1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for environmental, 1.4 natural resources, and agricultural purposes; 1.5 providing for regulation of certain activities and 1.6 practices; amending Minnesota Statutes 1998, sections 1.7 18E.04, subdivision 4; 85.34, subdivision 1, and by 1.8 adding subdivisions; 97A.055, subdivisions 1 and 2; 1.9 97A.071, subdivision 2; 97A.411, subdivision 1; 1.10 97A.421; 97A.475, subdivisions 2, 3, 4, 6, 7, 8, 11, 1.11 12, 13, and 20; 97A.485, subdivision 12; 115B.17, 1.12 subdivision 19; 297A.44, subdivision 1; and 383B.235, 1.13 by adding a subdivision; Minnesota Statutes 1999 1.14 Supplement, sections 97A.075, subdivision 1; and 1.15 97B.020; Laws 1998, chapter 404, section 7, 1.16 subdivision 23, as amended; Laws 1999, chapter 231, 1.17 section 6, as amended; Laws 1999, chapter 231, section 1.18 11, subdivision 3; Laws 1999, chapter 231, section 14; 1.19 proposing coding for new law in Minnesota Statutes, 1.20 chapter 97A. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. [APPROPRIATIONS.] 1.23 The sums shown in the columns marked "APPROPRIATIONS" are 1.24 appropriated from the general fund, or any other fund named, to 1.25 the agencies and for the purposes specified in this act, to be 1.26 available for the fiscal years indicated for each purpose. The 1.27 figures "2000" and "2001" mean that the appropriation or 1.28 appropriations listed under them are available for the fiscal 1.29 year ending June 30, 2000, or June 30, 2001, respectively, and 1.30 if an earlier appropriation was made for that purpose for that 1.31 year, the appropriation in this act is added to it. Where a 1.32 dollar amount appears in parentheses, it means a reduction of an 1.33 earlier appropriation for that purpose for that year. 2.1 APPROPRIATIONS 2.2 Available for the Year 2.3 Ending June 30 2.4 2000 2001 2.5 Sec. 2. POLLUTION CONTROL AGENCY -0- 410,000 2.6 To administer the wastewater 2.7 infrastructure fund. This is a 2.8 one-time appropriation and is available 2.9 until June 30, 2001. 2.10 Sec. 3. NATURAL RESOURCES 5,414,000 31,149,000 2.11 $3,955,000 in fiscal year 2000 is for 2.12 the settlement of legal costs incurred 2.13 by the Mille Lacs Band, St. Croix Band, 2.14 Bad River Band, Red Cliff Band, Lac du 2.15 Flambeau Band, Sokaogon Chippewa 2.16 Community, and the Lac Courte Oreilles 2.17 Band related to the 1837 Treaty 2.18 litigation. 2.19 The money necessary for the interest 2.20 payment on the settlement of legal 2.21 costs in the 1837 Treaty litigation is 2.22 appropriated in fiscal year 2000. The 2.23 amount of the interest payment shall be 2.24 determined by applying an interest 2.25 amount of $614.30 for each day 2.26 beginning December 10, 1999, through 2.27 the day of payment of the legal costs. 2.28 $1,565,000 in fiscal year 2001 is for 2.29 fish and wildlife management. This is 2.30 a one-time appropriation. 2.31 $500,000 in fiscal year 2001 is for 2.32 expansion of the walleye stocking 2.33 program. This is a one-time 2.34 appropriation. In the next biennium, 2.35 this amount shall be added as a base 2.36 appropriation from revenue deposited in 2.37 the game and fish fund under Minnesota 2.38 Statutes, section 297A.44, subdivision 2.39 1. 2.40 $3,591,000 in fiscal year 2001 from the 2.41 game and fish fund is for fish and 2.42 wildlife management. 2.43 $825,000 in fiscal year 2001 from the 2.44 game and fish fund is for enforcement 2.45 of natural resources laws. 2.46 $60,000 in fiscal year 2001 is from the 2.47 game and fish fund for administration 2.48 and marketing of lifetime licenses. 2.49 The commissioner may use up to 50 2.50 percent of a snowmobile maintenance and 2.51 grooming grant under Minnesota 2.52 Statutes, section 84.83, that was 2.53 available as of December 31, 1999, to 2.54 reimburse the intended recipient for 2.55 the actual cost of snowmobile trail 2.56 grooming equipment. The costs must be 2.57 incurred in fiscal year 2000 and 2.58 recipients seeking reimbursement under 2.59 this paragraph must provide acceptable 2.60 documentation of the costs to the 3.1 commissioner. All applications for 3.2 reimbursement under this paragraph must 3.3 be received no later than September 1, 3.4 2000. 3.5 $1,459,000 in fiscal year 2000 is for 3.6 grants to Lake, Cook, and St. Louis 3.7 counties for emergency communications 3.8 equipment, emergency response 3.9 equipment, and emergency planning and 3.10 training to respond to a major 3.11 wildfire. Of this amount, $227,000 is 3.12 for a grant to Lake county, $430,000 is 3.13 for a grant to Cook county, and 3.14 $802,000 is for a grant to St. Louis 3.15 county. St. Louis county must use a 3.16 portion of the grant to purchase a NOAA 3.17 warning system that can be used by all 3.18 of the counties receiving grants under 3.19 this section. This appropriation is 3.20 available until June 30, 2001. 3.21 $12,304,000 in fiscal year 2001 is from 3.22 the game and fish fund for improvement, 3.23 enhancement, and protection of fish and 3.24 wildlife resources. This appropriation 3.25 is from the revenue deposited to the 3.26 game and fish fund under Minnesota 3.27 Statutes, section 297A.44, subdivision 3.28 1, paragraph (e), clause (1), and is 3.29 subject to the restrictions contained 3.30 in paragraph (e). 3.31 $4,537,000 in fiscal year 2001 is from 3.32 the natural resources fund for state 3.33 park and recreation area operations. 3.34 First priority for money appropriated 3.35 in this paragraph must be to restore 3.36 camping activities during September and 3.37 May at state parks where the camping 3.38 season has been restricted due to 3.39 budget shortfalls. This appropriation 3.40 is from the revenue deposited to the 3.41 natural resources fund under Minnesota 3.42 Statutes, section 297A.44, subdivision 3.43 1, paragraph (e), clause (2). 3.44 $1,000,000 in fiscal year 2001 is from 3.45 the natural resources fund for state 3.46 trail operations. This appropriation 3.47 is from the revenue deposited to the 3.48 natural resources fund under Minnesota 3.49 Statutes, section 297A.44, subdivision 3.50 1, paragraph (e), clause (2). 3.51 $5,537,000 in fiscal year 2001 is from 3.52 the natural resources fund for payment 3.53 of a grant to the metropolitan council 3.54 for metropolitan area regional parks 3.55 and trails maintenance and operations. 3.56 This appropriation is from the revenue 3.57 deposited to the natural resources fund 3.58 under Minnesota Statutes, section 3.59 297A.44, subdivision 1, paragraph (e), 3.60 clause (3). 3.61 $738,000 in fiscal year 2001 is from 3.62 the natural resources fund for trail 3.63 grants to local units of government on 3.64 land to be maintained for at least 20 3.65 years for the purposes of the grant. 4.1 This appropriation is from the revenue 4.2 deposited to the natural resources fund 4.3 under Minnesota Statutes, section 4.4 297A.44, subdivision 1, paragraph (e), 4.5 clause (4). 4.6 $492,000 in fiscal year 2001 is from 4.7 the natural resources fund for grants 4.8 of $164,000 each to the Minnesota 4.9 zoological garden, the city of St. Paul 4.10 for the Como Zoo and Conservatory, and 4.11 the city of Duluth for the Duluth Zoo. 4.12 This appropriation is from the revenue 4.13 deposited to the natural resources fund 4.14 under Minnesota Statutes, section 4.15 297A.44, subdivision 1, paragraph (e), 4.16 clause (5). 4.17 Sec. 4. BOARD OF WATER 4.18 AND SOIL RESOURCES -0- 400,000 4.19 For professional and technical services 4.20 to replace wetlands under Minnesota 4.21 Statutes, section 103G.222, subdivision 4.22 1. This is a one-time appropriation. 4.23 Sec. 5. AGRICULTURE 1,020,000 636,000 4.24 $200,000 is for the farm advocates 4.25 program. This appropriation is a 4.26 one-time appropriation and is available 4.27 until June 30, 2001. 4.28 $287,000 in fiscal year 2001 is to 4.29 expand the concept of the Minnesota 4.30 grown pilot program under Laws 1998, 4.31 chapter 401, section 6. This is a 4.32 one-time appropriation. 4.33 $400,000 in fiscal year 2000 is to 4.34 establish an agricultural water quality 4.35 and quantity management, research, 4.36 demonstration, and education program. 4.37 Of this appropriation, $200,000 is for 4.38 projects at the Lamberton site and 4.39 $200,000 is for projects at the Waseca 4.40 site. The commissioner may contract 4.41 with the University of Minnesota or 4.42 other parties for the implementation of 4.43 parts of the program. This 4.44 appropriation is available until spent 4.45 and is a one-time appropriation. 4.46 $120,000 in fiscal year 2000 and 4.47 $374,000 in fiscal year 2001 are for 4.48 expansion of the state meat inspection 4.49 program. If the appropriation for 4.50 either year is insufficient, the 4.51 appropriation for the other year is 4.52 available. 4.53 $300,000 is appropriated from the 4.54 general fund to the commissioner of 4.55 agriculture for grants to organizations 4.56 participating in the farm wrap network 4.57 and the rural help network. The grants 4.58 may be used for outreach services, 4.59 legal and accounting services, and 4.60 informal mediation support for 4.61 farmers. This is a one-time 4.62 appropriation and is available until 5.1 June 30, 2001. 5.2 The appropriation for fiscal year 2001 5.3 in Laws 1999, chapter 231, section 11, 5.4 subdivision 2, for the dairy producers 5.5 board is canceled. 5.6 Sec. 6. BOARD OF ANIMAL HEALTH 245,000 -0- 5.7 $245,000 in fiscal year 2000 is added 5.8 to the appropriation for pseudorabies 5.9 control in Laws 1999, chapter 45, 5.10 section 1. This appropriation is 5.11 available until June 30, 2001. 5.12 Sec. 7. CITIZENS COUNCIL ON 5.13 VOYAGEURS NATIONAL PARK -0- 65,000 5.14 This is a one-time appropriation. 5.15 Sec. 8. Minnesota Statutes 1998, section 18E.04, 5.16 subdivision 4, is amended to read: 5.17 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 5.18 a person that is eligible for reimbursement or payment under 5.19 subdivisions 1, 2, and 3 from the agricultural chemical response 5.20 and reimbursement account for: 5.21 (1) 90 percent of the total reasonable and necessary 5.22 corrective action costs greater than $1,000 and less than or 5.23 equal to $100,000;and5.24 (2) 100 percent of the total reasonable and necessary 5.25 corrective action costs greater than $100,000 but less than or 5.26 equal to $200,000; 5.27 (3) 80 percent of the total reasonable and necessary 5.28 corrective action costs greater than $200,000 but less than or 5.29 equal to $300,000; and 5.30 (4) 60 percent of the total reasonable and necessary 5.31 corrective action costs greater than $300,000 but less than or 5.32 equal to $350,000. 5.33 (b) A reimbursement or payment may not be made until the 5.34 board has determined that the costs are reasonable and are for a 5.35 reimbursement of the costs that were actually incurred. 5.36 (c) The board may make periodic payments or reimbursements 5.37 as corrective action costs are incurred upon receipt of invoices 5.38 for the corrective action costs. 5.39 (d) Money in the agricultural chemical response and 5.40 reimbursement account is appropriated to the commissioner to 6.1 make payments and reimbursements directed by the board under 6.2 this subdivision. 6.3 (e) The board may not make reimbursement greater than the 6.4 maximum allowed under paragraph (a) for all incidents on a 6.5 single site which: 6.6 (1) were not reported at the time of release but were 6.7 discovered and reported after July 1, 1989; and 6.8 (2) may have occurred prior to July 1, 1989, as determined 6.9 by the commissioner. 6.10 (f) The board may only reimburse an eligible person for 6.11 separate incidents within a single site if the commissioner 6.12 determines that each incident is completely separate and 6.13 distinct in respect of location within the single site or time 6.14 of occurrence. 6.15 Sec. 9. [BIG BOG STATE RECREATION AREA.] 6.16 Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE 6.17 RECREATION AREA, BELTRAMI COUNTY.] Big Bog state recreation area 6.18 is established in Beltrami county. 6.19 Subd. 2. [PURPOSE.] The Big Bog state recreation area is 6.20 created to expand and diversify regional recreational 6.21 opportunities and to enrich the cultural, biological, and 6.22 historical opportunities for visitors to an area of the state 6.23 that has suffered severe economic distress. The Big Bog 6.24 recreational area will also enhance public appreciation and 6.25 provide for the long-term protection of a unique ecosystem. 6.26 Subd. 3. [BOUNDARIES.] The following described lands are 6.27 located within the boundaries of Big Bog state recreation area, 6.28 all in Beltrami county: 6.29 (1) Government Lots 1, 2, and 3 of Section 8, Township 154 6.30 North, Range 30 West, EXCEPT a tract in Government Lot 3 6.31 beginning 100 feet North of the South boundary of Government Lot 6.32 3 on the east right-of-way line of State Trunk Highway 72; 6.33 thence northerly 200 feet along said trunk highway; thence East 6.34 to the westerly right-of-way line of old Trunk Highway 72; 6.35 thence southerly 200 feet along said right-of-way line; thence 6.36 westerly to the point of beginning; 7.1 (2) all of Sections 25, 26, and 27; the east Half, the 7.2 Northwest Quarter, and the North Half of the Southwest Quarter 7.3 of Section 34; the North Half and the Southwest Quarter of 7.4 Section 35; the North Half, the East Half of the Southwest 7.5 Quarter, the Southwest Quarter of the Southwest Quarter, the 7.6 West Half of the Southeast Quarter, and the Southeast Quarter of 7.7 the Southeast Quarter of Section 36, all in Township 156 North, 7.8 Range 31 West; and 7.9 (3) all of Sections 1 and 2; the East Half of Section 3; 7.10 the East Half, the Southeast Quarter of the Northwest Quarter, 7.11 the East Half of the Southwest Quarter, and the Southwest 7.12 Quarter of the Southwest Quarter of Section 10; and all of 7.13 Sections 11, 12, 13, 14, and 15, all in Township 155 North, 7.14 Range 31 West. 7.15 Subd. 4. [ADMINISTRATION.] The commissioner of natural 7.16 resources shall administer the area according to Minnesota 7.17 Statutes, section 86A.05, subdivision 3, subject to existing 7.18 rules and regulations for state recreation areas. 7.19 Subd. 5. [CONTINUED LEASE OF LAND IN BIG BOG STATE 7.20 RECREATION AREA.] Notwithstanding Minnesota Statutes, sections 7.21 85.011, 85.013, 85.053, and 86A.05, the commissioner of natural 7.22 resources may continue to lease, upon the terms and conditions 7.23 as the commissioner may prescribe and in the form approved by 7.24 the attorney general, land within the Big Bog state recreation 7.25 area that is included in lease number 144-15-109 to Waskish 7.26 township. 7.27 Sec. 10. [RED RIVER STATE RECREATION AREA.] 7.28 Subdivision 1. [85.013] [Subd. 20a.] [RED RIVER STATE 7.29 RECREATION AREA, POLK COUNTY.] The Red River state recreation 7.30 area is established in Polk county. 7.31 Subd. 2. [BOUNDARIES.] The following described lands are 7.32 located within the boundaries of the Red River state recreation 7.33 area, all in Polk county: 7.34 (1) Lots 3 to 14 of Block 2 including streets and alleys 7.35 adjacent thereto in Riverside Addition; 7.36 (2) Block 1 including streets and alleys adjacent thereto 8.1 in Surprenant's Addition; 8.2 (3) Lots 1 to 24 including streets and alleys adjacent 8.3 thereto in Grigg's Addition; 8.4 (4) Lots 2, 4, 6, 8, 10, and 12 of Block 1, Block 3, Lots 1 8.5 to 10 of Block 4, and Lots 1 to 12 in Blocks A and B including 8.6 streets and alleys adjacent thereto in Grand Forks East; 8.7 (5) Lots 1 to 5 of Block 1 and Blocks 2 to 14 including 8.8 streets and alleys adjacent thereto in Lake Park Addition; 8.9 (6) Lots 1 to 7 and Lots 19 to 24 of Block 2 including 8.10 streets and alleys adjacent thereto in E.B. Frederick's 8.11 Addition; 8.12 (7) Lots 1 to 3 of Block 1 and Blocks 2, 3, and 4 including 8.13 streets and alleys adjacent thereto in Budge's First Addition; 8.14 (8) Lots 1 to 4 of Block 1 including streets and alleys 8.15 adjacent thereto in River Heights 1st Addition; 8.16 (9) Blocks 1 and 2 including streets and alleys adjacent 8.17 thereto in Thompson's Addition; 8.18 (10) Lots 1 to 12 of Block 1, Lots 4 to 12 of Block 2, 8.19 Block 3, and Lots 1 to 4 of Block 4 in Edwards Outlots and 8.20 Outlots 4 to 8 including streets and alleys adjacent thereto in 8.21 Auditor's Plat of Outlots; 8.22 (11) Auditor's Plat of Mrs. Hines' Outlot; 8.23 (12) Lots 6, 8, 10, 12, 14, 16, 18, 20, 22, and 24 of Block 8.24 3 and Lots 1 to 8 of Block 2 including streets and alleys 8.25 adjacent thereto in the Original Townsite of East Grand Forks; 8.26 (13) Blocks 1 to 8 including streets and alleys adjacent 8.27 thereto in Woodland Addition; 8.28 (14) Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and 23 of 8.29 Block 31 and Blocks 32 to 38 including streets and alleys 8.30 adjacent thereto in Traill's Addition; 8.31 (15) Blocks 2 to 16 including streets and alleys adjacent 8.32 thereto in Elm Grove; 8.33 (16) Block 1, Lots 1 to 11 of Block 2, and Lots 1 to 11 of 8.34 Block 3 including streets and alleys adjacent thereto in O'Leary 8.35 and Ryan's Addition to Elm Grove; 8.36 (17) Lots 6 to 10 of Block 1, Lots 8 to 35 of Block 2, 9.1 Blocks 3, 4, and 5 including streets and alleys adjacent thereto 9.2 in Folson Park Addition; 9.3 (18) Lots 1 to 6 of Block 1 in Jerome's Addition; 9.4 (19) Lots 1 to 4 of Block 3 in Prestige Addition; 9.5 (20) Lots 1 to 14 of Block 1 in Riverview Addition; 9.6 (21) Lots 6 to 16 of Block 3 in Riverview 3rd Addition; 9.7 (22) Lots 1 to 4 of Block 1 in Riverview 4th Addition; 9.8 (23) Lots 1 and 2 of Block 1 in Riverview 5th Addition; 9.9 (24) Lots 1 to 9 of Block 1 and Outlot A in Riverview 6th 9.10 Addition; 9.11 (25) Lots 1 to 18 of Block 1 and Lots 1 to 5 of Block 2 9.12 including streets and alleys adjacent thereto in Timberline 2nd 9.13 Addition; 9.14 (26) Lots 14 to 16 of Block 1 including streets and alleys 9.15 adjacent thereto in Timberline Addition; 9.16 (27) Lots 19 and 20 including streets and alleys adjacent 9.17 thereto in Murphy's Outlots; 9.18 (28) Lots 1 to 10 of Block 1 including streets and alleys 9.19 thereto in Croy's 2nd Addition; 9.20 (29) Lots 1 to 6 of Block 1 including the streets and 9.21 alleys adjacent thereto in Point of Woods 2nd Addition; 9.22 (30) Lots 1 to 6 of Block 1 including the streets and 9.23 alleys adjacent thereto in Point of Woods Addition; 9.24 (31) the unplatted portions of Government Lots 1, 2, and 3 9.25 of Section 35, Township 152 North, Range 50 West; 9.26 (32) all of Government Lot 7, the unplatted portion of 9.27 Government Lot 9, and that part of Government Lots 6 and 8 and 9.28 the Southeast Quarter of the Southeast Quarter lying 9.29 southwesterly of the southwesterly right-of-way line of the 9.30 Burlington Northern and Santa Fe Railroad of Section 1, Township 9.31 151 North, Range 50 West; 9.32 (33) the unplatted portions of Government Lots 2, 3, 4, 5, 9.33 and 6 of Section 2, Township 151 North, Range 50 West; 9.34 (34) all of Government Lots 1 and 2 of Section 11, Township 9.35 151 North, Range 50 West; 9.36 (35) all of Government Lots 1, 7, and 11, the unplatted 10.1 portions of Government Lots 3, 5, 9, and 10, and the Northeast 10.2 Quarter of the Northwest Quarter of Section 12, Township 151 10.3 North, Range 50; 10.4 (36) all of Government Lots 1 and 2, the Southwest Quarter 10.5 of the Northwest Quarter, and the Northwest Quarter of the 10.6 Southwest Quarter of Section 13, Township 151 North, Range 50 10.7 West; 10.8 (37) all of Government Lots 1, 2, 3, and 4 of Section 14; 10.9 Township 151 North, Range 50 West; 10.10 (38) that part of Government Lot 7 lying southwesterly of 10.11 the southwesterly right-of-way line of the Burlington Northern 10.12 and Santa Fe Railroad of Section 6, Township 151 North, Range 49 10.13 West; and 10.14 (39) all of Government Lots 2, 6, 7, and 9, the Northwest 10.15 Quarter of the Northeast Quarter, the Northeast Quarter of the 10.16 Northeast Quarter, the unplatted portions of Government Lots 3 10.17 and 5, and that part of Government Lot 1 and the Northeast 10.18 Quarter of the Northwest Quarter lying southwesterly of the 10.19 southwesterly right-of-way line of the Burlington Northern and 10.20 Santa Fe Railroad of Section 7, Township 151 North, Range 49 10.21 West. 10.22 Subd. 3. [ADMINISTRATION.] The commissioner of natural 10.23 resources shall administer the area according to Minnesota 10.24 Statutes, section 86A.05, subdivision 3, subject to existing 10.25 rules and regulations for state recreation areas. The 10.26 commissioner shall appoint a citizens' oversight committee to 10.27 assist with developing and managing the area. The committee 10.28 shall serve without compensation and is exempt from Minnesota 10.29 Statutes, section 15.059. 10.30 Sec. 11. Minnesota Statutes 1998, section 85.34, 10.31 subdivision 1, is amended to read: 10.32 Subdivision 1. The commissioner of natural resources with 10.33 the approval of the Executive Council may lease for purposes of 10.34 restoration, preservation, historical, recreational, 10.35 educational, and commercial use and development, that portion of 10.36 Fort Snelling state park known as the upper bluff consisting of 11.1 officer's rowand, area J, the polo grounds, the adjacent golf 11.2 course, andresidential, storage and serviceall buildings and 11.3 improvements located thereon, all lying within an area bounded 11.4 by Minneapolis-St. Paul International Airport, trunkhighway11.5 highways numbered 5 and 55, Taylor avenue, Minnehaha avenue, and 11.6 Bloomington Road. The lease or leases shall be in a form 11.7 approved by the attorney general and for a term of not to exceed 11.8 99 years. The lease or leases may provide for the provision of 11.9 capital improvements or other performance by the tenant or 11.10 tenants in lieu of all or some of the payments of rent that 11.11 would otherwise be required. 11.12 Sec. 12. Minnesota Statutes 1998, section 85.34, is 11.13 amended by adding a subdivision to read: 11.14 Subd. 4. All receipts derived from the leasing or 11.15 operation of the property described in subdivision 1 shall be 11.16 deposited in the state treasury and be credited to the state 11.17 parks working capital account designated in section 85.22, 11.18 subdivision 1. Receipts and expenses from the leasing or 11.19 operation of the property described in subdivision 1 shall be 11.20 tracked separately within the account. Money in the account 11.21 derived from the leasing or operation of the property described 11.22 in subdivision 1 is annually appropriated for the payment of 11.23 expenses attributable to the leasing and operation of the 11.24 property described in subdivision 1, included but not limited to 11.25 the maintenance, repair, and rehabilitation of historic 11.26 buildings and landscapes. Any excess receipts in this account 11.27 are annually appropriated for historic preservation purposes 11.28 within state parks. 11.29 Sec. 13. Minnesota Statutes 1998, section 85.34, is 11.30 amended by adding a subdivision to read: 11.31 Subd. 5. The commissioner of natural resources may provide 11.32 an exception, in whole or in part, to the rules for use of state 11.33 parks and other recreational areas for property leased pursuant 11.34 to subdivision 1. The exception may be provided by 11.35 commissioner's order and shall be effective for the term of the 11.36 lease or such lesser period of time specified by the 12.1 commissioner. 12.2 Sec. 14. Minnesota Statutes 1998, section 97A.055, 12.3 subdivision 1, is amended to read: 12.4 Subdivision 1. [ESTABLISHMENT; PURPOSES.] The game and 12.5 fish fund is established as a fund in the state treasury. Money 12.6 appropriated from this fund must be spent in accordance with the 12.7 Federal Aid in Wildlife Restoration Act, as provided by United 12.8 States Code, title 16, sections 669 to 669i, and the Federal Aid 12.9 in Sport Fish Restoration Act, as provided by United States 12.10 Code, title 16, sections 777 to 777k. 12.11 Sec. 15. Minnesota Statutes 1998, section 97A.055, 12.12 subdivision 2, is amended to read: 12.13 Subd. 2. [RECEIPTS.] The state treasurer shall credit to 12.14 the game and fish fund all money received under the game and 12.15 fish laws including receipts from: 12.16 (1) licenses issued; 12.17 (2) fines and forfeited bail; 12.18 (3) sales of contraband, wild animals, and other property 12.19 under the control of the division; 12.20 (4) fees from advanced education courses for hunters and 12.21 trappers; 12.22 (5) reimbursements of expenditures by the division;and12.23 (6) contributions to the division; and 12.24 (7) revenue credited to the game and fish fund under 12.25 section 297A.44, subdivision 1, paragraph (e), clause (1). 12.26 Sec. 16. Minnesota Statutes 1998, section 97A.071, 12.27 subdivision 2, is amended to read: 12.28 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.] 12.29 Revenue from the small game surcharge and $4 annually from the 12.30 lifetime fish and wildlife trust fund, established in sections 12.31 97A.4742, for each license issued under section 97A.473, 12.32 subdivisions 3 and 5, and 97A.474, subdivision 3, shall be 12.33 credited to the wildlife acquisition account and the money in 12.34 the account shall be used by the commissioner only for the 12.35 purposes of this section, and acquisition and development of 12.36 wildlife lands under section 97A.145 and maintenance of the 13.1 lands, in accordance with appropriations made by the legislature. 13.2 Sec. 17. Minnesota Statutes 1999 Supplement, section 13.3 97A.075, subdivision 1, is amended to read: 13.4 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 13.5 of this subdivision, "deer license" means a license issued under 13.6 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 13.7 3, clauses (2), (3), and (7), and licenses issued under section 13.8 97B.301, subdivision 4. 13.9 (b) At least $2 from each annual deer license and $2 13.10 annually from the lifetime fish and wildlife trust fund, 13.11 established in section 97A.4742, for each license issued under 13.12 section 97A.473, subdivision 4, shall be used for deer habitat 13.13 improvement or deer management programs. 13.14 (c) At least $1 from each annual deer license and each bear 13.15 license and $1 annually from the lifetime fish and wildlife 13.16 trust fund, established in section 97A.4742, for each license 13.17 issued under section 97A.473, subdivision 4, shall be used for 13.18 deer and bear management programs, including a computerized 13.19 licensing system. Fifty cents from each deer license is 13.20 appropriated for emergency deer feeding. Money appropriated for 13.21 emergency deer feeding is available until expended. When the 13.22 unencumbered balance in the appropriation for emergency deer 13.23 feeding at the end of a fiscal year exceeds $1,500,000 for the 13.24 first time, $750,000 is canceled to the unappropriated balance 13.25 of the game and fish fund. 13.26 Thereafter, when the unencumbered balance in the 13.27 appropriation for emergency deer feeding exceeds $1,500,000 at 13.28 the end of a fiscal year, the unencumbered balance in excess of 13.29 $1,500,000 is canceled and available for deer and bear 13.30 management programs and computerized licensing. 13.31 Sec. 18. Minnesota Statutes 1998, section 97A.411, 13.32 subdivision 1, is amended to read: 13.33 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 13.34 paragraphs (b)and, (c), and (d), a license is valid during the 13.35 lawful time within the license year that the licensed activity 13.36 may be performed. A license year begins on the first day of 14.1 March and ends on the last day of February. 14.2 (b) A license issued under section 97A.475, subdivision 6, 14.3 clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or 14.4 (6), or 97A.475, subdivision 12, clause (2), is valid for the 14.5 full license period even if this period extends into the next 14.6 license year, provided that the license period selected by the 14.7 licensee begins at the time of issuance. 14.8 (c) When the last day of February falls on a Saturday, an 14.9 annual resident or nonresident fish house or dark house license, 14.10 including a rental fish house or dark house license, obtained 14.11 for the license year covering the last day of February, is valid 14.12 through Sunday, March 1 and the angling license of the fish 14.13 house licensee is extended through March 1. 14.14 (d) A lifetime license issued under section 97A.473 or 14.15 97A.474 is valid during the lawful time within the license year 14.16 that the licensed activity may be performed for the lifetime of 14.17 the licensee. 14.18 Sec. 19. Minnesota Statutes 1998, section 97A.421, is 14.19 amended to read: 14.20 97A.421 [VALIDITY AND ISSUANCE OF LICENSES AFTER 14.21 CONVICTION.] 14.22 Subdivision 1. [GENERAL.] (a) The annual license of a 14.23 person convicted of a violation of the game and fish laws 14.24 relating to the license or wild animals covered by the license 14.25 is void when: 14.26 (1) a second conviction occurs within three years under a 14.27 license to take small game or to take fish by angling or 14.28 spearing; 14.29 (2) a third conviction occurs within one year under a 14.30 minnow dealer's license; 14.31 (3) a second conviction occurs within three years for 14.32 violations of section 97A.425 that do not involve falsifications 14.33 or intentional omissions of information required to be recorded, 14.34 or attempts to conceal unlawful acts within the records; 14.35 (4) two or more misdemeanor convictions occur within a 14.36 three-year period under a private fish hatchery license; or 15.1 (5) the conviction occurs under a license not described in 15.2 clause (1), (2), or (4) or is for a violation of section 97A.425 15.3 not described in clause (3). 15.4 (b) Except for big game licenses and as otherwise provided 15.5 in this section, for one year after the conviction the person 15.6 may not obtain the kind of license or take wild animals under a 15.7 lifetime license, issued under section 97A.473 or 97A.474, 15.8 relating to the game and fish law violation. 15.9 Subd. 2. [ISSUANCE OF LICENSE AFTER CONVICTION FOR BUYING 15.10 AND SELLING WILD ANIMALS.] A person may not obtain a license to 15.11 take any wild animal or take wild animals under a lifetime 15.12 license, issued under section 97A.473 or 97A.474, for a period 15.13 of three years after being convicted of buying or selling game 15.14 fish, big game, or small game, and the total amount of the sale 15.15 is $300 or more. 15.16 Subd. 3. [ISSUANCE OF A BIG GAME LICENSE AFTER 15.17 CONVICTION.] A person may not obtain any big game license or 15.18 take big game under a lifetime license, issued under section 15.19 97A.473, for three years after the person is convicted of: 15.20 (1) a gross misdemeanor violation under the game and fish 15.21 laws relating to big game; 15.22 (2) doing an act without a required big game license; or 15.23 (3) the second violation within three years under the game 15.24 and fish laws relating to big game. 15.25 Subd. 4. [ISSUANCE AFTER INTOXICATION OR NARCOTICS 15.26 CONVICTION.] A person convicted of a violation under section 15.27 97B.065, relating to hunting while intoxicated or using 15.28 narcotics, may not obtain a license to hunt with a firearm or by 15.29 archery or hunt with a firearm under a lifetime license, issued 15.30 under section 97A.473 or 97A.474, for five years after 15.31 conviction. 15.32 Subd. 5. [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 15.33 AFTER CONVICTION.] If the commissioner determines that the 15.34 public welfare will not be injured, the commissioner may 15.35 reinstate licenses voided under subdivision 1 and issue licenses 15.36 to persons ineligible under subdivision 2. The commissioner's 16.1 authority applies only to licenses to: 16.2 (1) maintain and operate fur or game farms or private fish 16.3 hatcheries; 16.4 (2) take fish commercially in Lake of the Woods, Rainy 16.5 Lake, Namakan Lake, or Lake Superior; 16.6 (3) buy fish from Lake of the Woods, Rainy Lake, Namakan 16.7 Lake, or Lake Superior commercial fishing licensees; and 16.8 (4) sell live minnows. 16.9 Subd. 6. [APPLICABILITY TO MOOSE OR ELK LICENSES.] In this 16.10 section the term "license" includes an application for a license 16.11 to take either moose or elk. 16.12 Sec. 20. [97A.473] [RESIDENT LIFETIME LICENSES.] 16.13 Subdivision 1. [RESIDENT LIFETIME LICENSES 16.14 AUTHORIZED.] (a) The commissioner may issue a lifetime angling 16.15 license, a lifetime small game hunting license, a lifetime 16.16 firearms deer license, or a lifetime sporting license to a 16.17 person who is a resident of the state for at least one year or 16.18 who is under age 21 and the child of a person who is a resident 16.19 of the state for at least one year. The license fees paid for a 16.20 lifetime license are nonrefundable. 16.21 (b) The commissioner may require the holder of a lifetime 16.22 license issued under this section to notify the department each 16.23 year that the license is used, by: 16.24 (1) telephone or Internet notification, as specified by the 16.25 commissioner; 16.26 (2) the purchase of stamps for the license; or 16.27 (3) registration and tag issuance, in the case of the 16.28 resident lifetime deer license. 16.29 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 16.30 lifetime angling license authorizes a person to take fish by 16.31 angling in the state. The license authorizes those activities 16.32 authorized by the annual resident angling license. The license 16.33 does not include a trout and salmon stamp or other stamps 16.34 required by law. 16.35 (b) The fees for a resident lifetime angling license are: 16.36 (1) age 3 and under, $227; 17.1 (2) age 4 to age 15, $300; 17.2 (3) age 16 to age 50, $383; and 17.3 (4) age 51 and over, $203. 17.4 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 17.5 resident lifetime small game hunting license authorizes a person 17.6 to hunt small game in the state. The license authorizes those 17.7 hunting activities authorized by the annual resident small game 17.8 hunting license. The license does not include any of the 17.9 hunting stamps required by law. 17.10 (b) The fees for a resident lifetime small game hunting 17.11 license are: 17.12 (1) age 3 and under, $217; 17.13 (2) age 4 to age 15, $290; 17.14 (3) age 16 to age 50, $363; and 17.15 (4) age 51 and over, $213. 17.16 Subd. 4. [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 17.17 A resident lifetime firearm deer hunting license authorizes a 17.18 person to take deer with firearms in the state. The license 17.19 authorizes those activities authorized by the annual resident 17.20 firearm deer hunting license. The licensee must register and 17.21 receive tags each year that the license is used. The tags shall 17.22 be issued at no charge to the licensee. 17.23 (b) The fees for a resident lifetime firearm deer hunting 17.24 license are: 17.25 (1) age 3 and under, $337; 17.26 (2) age 4 to age 15, $450; 17.27 (3) age 16 to age 50, $573; and 17.28 (4) age 51 and over, $383. 17.29 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 17.30 lifetime sporting license authorizes a person to take fish by 17.31 angling and hunt small game in the state. The license 17.32 authorizes those activities authorized by the annual resident 17.33 angling and resident small game hunting licenses. The license 17.34 does not include a trout and salmon stamp or any of the hunting 17.35 stamps required by law. 17.36 (b) The fees for a resident lifetime sporting license are: 18.1 (1) age 3 and under, $357; 18.2 (2) age 4 to age 15, $480; 18.3 (3) age 16 to age 50, $613; and 18.4 (4) age 51 and over, $413. 18.5 Sec. 21. [97A.474] [NONRESIDENT LIFETIME LICENSES.] 18.6 Subdivision 1. [NONRESIDENT LIFETIME LICENSES AUTHORIZED.] 18.7 (a) The commissioner may issue a lifetime angling license or a 18.8 lifetime small game hunting license to a nonresident. The 18.9 license fees paid for a lifetime license are nonrefundable. 18.10 (b) The commissioner may require the holder of a lifetime 18.11 license issued under this section to notify the department each 18.12 year that the license is used, by: 18.13 (1) telephone or Internet notification, as specified by the 18.14 commissioner; or 18.15 (2) the purchase of stamps for the license. 18.16 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 18.17 A nonresident lifetime angling license authorizes a person to 18.18 take fish by angling in the state. The license authorizes those 18.19 activities authorized by the annual nonresident angling 18.20 license. The license does not include a trout and salmon stamp 18.21 or other stamps required by law. 18.22 (b) The fees for a nonresident lifetime angling license are: 18.23 (1) age 3 and under, $447; 18.24 (2) age 4 to age 15, $600; 18.25 (3) age 16 to age 50, $773; and 18.26 (4) age 51 and over, $513. 18.27 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 18.28 FEE.] (a) A nonresident lifetime small game hunting license 18.29 authorizes a person to hunt small game in the state. The 18.30 license authorizes those hunting activities authorized by the 18.31 annual nonresident small game hunting license. The license does 18.32 not include any of the hunting stamps required by law. 18.33 (b) The fees for a nonresident lifetime small game hunting 18.34 license are: 18.35 (1) age 3 and under, $947; 18.36 (2) age 4 to age 15, $1,280; 19.1 (3) age 16 to age 50, $1,633; and 19.2 (4) age 51 and over, $1,083. 19.3 Sec. 22. [97A.4742] [LIFETIME FISH AND WILDLIFE TRUST 19.4 FUND.] 19.5 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The lifetime fish 19.6 and wildlife trust fund is established as a fund in the state 19.7 treasury. All money received from the issuance of lifetime 19.8 angling, small game hunting, firearm deer hunting, and sporting 19.9 licenses and earnings on the fund shall be credited to the 19.10 lifetime fish and wildlife trust fund. 19.11 Subd. 2. [INVESTMENT OF FUND; USE OF INCOME FROM 19.12 FUND.] Money in the lifetime fish and wildlife trust fund shall 19.13 be invested by the state investment board to secure the maximum 19.14 return consistent with the maintenance of the perpetuity of the 19.15 fund. The income received and accruing from investments of the 19.16 fund shall be deposited in the lifetime fish and wildlife trust 19.17 fund. Each year the commissioner of finance shall transfer from 19.18 the lifetime fish and wildlife trust fund to the game and fish 19.19 fund an amount equal to the amount that would otherwise have 19.20 been collected from annual license fees for each lifetime 19.21 license. Surcharge amounts shall be transferred based on 19.22 sections 97A.071, subdivision 2, and 97A.075, subdivision 1. 19.23 Subd. 3. [LIFETIME LICENSE FEES.] By October 15 of each 19.24 even-numbered year, the commissioner shall report on the 19.25 adequacy of lifetime license fees and make specific requests for 19.26 fee adjustments for the lifetime licenses to the legislative 19.27 committees with jurisdiction over environment and natural 19.28 resources finance and the commissioner of finance. The 19.29 commissioner of finance shall review the fee report and make 19.30 recommendations to the governor and legislature for each fee 19.31 category under sections 97A.473 and 97A.474, as part of the 19.32 biennial budget, under sections 16A.10 and 16A.11. 19.33 Subd. 4. [ANNUAL REPORT.] By November 15 each year, the 19.34 commissioner shall submit a report to the legislative committees 19.35 having jurisdiction over environment and natural resources 19.36 appropriations and environment and natural resources policy. 20.1 The report shall state the amount of revenue received in and 20.2 expenditures made from revenue transferred from the lifetime 20.3 fish and wildlife trust fund to the game and fish fund and shall 20.4 describe projects funded, locations of the projects, and results 20.5 and benefits from the projects. The report may be included in 20.6 the game and fish fund report required by section 97A.055, 20.7 subdivision 4. The commissioner shall make the annual report 20.8 available to the public. 20.9 Sec. 23. Minnesota Statutes 1998, section 97A.475, 20.10 subdivision 2, is amended to read: 20.11 Subd. 2. [RESIDENT HUNTING.] Fees for the following 20.12 licenses, to be issued to residents only, are: 20.13 (1) for persons under age 65 to take small game,$10$12; 20.14 (2) for persons age 65 or over,$5$6; 20.15 (3) to take turkey,$16$18; 20.16 (4) to take deer with firearms,$22$25; 20.17 (5) to take deer by archery,$22$25; 20.18 (6) to take moose, for a party of not more than six 20.19 persons,$275$310; 20.20 (7) to take bear,$33$38; 20.21 (8) to take elk, for a party of not more than two 20.22 persons,$220$250; 20.23 (9) to take antlered deer in more than one zone,$44$50; 20.24 and 20.25 (10) to take Canada geese during a special season,$3$4. 20.26 Sec. 24. Minnesota Statutes 1998, section 97A.475, 20.27 subdivision 3, is amended to read: 20.28 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 20.29 licenses, to be issued to nonresidents, are: 20.30 (1) to take small game,$56$73; 20.31 (2) to take deer with firearms,$110$125; 20.32 (3) to take deer by archery,$110$125; 20.33 (4) to take bear,$165$195; 20.34 (5) to take turkey,$56$73; 20.35 (6) to take raccoon, bobcat, fox, coyote, or 20.36 lynx,$137.50$155; 21.1 (7) to take antlered deer in more than one zone,$220$250; 21.2 and 21.3 (8) to take Canada geese during a special season,$3$4. 21.4 Sec. 25. Minnesota Statutes 1998, section 97A.475, 21.5 subdivision 4, is amended to read: 21.6 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses 21.7 to take small game must be increased by a surcharge of $4. An 21.8 additional commission may not be assessed on the surcharge and 21.9 this must be stated on the back of the license with the 21.10 following statement: "This $4 surcharge is being paid by 21.11 hunters for the acquisition and development of wildlife lands." 21.12 Sec. 26. Minnesota Statutes 1998, section 97A.475, 21.13 subdivision 6, is amended to read: 21.14 Subd. 6. [RESIDENT FISHING.] Fees for the following 21.15 licenses, to be issued to residents only, are: 21.16 (1) to take fish by angling, for persons under age 21.17 65,$15$17; 21.18 (2) to take fish by angling, for persons age 65 and 21.19 over,$5.50$6.50; 21.20 (3) to take fish by angling, for a combined license for a 21.21 married couple,$20.50$25; 21.22 (4) to take fish by spearing from a dark house,$15$17; 21.23 and 21.24 (5) to take fish by angling for a 24-hour period selected 21.25 by the licensee,$8$8.50. 21.26 Sec. 27. Minnesota Statutes 1998, section 97A.475, 21.27 subdivision 7, is amended to read: 21.28 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 21.29 licenses, to be issued to nonresidents, are: 21.30 (1) to take fish by angling,$31$34; 21.31 (2) to take fish by angling limited to seven consecutive 21.32 days selected by the licensee,$21.50$24; 21.33 (3) to take fish by angling for a 72-hour period selected 21.34 by the licensee,$18$20; 21.35 (4) to take fish by angling for a combined license for a 21.36 family,$41.50$46; 22.1 (5) to take fish by angling for a 24-hour period selected 22.2 by the licensee,$8$8.50; and 22.3 (6) to take fish by angling for a combined license for a 22.4 married couple, limited to 14 consecutive days selected by one 22.5 of the licensees,$32$35. 22.6 Sec. 28. Minnesota Statutes 1998, section 97A.475, 22.7 subdivision 8, is amended to read: 22.8 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 22.9 issue Minnesota sporting licenses to residents only. The 22.10 licensee may take fish by angling and small game. The fee for 22.11 the license is: 22.12 (1) for an individual,$20$23; and 22.13 (2) for a combined license for a married couple to take 22.14 fish and for one spouse to take small game,$27.50$32. 22.15 Sec. 29. Minnesota Statutes 1998, section 97A.475, 22.16 subdivision 11, is amended to read: 22.17 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 22.18 for the following licenses are: 22.19 (1) for a fish house or dark house that is not 22.20 rented,$10$11.50; and 22.21 (2) for a fish house or dark house that is rented,$23$26. 22.22 Sec. 30. Minnesota Statutes 1998, section 97A.475, 22.23 subdivision 12, is amended to read: 22.24 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 22.25 licenses for a nonresident are: 22.26 (1) annual,$31.50$33; and 22.27 (2) seven consecutive days,$18.50$19. 22.28 Sec. 31. Minnesota Statutes 1998, section 97A.475, 22.29 subdivision 13, is amended to read: 22.30 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 22.31 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 22.32 in inland lakes and international waters for personal 22.33 consumption is, for each net,$9$10. 22.34 Sec. 32. Minnesota Statutes 1998, section 97A.475, 22.35 subdivision 20, is amended to read: 22.36 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 23.1 trap fur-bearing animals is: 23.2 (1) for persons over age 13 and under age 18,$5.50$6; and 23.3 (2) for persons age 18 and older,$18$20. 23.4 Sec. 33. Minnesota Statutes 1998, section 97A.485, 23.5 subdivision 12, is amended to read: 23.6 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for 23.7 a fee of$5$5.50, issue to a resident under the age of 16 a 23.8 license, without a tag, to take deer with firearms. A youth 23.9 holding a license issued under this subdivision may hunt under 23.10 the license only if accompanied by a licensed hunter who is at 23.11 least 18 years of age and possesses a valid tag. A deer taken 23.12 by a youth holding a license issued under this subdivision must 23.13 be promptly tagged by the licensed hunter accompanying the 23.14 youth. Section 97B.301, subdivision 6, does not apply to a 23.15 youth holding a license issued under this subdivision. 23.16 Sec. 34. Minnesota Statutes 1999 Supplement, section 23.17 97B.020, is amended to read: 23.18 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 23.19 Except as provided in this section, a person born after 23.20 December 31, 1979, may not obtainaan annual license to take 23.21 wild animals by firearms unless the person has a firearms safety 23.22 certificate or equivalent certificate, driver's license or 23.23 identification card with a valid firearms safety qualification 23.24 indicator issued under section 171.07, subdivision 13, previous 23.25 hunting license, or other evidence indicating that the person 23.26 has completed in this state or in another state a hunter safety 23.27 course recognized by the department under a reciprocity 23.28 agreement. A person who is on active duty and has successfully 23.29 completed basic training in the United States armed forces, 23.30 reserve component, or national guard may obtain a hunting 23.31 license or approval authorizing hunting regardless of whether 23.32 the person is issued a firearms safety certificate. 23.33 Sec. 35. Minnesota Statutes 1998, section 115B.17, 23.34 subdivision 19, is amended to read: 23.35 Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 23.36 When the agency determines that some but not all persons 24.1 responsible for a release are willing to implement response 24.2 actions, the agency may agree, pursuant to a settlement of its 24.3 claims under sections 115B.01 to 115B.18, to reimburse the 24.4 settling parties for response costs incurred to take the 24.5 actions. The agency may agree to reimburse any amount which 24.6 does not exceed the amount that the agency estimates may be 24.7 attributable to the liability of responsible persons who are not 24.8 parties to the settlement. Reimbursement may be provided only 24.9 for the cost of conducting remedial design and constructing 24.10 remedial action pursuant to the terms of the settlement. 24.11 Reimbursement under this subdivision shall be paid only upon the 24.12 agency's determination that the remedial action approved by the 24.13 agency has been completed in accordance with the terms of the 24.14 settlement. The agency may use money appropriated to it for 24.15 actions authorized under section 115B.20, subdivision 2, clause 24.16 (2), to pay reimbursement under this subdivision. 24.17 (b) The agency may agree to provide reimbursement under a 24.18 settlement only when all of the following requirements have been 24.19 met: 24.20 (1) the agency has made the determination under paragraph 24.21 (c) regarding persons who are not participating in the 24.22 settlement, and has provided written notice to persons 24.23 identified under paragraph (c), clauses (1) and (2), of their 24.24 opportunity to participate in the settlement or in a separate 24.25 settlement under subdivision 20; 24.26 (2) the release addressed in the settlement has been 24.27 assigned a priority pursuant to agency rules adopted under 24.28 subdivision 13, and the priority is at least as high as a 24.29 release for which the agency would be allowed to allocate funds 24.30 for remedial action under the rules; 24.31 (3) an investigation of the release addressed in the 24.32 settlement has been completed in accordance with a plan approved 24.33 by the agency; and 24.34 (4) the agency has approved the remedial action to be 24.35 implemented under the settlement. 24.36 (c) Before entering into a settlement providing for 25.1 reimbursement under this subdivision, the agency shall determine 25.2 that there are one or more persons who meet any of the following 25.3 criteria who are not participating in the settlement: 25.4 (1) persons identified by the agency as responsible for the 25.5 release addressed in the settlement but who are likely to have 25.6 only minimal involvement in actions leading to the release, or 25.7 are insolvent or financially unable to pay any significant share 25.8 of response action costs; 25.9 (2) persons identified by the agency as responsible for the 25.10 release other than persons described in clause (1) and who are 25.11 unwilling to participate in the settlement or to take response 25.12 actions with respect to the release; 25.13 (3) persons whom the agency has reason to believe are 25.14 responsible for the release addressed in the settlement but whom 25.15 the agency has been unable to identify; or 25.16 (4) persons identified to the agency by a party to the 25.17 proposed settlement as persons who are potentially responsible 25.18 for the release but for whom the agency has insufficient 25.19 information to determine responsibility. 25.20 (d) Except as otherwise provided in this subdivision, a 25.21 decision of the agency under this subdivision to offer or agree 25.22 to provide reimbursement in any settlement, or to determine the 25.23 amount of reimbursement it will provide under a settlement, is a 25.24 matter of agency discretion in the exercise of its enforcement 25.25 authority. In exercising discretion in this matter, the agency 25.26 may consider, among other factors, the degree of cooperation 25.27 with the agency that has been shown prior to the settlement by 25.28 the parties seeking reimbursement. 25.29 (e) The agency may require as a term of settlement under 25.30 this subdivision that the parties receiving reimbursement from 25.31 the agency waive any rights they may have to bring a claim for 25.32 contribution against persons who are not parties to the 25.33 settlement. 25.34 (f) Notwithstanding any provision to the contrary in 25.35 paragraphs (a) to (e), until June 30, 2001, the agency may use 25.36 the authority under this subdivision to enter into agreements 26.1 for the implementation of a portion of an approved response 26.2 action plan and to provide funds in the form of a grant for the 26.3 purpose of implementing the agreement. The amount paid for 26.4 implementing a portion of an approved response action plan may 26.5 not exceed the proportion of the costs of the response action 26.6 plan which are attributable to the liability of responsible 26.7 persons who are not parties to the agreement. 26.8 (g) A decision of the agency under paragraph (f) to offer 26.9 or agree to provide funds in any agreement or to determine the 26.10 specific remedial actions included in any agreement to implement 26.11 an approved action plan or the amount of funds the agency will 26.12 provide under an agreement is a matter of agency discretion in 26.13 the exercise of its enforcement authority. 26.14 Sec. 36. Minnesota Statutes 1998, section 297A.44, 26.15 subdivision 1, is amended to read: 26.16 Subdivision 1. (a) Except as provided in paragraphs (b) to 26.17(d)(f), all revenues, including interest and penalties, derived 26.18 from the excise and use taxes imposed by sections 297A.01 to 26.19 297A.44 shall be deposited by the commissioner in the state 26.20 treasury and credited to the general fund. 26.21 (b) All excise and use taxes derived from sales and use of 26.22 property and services purchased for the construction and 26.23 operation of an agricultural resource project, from and after 26.24 the date on which a conditional commitment for a loan guaranty 26.25 for the project is made pursuant to section 41A.04, subdivision 26.26 3, shall be deposited in the Minnesota agricultural and economic 26.27 account in the special revenue fund. The commissioner of 26.28 finance shall certify to the commissioner the date on which the 26.29 project received the conditional commitment. The amount 26.30 deposited in the loan guaranty account shall be reduced by any 26.31 refunds and by the costs incurred by the department of revenue 26.32 to administer and enforce the assessment and collection of the 26.33 taxes. 26.34 (c) All revenues, including interest and penalties, derived 26.35 from the excise and use taxes imposed on sales and purchases 26.36 included in section 297A.01, subdivision 3, paragraphs (d) and 27.1 (k), clauses (1) and (2), must be deposited by the commissioner 27.2 in the state treasury, and credited as follows: 27.3 (1) first to the general obligation special tax bond debt 27.4 service account in each fiscal year the amount required by 27.5 section 16A.661, subdivision 3, paragraph (b); and 27.6 (2) after the requirements of clause (1) have been met, the 27.7 balance must be credited to the general fund. 27.8 (d) The revenues, including interest and penalties, 27.9 collected under section 297A.135, subdivision 5, shall be 27.10 deposited by the commissioner in the state treasury and credited 27.11 to the general fund. By July 15 of each year the commissioner 27.12 shall transfer to the highway user tax distribution fund an 27.13 amount equal to the excess fees collected under section 27.14 297A.135, subdivision 5, for the previous calendar year. 27.15 (e) 97 percent of the revenues, including interest and 27.16 penalties, transmitted to the commissioner under section 27.17 297A.259, must be deposited by the commissioner in the state 27.18 treasury as follows: 27.19 (1) 50 percent of the receipts must be deposited in the 27.20 game and fish fund, and may be spent only on activities that 27.21 improve, enhance, or protect game and fish resources, including 27.22 conservation, restoration, and enhancement of land, water, and 27.23 other natural resources of the state; 27.24 (2) 22.5 percent of the receipts must be deposited in the 27.25 natural resources fund, and may be spent only for state parks 27.26 and trails; 27.27 (3) 22.5 percent of the revenue must be deposited in the 27.28 natural resources fund, and may be spent only on metropolitan 27.29 park and trail grants; 27.30 (4) three percent of the receipts must be deposited in the 27.31 natural resources fund, and may be spent only on local trail 27.32 grants; and 27.33 (5) two percent of the receipts must be deposited in the 27.34 natural resources fund, and may be spent only for the Minnesota 27.35 zoological garden, the Como park zoo and conservatory, and the 27.36 Duluth zoo. 28.1 (f) The revenue dedicated under paragraph (e) may not be 28.2 used as a substitute for traditional sources of funding for the 28.3 purposes specified, but the dedicated revenue shall supplement 28.4 traditional sources of funding for those purposes. Land 28.5 acquired with money deposited in the game and fish fund under 28.6 paragraph (e) must be open to public hunting and fishing during 28.7 the open season. At least 87 percent of the money deposited in 28.8 the game and fish fund for improvement, enhancement, or 28.9 protection of fish and wildlife resources under paragraph (e) 28.10 must be allocated for expenditures in regional and local area 28.11 offices. 28.12 Sec. 37. Minnesota Statutes 1998, section 383B.235, is 28.13 amended by adding a subdivision to read: 28.14 Subd. 3. [EXISTING FACILITY MAY USE 28.15 CAPACITY.] Notwithstanding subdivisions 1 and 2, an existing 28.16 resource recovery facility may reclaim, burn, use, process, or 28.17 dispose of mixed municipal solid waste to the full extent of its 28.18 maximum yearly capacity as of January 1, 2000. The facility 28.19 must continue to comply with all federal and state environmental 28.20 laws and regulations and must obtain a conditional use permit 28.21 from the municipality where the facility is located. 28.22 Sec. 38. Laws 1998, chapter 404, section 7, subdivision 28.23 23, as amended by Laws 1999, chapter 231, section 194, and Laws 28.24 1999, chapter 240, article 1, section 20, is amended to read: 28.25 Subd. 23. Metro Regional Trails 5,000,000 28.26 For grants to the metropolitan council 28.27 for acquisition and development of a 28.28 capital nature of trail connections in 28.29 the metropolitan area as specified in 28.30 this subdivision. The purpose of the 28.31 grants is to improve trails in the 28.32 metropolitan park and open space system 28.33 and connect them with existing state 28.34 and regional trails. Priority shall be 28.35 given to matching funds for an ISTEA 28.36 grant. 28.37 The funds shall be allocated by the 28.38 council as follows: 28.39 (1) $1,050,000 is allocated to Ramsey 28.40 county as follows: 28.41 (i) $400,000 to complete six miles of 28.42 trails between the Burlington Northern 28.43 Regional Trail and Bald Eagle-Otter 29.1 Lake Regional Park; 29.2 (ii) $150,000 to complete a one-mile 29.3 connection between Birch Lake and the 29.4 Lake Tamarack segment of Bald 29.5 Eagle-Otter Lake Regional Park; 29.6 (iii) $500,000 to acquire real property 29.7 and design and construct or renovate 29.8 recreation facilities along the 29.9 Mississippi River in cooperation with 29.10 the city of St. Paul; 29.11 (2) $1,050,000 is allocated to the city 29.12 of St. Paul as follows: 29.13 (i) $250,000 to construct a bridge over 29.14 Lexington Parkway in Como Regional 29.15 Park; and 29.16 (ii) $800,000 to enhance amenities for 29.17 the trailhead at the Lilydale-Harriet 29.18 Island Regional Park pavilion; 29.19 (3) $1,400,000 is allocated to Anoka 29.20 county to construct: 29.21 (i) a pedestrian tunnel under Highway 29.22 65 on the Rice Creek West Regional 29.23 Trail in the city of Fridley;and29.24 (ii) restrooms, trailhead, signs, and 29.25 amenities at the trailhead to the Rice 29.26 Creek West Regional Trail; and 29.27 (iii) a pedestrian bridge on the 29.28 Mississippi River Regional Trail 29.29 crossing over Mississippi Street in the 29.30 city of Fridley; and 29.31 (4) $1,500,000 is allocated to the 29.32 suburban Hennepin regional park 29.33 district as follows: 29.34 (i) $1,000,000 to connect North 29.35 Hennepin Regional Trail to Luce Line 29.36 State Trail and Medicine Lake; and 29.37 (ii) $500,000 is for the cost of 29.38 development and acquisition of the 29.39 Southwest regional trail in the city of 29.40 St. Louis Park. The trail must connect 29.41 the Minneapolis regional trail system 29.42 at Cedar Lake park to the Hennepin 29.43 parks regional trail system at the 29.44 Hopkins trail head. 29.45 Sec. 39. Laws 1999, chapter 231, section 6, as amended by 29.46 Laws 1999, chapter 249, section 10, is amended to read: 29.47 Sec. 6. BOARD OF WATER AND 29.48 SOIL RESOURCES 18,896,000 18,228,000 29.49 $5,480,000 the first year and 29.50 $5,480,000 the second year are for 29.51 natural resources block grants to local 29.52 governments. Of this amount, $50,000 29.53 each year is for a grant to the North 29.54 Shore Management Board, $35,000 each 29.55 year is for a grant to the St. Louis 30.1 River Board, $100,000 each year is for 30.2 a grant to the Minnesota River Basin 30.3 Joint Powers Board, and $27,000 each 30.4 year is for a grant to the Southeast 30.5 Minnesota Resources Board. 30.6 The board shall reduce the amount of 30.7 the natural resource block grant to a 30.8 county by an amount equal to any 30.9 reduction in the county's general 30.10 services allocation to a soil and water 30.11 conservation district from the county's 30.12 1998 allocation. 30.13 Grants must be matched with a 30.14 combination of local cash or in-kind 30.15 contributions. The base grant portion 30.16 related to water planning must be 30.17 matched by an amount that would be 30.18 raised by a levy under Minnesota 30.19 Statutes, section 103B.3369. 30.20 $3,867,000 the first year and 30.21 $3,867,000 the second year are for 30.22 grants to soil and water conservation 30.23 districts for general purposes, 30.24 nonpoint engineering, and for 30.25 implementation of the RIM conservation 30.26 reserve program. Upon approval of the 30.27 board, expenditures may be made from 30.28 these appropriations for supplies and 30.29 services benefiting soil and water 30.30 conservation districts. 30.31 $4,120,000 the first year and 30.32 $4,120,000 the second year are for 30.33 grants to soil and water conservation 30.34 districts for cost-sharing contracts 30.35 for erosion control and water quality 30.36 management. Of this amount, $32,000 30.37 the first year is for a grant to the 30.38 Blue Earth county soil and water 30.39 conservation districts for stream bank 30.40 stabilization on the LeSueur river 30.41 within the city limits of St. Clair; 30.42 and at least $1,500,000 the first year 30.43 and $1,500,000 the second year are for 30.44 state cost-share grantsfor30.45cost-sharing contractsfor water 30.46 quality management on feedlots. 30.47Priority must be given to feedlot30.48operators who have received notices of30.49violation and for feedlots in counties30.50that are conducting or have completed a30.51level 2 or level 3 feedlot inventory.30.52 This appropriation is available until 30.53 expended. If the appropriation in 30.54 either year is insufficient, the 30.55 appropriation in the other year is 30.56 available for it. 30.57 $100,000 the first year and $100,000 30.58 the second year are for a grant to the 30.59 Red river basin board to develop a Red 30.60 river basin water management plan and 30.61 to coordinate water management 30.62 activities in the states and provinces 30.63 bordering the Red river. This 30.64 appropriation is only available to the 30.65 extent it is matched by a proportionate 30.66 amount in United States currency from 31.1 the states of North Dakota and South 31.2 Dakota and the province of Manitoba. 31.3 The unencumbered balance in the first 31.4 year does not cancel but is available 31.5 for the second year. This is a 31.6 one-time appropriation. 31.7 $189,000 the first year and $189,000 31.8 the second year are for grants to 31.9 watershed districts and other local 31.10 units of government in the southern 31.11 Minnesota river basin study area 2 for 31.12 floodplain management. If the 31.13 appropriation in either year is 31.14 insufficient, the appropriation in the 31.15 other year is available for it. 31.16 $1,203,000 the first year and $450,000 31.17 the second year are for the 31.18 administrative costs of easement and 31.19 grant programs. 31.20 Any unencumbered balance in the board's 31.21 program of grants does not cancel at 31.22 the end of the first year and is 31.23 available for the second year for the 31.24 same grant program. If the 31.25 appropriation in either year is 31.26 insufficient, the appropriation for the 31.27 other year is available for it. 31.28 Sec. 40. Laws 1999, chapter 231, section 11, subdivision 31.29 3, is amended to read: 31.30 Subd. 3. Agricultural Marketing and Development 31.31 6,521,000 5,410,000 31.32 Notwithstanding Minnesota Statutes, 31.33 section 41A.09, subdivision 3a, the 31.34 total payments from the ethanol 31.35 development account to all producers 31.36 may not exceed$68,447,000$72,416,000 31.37 for the biennium ending June 30, 2001. 31.38 If, prior to the end of the biennium, 31.39 the total amount for which all 31.40 producers are eligiblein a quarter31.41 exceeds the amountavailable for31.42paymentsremaining in the 31.43 appropriation, the commissioner shall 31.44 make the payments for the quarter in 31.45 which the appropriation occurs on a pro 31.46 rata basis. In fiscal year 2000, the 31.47 commissioner shall first reimburse 31.48 producers for eligible unpaid claims 31.49 accumulated through June 30, 1999. 31.50 $500,000 the first year is appropriated 31.51 to the rural finance authority for 31.52 making a loan under Minnesota Statutes, 31.53 section 41B.044. Principal and 31.54 interest payments on the loan must be 31.55 deposited in theethanol development31.56account for producer payments under31.57Minnesota Statutes, section31.5841B.09general fund. 31.59 Notwithstanding the annual and 31.60 quarterly limits for total payments to 31.61 all ethanol plants and approved new 32.1 production capacity limits for specific 32.2 ethanol plants under Minnesota 32.3 Statutes, section 41A.09, subdivision 32.4 3a, in fiscal years 2000 and 2001: 32.5 (1) an ethanol plant with an approved 32.6 production capacity that is at least 32.7 12,000,000 gallons per year and less 32.8 than 15,000,000 gallons per year is 32.9 eligible for ethanol producer payments 32.10 of up to 15,000,000 gallons per year; 32.11 (2) total payments in a fiscal year may 32.12 exceed $34,000,000; and 32.13 (3) total payments in a quarter may 32.14 exceed $8,500,000. 32.15 Notwithstanding Minnesota Statutes, 32.16 section 41A.09, subdivision 3a, 32.17 paragraph (f), the commissioner shall 32.18 make an additional payment in the 32.19 fourth quarter of fiscal year 2001 to 32.20 ethanol producers for the lesser of: 32.21 (1) 20 cents per gallon of production 32.22 in the fourth quarter of fiscal year 32.23 2001 that is greater than 3,750,000 32.24 gallons; or 32.25 (2) the total amount of payments lost 32.26 during the biennium due to plant 32.27 outages, repair, or major maintenance. 32.28 The total payments to an ethanol 32.29 producer for fiscal year 2001, 32.30 including any payment under this 32.31 paragraph, may not exceed the total 32.32 amount that the producer is eligible to 32.33 receive based on the plant's approved 32.34 production capacity. 32.35 By July 15, 1999, the commissioner 32.36 shall transfer the unencumbered cash 32.37 balance in the ethanol development fund 32.38 established in Minnesota Statutes, 32.39 section 41B.044, to the general fund. 32.40 $200,000 the first year is for a grant 32.41 from the commissioner to the Minnesota 32.42 Turkey Growers Association for 32.43 assistance to an entity that constructs 32.44 a facility that uses poultry litter as 32.45 a fuel for the generation of 32.46 electricity. This amount must be 32.47 matched by $1 of nonstate money for 32.48 each dollar of state money. This is a 32.49 one-time appropriation. 32.50 $50,000 the first year is for the 32.51 commissioner, in consultation with the 32.52 commissioner of economic development, 32.53 to conduct a study of the need for a 32.54 commercial shipping port at which 32.55 agricultural cooperatives or individual 32.56 farmers would have access to port 32.57 facilities. This is a one-time 32.58 appropriation. 32.59 $71,000 the first year and $71,000 the 32.60 second year are for transfer to the 32.61 Minnesota grown matching account and 33.1 may be used as grants for Minnesota 33.2 grown promotion under Minnesota 33.3 Statutes, section 17.109. 33.4 $100,000 the first year is for a grant 33.5 to the University of Minnesota 33.6 extension service for its farm safety 33.7 and health program. This is a one-time 33.8 appropriation. 33.9 $225,000 the first year and $75,000 the 33.10 second year are for grants to the 33.11 Minnesota agricultural education 33.12 leadership council for the planning and 33.13 implementation of initiatives enhancing 33.14 and expanding agricultural education in 33.15 rural and urban areas of the state. 33.16 Funds not used in the first year are 33.17 available for the second year. This is 33.18 a one-time appropriation. 33.19 $480,000 the first year and $420,000 33.20 the second year are to the commissioner 33.21 of agriculture for programs to 33.22 aggressively promote, develop, expand, 33.23 and enhance the marketing of 33.24 agricultural products from Minnesota 33.25 producers and processors. The 33.26 commissioner must enter into 33.27 collaborative efforts with the 33.28 department of trade and economic 33.29 development, the world trade center 33.30 corporation, and other public or 33.31 private entities knowledgeable in 33.32 market identification and development. 33.33 The commissioner may also contract with 33.34 or make grants to public or private 33.35 organizations involved in efforts to 33.36 enhance communication between producers 33.37 and markets and organizations that 33.38 identify, develop, and promote the 33.39 marketing of Minnesota agricultural 33.40 crops, livestock, and produce in local, 33.41 regional, national, and international 33.42 marketplaces. Grants may be provided 33.43 to appropriate organizations including 33.44 those functioning as marketing clubs, 33.45 to a cooperative known as Minnesota 33.46 Marketplace, and to recognized 33.47 associations of producers or processors 33.48 of organic foods or Minnesota grown 33.49 specialty crops. Beginning October 15, 33.50 1999, and 15 days after the close of 33.51 each calendar quarter thereafter, the 33.52 commissioner shall provide to the 33.53 senate and house committees with 33.54 jurisdiction over agriculture policy 33.55 and funding interim reports of the 33.56 progress toward accomplishing the goals 33.57 of this item. The commissioner shall 33.58 deliver a final report on March 1, 33.59 2001. If the appropriation for either 33.60 year is insufficient, the appropriation 33.61 for the other year is available. This 33.62 is a one-time appropriation that 33.63 remains available until expended. 33.64 $60,000 the second year is for grants 33.65 to farmers for demonstration projects 33.66 involving sustainable agriculture. If 33.67 a project cost is more than $25,000, 34.1 the amount above $25,000 must be 34.2 matched at the rate of one state dollar 34.3 for each dollar of nonstate money. 34.4 Priorities must be given for projects 34.5 involving multiple parties. Up to 34.6 $20,000 each year may be used for 34.7 dissemination of information about the 34.8 demonstration grant projects. If the 34.9 appropriation for either year is 34.10 insufficient, the appropriation for the 34.11 other is available. 34.12 $160,000 each year is for value-added 34.13 agricultural product processing and 34.14 marketing grants under Minnesota 34.15 Statutes, section 17.101, subdivision 5. 34.16 $450,000 the first year and $300,000 34.17 the second year are for continued 34.18 research of solutions and alternatives 34.19 for manure management and odor 34.20 control. This is a one-time 34.21 appropriation. 34.22 $50,000 the first year and $50,000 the 34.23 second year are for annual cost-share 34.24 payments to resident farmers for the 34.25 costs of organic certification. The 34.26 annual cost-share payments per farmer 34.27 shall be two-thirds of the cost of the 34.28 certification or $200, whichever is 34.29 less. A certified farmer is eligible 34.30 to receive annual certification 34.31 cost-share payments for up to five 34.32 years. $15,000 each year is for 34.33 organic market and program 34.34 development. This appropriation is 34.35 available until expended. 34.36 $30,000 the first year is to assess 34.37 producer production contracts under 34.38 section 205. This appropriation is 34.39 available until June 30, 2001. 34.40 Sec. 41. Laws 1999, chapter 231, section 14, is amended to 34.41 read: 34.42 Sec. 14. AGRICULTURAL UTILIZATION 34.43 RESEARCH INSTITUTE 3,830,000 4,330,000 34.44 Summary by Fund 34.45 General 3,630,000 4,130,000 34.46Special RevenueAgricultural 200,000 200,000 34.47 The agricultural utilization research 34.48 institute must collaborate with the 34.49 commissioner of agriculture on issues 34.50 of market development and technology 34.51 transfer. 34.52 $200,000 the first year and $200,000 34.53 the second year are for hybrid tree 34.54 management research and development of 34.55 an implementation plan for establishing 34.56 hybrid tree plantations in the state. 34.57 This appropriation is available to the 34.58 extent matched by $2 of nonstate 34.59 contributions, either cash or in kind, 35.1 for each $1 of state money. 35.2 Sec. 42. [WESTERN LAKE SUPERIOR SANITARY DISTRICT; 35.3 LANDFILL CLEANUP PROGRAM QUALIFICATION.] 35.4 Notwithstanding any provision to the contrary in Minnesota 35.5 Statutes, sections 115B.39 to 115B.445, the facilities of a 35.6 sanitary district operating pursuant to Minnesota Statutes, 35.7 chapter 458D, and adjacent property used for solid waste 35.8 disposal that did not occur under a permit from the agency, are 35.9 a qualified facility for purposes of Minnesota Statutes, section 35.10 115B.39, subdivision 2, paragraph (l), clause (2), if the 35.11 following conditions are met: 35.12 (1) the sanitary district's facility is or was permitted by 35.13 the pollution control agency; 35.14 (2) the sanitary district stopped accepting mixed municipal 35.15 solid waste by January 1, 2000; 35.16 (3) the sanitary district stops accepting demolition debris 35.17 and industrial waste at the facility by January 1, 2002; and 35.18 (4) any future disposal of demolition debris and industrial 35.19 waste on this site beyond January 1, 2002, must be in an area 35.20 that meets setback requirements approved by the commissioner of 35.21 the pollution control agency. 35.22 Sec. 43. [STORAGE TANK REMOVAL; REIMBURSEMENT.] 35.23 Subdivision 1. [DEFINITION.] As used in this section, 35.24 "agricultural storage tank" means an underground petroleum 35.25 storage tank with a capacity of more than 1,100 gallons that has 35.26 been registered with the pollution control agency by January 1, 35.27 2000, and is located on a farm where the contents of the tank 35.28 are used by the tank owner or operator predominantly for farming 35.29 purposes and are not commercially distributed. 35.30 Subd. 2. [REIMBURSEMENT.] Notwithstanding Minnesota 35.31 Statutes, section 115C.09, subdivision 1, paragraph (b), clause 35.32 (1), and pursuant to the remaining provisions of Minnesota 35.33 Statutes, chapter 115C, the petroleum tank release compensation 35.34 board shall reimburse an owner or operator of an agricultural 35.35 storage tank for 90 percent of the total reimbursable cost of 35.36 removal project costs incurred for the tank prior to January 1, 36.1 2001, including, but not limited to, tank removal, closure in 36.2 place, backfill, resurfacing, and utility restoration costs, 36.3 regardless of whether a release has occurred at the site. 36.4 Notwithstanding Minnesota Statutes, section 115C.09, subdivision 36.5 3, the board may not reimburse an eligible applicant under this 36.6 section for more than $7,500 of costs per tank. 36.7 Sec. 44. [SMALL GASOLINE STORAGE TANK REMOVAL; 36.8 REIMBURSEMENT.] 36.9 Until June 30, 2001, the petroleum tank release 36.10 compensation board may reimburse a tank owner from the petroleum 36.11 tank release cleanup fund for 95 percent of the costs identified 36.12 in Minnesota Statutes, section 115C.09, subdivision 3f, 36.13 paragraph (c), if the tank owner: 36.14 (1) owned two locations in the state, and no locations in 36.15 any other state, where motor fuel was dispensed to the public 36.16 into motor vehicles, watercraft, or aircraft and dispensed motor 36.17 fuel at that location; 36.18 (2) operated the tanks simultaneously for six months or 36.19 less in 1995; and 36.20 (3) dispensed less than 200,000 gallons at both locations. 36.21 Sec. 45. [MINNEAPOLIS LEASE.] 36.22 A lease to the Minneapolis park and recreation board 36.23 entered into prior to or after the effective date of this 36.24 section pursuant to Laws 1999, chapter 231, section 5, 36.25 subdivision 5, shall be subject to Minnesota Statutes, section 36.26 85.34, except as provided in this section. The approval of the 36.27 executive council shall not be required for the lease or the 36.28 issuance of a liquor license. Only the operating costs, as 36.29 defined in the lease, to be paid by the Minneapolis park and 36.30 recreation board to the state shall be credited to the state 36.31 parks working capital account. All base rent and percentage of 36.32 gross sales to be paid by the Minneapolis park and recreation 36.33 board to the state shall be credited to the general fund. A 36.34 lease of any portion of officer's row or area J may include a 36.35 charge to be paid by the tenant for repayment of a portion of 36.36 the costs incurred by the Minneapolis park and recreation board 37.1 for the installation of a new water line on the upper bluff. 37.2 The total amount to be repaid to the Minneapolis park and 37.3 recreation board by tenants of officer's row and area J shall 37.4 not exceed $450,000. 37.5 Sec. 46. [LEGISLATIVE AUDITOR REPORT UPDATE.] 37.6 The legislative audit commission shall consider updating 37.7 the February 1997 report on "Ethanol Programs" by January 15, 37.8 2001. 37.9 Sec. 47. [EXTENSION OF APPROPRIATIONS.] 37.10 The availability of the appropriation for the following 37.11 project is extended to June 30, 2002: Laws 1997, chapter 216, 37.12 section 15, subdivision 4, paragraph (c), clause (3), the 37.13 portion of the local initiatives grants program appropriating 37.14 $250,000 to provide matching funds for an ISTEA grant, and for 37.15 easement acquisition and engineering costs for a proposed trail 37.16 between the city of Pelican Rapids and Maplewood state park. 37.17 The availability of the appropriation for the following 37.18 project is extended to June 30, 2001: Laws 1997, chapter 216, 37.19 section 15, subdivision 4, paragraph (b), metropolitan regional 37.20 park system, for the portion related to Hyland-Bush-Anderson 37.21 Lake Park Reserve development. 37.22 Sec. 48. [EFFECTIVE DATES.] 37.23 The resident licenses under section 20 shall be made 37.24 available by March 1, 2001, and apply to taking game and fish 37.25 for the 2001 license year. The nonresident licenses under 37.26 section 21 shall be made available by March 1, 2002, and apply 37.27 to taking game and fish for the 2002 license year. Section 40 37.28 is effective retroactively from July 1, 1999. Section 8 is 37.29 effective the day following final enactment and applies to 37.30 claims for corrective action costs incurred after that date. 37.31 Sections 1 to 7, 11 to 15, 35, 37, 38, and 45 are effective 37.32 the day following final enactment. 37.33 Sections 23 to 33 are effective March 1, 2001.