous waste facilities.
A rule or standard may be of general application throughout the state or may be limited
as to time, places, circumstances, or conditions. In implementing its hazardous waste
rules, the Pollution Control Agency shall give high priority to providing planning and
technical assistance to hazardous waste generators. The agency shall assist generators in
investigating the availability and feasibility of both interim and long-term hazardous waste
management methods. The methods shall include waste reduction, waste separation,
waste processing, resource recovery, and temporary storage.

new text begin (h) new text end The Pollution Control Agency shall give highest priority in the consideration
of permits to authorize disposal of diseased shade trees by open burning at designated
sites to evidence concerning economic costs of transportation and disposal of diseased
shade trees by alternative methods.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 49.

Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read:

Subd. 4h.

Financial responsibility rules.

(a) The agency shall adopt rules requiring
the operator or owner of a solid waste disposal facility to submit to the agency proof of the
operator's or owner's financial capability to provide reasonable and necessary response
during the operating life of the facility and for new text begin a minimum of new text end 30 years after closure for a
mixed municipal solid waste disposal facility or for a minimum of 20 years after closure,
as determined by agency rules, for any other solid waste disposal facility, and to provide
for the closure of the facility and postclosure care required under agency rules. Proof of
financial responsibility is required of the operator or owner of a facility receiving an
original permit or a permit for expansion after adoption of the rules. Within 180 days of
the effective date of the rules or by July 1, 1987, whichever is later, proof of financial
responsibility is required of an operator or owner of a facility with a remaining capacity of
more than five years or 500,000 cubic yards that is in operation at the time the rules are
adopted. Compliance with the rules and the requirements of paragraph (b) is a condition
of obtaining or retaining a permit to operate the facility.

(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary
district, that owns or operates a solid waste disposal facility that was in operation on May
15, 1989, may meet its financial responsibility for all or a portion of the contingency
action portion of the reasonable and necessary response costs at the facility by pledging its
full faith and credit to meet its responsibility.

The pledge must be made in accordance with the requirements in chapter 475 for
issuing bonds of the municipality, and the following additional requirements:

(1) The governing body of the municipality shall enact an ordinance that clearly
accepts responsibility for the costs of contingency action at the facility and that reserves,
during the operating life of the facility and for the time period required in paragraph (a)
after closure, a portion of the debt limit of the municipality, as established under section
475.53 or other law, that is equal to the total contingency action costs.

(2) The municipality shall require that all collectors that haul to the facility
implement a plan for reducing solid waste by using volume-based pricing, recycling
incentives, or other means.

(3) When a municipality opts to meet a portion of its financial responsibility by
relying on its authority to issue bonds, it shall also begin setting aside in a dedicated
long-term care trust fund money that will cover a portion of the potential contingency
action costs at the facility, the amount to be determined by the agency for each facility
based on at least the amount of waste deposited in the disposal facility each year, and the
likelihood and potential timing of conditions arising at the facility that will necessitate
response action. The agency may not require a municipality to set aside more than five
percent of the total cost in a single year.

(4) A municipality shall have and consistently maintain an investment grade bond
rating as a condition of using bonding authority to meet financial responsibility under
this section.

(5) The municipality shall file with the commissioner of revenue its consent to have
the amount of its contingency action costs deducted from state aid payments otherwise
due the municipality and paid instead to the remediation fund created in section 116.155,
if the municipality fails to conduct the contingency action at the facility when ordered
by the agency. If the agency notifies the commissioner that the municipality has failed to
conduct contingency action when ordered by the agency, the commissioner shall deduct
the amounts indicated by the agency from the state aids in accordance with the consent
filed with the commissioner.

(6) The municipality shall file with the agency written proof that it has complied
with the requirements of paragraph (b).

(c) The method for proving financial responsibility under paragraph (b) may not be
applied to a new solid waste disposal facility or to expansion of an existing facility, unless
the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities
cannot be permitted for a duration of longer than three years.

new text begin (d) The commissioner shall consult with the commissioner of management and
budget for guidance on the forms of financial assurance that are acceptable for private
owners and public owners, and in carrying out a periodic review of the adequacy of
financial assurance for solid waste disposal facilities. Financial assurance rules shall
allow financial mechanisms to public owners of solid waste disposal facilities that are
appropriate to their status as subdivisions of the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 50.

Minnesota Statutes 2008, section 290.431, is amended to read:

290.431 NONGAME WILDLIFE CHECKOFF.

Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into
the nongame wildlife management account. The sum of the amounts so designated to
be paid shall be credited to the nongame wildlife management account for use by the
nongame program deleted text begin of the section of wildlife deleted text end in the Department of Natural Resources. All
interest earned on money accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife management account shall be
credited to the account by the commissioner of management and budget, except that
gifts or contributions received directly by the commissioner of natural resources and
directed by the contributor for use in specific nongame field projects or geographic
areas shall be handled according to section 84.085, subdivision 1. The commissioner
of natural resources shall submit a work program for each fiscal year and semiannual
progress reports to the Legislative-Citizen Commission on Minnesota Resources in the
form determined by the commission. deleted text begin None of the money provided in this section may be
deleted text end deleted text begin expended unless the commission has approved the work program. deleted text end

The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife. new text begin The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.
new text end

Sec. 51.

Minnesota Statutes 2008, section 290.432, is amended to read:

290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.

A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise be
payable by or to that corporation and paid into the nongame wildlife management account
established by section 290.431 for use by deleted text begin the section of wildlife in deleted text end the Department of
Natural Resources for its nongame wildlife program. The commissioner of revenue shall,
on the corporate tax return, notify filers of their right to designate that a portion of their
tax return be paid into the nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money accrued, gifts to the program,
contributions to the program, and reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the commissioner of management
and budget, except that gifts or contributions received directly by the commissioner of
natural resources and directed by the contributor for use in specific nongame field projects
or geographic areas shall be handled according to section 84.085, subdivision 1. The
commissioner of natural resources shall submit a work program for each fiscal year to
the Legislative-Citizen Commission on Minnesota Resources in the form determined by
the commission. deleted text begin None of the money provided in this section may be spent unless the
deleted text end deleted text begin commission has approved the work program. deleted text end

The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.

Sec. 52.

Laws 2010, chapter 215, article 3, section 4, subdivision 10, is amended to
read:

Subd. 10. Transfers In

(a) By June 30, 2010, the commissioner of
management and budget shall transfer any
remaining balance, estimated to be $98,000,
from the stream protection and improvement
fund under Minnesota Statutes, section
103G.705, to the general fund. Beginning
in fiscal year 2011, all repayment of loans
made and administrative fees assessed under
Minnesota Statutes, section 103G.705,
estimated to be $195,000 in 2011, must be
transferred to the general fund.

(b) The balance of surcharges on criminal and
traffic offenders, estimated to be $900,000,
and credited to the game and fish fund
under Minnesota Statutes, section 357.021,
subdivision 7, and collected before June 30,
2010, must be transferred to the general fund.

(c) The appropriation in new text begin Laws 2007, First
Special Session chapter 2, article 1, section
8, transferred to the appropriation in new text end Laws
2007, First Special Session chapter 2, article
1, section 5, for cost-share flood programs
in southeastern Minnesota new text begin , new text end is reduced by
$335,000 and that amount is canceled to the
general fund.

(d) Before June 30, 2011, the commissioner
of management and budget shall transfer
$1,000,000 from the fleet management
account in the special revenue fund
established under Minnesota Statutes, section
84.0856, to the general fund.

Sec. 53. new text begin SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
ADOPTION DELAY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
adopt an ordinance by February 4, 2012, to comply with the February 4, 2008, revisions to
subsurface sewage treatment system rules. A county must continue to enforce its current
ordinance until a new one has been adopted.
new text end

new text begin (b) By January 15, 2011, the agency, after consultation with the Board of Water and
Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
ranking minority members of the senate and house of representatives environment and
natural resources policy and finance committees and divisions on:
new text end

new text begin (1) the technical changes in the rules for subsurface sewage treatment systems
that were adopted on February 4, 2008;
new text end

new text begin (2) the progress in local adoption of ordinances to comply with the rules; and
new text end

new text begin (3) the progress in protecting the state's water resources from pollution due to
subsurface sewage treatment systems.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 54. new text begin DEPARTMENT OF NATURAL RESOURCES LONG-RANGE
BUDGET ANALYSIS.
new text end

new text begin (a) The commissioner of natural resources, in consultation with the commissioner
of management and budget, shall estimate the total amount of funding available from all
sources for each of the following land management categories: wildlife management
areas; state forests; scientific and natural areas; aquatic management areas; public water
access sites; and prairie bank easements. The commissioner of natural resources shall
prepare a ten-year budget analysis of the department's ongoing land management needs,
including restoration of each parcel needing restoration. The analysis shall include:
new text end

new text begin (1) an analysis of the needs of wildlife management areas, including identification of
internal systemwide guidelines on the proper frequency for activities such as controlled
burns, tree and woody biomass removal, and brushland management;
new text end

new text begin (2) an analysis of state forests needs, including identification of internal systemwide
guidelines on the proper frequency for forest management activities;
new text end

new text begin (3) an analysis of scientific and natural areas needs, including identification of
internal systemwide guidelines on the proper frequency for management activities;
new text end

new text begin (4) an analysis of aquatic management areas needs, including identification of
internal systemwide guidelines on the proper frequency for management activities; and
new text end

new text begin (5) an analysis of the needs of the state's public water access sites, including
identification of internal systemwide guidelines on the proper frequency for management
activities.
new text end

new text begin (b) The commissioner shall compare the estimate of the total amount of funding
available to the department's ongoing management needs to determine:
new text end

new text begin (1) the amount necessary to manage, restore, and maintain existing wildlife
management areas, state forests, scientific and natural areas, aquatic management areas,
public water access sites, and prairie bank easements; and
new text end

new text begin (2) the amount necessary to expand upon each of the existing wildlife management
areas, state forests, scientific and natural areas, aquatic management areas, public
water access sites, and prairie bank easement programs, including the feasibility of the
department's existing long-range plans, if applicable, for each program.
new text end

new text begin (c) The commissioner of natural resources shall submit the analysis to the chairs of
the house of representatives and senate committees with jurisdiction over environment and
natural resources finance and cultural and outdoor resources finance by October 15, 2010.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 55. new text begin SOLID WASTE FACILITY FINANCIAL ASSURANCE
MECHANISMS; INPUT.
new text end

new text begin Within six months after the effective date of this section, and before publishing
the rules required for groundwater sensitivity and financial assurance in Minnesota
Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with
experts and interested persons on financial assurance adequacy for solid waste facilities,
including, but not limited to, staff from the Department of Natural Resources, Minnesota
Management and Budget, local governments, private and public landfill operators, and
environmental groups. The commissioner shall seek the input to determine the adequacy
of existing financial assurance rules to address environmental risks, the length of time
financial assurance is needed, based on the threat to human health and the environment,
the reliability of financial assurance in covering risks from land disposal of waste in
Minnesota and other states, and the role of private insurance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 56. new text begin WIND ENERGY SYSTEMS ON STATE-OWNED LANDS; REPORT.
new text end

new text begin By February 15, 2011, the commissioner of natural resources shall report to the
senate and house of representatives environment and natural resource policy and finance
committees and divisions on the use of state-owned lands for wind energy systems. The
report shall include:
new text end

new text begin (1) information on the benefits and costs of using state-owned lands for wind energy
systems;
new text end

new text begin (2) the effects of wind energy systems on state-owned lands;
new text end

new text begin (3) recommendations for a regulatory system and restrictions that will be necessary
to protect the state's land and water resources when using state-owned lands for wind
energy systems; and
new text end

new text begin (4) identification of state-owned lands that would be suitable for wind energy
systems and state-owned lands that would be unsuitable, including recommendations for
restrictions on the use of state-owned lands based on their designation as units of the
outdoor recreation system under Minnesota Statutes, section 86A.05.
new text end

Sec. 57. new text begin APPROPRIATION; DEPARTMENT OF NATURAL RESOURCES
PEACE OFFICER TRAINING.
new text end

new text begin $145,000 in fiscal year 2011 is appropriated from the game and fish fund to
the commissioner of natural resources for peace officer training for employees of the
Department of Natural Resources who are licensed under Minnesota Statutes, sections
626.84 to 626.863, to enforce game and fish laws. This appropriation is from the money
credited to the game and fish fund under Minnesota Statutes, section 357.021, subdivision
7, paragraph (a), clause (1), from surcharges assessed to criminal and traffic offenders.
This is a onetime appropriation.
new text end

Sec. 58. new text begin APPROPRIATION; STATE WATER TRAILS.
new text end

new text begin $60,000 is appropriated in fiscal year 2011 from the water recreation account in the
natural resources fund to the commissioner of natural resources to cooperate with local
units of government in marking state water trails under Minnesota Statutes, section 85.32;
acquiring and developing river accesses and campsites; and removing obstructions that
may cause public safety hazards. This is a onetime appropriation and available until spent.
new text end

Sec. 59. new text begin APPROPRIATION; MOOSE TRAIL.
new text end

new text begin $100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources
from the all-terrain vehicle account in the natural resources fund for a grant to the city of
Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual usage trail, so that it
may also be used as an off-highway vehicle trail connecting the city of Biwabik to the
Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and
is available until spent.
new text end

Sec. 60. new text begin APPROPRIATION; ECOLOGICAL CLASSIFICATION PROGRAM.
new text end

new text begin $250,000 in fiscal year 2011 is appropriated from the heritage enhancement account
in the game and fish fund to the commissioner of natural resources to maintain and expand
the ecological classification program on state forest lands. This is a onetime appropriation.
new text end

Sec. 61. new text begin PARKS AND TRAILS APPROPRIATION; LOTTERY-IN-LIEU
REVENUE.
new text end

new text begin $300,000 in fiscal year 2011 is appropriated from the natural resources fund to
the commissioner of natural resources for state park, state recreation area, and state
trail operations. This is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
new text end

new text begin $300,000 in fiscal year 2011 is appropriated from the natural resources fund to
the Metropolitan Council for metropolitan area regional parks and trails maintenance
and operations. This is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (3).
new text end

Sec. 62. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "horse trail pass" to "horse pass"
wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end

new text begin (b) The revisor of statutes shall change the term "canoe and boating routes" or
similar term to "state water trails" or similar term wherever it appears in Minnesota
Statutes and Minnesota Rules.
new text end

new text begin (c) The revisor of statutes shall change the term "Minnesota Conservation Corps" to
"Conservation Corps Minnesota" wherever it appears in Minnesota Statutes.
new text end

Sec. 63. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8;
90.172; 97B.665, subdivision 1; 103G.295; and 103G.650, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions
4a, 6a, and 6b, new text end new text begin are repealed.
new text end

ARTICLE 3

REORGANIZATION

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES ORGANIZATION
ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Environment and Natural Resources
Organization Advisory Committee of 18 members is created to advise the legislature
and governor on an organization for state agencies and local governments to administer
environment and natural resource policies. The advisory committee shall consist of:
new text end

new text begin (1) four public members appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration;
new text end

new text begin (2) two members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration, including one member of the minority;
new text end

new text begin (3) four public members appointed by the speaker of the house;
new text end

new text begin (4) two members of the house of representatives, including one member appointed
by the speaker of the house and one member appointed by the house minority leader; and
new text end

new text begin (5) six public members appointed by the governor.
new text end

new text begin The appointing authorities shall consider geographic balance in making the
appointments. The senate appointments must include a representative of city government.
The house of representatives appointments must include a representative from county
government. The governor's appointments must include one representing soil and water
conservation districts, one representing watershed districts, and one representing tribal
governments. All appointments to the advisory committee shall have experience or
expertise in the science, policy, or practice of the protection, conservation, preservation,
and enhancement of the state's environment and natural resources and have strong
knowledge in the state's environment and natural resource issues around the state. All
appointments shall be made by August 15, 2010.
new text end

new text begin (b) Public members of the advisory committee are entitled to reimbursement for per
diem expenses, plus travel expenses incurred in the services of the advisory committee, as
provided in Minnesota Statutes, section 15.059.
new text end

new text begin (c) Members shall elect a chair. The chair shall preside and convene meetings as
often as necessary to conduct duties prescribed by this section. Meetings of the advisory
committee shall be held in all regions of the state.
new text end

new text begin (d) The Department of Management and Budget shall provide for administrative
services to the advisory committee. The commissioner of management and budget shall
convene the first organizational meeting of the advisory committee by September 1, 2010.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory committee shall recommend a structure to provide an
efficient and effective organization for state agencies and local governments to administer
environment and natural resource policies. In making its recommendations, the advisory
committee shall consider structures of organization that will provide for the protection,
conservation, preservation, and enhancement of the state's environment and natural
resources and will accomplish:
new text end

new text begin (1) a reduction in redundant management personnel;
new text end

new text begin (2) accountability to the public;
new text end

new text begin (3) consolidation of project-permitting functions;
new text end

new text begin (4) professionalism in the provision of services;
new text end

new text begin (5) reduced political influence in the process;
new text end

new text begin (6) enhancing public participation and interaction with the public;
new text end

new text begin (7) alignment of services to meet current and expected future needs;
new text end

new text begin (8) utilization of new technology;
new text end

new text begin (9) providing assistance to businesses that will create and maintain jobs for the
green economy; and
new text end

new text begin (10) a reduction in overall personnel needed that will be accomplished through
attrition.
new text end

new text begin Subd. 3. new text end

new text begin Public meetings. new text end

new text begin Meetings of the advisory committee and task forces of
the advisory committee must be open to the public. For purposes of this subdivision, a
meeting occurs when a quorum is present and action is taken regarding a matter within
the jurisdiction of the advisory committee and task forces of the advisory committee.
Enforcement of this subdivision is governed by Minnesota Statutes, section 13D.06,
subdivisions 1 and 2.
new text end

new text begin Subd. 4. new text end

new text begin Intergovernmental task force. new text end

new text begin By October 15, 2010, the advisory
committee shall establish a task force to assist in coordinating state and local
environmental and natural resource programs and requirements. The membership of the
task force must include equal and broad representation of state and local government
units. By June 15, 2011, the task force shall provide a report to the advisory committee
on recommendations for coordinating, streamlining, and consolidating state and local
programs, requirements, and functions relating to natural resources and the environment.
new text end

new text begin Subd. 5. new text end

new text begin Employee participation task force. new text end

new text begin By October 15, 2010, the advisory
committee shall establish a task force to identify employer and employee issues that will
need to be considered in a reorganization of state agencies responsible for administering
environment and natural resource policies. The task force must include representatives
from both management and nonmanagement personnel from each agency affected under
sections 2 to 4. By June 15, 2011, the task force shall provide a report to the advisory
committee on employee issues to consider in reorganizing state environment and natural
resource agencies.
new text end

new text begin Subd. 6. new text end

new text begin Stakeholder task force. new text end

new text begin By October 15, 2010, the advisory committee
shall establish a stakeholder task force to provide input on stakeholder concerns
and recommendations for reorganization. Membership of the stakeholder task force
must include an equal and broad representation of environment and natural resource
stakeholders. By June 15, 2011, the task force shall provide a report to the advisory
committee on stakeholder issues to consider in reorganizing state environment and natural
resource agencies.
new text end

new text begin Subd. 7. new text end

new text begin Advisory committee report. new text end

new text begin The advisory committee shall prepare
a report on its recommendations for an efficient and effective organization for state
agencies and local governments to administer environment and natural resource policies.
By August 15, 2011, the report must be submitted to the governor and to the house of
representatives and senate environment, natural resources, and agricultural policy and
finance committees and divisions. The advisory committee report shall include copies of
the task force reports submitted under subdivisions 4 to 6.
new text end

new text begin Subd. 8. new text end

new text begin Sunset. new text end

new text begin The advisory committee and all task forces authorized by this
section expire on September 1, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin CONSIDERATION OF AGENCIES.
new text end

new text begin The Department of Natural Resources, the Board of Water and Soil Resources, and
the Pollution Control Agency shall be considered by the advisory committee established
under section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin POWERS AND DUTIES FROM OTHER AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Agriculture. new text end

new text begin The following powers and duties of
the Department of Agriculture shall be considered by the advisory committee established
under section 1:
new text end

new text begin (1) regulation of fertilizers, soil amendments, agricultural liming, and plant
amendments under Minnesota Statutes, chapter 18C;
new text end

new text begin (2) pesticide control under Minnesota Statutes, chapter 18B;
new text end

new text begin (3) agriculture chemical incident response and cleanup under Minnesota Statutes,
chapter 18D;
new text end

new text begin (4) chemical incident reimbursement under Minnesota Statutes, chapter 18E;
new text end

new text begin (5) genetically engineered organisms under Minnesota Statutes, chapter 18F;
new text end

new text begin (6) urban forest promotion under Minnesota Statutes, section 17.86;
new text end

new text begin (7) groundwater protection under Minnesota Statutes, chapter 103H; and
new text end

new text begin (8) oil and hazardous substance discharge preparedness under Minnesota Statutes,
chapter 115E.
new text end

new text begin Subd. 2. new text end

new text begin Department of Health. new text end

new text begin The following powers and duties of the
Department of Health shall be considered by the advisory committee established under
section 1:
new text end

new text begin (1) water well program under Minnesota Statutes, chapter 103I;
new text end

new text begin (2) safe drinking water program under Minnesota Statutes, sections 144.381 to
144.387;
new text end

new text begin (3) health risk assessment under Minnesota Statutes, section 115B.17, subdivision
10;
new text end

new text begin (4) domestic water supply protection under Minnesota Statutes, sections 144.35
to 144.37;
new text end

new text begin (5) asbestos contractor licensing under Minnesota Statutes, sections 326.70 to
326.81;
new text end

new text begin (6) public health laboratory regulation under Minnesota Statutes, sections 144.97
to 144.98;
new text end

new text begin (7) lead poisoning prevention under Minnesota Statutes, sections 144.9501 to
144.9512;
new text end

new text begin (8) hazardous substance exposure under Minnesota Statutes, section 145.94;
new text end

new text begin (9) mosquito research under Minnesota Statutes, section 144.95;
new text end

new text begin (10) environmental health tracking under Minnesota Statutes, sections 144.995 to
144.998;
new text end

new text begin (11) water supply monitoring and health assessments under Minnesota Statutes,
section 116.155; and
new text end

new text begin (12) health risk limits under Minnesota Statutes, section 103H.201.
new text end

new text begin Subd. 3. new text end

new text begin Department of Commerce. new text end

new text begin The following powers and duties of the
Department of Commerce shall be considered by the advisory committee established under
section 1: energy planning and conservation under Minnesota Statutes, chapter 216C.
new text end

new text begin Subd. 4. new text end

new text begin Department of Transportation. new text end

new text begin The following powers and duties of the
Department of Transportation shall be considered by the advisory committee established
under section 1: oil and hazardous substance discharge preparedness under Minnesota
Statutes, chapter 115E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin CONSIDERATION OF BOARDS.
new text end

new text begin The Environmental Quality Board, the Harmful Substances Compensation Board,
the Petroleum Tank Release Compensation Board, and the Agricultural Chemical
Response Compensation Board shall be considered by the advisory committee established
under section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $30,000 in fiscal year 2011 is appropriated from the environmental fund to the
commissioner of management and budget for administrative expenses of the Environment
and Natural Resources Organization Advisory Committee and for compensation and
expense reimbursement of advisory committee members. This is a onetime appropriation
and is available until September 1, 2011.
new text end

ARTICLE 4

STATE LANDS

Section 1.

Minnesota Statutes 2008, section 84.0272, subdivision 2, is amended to read:

Subd. 2.

Stream easements.

(a) Notwithstanding subdivision 1, the commissioner
may acquire permanent stream easements for angler access, fish management, and habitat
work for a onetime payment based on a value attributed to both the stream and the
easement corridor. The payment shall equal:

(1) the per linear foot of stream within the easement corridor times $5; plus

(2) the easement corridor acres times the estimated market value.

(b) The estimated market value is equal to:

(1) the deleted text begin total farm market value plus the timberlands value deleted text end new text begin agricultural market value
plus the rural vacant market value plus the managed forest market value new text end ; divided by

(2) the acres of deleted text begin deeded farmland plus the acres of timber deleted text end new text begin agricultural land plus the
rural vacant land plus the managed forest land new text end .

(c) The deleted text begin total farm market value, timberlands value, acres of deeded farmland, and
acres of timber deleted text end new text begin agricultural market value, rural vacant market value, and managed forest
market value or equivalent new text end are determined from data collected by the Department of
Revenue during its annual spring mini abstract survey. new text begin If the Department of Revenue
changes its property type groups for its annual spring mini abstract survey, the agricultural
market value, the rural vacant market value, and the managed forest market value shall be
determined by the commissioner from data collected by the Department of Revenue in a
manner that provides the most reasonable substitute for the market values as presently
reported. new text end The commissioner must use the most recent available data for the city or
township within which the easement corridor is located.

(d) The commissioner shall periodically review the easement payment rates under
this subdivision to determine whether the stream easement payments reflect current
shoreland market values. If the commissioner determines that the easements do not reflect
current shoreland market values, the commissioner shall report to the senate and house of
representatives natural resources policy committees with recommendations for changes
to this subdivision that are necessary for the stream easement payment rates to reflect
current shoreland market values. The recommendations may include an adjustment to the
dollar amount in paragraph (a), clause (1).

Sec. 2.

Minnesota Statutes 2008, section 85.012, subdivision 40, is amended to read:

Subd. 40.

McCarthy Beach State Park, St. Louis deleted text begin County deleted text end new text begin and Itasca Counties new text end , which
is hereby renamed from McCarthy Beach Memorial State Park.

Sec. 3.

new text begin [85.0144] HILL-ANNEX MINE STATE PARK; HISTORIC PROPERTY
EXEMPTION.
new text end

new text begin In accordance with Laws 1988, chapter 686, article 1, section 53, that provided that
mining may be conducted on Hill-Annex Mine State Park in the future and that portions
of the surface estate may be necessary for these mining operations, section 138.665,
subdivision 2, does not apply to the removal of any taconite or any iron-bearing material
stockpiles within the Hill-Annex Mine State Park.
new text end

Sec. 4.

Minnesota Statutes 2008, section 89.032, subdivision 2, is amended to read:

Subd. 2.

Acquisition for state forests.

The commissioner may acquire lands or
interest in lands for state forest purposes new text begin . The land or interests in land may be new text end subject
to mineral reservations.

Sec. 5.

Laws 2008, chapter 368, article 1, section 34, as amended by Laws 2009,
chapter 176, article 4, section 2, is amended to read:

Sec. 34. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN
COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner
of natural resources shall sell to the city of Wayzata the surplus land that is described in
paragraph (c) deleted text begin upon verification that the city has acquired the adjacent parcel, currently
occupied by a gas station deleted text end .

(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The commissioner may sell the land described in paragraph (c) to
the city of Wayzata, for deleted text begin up to $75,000 plus transaction costs deleted text end new text begin $1 new text end , but the conveyance must
provide that the land described in paragraph (c) be used for a public road and reverts to
the state if the city of Wayzata fails to provide for public use of the land as a road or
abandons the public use of the land.

(c) The land that may be sold is located in Hennepin County and is described as:
Tract F, Registered Land Survey No. 1168.

(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city of
Wayzata.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Laws 2009, chapter 176, article 4, section 9, is amended to read:

Sec. 9. PRIVATE SALE OF SURPLUS LAND; CLEARWATER COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).

(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The commissioner may sell the land to the White Earth Band of
Ojibwe for deleted text begin less than the value of the land as determined by the commissioner deleted text end new text begin $1 new text end , but the
conveyance must provide that the land be used for the public and reverts to the state
if the band fails to provide for public use or abandons the public use of the land. The
conveyance may reserve an easement for ingress and egress.

(c) The land that may be sold is located in Clearwater County and is described as:
the West 400 feet of the South 750 feet of Government Lot 3, Section 31, Township 145
North, Range 38 West, containing 6.89 acres, more or less.

(d) The Department of Natural Resources has determined that the land and building
are no longer needed for natural resource purposes.

Sec. 7. new text begin ADDITIONS TO STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 19.] Forestville Mystery Cave State Park,
Fillmore County. new text end

new text begin The following areas are added to Forestville Mystery Cave State Park,
all in Fillmore County:
new text end

new text begin (1) commencing at the northeast corner of Section 14, Township 102 North, Range
12 West; thence West 1,608.8 feet; thence South 2 degrees 50 minutes West 1,260.4 feet;
thence North 89 degrees 57 minutes West 656 feet; thence South 0 degrees 39 minutes
West 541.4 feet; thence North 89 degrees 57 minutes West 302.7 feet; thence South 0
degrees 39 minutes West 347.1 feet; thence South 89 degrees 58 minutes East 132 feet;
thence South 0 degrees 39 minutes West 496 feet; thence South 89 degrees 58 minutes
East 495 feet; thence South 54 degrees East 990 feet; thence South 39 degrees East 295
feet; thence South 84 degrees East 594 feet; thence South 64 degrees East 148.5 feet;
thence South 66 degrees East 462 feet; thence North 0 degrees 45 minutes East 3763
feet to beginning;
new text end

new text begin (2) that part of the East Half of the Southeast Quarter of Section 14, Township 102
North, Range 12 West, lying North of the south bank of the North Branch Creek, also
known as Forestville Creek. Said parcel of real estate being more fully described as
follows: commencing at the northeast corner of Section 14, proceed West, a distance
of 1,608.8 feet; thence South 2 degrees 50 minutes West a distance of 1,260.4 feet;
thence North 89 degrees 57 minutes West, a distance of 656 feet; thence South 0 degrees
39 minutes West, a distance of 541.4 feet to the beginning corner. From the point of
beginning, continue North 89 degrees 57 minutes West, a distance of 302.7 feet; thence
South 0 degrees 39 minutes West a distance of 347.1 feet; thence South 89 degrees 58
minutes East, a distance of 132 feet; thence South 0 degrees 39 minutes West, a distance
of 496 feet; thence South 89 degrees 58 minutes East a distance of 363 feet; thence South
54 degrees East 990 feet; thence South 39 degrees East 295 feet; thence South 84 degrees
East 594 feet; thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462
feet, to the section line; thence North on the section line, a distance of 1,783 feet; thence
North 85 degrees 34 minutes West a distance of 2,340.2 feet to the beginning corner;
new text end

new text begin (3) the South Half of the Northeast Quarter of Section 23, Township 102, Range
12, Fillmore County, Minnesota, except the South Half of the Southeast Quarter of the
Southeast Quarter of said Northeast Quarter, and also except that part thereof lying West
of the center of County Road No. 12;
new text end

new text begin (4) that part of the North Half of the Southwest Quarter of Section 23, Township
102, Range 12, Fillmore County, Minnesota, lying northerly and easterly of the following
described line: commencing at a point 288.4 feet North of the southwest corner of the
Northwest Quarter of the Southwest Quarter of said Section 23; thence North 132 feet, to
the point of beginning of the line to be described; thence East 1,800 feet, to the center
of river; thence South 6 degrees East 133 feet to intersect the hereinafter described Line
X; thence easterly along said Line X to the hereinafter described Point A; thence South,
parallel with the west line of said Southwest Quarter to the south line of said North Half of
said Southwest Quarter and said line there terminating. Said Line X and Point A being
described as follows: commencing at the southwest corner of the Northwest Quarter of
the Southwest Quarter of said Section 23; thence running North 4.37 chains; thence East,
along a line referred to as Line X in the above description, a distance of 27.25 chains to a
point referred to as Point A in the above description;
new text end

new text begin (5) the East Half of the Southeast Quarter of the Southwest Quarter of Section 23,
Township 102, Range 12, Fillmore County, Minnesota; and
new text end

new text begin (6) the Southeast Quarter of Section 23, Township 102, Range 12, Fillmore County,
Minnesota, except the North Half of the Northeast Quarter of the Northeast Quarter of
said Southeast Quarter.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 31.] Judge C. R. Magney State Park, Cook County.
new text end

new text begin The following areas are added to Judge C. R. Magney State Park, all in Cook County:
the Northwest Quarter of the Northwest Quarter, the Northeast Quarter of the Northwest
Quarter, and the Northwest Quarter of the Northeast Quarter, all in Section 5, Township
62 North, Range 3 East.
new text end

new text begin Subd. 3. new text end

new text begin [85.012] [Subd. 54.] Split Rock Lighthouse State Park, Lake County.
new text end

new text begin The following areas are added to Split Rock Lighthouse State Park, all in Lake County: the
Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast
Quarter, all in Section 32, Township 55 North, Range 8 West.
new text end

new text begin Subd. 4. new text end

new text begin [85.012] [Subd. 55a.] Tettegouche State Park, Lake County. new text end

new text begin The
following areas are added to Tettegouche State Park:
new text end

new text begin (1) that part of Government Lot 2, Section 15, Township 56, Range 7, Lake County,
Minnesota, described as follows: commencing at the quarter corner between said Section
15 and Section 22, Township 56, Range 7; thence East, along the section line between said
Sections 15 and 22, a distance of 503.0 feet; thence northeasterly, deflecting to the left 75
degrees 00 minutes a distance of 425.0 feet, to a point designated by a two-inch iron pipe,
being the point of beginning; thence northwesterly, to a point on the west line of said Lot 2
distant approximately 970.0 feet North of said quarter corner between Sections 15 and 22;
thence North along said west line to the northwest corner of said Lot 2; thence East, along
the north line of said Lot 2, approximately 240.0 feet; thence in a southeasterly direction
to a point on the east side of a point of rocks projecting into Lake Superior, being marked
by an X; thence in a southwesterly direction, along the shore of said Lake Superior to the
point of beginning. (X mark on rock being in line making a deflection angle of 45 degrees
51 minutes to the left with the east-west section line from a point on the section line 503.0
feet East of the quarter corner between said Sections 15 and 22 and being approximately
830 feet from said point on said section line.); and
new text end

new text begin (2) the Northeast Quarter of the Southwest Quarter of Section 15, Township 56,
Range 7, Lake County, Minnesota.
new text end

Sec. 8. new text begin DELETIONS FROM STATE PARKS.
new text end

new text begin Subdivision 1. new text end

new text begin [85.012] [Subd. 1a.] Afton State Park, Washington County. new text end

new text begin The
following area is deleted from Afton State Park: all that part of the Southwest Quarter of
Section 3, Township 27, Range 20, Washington County, Minnesota, embraced within the
recorded plat of ALPS ESTATES.
new text end

new text begin Subd. 2. new text end

new text begin [85.012] [Subd. 14.] Crow Wing State Park, Crow Wing, Cass, and
Morrison Counties. new text end

new text begin The following areas are deleted from Crow Wing State Park:
new text end

new text begin (1) all that part of Government Lots 7 and 8, Section 24, Township 44, Range 32,
Crow Wing County, Minnesota, embraced within the recorded plat of RED RIVER
TRAIL; and
new text end

new text begin (2) all that part of Government Lot 7, Section 24, Township 44, Range 32, Crow
Wing County, Minnesota, embraced within the recorded plat of LOGGER RUN.
new text end

new text begin Subd. 3. new text end

new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County.
new text end

new text begin The following area is deleted from Frontenac State Park: that part of the Southeast
Quarter, Section 11, Township 112 North, Range 13 West, being described as BLOCK P,
GARRARD'S SOUTH EXTENSION TO FRONTENAC according to the plat on file and
of record in the Office of the Recorder for Goodhue County, Minnesota, including any
portions of vacated roadway which have attached thereto.
new text end

new text begin Subd. 4. new text end

new text begin [85.012] [Subd. 26.] Hayes Lake State Park, Roseau County. new text end

new text begin The
following area is deleted from Hayes Lake State Park: the West 45.00 feet of the North
160.7 feet of the South 263.58 feet of the Southwest Quarter of the Northeast Quarter of
Section 32, Township 160, Range 38, Roseau County, Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin [85.012] [Subd. 40.] McCarthy Beach State Park, St. Louis and
Itasca Counties. new text end

new text begin The following area is deleted from McCarthy Beach State Park in
Itasca County: all that part of the Northeast Quarter of the Southeast Quarter, Section 1,
Township 60 North, Range 22 West, embraced within the recorded plat of "TRUST,"
as depicted thereon.
new text end

new text begin Subd. 6. new text end

new text begin [85.012] [Subd. 41.] Maplewood State Park, Otter Tail County. new text end

new text begin The
following areas are deleted from Maplewood State Park:
new text end

new text begin (1) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail
County, Minnesota, embraced within the recorded plat of South Lida Shores, according to
the recorded plat thereof;
new text end

new text begin (2) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail
County, Minnesota, embraced within the recorded plat of Greens Isle View Addition,
according to the recorded plat thereof;
new text end

new text begin (3) that part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail
County, Minnesota, described as follows: beginning at a point located by running West
401 feet from the northeast corner of said Government Lot 4 in Section 9; thence South 47
degrees 10 minutes West 100 feet; thence South 52 degrees 19 minutes West along the
lakeshore of Lake Lida a distance of 50 feet; thence South 42 degrees 50 minutes East
200 feet; thence North 52 degrees 19 minutes East 50 feet; thence North 42 degrees 50
minutes West 100 feet; thence North 47 degrees 10 minutes East 100 feet; thence North 42
degrees 50 minutes West, 100 feet to the point of beginning;
new text end

new text begin (4) that part of Government Lot 5, Section 9, Township 135, Range 42, Otter
Tail County, Minnesota, described as follows: commencing at the northeast corner of
Government Lot 4 in said Section 9; thence on an assumed bearing of West, along the
north line of said Government Lot 4, a distance of 130 feet, to intersect the shore of South
Lida Lake, said point of intersection being the point of beginning of the tract of land to
be described; thence return on a bearing of East, a distance of 130 feet, to said northeast
corner of Government Lot 4; thence North 03 degrees 46 minutes 00 seconds West
224.40 feet, along the centerline of a township road; thence North 08 degrees 31 minutes
00 seconds East 346.60 feet along said centerline; thence North 81 degrees 14 minutes
00 seconds West 34.00 feet to the westerly line of said township road; thence North 08
degrees 31 minutes 00 seconds East along said westerly line 125.00 feet; thence North 36
degrees 09 minutes 00 seconds West 230.00 feet; thence South 71 degrees 21 minutes 00
seconds West 93.00 feet, more or less to the easterly shoreline of South Lida Lake; thence
southeasterly along said shoreline to the point of beginning; and
new text end

new text begin (5) that part of Government Lot 2, Section 33, Township 136, Range 42, Otter Tail
County, Minnesota, described as follows: commencing at the East Quarter corner of said
Section 33; thence on an assumed bearing of West, along the east-west quarter line of
said Section 33, a distance of 3,994.0 feet; thence North 25 degrees East, a distance of
308.3 feet to the southwesterly right-of-way line of a public highway; thence North 40
degrees 00 minutes West, a distance of 169.0 feet, along said right-of-way; thence South
74 degrees 43 minutes West, a distance of 70.0 feet, more or less, to the shore of South
Lida Lake; thence southwesterly, along said shoreline to the south line of said Government
Lot 2; thence on a bearing of East, along the south line of said Government Lot 2, also
being said east-west quarter line to the point of beginning.
new text end

new text begin Subd. 7. new text end

new text begin [85.012] [Subd. 54.] Split Rock Lighthouse State Park, Lake County.
new text end

new text begin The following area is deleted from Split Rock Lighthouse State Park: the Southeast
Quarter of the Southeast Quarter, Section 31, Township 55 North, Range 8 West, Lake
County.
new text end

Sec. 9. new text begin ADDITIONS TO STATE FORESTS.
new text end

new text begin [89.021] [Subd. 32.] Lyons State Forest. The following area is added to the Lyons
State Forest: Section 16, Township 135 North, Range 32 West, Cass County.
new text end

Sec. 10. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ANOKA COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to a political subdivision the surplus land
that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Anoka County and is described as: the
East Half of the Southeast Quarter of Section 25, Township 32 North, Range 22 West,
Anoka County, Minnesota, containing 80 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a political
subdivision. A political subdivision would like to use this parcel as a wetland mitigation
site.
new text end

new text begin (e) This sale is the result of the intent expressed by the city of Columbus and Anoka
County to allow the commissioner of natural resources to replace the approximately 80
acres of land with land adjacent to the Carlos Avery Wildlife Management Area from
willing sellers as identified in the November 19, 2007, Department of Natural Resources'
land acquisition plan.
new text end

Sec. 11. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; BELTRAMI COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The conveyance must include a reservation of perpetual road easements
described in paragraph (c) to the state for ingress and egress for constructing, repairing,
maintaining, and operating an adjacent northern pike spawning and rearing area.
new text end

new text begin (c) The land that may be sold is located in Beltrami County and is described as:
All that part of the Southwest Quarter of the Southwest Quarter and Government Lot 1,
Section 21, Township 146 North, Range 31 West, bounded by the water's edge of Cass
Lake and the following described lines: Commencing at the southwest corner of said
section, thence North 00 degrees 07 minutes West, 691.2 feet on and along the west line of
said section to the point of beginning; thence South 58 degrees 27 minutes East, 177.64
feet; thence South 65 degrees 00 minutes East, 162.35 feet; thence North 52 degrees
07 minutes East, 175.70 feet; thence North 86 degrees 05 minutes East, 232.35 feet;
thence South 41 degrees 50 minutes East, 186.35 feet; thence South 25 degrees 59 minutes
East, 122.0 feet; thence South 33 degrees 47 minutes West, 176.13 feet; thence South 26
degrees 31 minutes West, 157.26 feet; thence South 50 degrees 19 minutes East, 142.34
feet; thence North 88 degrees 05 minutes East, 66.15 feet to point "A"; thence North 67
degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24 minutes East, 113.86
feet; thence North 80 degrees 48 minutes East, 88.96 feet to point "B"; thence South 17
degrees 17 minutes East, 138 feet, more or less, to the water's edge of Cass Lake and
there terminating. And from the point of beginning; thence North 00 degrees 07 minutes
West, 630.92 feet on and along the west line of said Section 21; thence South 75 degrees
27 minutes East, 206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet;
thence South 37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18 minutes
East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60 feet; thence South 48
degrees 10 minutes East, 120.58 feet; thence South 89 degrees 59 minutes East, 197.76
feet; thence South 68 degrees 28 minutes East, 195.0 feet; thence South 38 degrees 25
minutes East, 162.17 feet; thence South 56 degrees 38 minutes East, 410.58 feet; thence
South 31 degrees 06 minutes West, 203.30 feet; thence South 80 degrees 48 minutes West,
14.84 feet; thence South 17 degrees 17 minutes East, 133 feet, more or less, to the water's
edge of Cass Lake and there terminating. Including all riparian rights to the contained
18.0 acres, more or less and subject to all existing easements.
new text end

new text begin Subject to a perpetual road easement for ingress and egress over and across the
following described land in Government Lot 1 of said section described as follows:
Beginning at point "B," said point being on the southerly boundary of the above described
tract; thence North 80 degrees 48 minutes East, 20.2 feet; thence South 17 degrees 17
minutes East, 33.33 feet; thence South 80 degrees 48 minutes West, 20.2 feet; thence
North 17 degrees 17 minutes West, 33.33 feet to point "B" and the point of beginning.
new text end

new text begin Except that part of Government Lot 1 of Section 21, Township 146 North, Range
31 West, described as follows: Commencing at the southwest corner of said Section 21;
thence North 00 degrees 07 minutes West, 1,322.12 feet along the west line of said Section
21; thence South 75 degrees 27 minutes East, 206.01 feet; thence South 35 degrees 36
minutes East, 210.68 feet; thence South 37 degrees 07 minutes East, 230.53 feet; thence
South 51 degrees 18 minutes East, 124.95 feet; thence North 55 degrees 37 minutes East,
156.60 feet; thence South 48 degrees 10 minutes East, 120.58 feet; thence South 89
degrees 59 minutes East, 197.76 feet; thence South 68 degrees 28 minutes East, 195.0
feet; thence South 38 degrees 25 minutes East, 162.17 feet; thence South 56 degrees 38
minutes East, 383.52 feet, to the point of beginning; thence South 56 degrees 38 minutes
East, 27.06 feet; thence South 31 degrees 06 minutes West, 203.30 feet; thence South 80
degrees 48 minutes West, 2.52 feet; thence North 15 degrees 31 minutes West, 46.80
feet; thence North 32 degrees 31 minutes East, 18.96 feet; thence North 59 degrees 39
minutes East, 58.56 feet; thence North 20 degrees 23 minutes East, 105.29 feet to the
point of beginning; containing 0.1 acres.
new text end

new text begin Together with a perpetual road easement for ingress and egress over and across the
Southwest Quarter of the Southwest Quarter of said section being a strip of land 33 feet
wide, lying 16.5 feet on each side of the following described lines: Commencing at the
southwest corner of said Section 21; thence North 00 degrees 07 minutes West, 656.4 feet
on and along the west line of said section to the point of beginning; thence South 42
degrees 51 minutes East, 52.16 feet; thence South 70 degrees 04 minutes East, 214.3 feet;
thence South 37 degrees 58 minutes East, 219.4 feet; thence South 49 degrees 02 minutes
East, 252.6 feet; thence South 45 degrees 15 minutes East, 152.5 feet; thence South 50
degrees 19 minutes East, 119.9 feet, to the south line of Section 21 and there terminating.
new text end

new text begin Together with a perpetual road easement for ingress and egress over and across
the northwesterly 16.5 feet of the following described land in Government Lot 1 and
the Southwest Quarter of the Southwest Quarter of said section described as follows:
Beginning at point "A," said point being on the southern boundary of the above described
tract; thence North 67 degrees 06 minutes East, 442.0 feet; thence North 76 degrees 24
minutes East, 113.86 feet; thence North 80 degrees 48 minutes East, 88.96 feet; thence
South 17 degrees 17 minutes East, 33.33 feet; thence South 80 degrees 48 minutes West,
92.38 feet; thence South 76 degrees 24 minutes West, 109.91 feet; thence South 67
degrees 06 minutes West, 353.28 feet; thence South 88 degrees 05 minutes West, 92.15
feet to point "A" and the point of beginning.
new text end

new text begin (d) The land borders Cass Lake. The land was acquired for a northern pike spawning
area but has not been used for such purpose for 30 years. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes.
new text end

Sec. 12. new text begin PRIVATE SALE OF SURPLUS STATE LAND; CARLTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to a political subdivision the surplus land
that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Carlton County and is described as: the
Northeast Quarter of the Northwest Quarter of the Southeast Quarter, except state trunk
highway right-of-way, Section 26, Township 49 North, Range 17 West, containing 9.324
acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes.
new text end

Sec. 13. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CARLTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Carlton County may sell
by private sale the tax-forfeited land bordering public water that is described in paragraph
(c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end

new text begin (c) The land to be sold is located in Carlton County and is described as:
new text end

new text begin (1) part of Government Lot 1 commencing 42 rods 17 links East of the northwest
corner of Section 6, Township 46, Range 18; thence South 82 rods 11 links; thence West to
Bear Lake; thence West on the shoreline to the section line; thence North to the northwest
corner; thence East to the beginning; except the highway right-of-way and except the part
northwest of Highway 35, Docket 214412 and except commencing at the northwest corner
of said Government Lot 1; thence South 0 degrees 5 minutes 51 seconds West on the west
line thereof 1,176.49 feet to a point on the southeast right-of-way line of the Interstate
Highway 35 frontage road; thence North 51 degrees 42 minutes 51 seconds East on said
right-of-way line 209.76 feet; thence South 19 degrees 45 minutes East 120.0 feet to the
point of beginning; thence North 19 degrees 45 minutes West 120.0 feet; thence North 51
degrees 42 minutes 51 seconds East 80.0 feet to the MNDOT right-of-way monument;
thence South 71 degrees 36 minutes 52 seconds East 216.61 feet; thence South 3 degrees
30 minutes West 195 feet, more or less, to the shore of Bear Lake; thence westerly on said
shore 215 feet, more or less, to a point which bears 2 degrees 55 minutes East from the
point of beginning; thence North 2 degrees 55 minutes West 150 feet, more or less, to the
point of beginning, on Docket 240622 and except commencing at the northwest corner of
said Government Lot 1; thence East along the north line 704.22 feet; thence South parallel
to the west line 1,360.26 feet to the actual point of beginning; thence North 739.16 feet,
more or less, to the southeast right-of-way line of the I-35 frontage road; thence southwest
along said right-of-way line 608.48 feet, more or less, to the MNDOT monument; thence
South 71 degrees 36 minutes 52 seconds East 216.61 feet; thence South 3 degrees 30
minutes West 195 feet, more or less, to the shore of Bear Lake; thence East on said shore
285 feet, more or less, to a point which bears North 00 degrees West from the point of
beginning; thence South 90 degrees East 15 feet, more or less, to the point of beginning,
Docket 282721 (parcel identification number 39-010-0920); and
new text end

new text begin (2) that part of Government Lot 2 lying North of Moose Horn River, Docket 262968,
272524, and 272525, Section 11, Township 46, Range 19 (parcel identification number
39-030-1220).
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the land was sold to adjoining landowners.
new text end

Sec. 14. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CARLTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Carlton County may sell the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in Carlton County and is described as:
new text end

new text begin (1) the Northwest Quarter of the Southeast Quarter, Section 27, Township 48 North,
Range 18 West (parcel number 33-010-6300);
new text end

new text begin (2) the Southwest Quarter of the Northeast Quarter, except that part East of the Kettle
River, Section 26, Township 48 North, Range 20 West (parcel number 90-010-4630); and
new text end

new text begin (3) the Northwest Quarter of the Southeast Quarter or Government Lot 5, Section
12, Township 49 North, Range 19 West (parcel number 94-026-2020).
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 15. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, and upon
completion of exchange of the school trust land for acquired land, the commissioner of
natural resources may sell to a school district by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell the land to a school district for less than the
value of the land as determined by the commissioner, but the conveyance must provide
that the land described in paragraph (c) be used for an educational unit managed forest and
reverts to the state if the school district fails to provide for or abandons the educational
unit managed forest use of the land.
new text end

new text begin (c) The land that may be sold is located in Cass County and is described as:
new text end

new text begin (1) the Southwest Quarter of the Southwest Quarter of Section 27;
new text end

new text begin (2) the Southeast Quarter of the Southeast Quarter of Section 28;
new text end

new text begin (3) Government Lot 11 of Section 33; and
new text end

new text begin (4) Government Lot 14 of Section 34,
new text end

new text begin all in Township 141 North, Range 28 West, containing a total of 98.7 acres, more or
less.
new text end

new text begin (d) The land borders Nellie Lake. Independent School District No. 118, Longville,
has inadvertently trespassed upon the land for the establishment of an educational unit
managed forest under Minnesota Statutes, section 89.41. The commissioner of natural
resources has determined that the state's land management interests would best be served
if the land was managed as an educational unit managed forest. Since the land is currently
school trust land, the commissioner of natural resources shall first exchange the school
trust land for acquired land prior to sale.
new text end

Sec. 16. new text begin PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public or private sale the surplus land
bordering public water that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to a local unit of government for less than the
value of the land, as determined by the commissioner, but the conveyance must provide
that the land be used for the public and reverts to the state if the local unit of government
fails to provide for public use or abandons the public use of the land.
new text end

new text begin (c) The land that may be sold is located in Cass County and is described as: Lot 7,
Block 1, Dell's Sleepy Hollow, Cass County, Minnesota, according to the recorded plat
thereof, containing 0.54 acres, more or less.
new text end

new text begin (d) The land borders Woman Lake. The Department of Natural Resources has
determined that the state's land management interests would best be served if the land was
conveyed to a local unit of government.
new text end

Sec. 17. new text begin PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; GOODHUE COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering
public water that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The conveyance must include the easement specified in paragraph (c).
The purpose of the easement is to:
new text end

new text begin (1) provide for the development of fish habitat, including tree planting, erosion
control, installation of instream structures, posting of signs, and other improvements;
new text end

new text begin (2) permit angling by the public; and
new text end

new text begin (3) provide ingress and egress through the property sold to the easement area.
new text end

new text begin (c) The land that may be sold is located in Goodhue County and is described as:
that part of the Southwest Quarter of the Northeast Quarter and that part of the Northwest
Quarter of the Southeast Quarter of Section 7, Township 112, Range 15, Goodhue County,
Minnesota, which lie westerly of the centerline of County State-Aid Highway No. 6,
containing 2.6 acres, more or less.
new text end

new text begin Reserving an easement over, under, and across that part of the above described
property located within a strip of land 132 feet in width, and centered on the centerline
of Spring Creek, as the same meanders through said Southwest Quarter of the Northeast
Quarter and said Northwest Quarter of the Southeast Quarter.
new text end

new text begin (d) The land borders Spring Creek. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes provided that an
easement right is retained. The land is separated from the wildlife management area by a
county road and has been subject to inadvertent trespass by the adjacent landowner.
new text end

Sec. 18. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell to a local unit of government by private sale the surplus land
that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to a local unit of government for less than the
value of the land, as determined by the commissioner, but the conveyance must provide
that the land be used for the public and reverts to the state if the local unit of government
fails to provide for public use or abandons the public use of the land.
new text end

new text begin (c) The land that may be sold is located in Hennepin County and is described as:
Outlot A, Block 1, Schendel Woods, Hennepin County, Minnesota, according to the
recorded plat thereof, containing 13.92 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a local unit of
government. A local unit of government would like to use this parcel for a storm water
runoff project.
new text end

Sec. 19. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATERS; ITASCA COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may
convey to the city of Cohasset for consideration as determined by Itasca County the land
described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the city of Cohasset fails to provide for the public use
described in paragraph (d) or abandons the public use of the land. As a condition of
conveyance, the city of Cohasset must provide to Itasca County a survey of the property,
at no cost to Itasca County. The conveyance is subject to easements, restrictions, and
reservations of record. The attorney general may make necessary changes to the legal
description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in Itasca County and is described as: that
part of Government Lot 7, Section 23, Township 55 North, Range 26 West, described
as follows:
new text end

new text begin new text end

new text begin Commencing at the southwest corner of the Northwest Quarter of the Southwest
Quarter, Section 23, Township 55 North, Range 26 West; thence South 88 degrees 02
minutes 11 seconds East, along the south line of said Northwest Quarter of Southwest
Quarter and the south line of Government Lot 7 according to the plat of HILLCREST
PARK, 1,351.90 feet to the centerline of the Tioga Beach Road and the point of beginning;
thence northerly along the centerline of the Tioga Beach Road 123.51 feet along a
nontangential curve concave to the East, said curve having a central angle of 12 degrees 08
minutes 28 seconds, radius of 582.87 feet, a chord bearing of North 07 degrees 35 minutes
37 seconds West, chord distance 123.28 feet; thence North 01 degrees 31 minutes 24
seconds West, along the centerline of the Tioga Beach Road 167.83 feet; thence northerly
along the centerline of the Tioga Beach Road 139.95 feet along a tangential curve concave
to the West, said curve having a central angle of 11 degrees 26 minutes 28 seconds, radius
of 700.85 feet; thence North 12 degrees 57 minutes 52 seconds West, along the centerline
of the Tioga Beach Road 174.21 feet; thence northerly along the centerline of the Tioga
Beach Road 70.93 feet, more or less, along a tangential curve concave to the East, said
curve having a central angle of 08 degrees 46 minutes 30 seconds, radius of 463.14 feet
to intersect the north line of the South 665.00 feet of Government Lot 7; thence South
88 degrees 02 minutes 11 seconds East along the north line of the South 665.00 feet of
said Government Lot 7, a distance of 512.74 feet; thence South 65 degrees 39 minutes
08 seconds East, 184 feet, more or less, to the waters edge of Pokegama Lake; thence
southwesterly along the waters edge of Pokegama Lake to intersect the south line of said
Government Lot 7; thence North 88 degrees 02 minutes 11 seconds West, along the south
line of Government Lot 7, 220 feet, more or less, to the point of the beginning and there
terminating. Parcel contains approximately 690 front feet of shoreland on Pokegama
Lake and 6.8 acres.
new text end

new text begin (d) The county has determined that the county's land management interests would
be best served if the lands are managed for a public beach and other public recreational
purposes by the city of Cohasset.
new text end

Sec. 20. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; MAHNOMEN COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Mahnomen County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
The conveyance must include a deed restriction that prohibits buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations within an area 75 feet from the
ordinary high water level. A 15-foot strip for lake access and a dock is allowed.
new text end

new text begin (c) The land to be sold is located in Mahnomen County and is described as:
new text end

new text begin Beginning at the northeast corner of Lot 1; thence 28 rods West to the point of
beginning; thence West 7 rods; thence South to the shoreline of North Twin Lake 9 rods,
more or less; thence southeast on the shoreline to a point South of the point of beginning;
thence North 16 rods, more or less, to the point of beginning, all in Section 29, Township
144 North, Range 39 West (parcel number R16 029 0200).
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 21. new text begin PRIVATE SALE OF SURPLUS STATE LAND; MARTIN COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Martin County and is described as: the
North 700 feet of a strip of land 100 feet in width extending over and across the West Half
of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section
25, Township 101 North, Range 32 West, Martin County, Minnesota. The centerline of
said strip being the centerline of the main track (now removed) of the Minnesota and Iowa
Railway Company, as said centerline was originally located and established over and
across said Section 25. This parcel contains 1.6 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes and that the state's land management interests would best
be served if the land were conveyed to the adjacent landowner to improve access to the
landowner's property.
new text end

Sec. 22. new text begin EXCHANGE OF STATE LAND WITHIN LAKE MARIA WILDLIFE
MANAGEMENT AREA; MURRAY COUNTY.
new text end

new text begin (a) The commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI, section 10, and
according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange
the land described in paragraph (b).
new text end

new text begin (b) The land that may be exchanged is located in Murray County and is described as:
new text end

new text begin (1) the North 866 feet of the South 1555 feet of the Southwest Quarter of Section 7,
Township 108, Range 41, lying West of the East 450 feet thereof;
new text end

new text begin (2) the South 689 feet of the Southwest Quarter of Section 7, Township 108, Range
41; and
new text end

new text begin (3) that part of the Northeast Quarter of Section 18, Township 108, Range 41,
described as follows: Commencing at the northwest corner of said Section 7, Township
108, Range 41; thence running easterly along the north line of said Section 7 a distance of
2,769.50 feet to the intersection with the centerline of the township road; thence southerly
along the centerline of said township road a distance of 2,653.75 feet; thence deflecting
00 degrees 31 minutes right and continuing along the centerline of said township road a
distance of 2,051.75 feet; thence easterly and parallel to the south line of the Southwest
Quarter of the Southeast Quarter of said Section 7, a distance of 464 feet; thence South
and parallel to the west line of the Northeast Quarter of said Section 18, a distance of
3,198.00 feet, to the south line of the Northeast Quarter of said Section 18, and the point
of beginning of the land to be described; thence return northerly, along the last described
course, a distance of 2,635 feet to the north line of said Northeast Quarter; thence
southwesterly, a distance of 999 feet, to a point on the west line of said Northeast Quarter,
distant 421.5 feet South of the northwest corner of said Northeast Quarter, thence South
along said west line, to the southwest corner of said Northeast Quarter; thence East, along
the south line of said Northeast Quarter, a distance of 910 feet to the point of beginning.
new text end

new text begin (c) The land was acquired in part with bonding appropriations. The exchange
with the adjacent landowner will provide additional wildlife acres and additional water
frontage to the state.
new text end

Sec. 23. new text begin CONVEYANCE OF SURPLUS STATE LAND; ACQUISITION;
NICOLLET COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin Conveyance of surplus land. new text end

new text begin (a) Notwithstanding Minnesota
Statutes, sections 16B.281 to 16B.287, the commissioner of administration may upon
recommendation of the commissioner of human services, convey to the city of St. Peter
for no consideration the surplus land or any state interest in land that is described in
paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make changes to the land description to correct errors and ensure
accuracy. The commissioner of administration may grant utility easements for no
consideration in conjunction with the conveyances under this section.
new text end

new text begin (c) The land to be sold is located in Nicollet County and is described as:
new text end

new text begin (1) all that part of the following described parcel lying westerly of the westerly
right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.
new text end

new text begin Said parcel described as follows:
new text end

new text begin That part of Government Lot 6 in Section 29, Township 110 North, Range 26 West,
city of Saint Peter, Nicollet County, Minnesota, described as:
new text end

new text begin Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of
beginning; thence South 64 degrees 37 minutes 16 seconds East, a distance of 178.6 feet,
more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade
Road; thence northeasterly, on said centerline, a distance of 98.3 feet, more or less, to the
north line of said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds
West, on said north line; a distance of 220.5 feet, more or less, to the point of beginning;
new text end

new text begin (2) all that part of the following described parcel lying easterly of the westerly
right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.
new text end

new text begin Said parcel described as follows:
new text end

new text begin That part of Government Lot 6 in Section 29, Township 110 North, Range 26 West,
city of Saint Peter, Nicollet County, Minnesota, described as:
new text end

new text begin Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the point of
beginning; thence South 64 degrees 37 minutes 16 seconds East, a distance of 178.6 feet,
more or less, to the centerline of Freeman Drive, formerly the Saint Peter and Belgrade
Road; thence northeasterly, on said centerline, a distance of 98.3 feet, more or less, to the
north line of said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds West,
on said north line; a distance of 220.5 feet, more or less, to the point of beginning; and
new text end

new text begin (3) that part of the East 25.00 of a 150.00 foot wide railroad right-of-way acquired
in Book R page 338, in the Northeast Quarter of the Northeast Quarter of Section 29,
Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota,
lying South of the southerly right-of-way line of Minnesota Trunk Highway No. 99, per
MN/DOT Right-of-Way Map 31-68 and North of the following described line:
new text end

new text begin Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet; thence North 64
degrees 37 minutes 16 seconds West, a distance of 86.15 feet; thence northwesterly 127.21
feet on a tangential curve to the right, having a radius of 280.00 feet and a central angle of
26 degrees 01 minutes 59 seconds to the point of beginning of the line to be described;
thence continuing northwesterly 31.24 feet on said tangential curve to the right, having
a radius of 280.00 feet and a central angle of 06 degrees 23 minutes 34 seconds and
there terminating.
new text end

new text begin (d) The commissioner has determined that the land is no longer needed for any state
purpose and that the state's land management interests would best be served if the land
was conveyed to and used by the city of St. Peter.
new text end

new text begin Subd. 2. new text end

new text begin Acquisition authority. new text end

new text begin (a) Notwithstanding any law to the contrary, the
commissioner of administration, upon recommendation of the commissioner of human
services, may acquire from the city of St. Peter, without monetary consideration, land
located in Nicollet County, described as follows:
new text end

new text begin (1) that part of the Northeast Quarter of the Northeast Quarter of Section 29,
Township 110 North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota:
new text end

new text begin Lying East of the east line of the 150.007 foot wide railroad right-of-way acquired in
Book R page 338, in said Northeast Quarter of the Northeast Quarter of Section 29;
new text end

new text begin AND
new text end

new text begin Lying South of the following described line:
new text end

new text begin Commencing at the northeast corner of said Section 29; thence South 00 degrees
29 minutes 46 seconds East, an assumed bearing on the east line of said Northeast
Quarter, a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said
Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south
line of said Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet to the
point of beginning; thence North 64 degrees 37 minutes 16 seconds West, a distance of
86.15 feet; thence northwesterly 127.21 feet on a tangential curve to the right, having a
radius of 280.00 feet and a central angle of 26 degrees 01 minutes 51 seconds to the
point of termination. Said point of termination being on the east line of the previously
referenced railroad right-of-way and there terminating; and
new text end

new text begin (2) that part of Government Lot 6 in Section 29, Township 110 North, Range 26
West, city of Saint Peter, Nicollet County, Minnesota described as:
new text end

new text begin Commencing at the northeast corner of said Section 29; thence South 00 degrees 29
minutes 46 seconds East, an assumed bearing on the east line of said Northeast Quarter, a
distance of 1317.06 feet to the southeast corner of the Northeast Quarter of said Northeast
Quarter; thence South 89 degrees 30 minutes 18 seconds West, on the south line of said
Northeast Quarter of the Northeast Quarter, a distance of 918.73 feet; thence South 64
degrees 37 minutes 16 seconds East, a distance of 179 feet, more or less, to the centerline
of Freeman Drive, formerly the Saint Peter and Belgrade Road, and the point of beginning;
thence continuing South 64 degrees 37 minutes 16 seconds East, a distance of 25.8 feet,
more or less, to the existing right-of-way of U.S. Highway No. 169, per Map 14-80;
thence southwesterly along said right-of-way a distance of 91.7 feet, more or less, to the
northerly line of a parcel recorded as Document No. 274882, Nicollet County records;
thence northwesterly along the northerly line of said parcel a distance of 27.5 feet, more or
less, to the centerline of said Freeman Drive; thence northeasterly along said centerline a
distance of 93.2 feet, more or less, to the point of beginning.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to legal descriptions to correct errors and
ensure accuracy.
new text end

Sec. 24. new text begin CONVEYANCE OF SURPLUS STATE LAND; OLMSTED COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner
of natural resources shall convey to the city of Oronoco for no consideration the surplus
land that is described in paragraph (c).
new text end

new text begin (b) The conveyance shall occur upon the operation of the reversion clause contained
in the deed for the land described in paragraph (c) in accordance with Minnesota Statutes
1965, section 85.188, and after the passage of resolutions by the Olmsted County Board
and the Oronoco City Council, each acknowledging that the requirements set forth in the
Agreement for Transfer of Oronoco Park in the City of Oronoco to the City of Oronoco
by Olmsted County have been sufficiently met to proceed with the conveyance. The
conveyance must be in a form approved by the attorney general, the Olmsted County
Board, and the Oronoco City Council. The conveyance must provide that the land reverts
to the state if the city of Oronoco fails to maintain and operate the land as a public park.
The attorney general may make changes to the land description to correct errors and
ensure accuracy.
new text end

new text begin (c) The land to be conveyed is located in Olmsted County and is described as:
new text end

new text begin (1) the East Half of the West Half of the Southeast Quarter of the Southeast Quarter,
Section 7, Township 108 North, Range 14 West, subject to flowage rights in favor of
Olmsted County; and
new text end

new text begin (2) the East Half of the Southeast Quarter of the Southeast Quarter, Section 7,
Township 108 North, Range 14 West.
new text end

new text begin (d) The land is currently owned by Olmsted County and used as a public park,
having been conveyed by the state according to Laws 1965, chapter 810, section 9. The
1965 law and the corresponding conveyance document require reversion to the state if
the county stops operating the land as a public park. Olmsted County no longer wishes
to operate the public park, but the city of Oronoco has agreed to pay consideration to
Olmsted County to continue the park operation. The commissioner has determined that
the state's land management interests would best be served if, upon the land's reversion to
the state, the land was conveyed to and used by the city of Oronoco as a public park.
new text end

Sec. 25. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; ROSEAU COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Roseau County and is described as:
Government Lot 9, Section 30, Township 163 North, Range 36 West, containing 0.15
acres, more or less.
new text end

new text begin (d) The land borders the Warroad River and is not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
new text end

Sec. 26. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION
LAND; ROSEAU COUNTY.
new text end

new text begin (a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, Roseau County may sell by public or private sale the
consolidated conservation lands that are described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The consideration for the conveyance must be for no less than the
appraised value of the land and timber and survey costs. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
new text end

new text begin (c) The land that may be sold is located in Roseau County and is described as:
new text end

new text begin (1) that part of Government Lot 1, Section 4, Township 162 North, Range 36 West,
lying southwesterly of the southwesterly right-of-way of the Canadian National Railway.
Subject to the right-of-way of State Highway 11. Contains 0.75 acres, more or less; and
new text end

new text begin (2) the South Half of the South Half of the Southeast Quarter of the Northwest
Quarter, Section 34, Township 159 North, Range 39 West, containing 10 acres, more or
less.
new text end

new text begin (d) The lands are not contiguous to other state lands. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes.
new text end

Sec. 27. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ROSEAU COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, Roseau County may sell by private sale the tax-forfeited
land described in paragraph (c) under the remaining provisions of Minnesota Statutes,
chapter 282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in Roseau County and is described as: the
Northwest Quarter of the Northeast Quarter and the Southeast Quarter of the Southeast
Quarter, Section 20, Township 163, Range 36.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 28. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited
land described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is adjacent to a parcel
described as: new text end new text begin that part of the Northeast Quarter of the Southwest Quarter beginning on the
east line at the southerly road right-of-way; thence southerly along the east line 760.07
feet; thence South 89 degrees 3 minutes 23 seconds West 290 feet; thence North 1 degree
12 minutes 54 seconds East 764.79 feet; thence East along the southerly road right-of-way
290 feet to the point of beginning, Section 20, Township 58 North, Range 15 West. St.
Louis County shall sell an adjoining amount of land, determined by the county to rectify
an inadvertent trespass. The sale will ensure that the buildings causing the inadvertent
trespass will meet all setback requirements.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 29. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited
land described in paragraph (c).
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) Lot 90, Block 75, Duluth Proper Third Division, except the West six feet of the
South 50 feet of the West Half, Section 28, Township 50 North, Range 14 West;
new text end

new text begin (2) the northerly 100 feet of the Southwest Quarter of the Southwest Quarter, except
the westerly 233 feet, and except the easterly 50 feet of the westerly 283 feet, Section
14, Township 51 North, Range 13 West;
new text end

new text begin (3) the South 150 feet of the Northeast Quarter of the Southeast Quarter, Section 5,
Township 55 North, Range 18 West;
new text end

new text begin (4) the West 33 feet of the North 208 feet of the South 1,040 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end

new text begin (5) the North 36 feet of the North 1,076 feet of the West 449 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end

new text begin (6) the West 33 feet of the North 208 feet of the South 832 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end

new text begin (7) the West 33 feet of the North 208 feet of the South 624 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
new text end

new text begin (8) the West 33 feet of the South 416 feet of the Northwest Quarter of the Northeast
Quarter, Section 7, Township 60 North, Range 13 West; and
new text end

new text begin (9) part of the South Half of the Southwest Quarter, Section 20, Township 58 North,
Range 15 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 30. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) Lot 4, Block 4, Greenwood Beach, town of Duluth, Section 19, Township 51
North, Range 19 West;
new text end

new text begin (2) beginning at the southwest corner of Lot 4, running thence East 450 feet; thence
North 200 feet; thence West 450 feet; thence South along the section line 200 feet to the
point of beginning, except the northerly 40 feet, Section 7, Township 54 North, Range
19 West;
new text end

new text begin (3) the South 560 feet of the East 300 feet of the Northeast Quarter of the Southeast
Quarter, except the highway right-of-way and except the North 315 feet, Section 22,
Township 61 North, Range 20 West;
new text end

new text begin (4) an undivided 1/24 interest in the Southeast Quarter of the Northwest Quarter,
Section 8, Township 50 North, Range 18 West;
new text end

new text begin (5) an undivided 2/15 interest in the Southwest Quarter of the Northwest Quarter,
Section 20, Township 50 North, Range 18 West;
new text end

new text begin (6) an undivided 1/3 interest in the Southwest Quarter of the Southeast Quarter,
Section 21, Township 50 North, Range 18 West;
new text end

new text begin (7) an undivided 1/45 interest in the Northeast Quarter of the Southeast Quarter,
Section 29, Township 50 North, Range 18 West;
new text end

new text begin (8) an undivided 1/12 interest in the Northeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
new text end

new text begin (9) an undivided 1/12 interest in the Southeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
new text end

new text begin (10) an undivided 1369/68040 interest in Lot 8, except the railway right-of-way,
Section 28, Township 51 North, Range 18 West; and
new text end

new text begin (11) that part of the Southeast Quarter of the Northeast Quarter of Section 10,
Township 63 North, Range 18 West, St. Louis County, Minnesota, described as follows:
new text end

new text begin Assuming the northeast line of Lot 9 in the plat of MANNIKKO (PINE RIDGE) to
bear North 54 degrees 11 minutes 00 seconds West, and COMMENCING from the most
northerly corner of said Lot 9 run North 28 degrees 12 minutes 30 seconds East, a distance
of 107.39 feet; thence South 28 degrees 12 minutes 30 seconds West, a distance of 28.19
feet; thence South 86 degrees 24 minutes 10 seconds West, a distance of 82.17 feet; thence
South 77 degrees 07 minutes 31 seconds West, a distance of 77.70 feet; thence South 82
degrees 40 minutes 33 seconds West, a distance of 83.09 feet; thence South 71 degrees 26
minutes 45 seconds West, a distance of 190.55 feet; thence North 70 degrees 55 minutes
26 seconds West, a distance of 76.14 feet to a point on a nontangential curve, the center
of which bears North 35 degrees 10 minutes 49 seconds West, being also a point on the
east right-of-way of "Phillips Road" as it exists in January of 1995; thence northerly along
said east right-of-way, on said nontangential curve, concave to the West, central angle of
88 degrees 57 minutes 37 seconds, radius of 90.00 feet, a distance of 139.74 feet; thence
North 34 degrees 08 minutes 26 seconds west, along said east right-of-way, a distance of
105.00 feet to a tangential curve; thence northerly along said east right-of-way on said
tangential curve, concave to the East, central angle 69 degrees 38 minutes 31 seconds,
radius 68.00 feet, a distance of 82.65 feet to a point of reverse curve; thence northerly
along said east right-of-way, on said reverse curve, concave to the West, central angle of
18 degrees, more or less, radius of 116.25 feet, a distance of 36.5 feet, more or less, to
the south line of said Southeast Quarter of the Northeast Quarter and the POINT OF
BEGINNING of the land being described; thence northerly, continuing along said curve, a
distance of 96.2 feet; thence North 29 degrees 54 minutes 20 seconds West, tangent to said
curve and along said east right-of-way, a distance of 16.32 feet; thence South 89 degrees
42 minutes 44 seconds East, a distance of 943.3 feet, more or less, to the east line of
said Southeast Quarter of the Northeast Quarter; thence southerly, along said east line, a
distance of 30 feet, more or less, to the shore of Lake Vermilion; thence southerly, along
said shore, a distance of 100 feet, more or less, to the south line of said Southeast Quarter
of the Northeast Quarter; thence westerly, along said south line, a distance of 880 feet,
more or less, to the POINT OF BEGINNING. Containing 2.5 acres, more or less.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 31. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given the location
of property lines, on each side of the centerline of the designated trout stream to provide
riparian protection and angler access.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) Lot 22, Block 1, Wonderland 1st Addition, town of Duluth, except the highway
right-of-way and including part of the adjacent vacated road, Section 17, Township 51
North, Range 12 West; and
new text end

new text begin (2) that part of the southerly 135 feet of the northerly 543 feet of the Northwest
Quarter of the Southwest Quarter lying East of the westerly 968 feet and West of the
Sucker River, Section 30, Township 52 North, Range 12 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 32. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and ensure
accuracy.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) the East Half of the Northwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West, subject to an existing easement;
new text end

new text begin (2) the North 407 feet of that part of Lot 4 lying South of the east and west centerline
of Section 20, Section 20, Township 51 North, Range 16 West;
new text end

new text begin new text end

new text begin (3) Lots 1, 2, and 3, Childs Birch Grove Tracts, Grand Lake, Section 20, Township
51 North, Range 16 West;
new text end

new text begin (4) Lots 28 and 29, Briar Lake Shores 3rd Addition, North Star, Section 15,
Township 53 North, Range 13 West; and
new text end

new text begin (5) the East Half of the Southeast Quarter of the Northwest Quarter, Section 26,
Township 60 North, Range 17 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 33. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given the location
of property lines, on each side of the centerline of the designated trout stream to provide
riparian protection and angler access. For the parcels described in paragraph (c), clauses
(6) and (7), a 33-foot strip across the easement shall be allowed for road access and utilities.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) the Southwest Quarter of the Southeast Quarter, except 4.56 acres for a road and
except that part lying South and West of Highway 2, Section 8, Township 50 North,
Range 16 West;
new text end

new text begin (2) the East Half of the Northeast Quarter of the Northwest Quarter, except the
railway right-of-way and except the highway right-of-way, Section 17, Township 51
North, Range 12 West;
new text end

new text begin (3) the West Half of the Northwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West;
new text end

new text begin (4) the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West;
new text end

new text begin (5) the West five acres of the South 15 acres of the North 30 acres of the Northeast
Quarter of the Southeast Quarter, Section 27, Township 51 North, Range 14 West;
new text end

new text begin (6) the East Half of the Southeast Quarter of the Southeast Quarter of the Northwest
Quarter, Section 27, Township 51 North, Range 14 West; and
new text end

new text begin (7) the East Half of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter, except the West 25 feet, Section 27, Township 51 North, Range 14 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 34. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. The easements
shall be 150 feet in width, lying 75 feet on each side of the centerline of the stream to
provide riparian protection and angler access. For the parcel described in paragraph (c),
clause (4), a 33-foot strip across the easement shall be allowed for road access and utilities.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) the Northwest Quarter of the Southeast Quarter, except the North Half, Section
15, Township 50 North, Range 15 West;
new text end

new text begin (2) the Southeast Quarter of the Northeast Quarter, Section 19, Township 53 North,
Range 20 West;
new text end

new text begin (3) the westerly 330 feet of the South Half of the Northwest Quarter of the Southwest
Quarter, Section 11, Township 56 North, Range 20 West; and
new text end

new text begin (4) the Southwest Quarter of the Southwest Quarter, except the South Half of the
Southwest Quarter of the Southwest Quarter and except the North ten acres, Section
34, Township 50 North, Range 15 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 35. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyances must be in a form approved by the attorney general. The
attorney general may make changes to the land descriptions to correct errors and
ensure accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37. For the parcel
described in paragraph (c), clause (1), the easement must be 100 feet in width from the
centerline of the designated trout stream to provide riparian protection and angler access.
For the parcel described in paragraph (c), clause (2), the easement must be 200 feet in
width from the centerline of the stream to provide riparian protection and angler access.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as:
new text end

new text begin (1) Lots 511 through 515, Homecroft Park, town of Rice Lake, Section 34, Township
51 North, Range 14 West; and
new text end

new text begin (2) that part of the Lot 2 lying East of a line parallel with and 150 feet East of the
centerline of the Duluth, Missabe and Iron Range Railway, Section 17, Township 51
North, Range 17 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 36. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
The conveyance must include a deed restriction that prohibits buildings, structures, tree
cutting, removal of vegetation, and shoreland alterations within an area 100 feet in width,
lying 50 feet on each side of the centerline of streams that are tributaries to the Sand River.
new text end

new text begin (c) The land to be sold is located in St. Louis County and is described as: the North
416 feet of the East 416 feet of the Southwest Quarter of the Southwest Quarter, Section
10, Township 59 North, Range 17 West.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end

Sec. 37. new text begin PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON
COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell to a political subdivision by private sale the surplus land
that is described in paragraph (c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Washington County and is described as:
new text end

new text begin (1) that part of the Northwest Quarter of the Northwest Quarter of Section 19,
Township 32, Range 21, lying South of the centerline of Highway 97; and
new text end

new text begin (2) that part of the Southwest Quarter of Section 19, Township 32 North, Range 21
West, Washington County, Minnesota, described as follows: beginning at the southwest
corner of said Southwest Quarter; thence on an assumed bearing of South 89 degrees
50 minutes 33 seconds East along the south line of said Southwest Quarter 1555.59
feet; thence North 11 degrees 40 minutes 58 seconds East 720.70 feet; thence North 53
degrees 20 minutes 40 seconds West 436.77 feet; thence North 45 degrees 10 minutes 18
seconds West 222.72 feet to the southerly boundary of the recorded plat of BASSWOOD
ESTATES, on file and of record in the Office of the County Recorder; thence westerly
along the southerly boundary of said BASSWOOD ESTATES to the southwesterly corner
thereof; thence northerly along the westerly boundary of said BASSWOOD ESTATES to
the most northerly corner of Lot 2 of Block 3 of said BASSWOOD ESTATES; thence
westerly to a point on the west line of said Southwest Quarter 407.50 feet southerly of
the northwest corner of said Southwest Quarter; thence South 00 degrees 23 minutes 19
seconds East along the west line of said Southwest Quarter 2238.63 feet to the point
of beginning.
new text end

new text begin These parcels contain 57.2 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a political
subdivision. A political subdivision would like to use these parcels as wetland mitigation
sites.
new text end

new text begin (e) This sale is the result of the intent expressed by of the city of Columbus and
Anoka County to allow the commissioner of natural resources to replace the approximately
57 acres of land with land adjacent to the Carlos Avery Wildlife Management Area from
willing sellers as identified in the November 19, 2007, Department of Natural Resources'
land acquisition plan.
new text end

Sec. 38. new text begin PRIVATE SALE OF SURPLUS STATE LAND; WASHINGTON
COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described in paragraph
(c).
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end

new text begin (c) The land that may be sold is located in Washington County and is described
as: the West 750 feet of the East 1,130.6 feet of the North 786.72 feet of the Northwest
Quarter of the Northeast Quarter of Section 15, Township 29 North, Range 20 West,
containing 13.5 acres, more or less.
new text end

new text begin (d) The Department of Natural Resources has determined that the land is not needed
for natural resource purposes. The state's land management interests would best be served
if the land was sold to an adjacent landowner, as the property described in paragraph (c)
does not have legal access to a public road.
new text end

Sec. 39. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington County
may sell by private sale or convey for no consideration to the United States of America,
acting through the United States National Park Service, Department of the Interior, the
tax-forfeited land bordering public water that is described in paragraph (c), under the
remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in Washington County and is described as:
new text end

new text begin (1) Parcel A (PIN 29.031.19.22.0001): Section 29, Township 31, Range 19,
Government Lot 5;
new text end

new text begin (2) Parcel B (PIN 20.031.19.22.0001): Section 20, Township 31, Range 19,
Government Lot 5;
new text end

new text begin (3) Parcel C (PIN 17.031.19.32.0001): Section 17, Township 31, Range 19,
Government Lot 4;
new text end

new text begin (4) Parcel D (PIN 18.032.19.11.0001): Section 18, Township 32, Range 19,
Government Lot 2; and
new text end

new text begin (5) Parcel E (PIN 18.032.19.14.0001): Section 18, Township 32, Range 19,
Government Lot 3.
new text end

new text begin (d) The county has determined that the county's land management interests would
best be served if the lands were sold or conveyed to the United States of America and
managed by the National Park Service.
new text end

Sec. 40. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end

new text begin (b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end

new text begin (c) The land to be sold is located in Washington County and is described as: Parcel
A (PIN 09.032.21.43.0070): Lot 8, Block 3, excepting therefrom the East 200 feet thereof
of Skoglund's Park Addition, as surveyed and platted and now on file and of record in the
Office of the Registrar of Titles of said County of Washington, State of Minnesota.
new text end

new text begin (d) The sale would be to an adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
The county may split the parcel described in paragraph (c), as allowed in Minnesota
Statutes, section 282.01, and sell the resulting parcels if the county finds a split to be
advantageous for the purpose of sale.
new text end

Sec. 41. new text begin CONVEYANCE OF DRAINAGE DISTRICT LAND; WINONA
COUNTY.
new text end

new text begin The Rushford Area Drainage and Conservancy District, established by order of
the Tenth Judicial District Court on February 20, 1953, was terminated on January 1,
1988, by Laws 1987, chapter 239, section 140. The land that was owned by the Rushford
Area Drainage and Conservancy District in Winona County is now owned by the state
of Minnesota and is hereby transferred to the commissioner of natural resources for
administration and management for conservation purposes.
new text end

Sec. 42. new text begin DEPOSIT OF PROCEEDS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 97A.055, subdivision 1, the proceeds
resulting from the 2010 sale of a transportation road easement on the Lamprey Pass
Wildlife Management Area to construct a road overpass on County Road 83 in Washington
County shall be deposited in the land acquisition account, established under Minnesota
Statutes, section 94.165.
new text end

Sec. 43. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 10 to 41 are effective the day following final enactment.
new text end

ARTICLE 5

ENERGY

Section 1.

new text begin [116C.7791] SOLAR PHOTOVOLTAIC MODULE REBATE
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, the following terms
have the meaning given.
new text end

new text begin (a) "Installation" means an array of solar photovoltaic modules attached to a building
that will use the electricity generated by the solar photovoltaic modules or placed on a
facility or property proximate to that building.
new text end

new text begin (b) "Manufactured" means the material production of solar photovoltaic modules,
including the tabbing, stringing, and lamination processes or any existing Minnesota
manufacturer that produces the interconnection of low-voltage solar photo-active elements
so as to produce the final useful photovoltaic output.
new text end

new text begin (c) "Qualified owner" means an owner of a residence, multifamily residence,
business, or publicly owned building located in the assigned service area of the utility
subject to Minnesota Statutes, section 116C.779, but does not include an entity engaged in
the business of generating or selling electricity at retail, or an unregulated subsidiary of
such an entity.
new text end

new text begin (d) "Solar photovoltaic module" means the smallest, nondivisible, self-contained
physical structure housing interconnected photovoltaic cells and providing a single direct
current of electrical output.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner of commerce shall establish a program
consistent with this section to provide rebates to a qualified owner for installing solar
photovoltaic modules manufactured in Minnesota after December 31, 2009.
new text end

new text begin Subd. 3. new text end

new text begin Rebate eligibility. new text end

new text begin (a) To be eligible for a rebate under this section, a
solar module:
new text end

new text begin (1) must be manufactured in Minnesota;
new text end

new text begin (2) must be installed as part of a system whose generating capacity does not exceed
100 kilowatts;
new text end

new text begin (3) must be certified by Underwriters Laboratory, or must have received the ETL
listed mark from Intertek, or must have an equivalent certification from an independent
testing agency;
new text end

new text begin (4) may or may not be connected to a utility grid;
new text end

new text begin (5) must be installed by a person certified as a solar photovoltaic installer by the
North American Board of Certified Energy Practitioners; and
new text end

new text begin (6) may not be used to sell, transmit, or distribute the electrical energy at retail and
may not provide for end use from an off-site facility of the electrical energy. On-site
generation is allowed to the extent provided for in Minnesota Statutes, section 216B.1611.
new text end

new text begin (b) To be eligible for a rebate under this section, an applicant must have applied for
and been awarded a rebate or other form of financial assistance available exclusively to
owners of properties on which solar photovoltaic modules are installed that is offered by:
new text end

new text begin (1) the utility serving the property on which the solar photovoltaic modules are to
be installed; or
new text end

new text begin (2) this state, under an authority other than this section.
new text end

new text begin (c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is
eligible if the applicant's failure to be awarded a rebate or other form of financial assistance
is due solely to a lack of available funds from a utility or the state.
new text end

new text begin Subd. 4. new text end

new text begin Rebate amount and payment. new text end

new text begin (a) The amount of a rebate under
this section is the difference between the sum of all rebates described in subdivision
3, paragraph (b), awarded to the applicant and an amount not to exceed $5 per watt of
installed generating capacity.
new text end

new text begin (b) Notwithstanding paragraph (a), the amount of all rebates or other forms of
financial assistance from a utility and the state, net of applicable federal income taxes
applied at the highest applicable income tax rates, including any rebate paid under this
section, shall not exceed 60 percent of the total installed cost.
new text end

new text begin (c) Rebates must be awarded to eligible applicants beginning July 1, 2010.
new text end

new text begin (d) The rebate must be paid out proportionately in five consecutive annual
installments.
new text end

new text begin Subd. 5. new text end

new text begin Rebate program funding. new text end

new text begin (a) The following amounts must be allocated
from the renewable development account established in section 116C.779 to the
commissioner of commerce and are appropriated for the solar photovoltaic module rebate
program in this section:
new text end

new text begin (1) $2,000,000 in fiscal year 2011;
new text end

new text begin (2) $4,000,000 in fiscal year 2012;
new text end

new text begin (3) $5,000,000 in fiscal year 2013;
new text end

new text begin (4) $5,000,000 in fiscal year 2014; and
new text end

new text begin (5) $5,000,000 in fiscal year 2015.
new text end

new text begin (b) The amounts allocated are available until the money is expended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

new text begin (a) new text end For the purpose of this section, new text begin the following terms
have the meanings given.
new text end

new text begin (b) new text end "Green economy" means products, processes, methods, technologies, or services
intended to do one or more of the following:

(1) increase the use of energy from renewable sources, including through achieving
the renewable energy standard established in section 216B.1691;

(2) achieve the statewide energy-savings goal established in section 216B.2401,
including energy savings achieved by the conservation investment program under section
216B.241;

(3) achieve the greenhouse gas emission reduction goals of section 216H.02,
subdivision 1, including through reduction of greenhouse gas emissions, as defined in
section 216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
but not limited to, carbon capture, storage, or sequestration;

(4) monitor, protect, restore, and preserve the quality of surface waters, including
actions to further the purposes of the Clean Water Legacy Act as provided in section
114D.10, subdivision 1; deleted text begin or
deleted text end

(5) expand the use of biofuels, including by expanding the feasibility or reducing the
cost of producing biofuels or the types of equipment, machinery, and vehicles that can
use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections
41A.10, subdivision 2, and 41A.11 new text begin ; or
new text end

new text begin (6) increase the use of green chemistry, as defined in section 116.9401 new text end .

For the purpose of clause (3), "green economy" includes strategies that reduce carbon
emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
transit or otherwise reducing commuting for employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Supplemental staffing assessment. new text end

new text begin In addition to other assessments in
subdivision 3, the commission may assess up to $800,000 per year for supplemental
staffing to implement requirements of this chapter. The amount in this subdivision shall
be assessed to the several public utilities in proportion to their respective gross operating
revenues from retail sales of gas or electric service within the state during the last calendar
year, shall be deposited into an account in the special revenue fund, and appropriated to
the commission. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law.
new text end

Sec. 4.

Laws 2009, chapter 37, article 2, section 13, is amended to read:

Sec. 13. APPROPRIATIONS; CANCELLATIONS.

(a) The remaining balance of the fiscal year 2009 special revenue fund appropriation
for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3,
subdivision 4, is transferred and appropriated to the commissioner of employment and
economic development for the purposes of green enterprise assistance under Minnesota
Statutes, section 116J.438. This appropriation is available until spent.

(b) The unencumbered balance of the fiscal year 2008 appropriation to the
commissioner of commerce for the rural and energy development revolving loan
fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and
reappropriated new text begin to the commissioner of commerce new text end as follows:

(1) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges
and Universities for the International Renewable Energy Technology Institute (IRETI) to
be located at Minnesota State University, Mankato, as a public and private partnership to
support applied research in renewable energy and energy efficiency to aid in the transfer of
technology from Sweden to Minnesota and to support technology commercialization from
companies located in Minnesota and throughout the world; and

(2) the remaining balance is for a grant to the Board of Regents of the University of
Minnesota for the initiative for renewable energy and the environment to fund start up
costs related to a national solar testing and certification laboratory to test, rate, and certify
the performance of equipment and devices that utilize solar energy for heating and cooling
air and water and for generating electricity.

This appropriation is available until expended.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin NEIGHBORHOOD ENERGY PLANNING AND IMPLEMENTATION
PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Project. new text end

new text begin The utility subject to Minnesota Statutes, section 116C.779,
shall transfer $80,000 from the renewable development account established under that
section to the commissioner of commerce, who shall deposit it in the special revenue
fund for a grant to the Clean Energy Resource Team serving the Twin Cities to organize
and implement a community planning process that will produce and implement a
comprehensive plan to promote investments in energy conservation and renewable energy
in the following Minnesota neighborhoods:
new text end

new text begin (1) a neighborhood located within one mile of a below-grade bike and walking path
more than four miles long that connects with other bike paths along a river, and whose
population density exceeds 8,000 persons per square mile; and
new text end

new text begin (2) a neighborhood that is south of Burlington Northern Santa Fe railway lines and
within one mile of a state trunk highway, located within one mile of a county border, that
connects two interstate highways that cross the same river.
new text end

new text begin The planning process must seek to maximize the participation of neighborhood building
owners and renters, businesses, churches, other neighborhood institutions, local hospitals,
the utility serving the neighborhood, and the city in which the neighborhoods are located.
The Clean Energy Resource Team shall contact representatives of similar successful
planning processes in other states to benefit from their experience and to learn about best
practices that can be replicated in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin $80,000 from the money deposited in the special revenue
fund under subdivision 1 is appropriated to the commissioner of commerce for the
purposes of subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end