Minnesota Legislature
SF 814
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 07/20/2021 03:09pm
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22
4.23 4.24 4.25 4.26 4.27
5.1 5.2 5.3 5.4 5.5
5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15
7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25
8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9
10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25
10.26 10.27 10.28 10.29 10.30 10.31 11.1 11.2 11.3 11.4
11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21
11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3
13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11
13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19
13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26
14.27 14.28
14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31
16.1 16.2 16.3 16.4 16.5
16.6 16.7 16.8 16.9 16.10 16.11 16.12
16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20
16.21 16.22 16.23 16.24 16.25 16.26
16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17
17.18 17.19 17.20 17.21 17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8
18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18
18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15
19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 20.1 20.2
20.3
20.4 20.5 20.6
20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8
21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25
21.26
21.27 21.28 21.29 21.30 21.31 22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8
22.9 22.10 22.11 22.12 22.13
22.14 22.15 22.16 22.17 22.18 22.19
22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10
23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23
23.24 23.25 23.26 23.27 23.28 23.29 23.30
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10
24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20
24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19
25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24
26.25 26.26 26.27 26.28 26.29 26.30 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8
27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17
27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30
27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27
28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28
29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15
30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29
31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17
31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17
33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25 33.26 33.27 33.28 33.29 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21
35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5
36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14
36.15 36.16 36.17 36.18 36.19 36.20 36.21
36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29
37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4
38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17
38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29
38.30
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8
39.9
39.10 39.11 39.12 39.13 39.14 39.15 39.16
39.17
39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26
39.27
39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10
40.11
40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20
40.21
40.22 40.23 40.24 40.25 40.26
40.27
40.28 40.29 40.30 40.31 41.1 41.2 41.3
41.4
41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16
41.17
41.18 41.19 41.20 41.21
41.22
41.23 41.24 41.25 41.26 41.27 41.28
41.29
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8
42.9
42.10 42.11 42.12
42.13
42.14 42.15 42.16 42.17 42.18 42.19 42.20
42.21
42.22 42.23 42.24 42.25 42.26
42.27
42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29
49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18
50.19
50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8
53.9
53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23
56.24
56.25 56.26 56.27 56.28 56.29
56.30
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16
58.17
58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 60.1 60.2 60.3
60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11
61.12
61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13
62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2
63.3
63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24
64.25
64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33
65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19
68.20
68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8
69.9
69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27
70.28
70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8
71.9
71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3
72.4
72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20
72.21
72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18
73.19
73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3
74.4
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A bill for an act
relating to state government; modifying provisions for conveying state land
interests; adding to and deleting from state parks and recreation areas; authorizing
sales of certain state lands; directing commissioner of natural resources to reduce
walleye limit; prohibiting certain antler point restrictions; providing for watershed
management; establishing program for water quality and storage in Minnesota
River basin; repealing certain authority of the Pollution Control Agency related
to automobile emissions; modifying requirements of the statewide invasive species
management plan; modifying provisions for managing water and issuing permits
to appropriate water; establishing mattress recycling program; repealing recent
restrictions on spreading manure and prohibiting future restrictions; modifying
certain conditions on water appropriations and wells; modifying deadline to report
on funding for section 404 assumption; increasing soil and water conservation
district supervisor compensation; modifying requirements for importing minnows;
modifying application of storm water rules; modifying terms for certain timber
permits; modifying provisions related to certifiable fish diseases; modifying
reporting requirement on school trust lands; modifying certain provisions for
transporting snowmobiles; modifying definition of all-terrain vehicle; modifying
provisions for certain invasive species permits; modifying state park provisions;
providing for special-use permits in outdoor recreation system; providing for
regulation of possessing, propagating, and selling snakes, lizards, and salamanders;
modifying hunting and fishing provisions; modifying review and approval of local
regulation in Mississippi River Corridor Critical Area; modifying requirements
for exchanging wild rice leases; modifying certain accounts; establishing account
to invest financial assurance money from permits to mine; modifying certain
submission deadline; modifying provisions for state park permits; prohibiting
shooting at decoys from motor vehicles; establishing blaze orange or blaze pink
requirements for ground blinds; modifying restrictions on motorized decoys;
requiring rulemaking to make whole effluent toxicity requirements for dischargers
of effluent consistent statewide; providing for taking nuisance bear by wildlife
control operators; modifying provisions for easement stewardship accounts;
providing for conveying conservation easements; defining advanced recycling;
requiring reimbursement of certain land-transaction costs; establishing new state
forest; authorizing private sale of certain tax-forfeited, surplus, and other land;
allowing county boards to spend net proceeds from sale of tax-forfeited land for
certain purposes; modifying conditions to allow certain land transfers; appropriating
money; amending Minnesota Statutes 2020, sections 17.4982, subdivisions 6, 8,
9, 12, by adding subdivisions; 17.4985, subdivisions 2, 3, 5; 17.4986, subdivisions
2, 4; 17.4991, subdivision 3; 17.4992, subdivision 2; 17.4993, subdivision 1;
84.027, subdivisions 13a, 18; 84.415, by adding a subdivision; 84.63; 84.631;
84.82, subdivisions 1a, 7a; 84.92, subdivision 8; 84.946, subdivision 4; 84D.02,
subdivision 3; 84D.11, subdivision 1a; 85.052, subdivisions 1, 2; 85.053,
subdivision 2; 85.054, subdivision 1; 85.43; 89.021, by adding a subdivision;
89.17; 92.50, by adding a subdivision; 92.502; 97A.015, subdivision 29; 97A.401,
subdivision 1, by adding a subdivision; 97A.421, subdivision 1, by adding a
subdivision; 97A.505, subdivision 3b; 97B.036; 97B.055, subdivision 2; 97B.071;
97B.086; 97B.311; 97B.415; 97B.811, subdivision 4a; 97C.005, subdivision 3;
97C.211, subdivision 2a; 97C.342, subdivision 2; 97C.515, subdivision 2; 97C.805,
subdivision 2; 97C.836; 103A.212; 103B.103; 103C.315, subdivision 4; 103G.271,
subdivisions 4a, 7, by adding subdivisions; 103G.287, subdivisions 4, 5; 103G.289;
115A.03, subdivisions 25, 25d, 27, 28, 34, 35, 36, by adding subdivisions; 116.06,
subdivision 22; 116.07, subdivisions 2, 7; 116G.07, by adding a subdivision;
116G.15, by adding a subdivision; 127A.353, subdivision 4; 282.08; Laws 2016,
chapter 154, sections 16; 48; Laws 2019, First Special Session chapter 4, article
1, section 2, subdivision 9; article 3, section 109, as amended; proposing coding
for new law in Minnesota Statutes, chapters 11A; 84; 92; 103F; 115A; repealing
Minnesota Statutes 2020, sections 85.0505, subdivision 3; 85.0507; 85.054,
subdivision 19; 97C.515, subdivisions 4, 5; Laws 2013, chapter 121, section 53;
Minnesota Rules, part 6232.0350.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[11A.236] ACCOUNT TO INVEST FINANCIAL ASSURANCE MONEY
FROM PERMITS TO MINE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; appropriation. new text end
new text begin
(a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreements or other conditions established
under a permit to mine.
new text end
new text begin
(b) Money in an account established under paragraph (a) is appropriated to the
commissioner for the purposes for which the account is established under this section.
new text end
new text begin Subd. 2. new text end
new text begin Account maintenance and investment. new text end
new text begin
The commissioner of natural resources
may deposit money in the appropriate account and may withdraw money from the appropriate
account for the financial assurance purposes identified in sections 93.46 to 93.51 and rules
adopted thereunder and as authorized under any trust fund agreements or other conditions
established under the permit to mine for which the financial assurance is provided, subject
to the policies and procedures of the State Board of Investment. Investment strategies related
to an account established under this section must be determined jointly by the commissioner
of natural resources and the executive director of the State Board of Investment. The
authorized investments for an account are the investments authorized under section 11A.24
that are made available for investment by the State Board of Investment. Investment
transactions must be at a time and in a manner determined by the executive director of the
State Board of Investment. Decisions to withdraw money from the account must be
determined by the commissioner of natural resources, subject to the policies and procedures
of the State Board of Investment. Investment earnings must be credited to the appropriate
account for financial assurance under the identified permit to mine. An account may be
terminated by the commissioner of natural resources at any time, so long as the termination
is in accordance with applicable statutes, rules, trust fund agreements, or other conditions
established under the permit to mine, subject to the policies and procedures of the State
Board of Investment.
new text end
Sec. 2.
Minnesota Statutes 2020, section 17.4982, subdivision 6, is amended to read:
Subd. 6.
Certifiable diseases.
"Certifiable diseases" includes new text begin any of the following
expressed as clinical symptoms or based on the presence of the pathogen: new text end channel catfish
virus, new text begin Renibacterium salmoninarum (new text end bacterial kidney diseasenew text begin )new text end , new text begin Aeromonas salmonicida
(new text end bacterial furunculosisnew text begin )new text end , new text begin Yersinia ruckeri (new text end enteric redmouth diseasenew text begin )new text end , new text begin Edwardsiella ictaluri
(new text end enteric septicemia of catfishnew text begin )new text end , infectious hematopoietic necrosis virus, infectious pancreatic
necrosis virus, new text begin Myxobolus cerebralis (new text end whirling diseasenew text begin )new text end , new text begin Tetracapsuloides bryosalmonae
(new text end proliferative kidney diseasenew text begin )new text end , viral hemorrhagic septicemia virus, epizootic epitheliotropic
virus, new text begin Ceratomyxa shasta (new text end ceratomyxosisnew text begin )new text end , and any emergency new text begin fish new text end disease.
Sec. 3.
Minnesota Statutes 2020, section 17.4982, subdivision 8, is amended to read:
Subd. 8.
Containment facility.
"Containment facility" means a licensed facility for
salmonids, catfish, or species on the deleted text begin viral hemorrhagic septicemia (VHS) susceptible list
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services,deleted text end new text begin VHS-susceptible-species listnew text end that complies with clauses (1), (3), and
(4), or clauses (2), (3), and (4):
(1) disinfects its effluent to the standards in section 17.4991 before the effluent is
discharged to public waters;
(2) does not discharge to public waters or to waters of the state directly connected to
public waters;
(3) raises aquatic life that is prohibited from being released into the wild and must be
kept in a facility approved by the commissioner unless processed for food consumption;
(4) contains aquatic life requiring a fish health inspection prior to transportation.
Sec. 4.
Minnesota Statutes 2020, section 17.4982, subdivision 9, is amended to read:
Subd. 9.
Emergency fish disease.
"Emergency fish disease" means designated fish
diseases new text begin or pathogens new text end not already present in this state that could impact populations of
aquatic life if inadvertently released by infected aquatic life, including channel catfish virus,
viral hemorrhagic septicemia virus, infectious hematopoietic necrosis virus, infectious
pancreatic necrosis virus, whirling disease, ceratomyxosis, proliferative kidney disease, and
epizootic epitheliotropic virus disease.
Sec. 5.
Minnesota Statutes 2020, section 17.4982, subdivision 12, is amended to read:
Subd. 12.
Fish health inspection.
(a) "Fish health inspection" means an on-site,
statistically based sampling, collection, and testing of fish in accordance with processes in
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published
by the International Office of Epizootics (OIE) to test for causative pathogens. The samples
for inspection must be collected by a fish health inspector or a fish collector in cooperation
with the producer. Testing of samples must be done by an approved laboratory.
(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic necrosis
(IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
nonsalmonids must include at a minimum viral testing of ovarian fluids at the 95 percent
confidence level of detecting two percent incidence of disease.
(c) The inspection for certifiable diseases new text begin and pathogens new text end for wild fish must follow the
guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases.
Sec. 6.
Minnesota Statutes 2020, section 17.4982, is amended by adding a subdivision to
read:
new text begin Subd. 21a. new text end
new text begin VHS-susceptible species. new text end
new text begin
"VHS-susceptible species" are aquatic species
that are natural hosts for viral hemorrhagic septicemia according to the Fish Health Blue
Book or the book's successor.
new text end
Sec. 7.
Minnesota Statutes 2020, section 17.4982, is amended by adding a subdivision to
read:
new text begin Subd. 21b. new text end
new text begin VHS-susceptible-species list. new text end
new text begin
"VHS-susceptible-species list" is the
VHS-susceptible species listed in the Fish Health Blue Book that are found in or that can
survive in the Great Lakes region.
new text end
Sec. 8.
Minnesota Statutes 2020, section 17.4985, subdivision 2, is amended to read:
Subd. 2.
Bill of lading.
(a) A state-issued bill of lading is required for:
(1) intrastate transportation of aquatic life other than salmonids, catfish, or species on
the deleted text begin official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species listnew text end between licensed private fish hatcheries, aquatic farms, or
aquarium facilities licensed for the species being transported if the aquatic life is being
transported into a watershed where it is not currently present, if walleyes whose original
source is south of marked State Highway 210 are being transported to a facility north of
marked State Highway 210, or if the original source of the aquatic life is outside Minnesota
and contiguous states; and
(2) stocking deleted text begin ofdeleted text end waters other than public waters with aquatic life other than salmonids,
catfish, or species on the deleted text begin official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Servicesdeleted text end new text begin VHS-susceptible-species listnew text end .
(b) When aquatic life is transported under paragraph (a), a copy of the bill of lading
must be submitted to the regional fisheries manager at least 72 hours before the transportation.
(c) For transportation and stocking of waters that are not public waters:
(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before
transporting fish for stocking;
(2) a bill of lading must be submitted to the regional fisheries manager within five days
after stocking if the waters to be stocked are confirmed by telecopy or telephone prior to
stocking by the regional fisheries office not to be public waters; or
(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy
prior to transporting fish for stocking. Confirmation that the waters to be stocked are not
public waters may be made by returning the bill of lading by telecopy or in writing, in which
cases additional copies need not be submitted to the Department of Natural Resources.
(d) Bill of lading forms may only be issued by the Department of Natural Resources in
St. Paul, and new bill of lading forms may not be issued until all previously issued forms
have been returned.
Sec. 9.
Minnesota Statutes 2020, section 17.4985, subdivision 3, is amended to read:
Subd. 3.
Exemptions for transportation permits and bills of lading.
(a) A state-issued
bill of lading or transportation permit is not required by an aquatic farm licensee for
deleted text begin importation ofdeleted text end new text begin importingnew text end animals not on the deleted text begin official list of viral hemorrhagic septicemia
susceptible species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services; transportation ofdeleted text end new text begin VHS-susceptible-species list, transportingnew text end
animals not on the deleted text begin official list of viral hemorrhagic septicemia susceptible species published
by the United States Department of Agriculture, Animal and Plant Health Inspection Services;
or export fordeleted text end new text begin VHS-susceptible-species list, or exportingnew text end the following:
(1) minnows taken under an aquatic farm license in this state and transported intrastate;
(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and saltwater
species that cannot survive in the waters of the state, which may be imported or transported
if accompanied by shipping documents;
(3) fish or fish eggs that have been processed for use as food, bait, or other purposes
unrelated to fish propagation;
(4) live fish from a licensed aquatic farm, which may be transported directly to an outlet
for processing or for other food purposes if accompanied by shipping documents;
(5) fish being exported if accompanied by shipping documents;
(6) sucker eggs, sucker fry, or fathead minnows transported intrastate for bait propagation
or feeding of cultural aquatic life, except that if either species becomes listed on the deleted text begin official
list of viral hemorrhagic septicemia susceptible species published by the United States
Department of Agriculture, Animal and Plant Health Inspection Servicesdeleted text end new text begin
VHS-susceptible-species listnew text end , then a transportation permit is required;
(7) species of fish that are found within the state used in connection with public shows,
exhibits, demonstrations, or fishing pools for periods not exceeding 14 days;
(8) fish being transported through the state if accompanied by shipping documents; or
(9) intrastate transportation of aquatic life between or within licensed private fish
hatcheries, aquatic farms, or aquarium facilities licensed for the species being transported,
except where required in subdivision 2 and except that salmonids, catfish, or species on the
deleted text begin official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species listnew text end may only be transferred or transported intrastate without a
transportation permit if they had no record of bacterial kidney disease or viral hemorrhagic
septicemia at the time they were imported into the state and if they have had a fish health
inspection within the preceding year that has shown no certifiable diseases to be present.
Aquatic life being transferred between licensed private fish hatcheries, aquatic farms,
or aquarium facilities must be accompanied by shipping documents and salmonids, catfish,
or species on the deleted text begin official list of viral hemorrhagic septicemia susceptible species published
by the United States Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species listnew text end being transferred or transported intrastate without a
transportation permit must be accompanied by a copy of their most recent fish health
inspection.
(b) Shipping documents required under paragraph (a) must show the place of origin,
owner or consignee, destination, number, and species.
Sec. 10.
Minnesota Statutes 2020, section 17.4985, subdivision 5, is amended to read:
Subd. 5.
Permit application.
An application for a transportation permit must be made
on forms provided by the commissioner. An incomplete application must be rejected. An
application for a transportation permit for salmonids, catfish, or species on the deleted text begin official list
of viral hemorrhagic septicemia susceptible species published by the United States
Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species list;new text end their eggsdeleted text begin ,deleted text end new text begin ;new text end ornew text begin theirnew text end sperm must be accompanied by certification
that the source of the eggs or sperm are free of certifiable diseases, except that eggs with
enteric redmouth, whirling disease, or furunculosis may be imported, transported, or stocked
following treatment approved by the commissioner, and fish with bacterial kidney disease
or viral hemorrhagic septicemia may be imported, transported, or stocked into areas where
the disease has been identified as being present. A copy of the transportation permit showing
the date of certification inspection must accompany the shipment of fish while in transit
and must be available for inspection by the commissioner. By 14 days after a completed
application is received, the commissioner must approve or deny the importation permits as
provided in this section.
Sec. 11.
Minnesota Statutes 2020, section 17.4986, subdivision 2, is amended to read:
Subd. 2.
Licensed facilities.
(a) The commissioner shall issue transportation permits to
import:
(1) indigenous and naturalized species except trout, salmon, catfish, or species on the
deleted text begin official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species listnew text end and sperm from any source to a standard facility;
(2) trout, salmon, catfish, or species on the deleted text begin official list of viral hemorrhagic septicemia
susceptible species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services,deleted text end new text begin VHS-susceptible-species listnew text end from a nonemergency enzootic
disease area to a containment facility if the fish are certified within the previous year to be
free of certifiable diseases, except that eggs with enteric redmouth, whirling disease, or
furunculosis may be imported following treatment approved by the commissioner, and fish
with bacterial kidney disease or viral hemorrhagic septicemia may be imported into areas
where the disease has been identified as being present; and
(3) trout, salmon, catfish, or species on the deleted text begin official list of viral hemorrhagic septicemia
susceptible species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services,deleted text end new text begin VHS-susceptible-species listnew text end from a facility in a
nonemergency enzootic disease area with a disease-free history of three years or more to a
standard facility, except that eggs with enteric redmouth, whirling disease, or furunculosis
may be imported following treatment approved by the commissioner, and fish with bacterial
kidney disease or viral hemorrhagic septicemia may be imported into areas where the disease
has been identified as being present.
(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a
history free from disease, aquatic life may only be imported into a quarantine facility.
Sec. 12.
Minnesota Statutes 2020, section 17.4986, subdivision 4, is amended to read:
Subd. 4.
Disease-free history.
Disease-free histories required under this section must
include the results of a fish health inspection. When disease-free histories of more than one
year are required for importing salmonids, catfish, or species on the deleted text begin official list of viral
hemorrhagic septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Servicesdeleted text end new text begin VHS-susceptible-species listnew text end , the
disease history must be of consecutive years that include the year previous to, or the year
of, the transportation request.
Sec. 13.
Minnesota Statutes 2020, section 17.4991, subdivision 3, is amended to read:
Subd. 3.
Fish health inspection.
(a) An aquatic farm propagating salmonids, catfish,
or species on the deleted text begin viral hemorrhagic septicemia (VHS) susceptible list published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species listnew text end and having an effluent discharge from the aquatic farm into
public waters must have a fish health inspection conducted at least once every 12 months
by a certified fish health inspector. Testing must be conducted according to laboratory
methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases, published by the International Office of Epizootics (OIE).
(b) An aquatic farm propagating any species on the VHS susceptible list and having an
effluent discharge from the aquatic farm into public waters must test for VHS virus using
the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases. The commissioner may, by written order published in the State Register, prescribe
alternative testing time periods and methods from those prescribed in the Fish Health Blue
Book or the OIE Diagnostic Manual if the commissioner determines that biosecurity measures
will not be compromised. These alternatives are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply. The commissioner must provide reasonable
notice to affected parties of any changes in testing requirements.
(c) Results of fish health inspections must be provided to the commissioner for all fish
that remain in the state. All data used to prepare and issue a fish health certificate must be
maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
(d) A health inspection fee must be charged based on each lot of fish sampled. The fee
by check or money order payable to the Department of Natural Resources must be prepaid
or paid at the time a bill or notice is received from the commissioner that the inspection and
processing of samples is completed.
(e) Upon receipt of payment and completion of inspection, the commissioner shall notify
the operator and issue a fish health certificate. The certification must be made according to
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases by a
person certified as a fish health inspector.
(f) All aquatic life in transit or held at transfer stations within the state may be inspected
by the commissioner. This inspection may include the collection of stock for purposes of
pathological analysis. Sample size necessary for analysis will follow guidelines listed in
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
(g) Salmonids, catfish, or species on the VHS susceptible list must have a fish health
inspection before being transported from a containment facility, unless the fish are being
transported directly to an outlet for processing or other food purposes or unless the
commissioner determines that an inspection is not needed. A fish health inspection conducted
for this purpose need only be done on the lot or lots of fish that will be transported. The
commissioner must conduct a fish health inspection requested for this purpose within five
working days of receiving written notice. Salmonids and catfish may be immediately
transported from a containment facility to another containment facility once a sample has
been obtained for a health inspection or once the five-day notice period has expired.
Sec. 14.
Minnesota Statutes 2020, section 17.4992, subdivision 2, is amended to read:
Subd. 2.
Restriction on the sale of fish.
(a) Except as provided in paragraph (b), species
on the deleted text begin official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,deleted text end new text begin
VHS-susceptible-species listnew text end must be free of viral hemorrhagic septicemia and species of
the family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases
if sold for stocking or transfer to another aquatic farm.
(b) The following exceptions apply to paragraph (a):
(1) eggs with enteric redmouth, whirling disease, or furunculosis may be transferred
between licensed facilities or stocked following treatment approved by the commissioner;
(2) fish with bacterial kidney disease or viral hemorrhagic septicemia may be transferred
between licensed facilities or stocked in areas where the disease has been identified as being
present; and
(3) the commissioner may allow transfer between licensed facilities or stocking of fish
with enteric redmouth or furunculosis when the commissioner determines that doing so
would pose no threat to the state's aquatic resources.
Sec. 15.
Minnesota Statutes 2020, section 17.4993, subdivision 1, is amended to read:
Subdivision 1.
Taking from public waters.
(a) Under an aquatic farm license, a licensee
may takenew text begin onlynew text end minnow sperm, minnow eggs, and live minnows for aquatic farm purposes
from deleted text begin public waters that havedeleted text end new text begin a water body if:
new text end
new text begin (1) the water body has new text end been tested for viral hemorrhagic septicemia deleted text begin whendeleted text end new text begin and new text end the testing
indicates the disease is not presentnew text begin ; or
new text end
new text begin (2) the water body is located within a viral-hemorrhagic-septicemia-free zone posted on
the Department of Natural Resources websitenew text end .
(b) A licensee may take sucker eggs and sperm only in approved waters with a sucker
egg license endorsement as provided by section 17.4994.
Sec. 16.
Minnesota Statutes 2020, section 84.027, subdivision 13a, is amended to read:
Subd. 13a.
deleted text begin Game and fishdeleted text end new text begin Natural resourcesnew text end expedited permanent rules.
(a) In
addition to the authority granted in subdivision 13, the commissioner of natural resources
may adopt rules under section 14.389 that are authorized under:
(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate
fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for
registration of game or fish, to prevent or control wildlife disease, or to correct errors or
omissions in rules that do not have a substantive effect on the intent or application of the
original rule; deleted text begin or
deleted text end
(2) section 84D.12 to designate prohibited invasive species, regulated invasive species,
and unregulated nonnative speciesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) section 116G.15 to change the placement and boundaries of land use districts
established in the Mississippi River Corridor Critical Area.
new text end
(b) The commissioner of natural resources may adopt rules under section 14.389 that
are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed
in paragraph (a), clause (1), subject to the notice and public hearing provisions of section
14.389, subdivision 5.
Sec. 17.
Minnesota Statutes 2020, section 84.027, subdivision 18, is amended to read:
Subd. 18.
Permanent school fund authority; reporting.
(a) The commissioner of
natural resources has the authority and responsibility to administer school trust lands under
sections 92.122 and 127A.31. The commissioner shall deleted text begin biannuallydeleted text end new text begin bienniallynew text end report to the
Legislative Permanent School Fund Commission and the legislature on the management of
the school trust lands that shows how the commissioner has and will continue to achieve
the following goals:
(1) manage the school trust lands efficiently and in a manner that reflects the undivided
loyalty to the beneficiaries consistent with the commissioner's fiduciary duties;
(2) reduce the management expenditures of school trust lands and maximize the revenues
deposited in the permanent school trust fund;
(3) manage the sale, exchange, and commercial leasing of school trust lands, requiring
returns of not less than fair market value, to maximize the revenues deposited in the
permanent school trust fund and retain the value from the long-term appreciation of the
school trust lands;
(4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
management principles;
(5) optimize school trust land revenues and maximize the value of the trust consistent
with balancing short-term and long-term interests, so that long-term benefits are not lost in
an effort to maximize short-term gains; and
(6) maintain the integrity of the trust and prevent the misapplication of its lands and its
revenues.
(b) When the commissioner finds an irresolvable conflict between maximizing the
long-term economic return and protecting natural resources and recreational values on
school trust lands, the commissioner shall give precedence to the long-term economic return
in managing school trust lands. By July 1, 2018, the permanent school fund must be
compensated for all school trust lands included under a designation or policy provision that
prohibits long-term economic return. The commissioner shall submit recommendations to
the appropriate legislative committees and divisions on methods of funding for the
compensation required under this paragraph, including recommendations for appropriations
from the general fund, nongeneral funds, and the state bond fund. Any uncompensated
designation or policy provision restrictions on the long-term economic return on school
trust lands remaining after July 1, 2018, must be compiled and submitted to the Legislative
Permanent School Fund Commission for review.
(c) By December 31, 2013, the report required under paragraph (a) must provide an
inventory and identification of all school trust lands that are included under a designation
or policy provision that prohibits long-term economic return. The report must include a plan
to compensate the permanent school fund through the purchase or exchange of the lands or
a plan to manage the school trust land to generate long-term economic return to the permanent
school fund. Subsequent reports under paragraph (a) must include a status report of the
commissioner's progress in maximizing the long-term economic return on lands identified
in the 2013 report.
(d) When management practices, policies, or designations by the commissioner diminish
or prohibit the long-term economic return on school trust land, the conflict must be resolved
as provided in section 92.122.
Sec. 18.
Minnesota Statutes 2020, section 84.415, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Reimbursing costs. new text end
new text begin
In addition to fees specified in this section or in rules
adopted by the commissioner, the applicant must reimburse the state for costs incurred for
cultural resources review, monitoring, or other services provided by the Minnesota Historical
Society under contract with the commissioner of natural resources or the State Historic
Preservation Office of the Department of Administration in connection with the license
application, preparing the license terms, or constructing the utility line.
new text end
Sec. 19.
new text begin
[84.625] CONVEYANCE OF CONSERVATION EASEMENTS.
new text end
new text begin
Notwithstanding any law to the contrary, the commissioner of natural resources may,
on state-owned lands administered by the commissioner and on behalf of the state, convey
conservation easements as defined in section 84C.01, upon such terms and conditions,
including reversion in the event of nonuse, as the commissioner may determine. Any terms
and conditions obligating the state to incur costs related to monitoring or maintaining a
conservation easement must acknowledge the state is liable for the costs only to the extent
of an available appropriation according to section 16A.138.
new text end
Sec. 20.
Minnesota Statutes 2020, section 84.63, is amended to read:
84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE deleted text begin ANDdeleted text end new text begin ,new text end FEDERALnew text begin ,new text end
new text begin AND TRIBAL new text end GOVERNMENTS.
(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United Statesnew text begin , to a
federally recognized Indian Tribe,new text end or to the state of Minnesota or any of its subdivisions,
upon state-owned lands under the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise for trails, highways,
roads including limitation of right of access from the lands to adjacent highways and roads,
flowage for development of fish and game resources, stream protection, flood control, and
necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner
of natural resources may determine.
(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:
(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and
(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.
(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.
(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.
(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.
(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.
new text begin
(g) In addition to fees specified in this section, the applicant must reimburse the state
for costs incurred for cultural resources review, monitoring, or other services provided by
the Minnesota Historical Society under contract with the commissioner of natural resources
or the State Historic Preservation Office of the Department of Administration in connection
with the easement application, preparing the easement terms, or constructing the trail,
highway, road, or other improvements.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment, except
that paragraph (g) is effective July 1, 2021.
new text end
Sec. 21.
Minnesota Statutes 2020, section 84.631, is amended to read:
84.631 ROAD EASEMENTS ACROSS STATE LANDS.
(a) Except as provided in section 85.015, subdivision 1b, the commissioner of natural
resources, on behalf of the state, may convey a road easement across state land under the
commissioner's jurisdiction to a private person requesting an easement for access to property
owned by the person only if the following requirements are met: (1) there are no reasonable
alternatives to obtain access to the property; and (2) the exercise of the easement will not
cause significant adverse environmental or natural resource management impacts.
(b) The commissioner shall:
(1) require the applicant to pay the market value of the easement;
(2) limit the easement term to 50 years if the road easement is across school trust land;
(3) provide that the easement reverts to the state in the event of nonuse; and
(4) impose other terms and conditions of use as necessary and appropriate under the
circumstances.
(c) An applicant shall submit an application fee of $2,000 with each application for a
road easement across state land. The application fee is nonrefundable, even if the application
is withdrawn or denied.
(d) In addition to the payment for the market value of the easement and the application
fee, the commissioner of natural resources shall assess the applicant a monitoring fee to
cover the projected reasonable costs for monitoring the construction of the road and preparing
special terms and conditions for the easement. The commissioner must give the applicant
an estimate of the monitoring fee before the applicant submits the fee. The applicant shall
pay the application and monitoring fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.
(e) Upon completion of construction of the road, the commissioner shall refund the
unobligated balance from the monitoring fee revenue.
(f) Fees collected under paragraphs (c) and (d) must be credited to the land management
account in the natural resources fund and are appropriated to the commissioner of natural
resources to cover the reasonable costs incurred under this section.
new text begin
(g) In addition to fees specified in this section, the applicant must reimburse the state
for costs incurred for cultural resources review, monitoring, or other services provided by
the Minnesota Historical Society under contract with the commissioner of natural resources
or the State Historic Preservation Office of the Department of Administration in connection
with the easement application, preparing the easement terms, or constructing the road.
new text end
Sec. 22.
Minnesota Statutes 2020, section 84.82, subdivision 1a, is amended to read:
Subd. 1a.
General requirements.
A person may not operate deleted text begin or transportdeleted text end a snowmobile
unless the snowmobile has been registered under this section. A person may not sell a
snowmobile without furnishing the buyer a bill of sale on a form prescribed by the
commissioner.
Sec. 23.
Minnesota Statutes 2020, section 84.82, subdivision 7a, is amended to read:
Subd. 7a.
Collector snowmobiles; limited use.
The commissioner may issue a special
permit to a person or organization to operate deleted text begin or transportdeleted text end a collector snowmobile without
registration in parades or organized group outings, such as races, rallies, and other
promotional events and for up to ten days each year for personal transportation. The
commissioner may impose a reasonable restriction on a permittee and may revoke, amend,
suspend, or modify a permit for cause.
Sec. 24.
Minnesota Statutes 2020, section 84.92, subdivision 8, is amended to read:
Subd. 8.
All-terrain vehicle or vehicle.
"All-terrain vehicle" or "vehicle" means a
motorized vehicle with: (1) not less than three, but not more than six deleted text begin low pressure or
non-pneumaticdeleted text end tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width
from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle
includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle. All-terrain vehicle does
not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used
specifically for lawn maintenance, agriculture, logging, or mining purposes.
Sec. 25.
Minnesota Statutes 2020, section 84.946, subdivision 4, is amended to read:
Subd. 4.
Priorities; report.
The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By deleted text begin January 15deleted text end new text begin
March 1new text end each year, the commissioner must submit to the commissioner of management and
budget a list of the projects that have been paid for with money from a natural resource
asset preservation and replacement appropriation during the preceding calendar year.
Sec. 26.
Minnesota Statutes 2020, section 84D.02, subdivision 3, is amended to read:
Subd. 3.
Management plan.
new text begin By December 31, 2021, and every ten years thereafter, new text end the
commissioner deleted text begin shalldeleted text end new text begin mustnew text end prepare deleted text begin and maintaindeleted text end a long-term plan, which may include specific
plans for individual species and actions, for the statewide management of invasive species
of aquatic plants and wild animals. The plan must address:
(1) coordinated detection and prevention of accidental introductions;
(2) coordinated dissemination of information about invasive species of aquatic plants
and wild animals among resource management agencies and organizations;
(3) a coordinated public education and awareness campaign;
(4) coordinated control of selected invasive species of aquatic plants and wild animals
on lands and public waters;
(5) participation by lake associations, local citizen groups, and local units of government
in the development and implementation of local management efforts;
(6) a reasonable and workable inspection requirement for watercraft and equipment
including those participating in organized events on the waters of the state;
(7) the closing of points of access to infested waters, if the commissioner determines it
is necessary, for a total of not more than seven days during the open water season for control
or eradication purposes;
(8) maintaining public accesses on infested waters to be reasonably free of aquatic
macrophytes; and
(9) notice to travelers of the penalties for violation of laws relating to invasive species
of aquatic plants and wild animals.
Sec. 27.
Minnesota Statutes 2020, section 84D.11, subdivision 1a, is amended to read:
Subd. 1a.
Permit for invasive carp.
The commissioner may issue a permit to
departmental divisions for tagging bighead, black, grass, or silver carp for research or
control. Under the permit, the carp may be released into the water body from which the carp
was captured. deleted text begin This subdivision expires December 31, 2021.
deleted text end
Sec. 28.
Minnesota Statutes 2020, section 85.052, subdivision 1, is amended to read:
Subdivision 1.
Authority to establish.
(a) The commissioner may establish, by written
order, provisions for the use of state parks for the following:
(1) special parking space for automobiles or other motor-driven vehicles in a state park
or state recreation area;
(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other
types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces,
for the use of the individual charged for the space or facility;new text begin and
new text end
deleted text begin
(3) improvement and maintenance of golf courses already established in state parks, and
charging reasonable use fees; and
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end providing water, sewer, and electric service to trailer or tent campsites and charging
a reasonable use fee.
(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and
the rulemaking provisions of chapter 14. Section 14.386 does not apply.
(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or
building with furnishings for overnight use.
Sec. 29.
Minnesota Statutes 2020, section 85.052, subdivision 2, is amended to read:
Subd. 2.
State park deleted text begin pageantsdeleted text end new text begin special eventsnew text end .
(a) The commissioner may stage state
park deleted text begin pageantsdeleted text end new text begin special eventsnew text end in a state park, municipal park, or on other land near or adjoining
a state park and charge an entrance or use fee for the deleted text begin pageantdeleted text end new text begin special eventnew text end . All receipts
from the deleted text begin pageantsdeleted text end new text begin special eventsnew text end must be used in the same manner as though the deleted text begin pageantsdeleted text end new text begin
special eventsnew text end were conducted in a state park.
(b) The commissioner may establish, by written order, state park deleted text begin pageantdeleted text end new text begin special eventnew text end
areas to hold historical or other deleted text begin pageantsdeleted text end new text begin special eventsnew text end conducted by the commissioner of
a state agency or other public agency. Establishment of the areas is exempt from the
rulemaking provisions of chapter 14new text begin ,new text end and section 14.386 does not apply.
Sec. 30.
Minnesota Statutes 2020, section 85.053, subdivision 2, is amended to read:
Subd. 2.
Requirement.
Except as provided in section 85.054, a motor vehicle may not
enter a state park, state recreation area, or state wayside over 50 acres in area, without a
state park permit issued under this section or a state parks and trails plate issued under
section 168.1295. Except for vehicles permitted under subdivisions 7, paragraph (a), clause
(2), and 8, the state park permit must be affixed to the lower right corner windshield of the
motor vehicle and must be completely affixed by its own adhesive to the windshield, or the
commissioner may, by written order, provide an alternative means to display and validate
state park permits.new text begin A motor vehicle owner or lessee is responsible for ensuring the owner's
or lessee's vehicle has a state park permit, and the commissioner may issue warnings and
citations under section 84.0835 to the owner or lessee of a vehicle not in compliance.
new text end
Sec. 31.
Minnesota Statutes 2020, section 85.054, subdivision 1, is amended to read:
Subdivision 1.
State Park Open House Days.
(a) A state park permit is not required
for a motor vehicle to enter a state park, state monument, state recreation area, or state
wayside, on four days each calendar year at each park, which the commissioner shall
designate as State Park Open House Days. The commissioner may designate two consecutive
days as State Park Open House Days, if the open house is held in conjunction with a special
deleted text begin pageantdeleted text end new text begin eventnew text end described in section 85.052, subdivision 2.
(b) The commissioner shall announce the date of each State Park Open House Day at
least 30 days in advance of the date it occurs.
(c) The purpose of State Park Open House Days is to acquaint the public with state
parks, recreation areas, and waysides.
new text begin
(d) On State Park Open House Days, registered overnight guests in state parks and state
recreation areas are exempt from the requirements for a state park permit under section
85.053 until after the camping or lodging check-out time of the following day in the park
where the overnight stay occurred.
new text end
Sec. 32.
Minnesota Statutes 2020, section 85.43, is amended to read:
85.43 DISPOSITION OF RECEIPTS; PURPOSE.
deleted text begin (a)deleted text end 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 deleted text begin the following
purposesdeleted text end :
(1) grants-in-aid for cross-country-ski trails to:
(i) counties and municipalities for construction and maintenance of cross-country-ski
trails; and
(ii) special park districts as provided in section 85.44 for construction and maintenance
of cross-country-ski trails; deleted text begin and
deleted text end
(2) deleted text begin administration ofdeleted text end new text begin administeringnew text end the cross-country-ski trail grant-in-aid programdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(3) developing and maintaining state cross-country-ski trails.
new text end
deleted text begin
(b) Development and maintenance of state cross-country-ski trails are eligible for funding
from the cross-country-ski account if the money is appropriated by law.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2019.
new text end
Sec. 33.
Minnesota Statutes 2020, section 89.021, is amended by adding a subdivision to
read:
new text begin Subd. 42a. new text end
new text begin
Riverlands State Forest.
new text end
Sec. 34.
Minnesota Statutes 2020, section 89.17, is amended to read:
89.17 LEASES AND PERMITS.
(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant
and execute, in the name of the state, leases and permits for the use of any forest lands under
the authority of the commissioner for any purpose that in the commissioner's opinion is not
inconsistent with the maintenance and management of the forest lands, on forestry principles
for timber production. Every such lease or permit is revocable at the discretion of the
commissioner at any time subject to such conditions as may be agreed on in the lease. The
approval of the commissioner of administration is not required upon any such lease or
permit. No such lease or permit for a period exceeding 21 years shall be granted except with
the approval of the Executive Council.
(b) Public access to the leased land for outdoor recreation is the same as access would
be under state management.
(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs
incurred for preparing and issuing the lease, all remaining proceeds from leasing school
trust land and university land for roads on forest lands must be deposited into the respective
permanent fund for the lands.
(d) The commissioner may require a performance bond, security deposit, or other form
of security for removing any improvements or personal property left on the leased premises
by the lessee upon termination or cancellation of the lease.
new text begin
(e) In addition to other payments required by this section, the applicant must reimburse
the state for costs incurred for cultural resources review, monitoring, or other services
provided by the Minnesota Historical Society under contract with the commissioner of
natural resources or the State Historic Preservation Office of the Department of
Administration in connection with reviewing the lease request, preparing the lease terms,
or monitoring construction of improvements on the leased premises.
new text end
Sec. 35.
Minnesota Statutes 2020, section 92.50, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Reimbursing costs. new text end
new text begin
In addition to other payments required by this section, the
applicant must reimburse the state for costs incurred for cultural resources review, monitoring,
or other services provided by the Minnesota Historical Society under contract with the
commissioner of natural resources or the State Historic Preservation Office of the Department
of Administration in connection with reviewing the lease request, preparing the lease terms,
or constructing improvements on the leased premises.
new text end
Sec. 36.
Minnesota Statutes 2020, section 92.502, is amended to read:
92.502 LEASE OF TAX-FORFEITED AND STATE LANDS.
(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.
(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.
(c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails and facilities.new text begin The commissioner may assess the
lease applicant a monitoring fee to cover the projected reasonable costs of monitoring
construction of the recreational trail or facility 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 is required to submit the fee. Upon
completion of construction of the trail or facility, the commissioner must refund the
unobligated balance from the monitoring fee revenue.
new text end
(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis
Counties may enter into 30-year leases of tax-forfeited land for recreational trails and
facilities.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 37.
new text begin
[92.503] CONSERVATION PLANNING LEASES.
new text end
new text begin
The commissioner of natural resources may lease state-owned lands as defined in section
92.01 for a term not to exceed 21 years for the purpose of investigating, analyzing, and
developing conservation easements that provide ecosystem services benefits. Leases granted
under this section are not subject to section 92.50, subdivision 1, paragraph (b), with respect
to Executive Council approval for commercial leases or section 92.50, subdivision 1,
paragraph (d).
new text end
Sec. 38.
Minnesota Statutes 2020, section 97A.015, subdivision 29, is amended to read:
Subd. 29.
Minnows.
"Minnows" means: (1) members of the minnow family, Cyprinidae,
except carp and goldfish; (2) members of the mudminnow family, Umbridae; (3) members
of the sucker family, Catostomidaedeleted text begin , not over 12 inches in lengthdeleted text end ; (4) bullheads, ciscoes,
lake whitefish, goldeyes, and mooneyes, not over seven inches long; (5) leeches; and (6)
tadpole madtoms (willow cats) and stonecats.
Sec. 39.
Minnesota Statutes 2020, section 97A.401, subdivision 1, is amended to read:
Subdivision 1.
Commissioner's authority.
The commissioner may issue special permits
for the activities in this section. A special permit may be issued in the form of a general
permit to a governmental subdivision or to the general public to conduct one or more
activities under subdivisions 2 to deleted text begin 7deleted text end new text begin 8new text end .
Sec. 40.
Minnesota Statutes 2020, section 97A.401, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Snakes, lizards, and salamanders. new text end
new text begin
The commissioner must prescribe conditions
and may issue permits to breed, propagate, and sell snakes, lizards, and salamanders. A
snake, lizard, or salamander that is obtained from a permitted breeder or that was possessed
before August 1, 2021, may be possessed as a pet.
new text end
Sec. 41.
Minnesota Statutes 2020, section 97A.421, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) The annual license of a person convicted of a violation of
the game and fish laws relating to the license or wild animals covered by the license is void
when:
(1) a second conviction occurs within three years under a license to trap fur-bearing
animals, take small game, or to take fish by angling or spearing;
(2) a deleted text begin thirddeleted text end new text begin secondnew text end conviction occurs within deleted text begin one yeardeleted text end new text begin three yearsnew text end under a minnow dealer's
license;
(3) a second conviction occurs within three years for violations of section 97A.425 that
do not involve falsifications or intentional omissions of information required to be recorded,
or attempts to conceal unlawful acts within the records;
(4) two or more misdemeanor convictions occur within a three-year period under a
private fish hatchery license;
(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is for
a violation of section 97A.425 not described in clause (3); or
(6) the conviction is related to assisting a person in the illegal taking, transportation, or
possession of wild animals, when acting as a hunting or angling guide.
(b) Except for big-game licenses and as otherwise provided in this section, for one year
after the conviction the person may not obtain the kind of license or take wild animals under
a lifetime license, issued under section 97A.473 or 97A.474, relating to the game and fish
law violation.
Sec. 42.
Minnesota Statutes 2020, section 97A.421, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Issuance after conviction; night vision or thermal imaging equipment. new text end
new text begin
(a)
A person who is convicted of a violation under paragraph (b) and who possessed night
vision or thermal imaging equipment during the violation may not obtain a hunting license
or hunt wild animals for five years from the date of conviction.
new text end
new text begin
(b) The revocation under this subdivision applies to convictions for:
new text end
new text begin
(1) trespassing;
new text end
new text begin
(2) hunting game in closed season;
new text end
new text begin
(3) hunting game in closed hours;
new text end
new text begin
(4) possessing night vision or thermal imaging equipment while taking wild animals in
violation of section 97B.086; or
new text end
new text begin
(5) possessing unlawful firearms in deer zones in violation of section 97B.041.
new text end
Sec. 43.
Minnesota Statutes 2020, section 97A.505, subdivision 3b, is amended to read:
Subd. 3b.
Wild animals taken on Red Lake Reservation lands deleted text begin within Northwest
Angledeleted text end .
Wild animals taken and tagged new text begin on the Red Lake Reservation lands new text end in accordance
with the Red Lake Band's Conservation Code deleted text begin on the Red Lake Reservation lands in
Minnesota north of the 49th parallel shall bedeleted text end new text begin and all applicable federal law arenew text end considered
lawfully taken and possessed under state law.new text begin Possessing wild animals harvested under this
subdivision is in addition to any state limits.
new text end
Sec. 44.
Minnesota Statutes 2020, section 97B.036, is amended to read:
97B.036 CROSSBOW HUNTING DURING FIREARMS SEASON.
Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer, bear,
or turkey by crossbow during the respective deleted text begin regulardeleted text end firearms seasons. The transportation
requirements of section 97B.051 apply to crossbows during the deleted text begin regulardeleted text end firearms deer, bear,
or turkey season. Crossbows must meet the requirements of section 97B.106, subdivision
2. A person taking deer, bear, or turkey by crossbow under this section must have a valid
deleted text begin firearmsdeleted text end license to take the respective gamenew text begin by firearm. This section does not allow the use
of a crossbow by licensed muzzleloader hunters during the muzzleloader firearms deer
season under section 97B.311new text end .
Sec. 45.
Minnesota Statutes 2020, section 97B.055, subdivision 2, is amended to read:
Subd. 2.
Restrictions related to motor vehicles.
new text begin (a) new text end A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this section.
new text begin
(b) A person may not shoot at a decoy of a wild animal that is placed by a licensed peace
officer by:
new text end
new text begin
(1) discharging a firearm from a motor vehicle; or
new text end
new text begin
(2) discharging an arrow from a bow from a motor vehicle.
new text end
new text begin (c)new text end Notwithstanding section 97B.091, a person may transport a bow uncased while in a
motorized watercraft and may take rough fish while in the boat as provided in section
97C.376, subdivision 3.
Sec. 46.
Minnesota Statutes 2020, section 97B.071, is amended to read:
97B.071 CLOTHING new text begin AND GROUND BLIND new text end REQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.
(a) Except as provided in rules adopted under paragraph deleted text begin (c)deleted text end new text begin (d)new text end , a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze
pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within
each foot square. This section does not apply to migratory-waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.
new text begin
(b) Except as provided in rules adopted under paragraph (d) and in addition to the
requirements under paragraph (a), during the open season where deer may be taken by
firearms under applicable laws and ordinances, a person in a fabric or synthetic ground
blind on public land must have:
new text end
new text begin
(1) a blaze orange or blaze pink safety covering on the top of the blind visible for 360
degrees around the blind; or
new text end
new text begin
(2) at least 144 square inches of blaze orange or blaze pink material on each side of the
blind.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Except as provided in rules adopted under paragraph deleted text begin (c)deleted text end new text begin (d)new text end , and in addition to
the deleted text begin requirementdeleted text end new text begin requirementsnew text end in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (a)new text begin and (b)new text end , a person may not take
small game other than turkey, migratory birds, raccoons, and predators, except while trapping,
unless a visible portion of at least one article of the person's clothing above the waist is
blaze orange or blaze pink. This paragraph does not apply to a person when in a stationary
location while hunting deer by archery or when hunting small game by falconry.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner may, by rule, prescribe an alternative color in cases where
deleted text begin paragraph (a) or (b)deleted text end new text begin paragraphs (a) to (c)new text end would violate the Religious Freedom Restoration
Act of 1993, Public Law 103-141.
deleted text begin (d)deleted text end new text begin (e)new text end A violation of paragraph deleted text begin (b) shalldeleted text end new text begin (c) doesnew text end not result in a penalty, but is punishable
only by a safety warning.
Sec. 47.
Minnesota Statutes 2020, section 97B.086, is amended to read:
97B.086 POSSESSING NIGHT VISION OR THERMAL IMAGING EQUIPMENT.
(a) A person may not possess night vision or thermal imaging equipment while taking
wild animals or while having in possession, either individually or as one of a group of
persons, a firearm, bow, or other implement that could be used to take wild animals.
(b) This section does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm by
being zipped, snapped, buckled, tied, or otherwise fastened without any portion of the
firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This section does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm or
bow must be placed in the rearmost location of the vehicle.
(e) This section does not apply to night visionnew text begin , night vision enhanced with an infrared
illuminator,new text end or thermal imaging equipment possessed by:
(1) peace officers or military personnel while exercising their duties; or
(2) a person taking coyote or fox as provided under section 97B.075 and rules adopted
under section 97B.605new text begin , but the equipment must not be possessed during the regular firearms
deer seasonnew text end .
Sec. 48.
Minnesota Statutes 2020, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) new text begin Except as provided under paragraph (c), new text end the commissioner may, by rule, prescribe
restrictions and designate areas where deer may be taken, including hunter selection criteria
for special hunts established under section 97A.401, subdivision 4. The commissioner may,
by rule, prescribe the open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms, between November 1 and
December 15;
(2) taking with muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may establish special seasons
within designated areas at any time of year.
new text begin
(c) The commissioner may not impose an antler point restriction other than that imposed
under Minnesota Rules, part 6232.0200, subpart 6.
new text end
Sec. 49.
Minnesota Statutes 2020, section 97B.415, is amended to read:
97B.415 TAKING BEAR TO PROTECT PROPERTYnew text begin ; SPECIAL PERMIT FOR
TAKING NUISANCE BEARnew text end .
new text begin (a) new text end A person may take a bear at any time to protect the person's property. The person
must report the bear taken to a conservation officer within 48 hours. The bear may be
disposed of as prescribed by the commissioner.
new text begin
(b) The commissioner must issue a bear control special permit according to section
97A.401 for wildlife control operators to take nuisance bear by live trapping and relocating
the bear. When a bear is trapped and released, an enforcement officer or a wildlife manager
must approve the release location. The commissioner must provide specific training to
wildlife control operators who are issued a permit under this paragraph, including a refresher
course every five years. The commissioner may not charge a fee for the bear control special
permit or training. A wildlife control operator with a special permit issued under this
paragraph may use remote surveillance equipment to monitor live traps.
new text end
Sec. 50.
Minnesota Statutes 2020, section 97B.811, subdivision 4a, is amended to read:
Subd. 4a.
Restrictions on certain motorized decoys.
deleted text begin From the opening day of the duck
season through the Saturday nearest October 8, a person may not use a motorized decoy,
or other motorized device designed to attract migratory waterfowl.deleted text end During the deleted text begin remainder
of thedeleted text end duck season, the commissioner may, by rule, designate all or any portion of a wetland
or lake closed to the use of motorized decoys or motorized devices designed to attract
migratory waterfowl. deleted text begin On water bodies and lands fully contained within wildlife management
area boundaries, a person may not use motorized decoys or motorized devices designed to
attract migratory waterfowl at any time during the duck season.
deleted text end
Sec. 51.
Minnesota Statutes 2020, section 97C.005, subdivision 3, is amended to read:
Subd. 3.
Seasons, limits, and other rules.
The commissioner may, in accordance with
the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, establish
open seasons, limits, methods, and other requirements for taking fish on special management
waters. The commissioner may, by written order published in the State Register, amend
daily, possession, or size limits to make midseason adjustments based on available harvest,
angling pressure, and population data to manage the fisheries in the 1837 Ceded Territory
in compliance with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S.
Ct. 1187 (1999)new text begin and in the state waters of Upper Red Lakenew text end . The midseason adjustments in
daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply. Before the written order is effective, the commissioner
shall attempt to notify persons or groups of persons affected by the written order by public
announcement, posting, and other appropriate means as determined by the commissioner.
Sec. 52.
Minnesota Statutes 2020, section 97C.211, subdivision 2a, is amended to read:
Subd. 2a.
Acquiring fish.
(a) A private fish hatchery may not obtain fish outside of the
state unless the fish or the source of the fish are approved by the commissioner. The
commissioner may apply more stringent requirements to fish or a source of fish from outside
the state than are applied to fish and sources of fish from within the state. The commissioner
must either approve or deny the acquisition within 30 days after receiving a written request
for approval. deleted text begin Minnows acquired must be processed and not released into public waters,
except as provided in section 97C.515, subdivision 4.deleted text end A request may be for annual
acquisition.
(b) If the commissioner denies approval, a written notice must be submitted to the
applicant stating the reasons for the denial and the commissioner must:
(1) designate approved sources to obtain the desired fish or fish eggs; or
(2) sell the fish or fish eggs from state fish hatcheries at fair market value.
Sec. 53.
Minnesota Statutes 2020, section 97C.342, subdivision 2, is amended to read:
Subd. 2.
Bait restrictions.
new text begin (a) new text end Frozen or dead fish on the deleted text begin official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of Agriculture,
Animal and Plant Health Inspection Servicesdeleted text end new text begin VHS-susceptible-species list under section
17.4982, subdivision 21bnew text end ; cisco (all Coregonus, including lake herring and tullibee); and
smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus) being used as bait in waters of
the state must originate from water bodies certified disease-free.new text begin A water body is certified
as disease-free if:
new text end
new text begin
(1) the water body has been tested for viral hemorrhagic septicemia and the testing
indicates the disease is not present; or
new text end
new text begin
(2) the water body is located within a viral-hemorrhagic-septicemia-free zone posted on
the Department of Natural Resources website.
new text end
new text begin (b)new text end Certification for deleted text begin thesedeleted text end new text begin individually tested new text end water bodies is valid for one year from the
date of test results.new text begin Certification of water bodies within a viral-hemorrhagic-septicemia-free
zone posted on the Department of Natural Resources website is valid for the dates included
in the posting. A viral-hemorrhagic-septicemia-free certification is also referred to as a fish
health certification.
new text end
Sec. 54.
Minnesota Statutes 2020, section 97C.515, subdivision 2, is amended to read:
Subd. 2.
Permit for deleted text begin transportationdeleted text end new text begin importationnew text end .
(a) A person may deleted text begin transportdeleted text end new text begin importnew text end
live minnows deleted text begin throughdeleted text end new text begin intonew text end the state with a permit from the commissioner. deleted text begin The permit must
state the name and address of the person, the number and species of minnows, the point of
entry into the state, the destination, and the route through the state. The permit is not valid
for more than 12 hours after it is issued.deleted text end new text begin A person must not import minnows into the state
except as provided in this section.
new text end
deleted text begin
(b) Minnows transported under this subdivision must be in a tagged container. The tag
number must correspond with tag numbers listed on the minnow transportation permit.
deleted text end
deleted text begin
(c) The commissioner may require the person transporting minnow species found on
the official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services, to provide
health certification for viral hemorrhagic septicemia. The certification must disclose any
incidentally isolated replicating viruses, and must be dated within the 12 months preceding
transport.
deleted text end
new text begin
(b) Minnows must be certified as healthy according to standards of the World
Organisation for Animal Health or the Fish Health Section Blue Book of the American
Fisheries Society.
new text end
new text begin
(c) Minnows must be certified free of viral hemorrhagic septicemia, infectious
hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp virus, fathead
minnow nidovirus, and Heterosporis within the past 12 months.
new text end
new text begin
(d) Minnows must originate from a biosecure facility that has tested negative for invasive
species in the past 12 months.
new text end
new text begin
(e) Only a person that holds a minnow dealer's license issued under section 97C.501,
subdivision 2, may obtain a permit to import minnows.
new text end
new text begin
(f) The following information must be available to the commissioner upon request for
each load of imported minnows:
new text end
new text begin
(1) the date minnows were imported;
new text end
new text begin
(2) the number of pounds or gallons imported;
new text end
new text begin
(3) the facility name from which the minnows originated; and
new text end
new text begin
(4) a fish health certificate for the minnows.
new text end
new text begin
(g) Minnows may be imported to feed hatchery fish if the requirements in paragraphs
(a) to (f) are met.
new text end
Sec. 55.
Minnesota Statutes 2020, section 97C.805, subdivision 2, is amended to read:
Subd. 2.
Restrictions.
(a) deleted text begin Thedeleted text end Netting deleted text begin ofdeleted text end lake whitefish and ciscoes is subject to the
restrictions in this subdivision.
(b) A person may not use:
(1) more than deleted text begin two netsdeleted text end new text begin one netnew text end ;
(2) a net more than 100 feet long; or
(3) a net more than three feet wide.
(c) The mesh size of the deleted text begin netsdeleted text end new text begin netnew text end may not be less than:
(1) 1-3/4 inches, stretch measure, for nets used to take ciscoes; and
(2) 3-1/2 inches, stretch measure, for all other nets.
(d) A net may not be set in water, including ice thickness, deeper than six feet.
(e) The commissioner may designate waters where nets may be set so that portions of
the net extend into water deeper than six feet under conditions prescribed by the
commissioner to protect game fish. A pole or stake must project at least two feet above the
surface of the water or ice at one end of deleted text begin eachdeleted text end new text begin thenew text end net.
(f) A net may not be set within 50 feet of another net.
(g) A person may not have angling equipment in possession while netting lake whitefish
or ciscoes.
Sec. 56.
Minnesota Statutes 2020, section 97C.836, is amended to read:
97C.836 LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT
HARVEST.
The commissioner shall provide for taking of lake trout by licensed commercial operators
in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale.
The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake
Superior management zone MN-3 beginning annually in 2007 and zone MN-2 beginning
annually in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in zone
MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect
the lake trout population or to manage the effects of invasive species or fish disease. Taking
lake trout for expanded assessment and sale shall be allowed from June 1 to September 30,
but may end earlier in the respective zones if the quotas are reached. The quotas must be
reassessed at the expiration of the current ten-year Fisheries Management Plan for the
Minnesota Waters of Lake Superior deleted text begin dated September 2006deleted text end .
Sec. 57.
Minnesota Statutes 2020, section 103A.212, is amended to read:
103A.212 WATERSHED MANAGEMENT POLICY.
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
The quality of life of every Minnesotan depends on water.
Minnesota's rivers, lakes, streams, wetlands, and groundwater provide a foundation for
drinking water and the state's recreational, municipal, commercial, industrial, agricultural,
environmental, aesthetic, and economic well-being. The legislature finds that it is in the
public interest to manage groundwater and surface water resources from the perspective of
aquifers, watersheds, and river basins to achieve protection, preservation, enhancement,
and restoration of the state's valuable groundwater and surface water resources.
new text begin Subd. 2. new text end
new text begin Coordination and cooperation. new text end
new text begin
In implementing the policy under this section,
state agencies and local and regional governments with authority over local water
management, conservation, land use, land management, and development plans must take
into consideration the manner in which their plans are consistent with the policy. To the
extent practicable, state agencies and local and regional governments must endeavor to enter
into formal and informal agreements and arrangements to jointly use staff and educational,
technical, and financial resources to deliver programs or conduct activities to achieve the
purposes of the policy.
new text end
Sec. 58.
Minnesota Statutes 2020, section 103B.103, is amended to read:
103B.103 EASEMENT STEWARDSHIP ACCOUNTS.
Subdivision 1.
Accounts established; sources.
(a) The water and soil conservation
easement stewardship account and the mitigation easement stewardship account are created
in the special revenue fund. The accounts consist of money credited to the accounts and
interest and other earnings on money in the accounts. The State Board of Investment must
manage the accounts to maximize long-term gain.
(b) Revenue from contributions and money appropriated for any purposes of the account
as described in subdivision 2 must be deposited in the water and soil conservation easement
stewardship account. Revenue from contributions, wetland deleted text begin bankingdeleted text end new text begin mitigationnew text end fees designated
for stewardship purposes by the board, easement stewardship payments authorized under
subdivision 3, and money appropriated for any purposes of the account as described in
subdivision 2 must be deposited in the mitigation easement stewardship account.
Subd. 2.
Appropriation; purposes of accounts.
new text begin (a) new text end Five percent of the balance on July
1 each year in the water and soil conservation easement stewardship account and five percent
of the balance on July 1 each year in the mitigation easement stewardship account are
annually appropriated to the board and may be spent only to cover the costs of managing
easements held by the board, including costs associated withnew text begin :
new text end
new text begin
(1) repairing or replacing structures;
new text end
new text begin
(2) maintaining vegetation and hydrology;
new text end
new text begin (3)new text end monitoringdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end landowner contactsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end records storage and managementdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end processing landowner noticesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (7)new text end requests for approval or amendmentsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (8)new text end enforcementdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (9)new text end legal services associated with easement management activities.
new text begin
(b) When the amount appropriated under paragraph (a) is not sufficient to cover the
costs of easements held by the board, the board may use money from the mitigation easement
stewardship account and the water and soil conservation easement stewardship account to
cover costs associated with:
new text end
new text begin
(1) legal compliance costs;
new text end
new text begin
(2) repairing or replacing structures; and
new text end
new text begin
(3) maintaining vegetation and hydrology.
new text end
new text begin
(c) In addition to the amounts appropriated under paragraph (a), up to 25 percent of the
balance on July 1 each year in the water and soil conservation easement stewardship account
and 25 percent of the balance on July 1 each year in the mitigation easement stewardship
account are annually appropriated to the board for the purposes of paragraph (b). In
consultation with the commissioner of management and budget, the board must establish a
process, including criteria, for the use of money appropriated under this paragraph. The
board must include a summary of how money appropriated under this paragraph in the prior
two fiscal years was used in the report required under section 103B.101, subdivision 9,
paragraph (a), clause 7.
new text end
Subd. 3.
Financial contributions.
The board shall seek a financial contribution to the
water and soil conservation easement stewardship account for each conservation easement
acquired by the board. The board shall seek a financial contribution or assess an easement
stewardship payment to the mitigation easement stewardship account for each wetland
deleted text begin bankingdeleted text end new text begin mitigationnew text end easement acquired by the board. Unless otherwise provided by law, the
board shall determine the amount of the contribution or payment, which must be an amount
calculated to earn sufficient money to meet the costs of managing the easement at a level
that neither significantly overrecovers nor underrecovers the costs. In determining the
amount of the financial contribution, the board shall consider:
(1) the estimated annual staff hours needed to manage the conservation easement, taking
into consideration factors such as easement type, size, location, and complexity;
(2) the average hourly wages for the class or classes of state and local employees expected
to manage the easement;
(3) the estimated annual travel expenses to manage the easement;
(4) the estimated annual miscellaneous costs to manage the easement, including supplies
and equipment, information technology support, and aerial flyovers;
(5) the estimated annualized costs of legal services, including the cost to enforce the
easement in the event of a violation; deleted text begin and
deleted text end
new text begin
(6) the estimated annualized costs for repairing or replacing structures and maintaining
vegetation and hydrology; and
new text end
deleted text begin (6)deleted text end new text begin (7)new text end the expected rate of return on investments in the account.
Sec. 59.
Minnesota Statutes 2020, section 103C.315, subdivision 4, is amended to read:
Subd. 4.
Compensation.
A supervisor shall receive compensation for services up to deleted text begin $75deleted text end new text begin
$125new text end per day, and may be reimbursed for expenses, including traveling expenses, necessarily
incurred in the discharge of duties. A supervisor may be reimbursed for the use of the
supervisor's own automobile in the performance of official duties at a rate up to the maximum
tax-deductible mileage rate permitted under the federal Internal Revenue Code.
Sec. 60.
new text begin
[103F.05] MINNESOTA RIVER BASIN WATER QUALITY AND
STORAGE PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "board" means the Board of Water and Soil Resources; and
new text end
new text begin
(2) "local units of government" has the meaning given under section 103B.305,
subdivision 5.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The board may establish a program to provide financial
assistance to local units of government located in the Minnesota River basin to control water
volume and rates for the purpose of protecting infrastructure and improving water quality
and related public benefits.
new text end
new text begin Subd. 3. new text end
new text begin Financial assistance. new text end
new text begin
(a) The board may provide financial assistance to local
units of government to cover the costs of water storage projects and other water quality
practices consistent with a plan approved according to chapter 103B, 103C, or 103D. Eligible
costs include costs for site acquisition, design, engineering, and construction. The board
may acquire conservation easements under sections 103F.501 to 103F.531 as necessary to
implement a project or practice under this section.
new text end
new text begin
(b) The board must enter into agreements with local units of government receiving
financial assistance under this section. The agreements must specify the terms of state and
local cooperation, including the financial arrangement for constructing any structures and
assuring maintenance of the structures after completion.
new text end
new text begin
(c) The board may adopt procedures based on section 103C.501 for cost-sharing contracts
needed to implement this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Local match. new text end
new text begin
The board may require a local match and may adjust match
requirements if federal funds are available for the project.
new text end
new text begin Subd. 5. new text end
new text begin Technical assistance. new text end
new text begin
(a) The board may employ or contract with an engineer
or hydrologist to work on the technical implementation of the program established under
this section.
new text end
new text begin
(b) When implementing the program, the board must:
new text end
new text begin
(1) assist local units of government in achieving the purposes of the program;
new text end
new text begin
(2) review and analyze projects and project sites; and
new text end
new text begin
(3) evaluate the effectiveness of completed projects constructed under the program.
new text end
new text begin
(c) The board may enter into cooperative agreements with the commissioner of natural
resources, the Natural Resources Conservation Service of the United States Department of
Agriculture, and other agencies as needed to analyze hydrological and engineering
information on proposed sites.
new text end
new text begin Subd. 6. new text end
new text begin Requirements. new text end
new text begin
(a) A local unit of government applying for financial assistance
under this section must provide a copy of a resolution or other documentation of the local
unit of government's support for the project. The documentation must include provisions
for local funding and management, the proposed method of obtaining necessary land rights
for the proposed project, and an assignment of responsibility for maintaining any structures
or practices upon completion of the project.
new text end
new text begin
(b) A local unit of government, with the assistance of the board, must evaluate the
environmental and other benefits that are reasonably expected upon completing the proposed
project. The evaluation must be submitted to the board before the final design.
new text end
new text begin Subd. 7. new text end
new text begin Interstate cooperation. new text end
new text begin
The board may enter into or approve working
agreements with neighboring states or their political subdivisions to accomplish projects
consistent with the program established in this section.
new text end
new text begin Subd. 8. new text end
new text begin Federal aid availability. new text end
new text begin
The board must regularly complete an analysis of the
availability of federal funds and programs to supplement or complement state and local
efforts consistent with the purposes of this section.
new text end
Sec. 61.
Minnesota Statutes 2020, section 103G.271, subdivision 4a, is amended to read:
Subd. 4a.
Mt. Simon-Hinckley aquifer.
deleted text begin (a)deleted text end The commissioner may not issue new
water-use permits that will appropriate water from the Mt. Simon-Hinckley aquifer deleted text begin in a
metropolitan county, as defined in section 473.121, subdivision 4,deleted text end unless the appropriation
is for potable water use, there are no feasible or practical alternatives to this source, and a
water conservation plan is incorporated with the permit.
deleted text begin
(b) The commissioner shall terminate all permits authorizing appropriation and use of
water from the Mt. Simon-Hinckley aquifer for once-through systems in a metropolitan
county, as defined in section 473.121, subdivision 4, by December 31, 1992.
deleted text end
Sec. 62.
Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:
new text begin Subd. 4b. new text end
new text begin Bulk transport or sale. new text end
new text begin
(a) To maintain the supply of drinking water for future
generations and except as provided under paragraph (b), the commissioner may not issue
a new water-use permit to appropriate water in excess of one million gallons per year for
bulk transport or sale of water for consumptive use to a location more than 50 miles from
the point of the proposed appropriation.
new text end
new text begin
(b) Paragraph (a) does not apply to a water-use permit for a public water supply, as
defined under section 144.382, subdivision 4, issued to a local unit of government, rural
water district established under chapter 116A, or Tribal unit of government if:
new text end
new text begin
(1) the use is solely for the public water supply;
new text end
new text begin
(2) the local unit of government, rural water district established under chapter 116A, or
Tribal unit of government has a property interest at the point of the appropriation;
new text end
new text begin
(3) the communities that will use the water are located within 100 miles of the point of
appropriation; and
new text end
new text begin
(4) the requirements in sections 103G.265, 103G.285, and 103G.287 are met.
new text end
Sec. 63.
Minnesota Statutes 2020, section 103G.271, subdivision 7, is amended to read:
Subd. 7.
Transferring permit.
new text begin (a) new text end A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. The commissioner must not deny the transfer of a permit
if the permittee is in compliance with all permit conditions and the permit meets the
requirements of sections 103G.255 to 103G.301.
new text begin
(b) When transferring a permit, the commissioner must not require additional conditions
on the permit, reduce the appropriation, reduce the term, or require any testing.
new text end
Sec. 64.
Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Management plans; economic impacts. new text end
new text begin
Before a management plan for
appropriating water is prepared, the commissioner must provide estimates of the economic
impact of any new restriction or policy on existing and future groundwater users and local
governments in the affected area. Strategies to address economic impacts must be included
in the plan.
new text end
Sec. 65.
Minnesota Statutes 2020, section 103G.287, subdivision 4, is amended to read:
Subd. 4.
Groundwater management areas.
(a) The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a groundwater
management area plan approved by the commissioner that addresses water conservation
requirements and water allocation priorities established in section 103G.261. new text begin During
development of a groundwater management area plan, the commissioner and employees
and agents of the department may disseminate information related to the timing, location,
and agendas of meetings related to the plan, but must otherwise limit public information
related to the groundwater management area plan to direct factual responses to public and
media inquiries. new text end At least 30 days prior to implementing or modifying a groundwater
management area plan under this subdivision, the commissioner shall consult with the
advisory team established in paragraph (c).
(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
Rules, within designated groundwater management areas, the commissioner may require
general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
serving less than 25 persons for domestic purposes. The commissioner may waive the
requirements under section 103G.281 for general permits issued under this paragraph, and
the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general
permits issued under this paragraph.
(c) When designating a groundwater management area, the commissioner shall assemble
an advisory team to assist in developing a groundwater management area plan for the area.
The advisory team members shall be selected from public and private entities that have an
interest in the water resources affected by the groundwater management area. A majority
of the advisory team members shall be public and private entities that currently hold water-use
permits for water appropriations from the affected water resources. The commissioner shall
consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
in appointing the local government representatives to the advisory team. The advisory team
may also include representatives from the University of Minnesota, the Minnesota State
Colleges and Universities, other institutions of higher learning in Minnesota, political
subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
federal agencies.
new text begin
(d) Before designating a groundwater management area, the commissioner must provide
estimates of the economic effect of any new restriction or policy on existing and future
groundwater users and local governments in the affected area. Strategies to address economic
impacts must be included in any plan.
new text end
Sec. 66.
Minnesota Statutes 2020, section 103G.287, subdivision 5, is amended to read:
Subd. 5.
Sustainability standard.
new text begin (a) new text end The commissioner may issue water-use permits
for appropriation from groundwater only if the commissioner determines that the groundwater
use is sustainable to supply the needs of future generations and the proposed use will not
harm ecosystems, degrade water, or reduce water levels beyond the reach of public water
supply and private domestic wells constructed according to Minnesota Rules, chapter 4725.
new text begin
(b) For the purposes of this subdivision and subdivision 4, "sustainable" means a change
in hydrologic regime of 20 percent or less relative to the August median stream flow.
new text end
Sec. 67.
Minnesota Statutes 2020, section 103G.289, is amended to read:
103G.289 WELL INTERFERENCE; deleted text begin WELL SEALINGdeleted text end new text begin VALIDATION;
CONTESTED CASEnew text end .
new text begin (a) new text end The commissioner shall not validate a new text begin claim for new text end well interference deleted text begin claimdeleted text end if the affected
well has been sealed prior to the completion of the commissioner's investigation of the
complaint. If the well is sealed prior to completion of the investigation, the commissioner
must dismiss the complaint.
new text begin
(b) When validating a claim for well interference, the commissioner must take into
account the condition of the affected well.
new text end
new text begin
(c) Within 30 days after the commissioner's decision on a claim for well interference, a
party ordered by the commissioner to contribute to an affected well owner may petition for
a contested case hearing under sections 14.57 to 14.62. The commissioner must grant the
petitioner a contested case hearing on the commissioner's decision.
new text end
Sec. 68.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Advanced recycling. new text end
new text begin
"Advanced recycling" means a manufacturing process
for converting post-use polymers and recovered feedstocks into basic hydrocarbon raw
materials, feedstocks, chemicals, liquid fuels, and other products like waxes and lubricants
through processes that include pyrolysis, gasification, depolymerization, catalytic cracking,
reforming, hydrogenation, solvolysis, and other similar technologies. The recycled products
produced at advanced recycling facilities include but are not limited to monomers, oligomers,
plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha,
liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons.
Advanced recycling is not processing, treatment, resource recovery, incineration, or waste
management.
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. 69.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Advanced recycling facility. new text end
new text begin
"Advanced recycling facility" means a facility
that receives, stores, and converts post-use polymers and recovered feedstocks it receives
using advanced recycling. An advanced recycling facility is a manufacturing facility subject
to applicable agency manufacturing regulations for air, water, waste, and land use. An
advanced recycling facility is not a solid waste facility, waste facility, or resource recovery
facility.
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. 70.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 7b. new text end
new text begin Depolymerization. new text end
new text begin
"Depolymerization" means a manufacturing process where
post-use polymers are broken into smaller molecules such as monomers and oligomers or
raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished
chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and
other basic hydrocarbons.
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. 71.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 10b. new text end
new text begin Gasification. new text end
new text begin
"Gasification" means a manufacturing process through which
recovered feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient
atmosphere and the mixture is converted into valuable raw materials and intermediate and
final products, including but not limited to plastic monomers, chemicals, waxes, lubricants,
chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blend stocks, home
heating oil, and other fuels including ethanol and transportation fuel, that are returned to
economic utility in the form of raw materials, products, or fuels.
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. 72.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 24c. new text end
new text begin Post-use polymers. new text end
new text begin
"Post-use polymers" means plastic that:
new text end
new text begin
(1) is derived from any industrial, commercial, agricultural, or domestic activities;
new text end
new text begin
(2) is not mixed with solid waste or hazardous waste on site or during processing at the
advanced recycling facility;
new text end
new text begin
(3) is used or intended to be used as a feedstock for manufacturing crude oil, fuels,
feedstocks, blend stocks, raw materials, or other intermediate products or final products
using advanced recycling;
new text end
new text begin
(4) has been sorted from solid waste and other regulated waste but may contain residual
amounts of solid waste such as organic material and incidental contaminants or impurities
such as paper labels and metal rings; and
new text end
new text begin
(5) is processed at an advanced recycling facility or held at an advanced recycling facility
before processing.
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. 73.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 24d. new text end
new text begin Pyrolysis. new text end
new text begin
"Pyrolysis" means a manufacturing process through which post-use
polymers are heated in an oxygen-deficient atmosphere until melted and thermally
decomposed and then cooled, condensed, and converted into valuable raw materials and
intermediate and final products, including but not limited to plastic monomers, chemicals,
waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blend
stocks, home heating oil, and other fuels including ethanol and transportation fuel, that are
returned to economic utility in the form of raw materials, products, or fuels.
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. 74.
Minnesota Statutes 2020, section 115A.03, subdivision 25, is amended to read:
Subd. 25.
Processing.
"Processing" means the treatment of waste after collection and
before disposal. Processing includes but is not limited to reduction, storage, separation,
exchange, resource recovery, physical, chemical, or biological modification, and transfer
from one waste facility to another.new text begin Processing does not include advanced recycling.
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. 75.
Minnesota Statutes 2020, section 115A.03, subdivision 25d, is amended to read:
Subd. 25d.
Refuse-derived fuel.
"Refuse-derived fuel" means a product resulting from
the processing of mixed municipal solid waste in a manner that reduces the quantity of
noncombustible material present in the waste, reduces the size of waste components through
shredding or other mechanical means, and produces a fuel suitable for combustion in existing
or new solid fuel-fired boilers.new text begin Fuels produced using advanced recycling are not
refuse-derived fuels.
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. 76.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 25e. new text end
new text begin Recovered feedstock. new text end
new text begin
"Recovered feedstock" means one or more of the
following materials that has been processed so that it may be used as feedstock in an advanced
recycling facility:
new text end
new text begin
(1) post-use polymers; and
new text end
new text begin
(2) materials for which the United States Environmental Protection Agency has made
a nonwaste determination under Code of Federal Regulations, title 40, section 241.3(c), or
has otherwise determined are feedstocks and not solid waste.
new text end
new text begin
Recovered feedstock does not include unprocessed municipal solid waste. Recovered
feedstock is not mixed with solid waste or hazardous waste on site or during processing at
an advanced recycling facility.
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. 77.
Minnesota Statutes 2020, section 115A.03, subdivision 27, is amended to read:
Subd. 27.
Resource recovery.
"Resource recovery" means the reclamation for sale, use,
or reuse of materials, substances, energy, or other products contained within or derived from
waste.new text begin Resource recovery does not include advanced recycling.
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. 78.
Minnesota Statutes 2020, section 115A.03, subdivision 28, is amended to read:
Subd. 28.
Resource recovery facility.
"Resource recovery facility" means a waste
facility established and used primarily for resource recovery, including related and
appurtenant facilities such as transmission facilities and transfer stations primarily serving
the resource recovery facility.new text begin An advanced recycling facility is not a resource recovery
facility.
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. 79.
Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:
new text begin Subd. 32e. new text end
new text begin Solvolysis. new text end
new text begin
"Solvolysis" means a manufacturing process through which
post-use polymers are reacted with the aid of solvents while heated at low temperatures or
pressurized, or both, to make useful products while allowing additives and contaminants to
be separated. The products of solvolysis include but are not limited to monomers,
intermediates, and valuable raw materials. The process includes but is not limited to
hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis.
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. 80.
Minnesota Statutes 2020, section 115A.03, subdivision 34, is amended to read:
Subd. 34.
Waste.
"Waste" means solid waste, sewage sludge, and hazardous waste.new text begin
Waste does not include post-use polymers or recovered feedstocks.
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. 81.
Minnesota Statutes 2020, section 115A.03, subdivision 35, is amended to read:
Subd. 35.
Waste facility.
"Waste facility" means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or
useful for the processing or disposal of waste, except property for the collection of the waste
and property used primarily for the manufacture of scrap metal or paper. Waste facility
includes but is not limited to transfer stations, processing facilities, and disposal sites and
facilities.new text begin An advanced recycling facility is not a waste facility.
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. 82.
Minnesota Statutes 2020, section 115A.03, subdivision 36, is amended to read:
Subd. 36.
Waste management.
"Waste management" means activities which are intended
to affect or control the generation of waste and activities which provide for or control the
collection, processing and disposal of waste.new text begin Waste management does not include advanced
recycling.
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. 83.
new text begin
[115A.143] MATTRESS RECYCLING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end
new text begin
(b) "Brand" means a name, symbol, word, or mark that attributes a mattress to the
producer of the mattress.
new text end
new text begin
(c) "Covered entity" means a political subdivision of the state, mattress retailer, permitted
transfer station, waste-to-energy facility, health care facility, educational facility, military
base, or commercial or nonprofit lodging establishment that possesses a discarded mattress
that was used and discarded in this state. Covered entity does not include a renovator,
refurbisher, or person that only transports a discarded mattress.
new text end
new text begin
(d) "Discarded mattress" means a mattress that a consumer discarded, intends to discard,
or abandoned in the state, but does not include a mattress that cannot be safely recycled
because it is contaminated by putrescible solid waste or is substantially soiled, is infested
with bedbugs, or poses a risk to worker health or equipment, which mattress should be
disposed of through the existing solid waste system.
new text end
new text begin
(e) "Energy recovery" means the process by which all or a portion of solid waste materials
are processed or combusted to use the heat content or other forms of energy derived from
the solid waste materials.
new text end
new text begin
(f) "Foundation" means any ticking-covered structure that is used to support a mattress
and that is composed of one or more of the following: a constructed frame, foam, or a box
spring, whether stationary, adjustable, or foldable. Foundation does not include any bed
frame or base made of wood, metal, or other material that rests upon the floor and that serves
as a brace for a mattress.
new text end
new text begin
(g) "Mattress" means any resilient material or combination of materials that is enclosed
by ticking, used alone or in combination with other products, and that is intended or promoted
for sleeping upon. Mattress includes any foundation and any used or renovated mattress.
Mattress does not include any mattress pad; mattress topper; sleeping bag; pillow; car bed;
carriage; basket; dressing table; stroller; playpen; infant carrier; lounge pad; crib or bassinet
mattress; crib bumper; liquid or gaseous filled ticking, including any water bed and any air
mattress that does not contain upholstery material between the ticking and the mattress core;
or upholstered furniture, including a sleeper sofa.
new text end
new text begin
(h) "Mattress core" means the principal support system that is present in a mattress,
including but not limited to springs, foam, air bladder, water bladder, or resilient filling.
new text end
new text begin
(i) "Mattress recycling council" or "council" means the nonprofit organization created
by producers or created by any trade association that represents producers who account for
a majority of mattress production in the United States to design, submit, and implement the
mattress stewardship program described in subdivision 2.
new text end
new text begin
(j) "Mattress stewardship fee" means the amount added to the purchase price of a mattress
sold to a consumer or to an ultimate end user in this state that is necessary to cover the cost
of collecting, transporting, and processing discarded mattresses by the council according
to the mattress stewardship program.
new text end
new text begin
(k) "Mattress stewardship program" or "program" means the statewide program described
in subdivision 2 and implemented according to the mattress stewardship plan developed
under subdivision 2.
new text end
new text begin
(l) "Mattress topper" means an item that contains resilient filling, with or without ticking,
that is intended to be used with or on top of a mattress.
new text end
new text begin
(m) "Performance goal" means a metric proposed by the council to annually measure
the performance of the mattress stewardship program, taking into consideration technical
and economic feasibilities, in achieving continuous, meaningful improvement in the rate
of mattress recycling in the state and any other specified goal of the program.
new text end
new text begin
(n) "Producer" means a person who manufactures or renovates a mattress that is sold,
offered for sale, or distributed in the state under the producer's own name or brand. Producer
includes:
new text end
new text begin
(1) the owner of a trademark or brand under which a mattress is sold, offered for sale,
or distributed in this state, whether or not the trademark or brand is registered in this state;
and
new text end
new text begin
(2) a person who imports a mattress into the United States that is sold or offered for sale
in this state and that is manufactured or renovated by a person who does not have a presence
in the United States.
new text end
new text begin
(o) "Recycling" means a process in which discarded mattresses, components, and
by-products may lose their original identity or form as they are transformed into new, usable,
or marketable materials. Recycling does not include using destructive incineration.
new text end
new text begin
(p) "Renovate" or "renovation" means altering a mattress for resale, including any one
or a combination of the following: replacing the ticking or filling, adding additional filling,
or replacing components with new or recycled materials. Renovate or renovation does not
include:
new text end
new text begin
(1) stripping a mattress of its ticking or filling without adding new material;
new text end
new text begin
(2) sanitizing or sterilizing a mattress without otherwise altering the mattress; or
new text end
new text begin
(3) a renovator altering a mattress for a person who retains the altered mattress for
personal use, in accordance with chapter 325F.
new text end
new text begin
(q) "Renovator" means a person who renovates discarded mattresses to resell the
mattresses to consumers.
new text end
new text begin
(r) "Retailer" means a person who sells mattresses to a consumer or to an ultimate end
user in this state or offers mattresses to a consumer in this state.
new text end
new text begin
(s) "Sale" means transfer of title of a mattress for consideration to a consumer or an
ultimate end user in the state, including but not limited to by means of a sales outlet, catalog,
website, or similar electronic means.
new text end
new text begin
(t) "Sanitizing" means directly applying chemicals to a mattress to kill human
disease-causing pathogens.
new text end
new text begin
(u) "Sterilizing" means mitigating deleterious substances or organisms, including human
disease-causing pathogens, fungi, and insects, from a mattress or filling material using a
chemical or heat process.
new text end
new text begin
(v) "Ticking" means the outermost layer of fabric or material of a mattress. Ticking does
not include any layer of fabric or material quilted together with, or otherwise attached to,
the outermost layer of fabric or material of a mattress.
new text end
new text begin
(w) "Upholstery material" means all material, loose or attached, between the ticking and
the core of a mattress.
new text end
new text begin Subd. 2. new text end
new text begin Mattress recycling council; required plan. new text end
new text begin
(a) Within 180 days after the
effective date of this section, each producer or the producer's designee must join the mattress
recycling council. Within 180 days after the effective date of this section, the council must
submit a plan for approval by the commissioner to establish a statewide mattress stewardship
program, as described in this paragraph. Retailers may participate in the council. The mattress
stewardship program must, to the extent technologically feasible and economically practical:
new text end
new text begin
(1) provide for free, convenient, and accessible statewide opportunities for receiving
discarded mattresses from any person in the state with a discarded mattress that was used
and discarded in the state, including but not limited to participating covered entities that
accumulate and segregate a minimum of 100 discarded mattresses for collection at one time;
new text end
new text begin
(2) provide for free collection of discarded mattresses from transfer stations that
accumulate and segregate fewer than 50 mattresses, provided the transfer stations require
the collection due to space or permit requirements;
new text end
new text begin
(3) provide for council-financed end-of-life management for discarded mattresses
collected according to clauses (1) and (2);
new text end
new text begin
(4) provide suitable storage containers at or make other mutually agreeable storage and
transport arrangements for permitted transfer stations for segregated, discarded mattresses,
at no cost to the municipality, provided the transfer station makes space available for the
purpose and imposes no fee for placement of the storage container on the transfer station's
premises;
new text end
new text begin
(5) provide that the council will conduct research as needed related to improving used
mattress collection, dismantling, and recycling operations, including pilot programs to test
new processes, methods, or equipment on a local, regional, or otherwise limited basis; and
new text end
new text begin
(6) include a mattress stewardship fee that is sufficient to cover the costs of operating
and administering the program.
new text end
new text begin
(b) The plan submitted according to paragraph (a) must:
new text end
new text begin
(1) identify each producer participating in the program;
new text end
new text begin
(2) describe the fee structure for the program;
new text end
new text begin
(3) establish performance goals for the first two years of the program;
new text end
new text begin
(4) identify proposed facilities to be used by the program;
new text end
new text begin
(5) set convenience goals and a timeline for implementing and achieving convenient
access to the program;
new text end
new text begin
(6) detail how the program will promote recycling discarded mattresses consistent with
the state's solid waste management hierarchy; and
new text end
new text begin
(7) include a description of public education regarding the program.
new text end
new text begin
(c) The council must set the amount of the mattress stewardship fee that is added to the
purchase price of a mattress at the point of sale. The council must establish and implement
a fee structure that covers but does not exceed the costs of developing the plan described
in paragraph (b), operating and administering the program described in paragraph (a), and
maintaining a financial reserve sufficient to operate the program over multiple years in a
fiscally prudent and responsible manner. The council must set the fee as a flat rate and not
as a percentage of the purchase price. The council must maintain all records relating to the
program for not less than three years.
new text end
new text begin
(d) Under the program, recycling is preferred over any other disposal method for
mattresses, to the extent that recycling is technologically feasible and economically practical.
new text end
new text begin
(e) The commissioner must approve the plan for establishing the mattress stewardship
program if the plan meets the requirements of paragraphs (a) to (d). No later than 90 days
after the council submits the plan according to this section, the commissioner must make a
determination whether to approve the plan. Before making the determination, the
commissioner must post the plan on the agency's website and solicit public comments on
the plan. If the commissioner disapproves the plan because the plan does not meet the
requirements of paragraphs (a) to (d), the commissioner must describe the reasons for the
disapproval in a notice of determination that the commissioner provides to the council. The
council must revise and resubmit the plan to the commissioner no later than 45 days after
receiving notice of the commissioner's disapproval. No later than 45 days after receiving
the revised plan, the commissioner must review and approve or disapprove the revised plan
and provide a notice of determination to the council. The council may resubmit a revised
plan to the commissioner for approval no more than twice. If the council fails to submit a
plan that is acceptable to the commissioner because it does not meet the requirements of
paragraphs (a) to (d), the commissioner must modify a submitted plan to make it conform
to the requirements of paragraphs (a) to (d) and approve it. No later than 180 days after
approval of a plan according to this paragraph, the council must implement the mattress
stewardship program. Regardless of when the program begins, the program's fiscal year
begins January 1.
new text end
new text begin
(f) The council must submit any proposed substantial change to the program to the
commissioner for approval. If the commissioner does not disapprove a proposed substantial
change within 90 days of receiving notice of the proposed substantial change, the proposed
substantial change is deemed approved. For purposes of this paragraph, "substantial change"
means:
new text end
new text begin
(1) a change in the processing facilities to be used for discarded mattresses collected
under the program; or
new text end
new text begin
(2) a material change to the system for collecting mattresses.
new text end
new text begin
(g) Within 90 days after the end of the program's second fiscal year, the council must
submit updated performance goals to the commissioner that are based on the experience of
the program during the first two years of the program.
new text end
new text begin
(h) The council must notify the commissioner of other material changes to the program
on an ongoing basis, without resubmitting the plan to the commissioner for approval. Material
changes include but are not limited to a change in the composition, officers, or contact
information of the council.
new text end
new text begin
(i) Within 90 days after the end of the program's second fiscal year and every two years
thereafter, the council must propose a mattress stewardship fee for all mattresses sold in
this state. The council may propose a change to the mattress stewardship fee more frequently
than once every two years if the council determines the change is needed to avoid funding
shortfalls or excesses for the mattress stewardship program. Any proposed mattress
stewardship fee must be reviewed by an auditor to ensure that the assessment does not
exceed the cost to fund the mattress stewardship program described in paragraph (a) and to
maintain financial reserves sufficient to operate the program over multiple years in a fiscally
prudent and responsible manner. Not later than 60 days after the council proposes a mattress
stewardship fee, the auditor must render an opinion to the commissioner as to whether the
proposed mattress stewardship fee is reasonable to achieve the goals set forth in this section.
If the auditor concludes that the mattress stewardship fee is reasonable, then the proposed
fee goes into effect. If the auditor concludes that the mattress stewardship fee is not
reasonable, the auditor must provide the council with written notice explaining the auditor's
opinion. No later than 60 days after the council receives the auditor's opinion, the council
may either propose a new mattress stewardship fee or provide written comments on the
auditor's opinion. If the auditor concludes that the fee is not reasonable, the commissioner
must decide, based on the auditor's opinion and any comments provided by the council,
whether to approve the proposed mattress stewardship fee. The council must select the
auditor. The cost of any work performed by the auditor under this paragraph and paragraph
(k) must be paid by the mattress stewardship fee.
new text end
new text begin
(j) Not later than October 15 each year, the council must submit an annual report to the
commissioner for the most recently completed fiscal year. The commissioner must post the
annual report on the agency's website. The report must include:
new text end
new text begin
(1) the tonnage of mattresses collected under the program from:
new text end
new text begin
(i) transfer stations;
new text end
new text begin
(ii) retailers; and
new text end
new text begin
(iii) all other covered entities;
new text end
new text begin
(2) the tonnage of mattresses diverted for recycling;
new text end
new text begin
(3) the weight of mattress materials recycled, as indicated by the weight of each of the
commodities sold to secondary markets;
new text end
new text begin
(4) the weight of mattress materials sent for disposal at:
new text end
new text begin
(i) waste-to-energy facilities;
new text end
new text begin
(ii) landfills; and
new text end
new text begin
(iii) any other facilities;
new text end
new text begin
(5) a summary of the public education that supports the program;
new text end
new text begin
(6) an evaluation of the effectiveness of methods and processes used to achieve
performance goals of the program; and
new text end
new text begin
(7) recommendations for any changes to the program.
new text end
new text begin
(k) Two years after the program is implemented according to paragraph (e) and every
three years thereafter or upon the request of the commissioner, but not more frequently than
once a year, the council must cause an audit of the program to be conducted by an auditor
as described in paragraph (i). The audit must review the accuracy of the council's data
concerning the program and provide any other information requested by the commissioner,
consistent with the requirements of this section, provided the request does not require the
disclosure of proprietary information or trade or business secrets. The council must pay for
the audit. The council must maintain all records relating to the program for at least three
years.
new text end
new text begin Subd. 3. new text end
new text begin Charging fee; producer participation. new text end
new text begin
Upon implementation of the mattress
stewardship program, each manufacturer, renovator, retailer, or distributor that sells a
mattress to a consumer or to an ultimate end user in the state must add the mattress
stewardship fee to the purchase price for the mattress and must remit the fee collected to
the council. In each transaction, the fee must appear on the invoice and must be accompanied
by a brief description of the fee. The council must determine the rules and procedures
necessary to implement collection of the fee in a fair, efficient, and lawful manner. Any
producer who fails to participate in the program must not sell mattresses in this state.
new text end
new text begin Subd. 4. new text end
new text begin Receipt of discarded mattresses. new text end
new text begin
Upon implementation of the mattress
stewardship program according to subdivision 2, paragraph (e), a covered entity that
participates in the program must not charge for the receipt of discarded mattresses that are
discarded in this state, except that covered entities may charge a fee for providing the service
of collecting mattresses and may restrict the acceptance of mattresses by number, source,
or physical condition.
new text end
Sec. 84.
Minnesota Statutes 2020, section 116.06, subdivision 22, is amended to read:
Subd. 22.
Solid waste.
"Solid waste" means garbage, refuse, sludge from a water supply
treatment plant or air contaminant treatment facility, and other discarded waste materials
and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial,
commercial, mining, and agricultural operationsdeleted text begin ,deleted text end and from community activities, but does
not includenew text begin :
new text end
new text begin (1)new text end hazardous waste;
new text begin (2)new text end animal waste used as fertilizer;
new text begin (3)new text end earthen fill, boulders,new text begin ornew text end rock;
new text begin (4)new text end concrete diamond grinding and saw slurry associated with the construction,
improvement, or repair of a road when deposited on the road project site in a manner that
is in compliance with best management practices and rules of the agency;
new text begin (5)new text end sewage sludge;
new text begin (6)new text end solid or dissolved material in domestic sewage or other common pollutants in water
resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or
discharges deleted text begin whichdeleted text end new text begin thatnew text end are point sources subject to permits under section 402 of the Federal
Water Pollution Control Act, as amended,new text begin ornew text end dissolved materials in irrigation return flows;
deleted text begin or
deleted text end
new text begin (7)new text end source, special nuclear, or by-product material as defined by the Atomic Energy Act
of 1954, as amendeddeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(8) post-use polymers or recovered feedstocks converted at an advanced recycling facility
or held at an advanced recycling facility before being converted.
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. 85.
Minnesota Statutes 2020, section 116.07, subdivision 2, is amended to read:
Subd. 2.
Adopting standards.
(a) The Pollution Control Agency shall improve air
quality by promoting, in the most practicable way possible, the use of energy sources and
waste disposal methods which produce or emit the least air contaminants consistent with
the agency's overall goal of reducing all forms of pollution. The agency shall also adopt
standards of air quality, new text begin notnew text end including maximum allowable standards of emission of air
contaminants from motor vehicles, recognizing that due to variable factors, no single standard
of purity of air is applicable to all areas of the state. In adopting standards the Pollution
Control Agency shall give due recognition to the fact that the quantity or characteristics of
air contaminants or the duration of their presence in the atmosphere, which may cause air
pollution in one area of the state, may cause less or not cause any air pollution in another
area of the state, and it shall take into consideration in this connection such factors, including
others which it may deem proper, as existing physical conditions, zoning classifications,
topography, prevailing wind directions and velocities, and the fact that a standard of air
quality which may be proper as to an essentially residential area of the state, may not be
proper as to a highly developed industrial area of the state. Such standards of air quality
shall be premised upon scientific knowledge of causes as well as effects based on technically
substantiated criteria and commonly accepted practices. No local government unit shall set
standards of air quality which are more stringent than those set by the Pollution Control
Agency.
(b) The Pollution Control Agency shall promote solid waste disposal control by
encouraging the updating of collection systems, elimination of open dumps, and
improvements in incinerator practices. The agency shall also adopt standards for the control
of the collection, transportation, storage, processing, and disposal of solid waste and sewage
sludge for the prevention and abatement of water, air, and land pollution, recognizing that
due to variable factors, no single standard of control is applicable to all areas of the state.
In adopting standards, the Pollution Control Agency shall give due recognition to the fact
that elements of control which may be reasonable and proper in densely populated areas of
the state may be unreasonable and improper in sparsely populated or remote areas of the
state, and it shall take into consideration in this connection such factors, including others
which it may deem proper, as existing physical conditions, topography, soils and geology,
climate, transportation, and land use. Such standards of control shall be premised on technical
criteria and commonly accepted practices.
(c) The Pollution Control Agency shall also adopt standards describing the maximum
levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
recognizing that due to variable factors no single standard of sound pressure is applicable
to all areas of the state. Such standards shall give due consideration to such factors as the
intensity of noises, the types of noises, the frequency with which noises recur, the time
period for which noises continue, the times of day during which noises occur, and such
other factors as could affect the extent to which noises may be injurious to human health
or welfare, animal or plant life, or property, or could interfere unreasonably with the
enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
give due recognition to the fact that the quantity or characteristics of noise or the duration
of its presence in the outdoor atmosphere, which may cause noise pollution in one area of
the state, may cause less or not cause any noise pollution in another area of the state, and
it shall take into consideration in this connection such factors, including others which it
may deem proper, as existing physical conditions, zoning classifications, topography,
meteorological conditions and the fact that a standard which may be proper in an essentially
residential area of the state, may not be proper as to a highly developed industrial area of
the state. Such noise standards shall be premised upon scientific knowledge as well as effects
based on technically substantiated criteria and commonly accepted practices. No local
governing unit shall set standards describing the maximum levels of sound pressure which
are more stringent than those set by the Pollution Control Agency.
(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
waste and for the management, identification, labeling, classification, storage, collection,
transportation, processing, and disposal of hazardous waste, recognizing that due to variable
factors, a single standard of hazardous waste control may not be applicable to all areas of
the state. In adopting standards, the Pollution Control Agency shall recognize that elements
of control which may be reasonable and proper in densely populated areas of the state may
be unreasonable and improper in sparsely populated or remote areas of the state. The agency
shall consider existing physical conditions, topography, soils, and geology, climate,
transportation and land use. Standards of hazardous waste control shall be premised on
technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
may be issued for a term not to exceed five years. No local government unit shall set
standards of hazardous waste control which are in conflict or inconsistent with those set by
the Pollution Control Agency.
(e) A person who generates less than 100 kilograms of hazardous waste per month is
exempt from the following agency hazardous waste rules:
(1) rules relating to transportation, manifesting, storage, and labeling for photographic
fixer and x-ray negative wastes that are hazardous solely because of silver content; and
(2) any rule requiring the generator to send to the agency or commissioner a copy of
each manifest for the transportation of hazardous waste for off-site treatment, storage, or
disposal, except that counties within the metropolitan area may require generators to provide
manifests.
Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government
may not adopt management requirements that are more restrictive than this paragraph.
(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
solid waste, or hazardous waste under this chapter, or standards for water quality under
chapter 115, the statement of need and reasonableness must include:
(1) an assessment of any differences between the proposed rule and:
(i) existing federal standards adopted under the Clean Air Act, United States Code, title
42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a)
and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title
42, section 6921(b)(1);
(ii) similar standards in states bordering Minnesota; and
(iii) similar standards in states within the Environmental Protection Agency Region 5;
and
(2) a specific analysis of the need and reasonableness of each difference.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 86.
Minnesota Statutes 2020, section 116.07, subdivision 7, is amended to read:
Subd. 7.
Counties; processing applications for animal lot permits.
(a) Any Minnesota
county board may, by resolution, with approval of the Pollution Control Agency, assume
responsibility for processing applications for permits required by the Pollution Control
Agency under this section for livestock feedlots, poultry lots or other animal lots. The
responsibility for permit application processing, if assumed by a county, may be delegated
by the county board to any appropriate county officer or employee.
(b) For the purposes of this subdivision, the term "processing" includes:
(1) the distribution to applicants of forms provided by the Pollution Control Agency;
(2) the receipt and examination of completed application forms, and the certification,
in writing, to the Pollution Control Agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable rules and standards, or, if the
facility will not comply, the respects in which a variance would be required for the issuance
of a permit; and
(3) rendering to applicants, upon request, assistance necessary for the proper completion
of an application.
(c) For the purposes of this subdivision, the term "processing" may include, at the option
of the county board, issuing, denying, modifying, imposing conditions upon, or revoking
permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject
to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control
Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse
the issuance of the permit. After this period, the action of the county board is final, subject
to appeal as provided in chapter 14. For permit applications filed after October 1, 2001,
section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this
subdivision.
(d) For the purpose of administration of rules adopted under this subdivision, the
commissioner and the agency may provide exceptions for cases where the owner of a feedlot
has specific written plans to close the feedlot within five years. These exceptions include
waiving requirements for major capital improvements.
(e) For purposes of this subdivision, a discharge caused by an extraordinary natural event
such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado,
or flood in excess of the 100-year flood is not a "direct discharge of pollutants."
(f) In adopting and enforcing rules under this subdivision, the commissioner shall
cooperate closely with other governmental agencies.
(g) The Pollution Control Agency shall work with the Minnesota Extension Service, the
Department of Agriculture, the Board of Water and Soil Resources, producer groups, local
units of government, as well as with appropriate federal agencies such as the Natural
Resources Conservation Service and the Farm Service Agency, to notify and educate
producers of rules under this subdivision at the time the rules are being developed and
adopted and at least every two years thereafter.
(h) The Pollution Control Agency shall adopt rules governing the issuance and denial
of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section.
Pastures are exempt from the rules authorized under this paragraph. deleted text begin No feedlot permit shall
include any terms or conditions that impose any requirements related to any pastures owned
or utilized by the feedlot operator other than restrictions under a manure management plan.deleted text end
A feedlot permit is not required for livestock feedlots with more than ten but less than 50
animal units; provided they are not in shoreland areas. A livestock feedlot permit does not
become required solely because of a change in the ownership of the buildings, grounds, or
feedlot. These rules apply both to permits issued by counties and to permits issued by the
Pollution Control Agency directly.new text begin No feedlot permit issued by the Pollution Control Agency
shall include terms or conditions that:
new text end
new text begin
(1) impose requirements related to pastures owned or used by the feedlot operator other
than restrictions under a manure management plan;
new text end
new text begin
(2) prohibit application of solid manure during February and March;
new text end
new text begin
(3) require establishing a cover crop as a condition of allowing application of manure
in September; or
new text end
new text begin
(4) require implementing nitrogen best management practices as a condition of allowing
application of manure in October.
new text end
(i) The Pollution Control Agency shall exercise supervising authority with respect to
the processing of animal lot permit applications by a county.
(j) Any new rules or amendments to existing rules proposed under the authority granted
in this subdivision, or to implement new fees on animal feedlots, must be submitted to the
members of legislative policy and finance committees with jurisdiction over agriculture and
the environment prior to final adoption. The rules must not become effective until 90 days
after the proposed rules are submitted to the members.
(k) Until new rules are adopted that provide for plans for manure storage structures, any
plans for a liquid manure storage structure must be prepared or approved by a registered
professional engineer or a United States Department of Agriculture, Natural Resources
Conservation Service employee.
(l) A county may adopt by ordinance standards for animal feedlots that are more stringent
than standards in Pollution Control Agency rules.
(m) After January 1, 2001, a county that has not accepted delegation of the feedlot permit
program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot
facility with 300 or more animal units, unless another public meeting has been held with
regard to the feedlot facility to be permitted.
(n) After the proposed rules published in the State Register, volume 24, number 25, are
finally adopted, the agency may not impose additional conditions as a part of a feedlot
permit, unless specifically required by law or agreed to by the feedlot operator.
(o) For the purposes of feedlot permitting, a discharge from land-applied manure or a
manure stockpile that is managed according to agency rule must not be subject to a fine for
a discharge violation.
(p) For the purposes of feedlot permitting, manure that is land applied, or a manure
stockpile that is managed according to agency rule, must not be considered a discharge into
waters of the state, unless the discharge is to waters of the state, as defined by section
103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005,
subdivision 17b, and does not meet discharge standards established for feedlots under agency
rule.
(q) Unless the upgrade is needed to correct an immediate public health threat under
section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal
feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on
April 15, 2003, the agency may not require a feedlot operator:
(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal
units unless cost-share money is available to the feedlot operator for 75 percent of the cost
of the upgrade; or
(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and
500 animal units, unless cost-share money is available to the feedlot operator for 75 percent
of the cost of the upgrade or $50,000, whichever is less.
(r) A feedlot operator who stores and applies up to 100,000 gallons per calendar year of
private truck wash wastewater resulting from trucks that transport animals or supplies to
and from the feedlot does not require a permit to land-apply industrial by-products if the
feedlot operator stores and applies the wastewater in accordance with Pollution Control
Agency requirements for land applications of industrial by-product that do not require a
permit.
(s) A feedlot operator who holds a permit from the Pollution Control Agency to
land-apply industrial by-products from a private truck wash is not required to have a certified
land applicator apply the private truck wash wastewater if the wastewater is applied by the
feedlot operator to cropland owned or leased by the feedlot operator or by a commercial
animal waste technician licensed by the commissioner of agriculture under chapter 18C.
For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing
facility owned or leased, operated, and used only by a feedlot operator to wash trucks owned
or leased by the feedlot operator and used to transport animals or supplies to and from the
feedlot.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from February 1, 2021.
new text end
Sec. 87.
Minnesota Statutes 2020, section 116G.07, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Exemption; Mississippi River Corridor Critical Area. new text end
new text begin
Plans and regulations
of local units of government within the Mississippi River Corridor Critical Area are exempt
from subdivisions 1 to 3 and are subject to section 116G.15, subdivision 8.
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. 88.
Minnesota Statutes 2020, section 116G.15, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Reviewing and approving local plans and regulations. new text end
new text begin
(a) In the Mississippi
River Corridor Critical Area, the commissioner of natural resources is responsible for
carrying out the duties of the board and the Metropolitan Council is responsible for carrying
out the duties of the regional development commission under sections 116G.07 to 116G.10.
Notwithstanding sections 116G.07, subdivisions 2 and 3, and 116G.10, subdivision 3, the
responsibilities and procedures for reviewing and approving local plans and regulations in
the Mississippi River Corridor Critical Area, and amendments thereto, are subject to this
subdivision.
new text end
new text begin
(b) Within 60 days of receiving a draft plan from a local unit of government, the
commissioner, in coordination with the Metropolitan Council, must review the plan to
determine the plan's consistency with:
new text end
new text begin
(1) this section;
new text end
new text begin
(2) Minnesota Rules, chapter 6106; and
new text end
new text begin
(3) the local unit of government's comprehensive plan.
new text end
new text begin
(c) Within 60 days of receiving draft regulations from a local unit of government, the
commissioner must review the regulations to determine the regulations' consistency with:
new text end
new text begin
(1) Minnesota Rules, chapter 6106; and
new text end
new text begin
(2) the commissioner-approved plan adopted by the local unit of government under
paragraph (b).
new text end
new text begin
(d) Upon review of a draft plan and regulations under paragraphs (b) and (c), the
commissioner must:
new text end
new text begin
(1) conditionally approve the draft plan and regulations by written decision; or
new text end
new text begin
(2) return the draft plan and regulations to the local unit of government for modification,
along with a written explanation of the need for modification.
new text end
new text begin
(i) When the commissioner returns a draft plan and regulations to the local unit of
government for modification, the local unit of government must revise the draft plan and
regulations within 60 days after receiving the commissioner's written explanation and must
resubmit the revised draft plan and regulations to the commissioner.
new text end
new text begin
(ii) The Metropolitan Council and the commissioner must review the revised draft plan
and regulations upon receipt from the local unit of government as provided under paragraphs
(b) and (c).
new text end
new text begin
(iii) If the local unit of government or the Metropolitan Council requests a meeting, a
final revision need not be made until a meeting is held with the commissioner on the draft
plan and regulations. The request extends the 60-day time limit specified in item (i) until
after the meeting is held.
new text end
new text begin
(e) Only plans and regulations receiving final approval from the commissioner have the
force and effect of law. The commissioner must grant final approval under this section only
if:
new text end
new text begin
(1) the plan is an element of a comprehensive plan that is authorized by the Metropolitan
Council according to sections 473.175 and 473.858; and
new text end
new text begin
(2) the local unit of government adopts a plan and regulations that are consistent with
the draft plan and regulations conditionally approved under paragraph (d).
new text end
new text begin
(f) The local unit of government must implement and enforce the commissioner-approved
plan and regulations after the plan and regulations take effect.
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. 89.
Minnesota Statutes 2020, section 127A.353, subdivision 4, is amended to read:
Subd. 4.
Duties; powers.
(a) The school trust lands director shall:
(1) take an oath of office before assuming any duties as the director;
(2) evaluate the school trust land asset position;
(3) determine the estimated current and potential market value of school trust lands;
(4) advise the governor, Executive Council, commissioner of natural resources, and the
Legislative Permanent School Fund Commission on the management of school trust lands,
including:
(i) Department of Natural Resources school trust land management plans;
(ii) leases of school trust lands;
(iii) royalty agreements on school trust lands;
(iv) land sales and exchanges;
(v) cost certification; and
(vi) revenue generating options;
(5) propose to the Legislative Permanent School Fund Commission legislative changes
that will improve the asset allocation of the school trust lands;
(6) develop a ten-year strategic plan and a 25-year framework for management of school
trust lands, in conjunction with the commissioner of natural resources, that is updated every
five years and implemented by the commissioner, with goals to:
(i) retain core real estate assets;
(ii) increase the value of the real estate assets and the cash flow from those assets;
(iii) rebalance the portfolio in assets with high performance potential and the strategic
disposal of selected assets;
(iv) establish priorities for management actions; deleted text begin and
deleted text end
(v) balance revenue enhancement and resource stewardship;new text begin and
new text end
new text begin
(vi) advance strategies on school trust lands to capitalize on ecosystem services markets;
new text end
(7) submit to the Legislative Permanent School Fund Commission for review an annual
budget and management plan for the director; and
(8) keep the beneficiaries, governor, legislature, and the public informed about the work
of the director by reporting to the Legislative Permanent School Fund Commission in a
public meeting at least once during each calendar quarter.
(b) In carrying out the duties under paragraph (a), the school trust lands director shall
have the authority to:
(1) direct and control money appropriated to the director;
(2) establish job descriptions and employ up to five employees in the unclassified service,
within the limitations of money appropriated to the director;
(3) enter into interdepartmental agreements with any other state agency;
(4) enter into joint powers agreements under chapter 471;
(5) evaluate and initiate real estate development projects on school trust lands with the
advice of the Legislative Permanent School Fund Commission in order to generate long-term
economic return to the permanent school fund;
(6) serve as temporary trustee of school trust land for school trust lands subject to
proposed or active eminent domain proceedings; and
(7) submit recommendations on strategies for school trust land leases, sales, or exchanges
to the commissioner of natural resources and the Legislative Permanent School Fund
Commission.
Sec. 90.
Minnesota Statutes 2020, section 282.08, is amended to read:
282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.
The net proceeds from the sale or rental of any parcel of forfeited land, or from the sale
of products from the forfeited land, must be apportioned by the county auditor to the taxing
districts interested in the land, as follows:
(1) the portion required to pay any amounts included in the appraised value under section
282.01, subdivision 3, as representing increased value due to any public improvement made
after forfeiture of the parcel to the state, but not exceeding the amount certified by the
appropriate governmental authority must be apportioned to the governmental subdivision
entitled to it;
(2) the portion required to pay any amount included in the appraised value under section
282.019, subdivision 5, representing increased value due to response actions taken after
forfeiture of the parcel to the state, but not exceeding the amount of expenses certified by
the Pollution Control Agency or the commissioner of agriculture, must be apportioned to
the agency or the commissioner of agriculture and deposited in the fund from which the
expenses were paid;
(3) the portion of the remainder required to discharge any special assessment chargeable
against the parcel for drainage or other purpose whether due or deferred at the time of
forfeiture, must be apportioned to the governmental subdivision entitled to it; and
(4) any balance must be apportioned as follows:
(i) The county board may annually by resolution set aside no more than 30 percent of
the receipts remaining to be used for forest development on tax-forfeited land and dedicated
memorial forests, to be expended under the supervision of the county board. It must be
expended only on projects improving the health and management of the forest resource.
(ii) The county board may annually by resolution set aside no more than 20 percent of
the receipts remaining to be used for the acquisition and maintenance of county parks or
recreational areas as defined in sections 398.31 to 398.36, to be expended under the
supervision of the county board.
(iii) new text begin The county board may by resolution set aside up to 100 percent of the receipts
remaining to be used:
new text end
new text begin
(A) according to section 282.09, subdivision 2;
new text end
new text begin
(B) for remediating contamination at tax-forfeited properties; or
new text end
new text begin
(C) for correcting blighted conditions at tax-forfeited properties.
new text end
new text begin
An election made under this item is effective for a minimum of five years, unless the county
board specifies a shorter duration.
new text end
new text begin (iv) new text end Any balance remaining must be apportioned as follows: county, 40 percent; town
or city, 20 percent; and school district, 40 percent, provided, however, that in unorganized
territory that portion which would have accrued to the township must be administered by
the county board of commissioners.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 91.
Laws 2016, chapter 154, section 16, is amended to read:
Sec. 16. EXCHANGE OF STATE LAND; AITKIN, BELTRAMI, AND
KOOCHICHING COUNTIES.
(a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342,
subdivision 3, and subject to the valuation restrictions described in paragraph (c), 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
remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the
state-owned land leased for farming wild rice described in paragraph (b).
(b) The state land that may be exchanged is held under the following state leases for
farming of wild rice:
(1) Lease LAGR001305, covering 175.1 acres in Aitkin County;
(2) Lease LMIS010040, covering 107.1 acres in Beltrami County;
(3) Lease LMIS010096, covering 137.4 acres in Beltrami County; and
(4) Lease LAGR001295, covering 264.40 acres in Koochiching County.
(c) For the appraisal of the land, no improvements paid for by the lessee shall be included
in the estimate of market value.
(d) Additional adjoining state lands may be added to the exchanges if mutually agreed
upon by the commissioner and the exchange partner to avoid leaving unmanageable parcels
of land in state ownership after an exchange or to meet county zoning standards or other
regulatory needs for the wild rice farming operations.
(e) The state land administered by the commissioner of natural resources in Koochiching
County borders the Lost River. The lands to be exchanged are not required to provide at
least equal opportunity for access to waters by the public, but the lands must be at least
equal in value and have the potential to generate revenue for the school trust lands.
new text begin
(f) Notwithstanding Minnesota Statutes, section 94.343, subdivision 8a, lessees must
pay to the commissioner all costs, as determined by the commissioner, that are associated
with each exchange transaction, including valuation expenses; legal fees; survey expenses;
costs of title work, advertising, and public hearings; transactional staff costs; and closing
costs.
new text end
Sec. 92.
Laws 2016, chapter 154, section 48, is amended to read:
Sec. 48. EXCHANGE OF STATE LAND; ST. LOUIS COUNTY.
new text begin Subdivision 1. new text end
new text begin Exchange of land. new text end
(a) Notwithstanding the riparian restrictions in
Minnesota Statutes, section 94.342, subdivision 3, 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 remaining provisions of Minnesota
Statutes, sections 94.342 to 94.347, exchange the riparian land described in paragraph (b).
(b) The state land that may be exchanged is located in St. Louis County and is described
as: Government Lot 5, Section 35, Township 64 North, Range 12 West.
(c) The state land administered by the commissioner of natural resources borders Low
Lake. The land to be exchanged is forest land that includes areas bordering the Whiteface
River. While the land does not provide at least equal opportunity for access to waters by
the public, the land to be acquired by the commissioner in the exchange will improve access
to adjacent state forest lands.
new text begin Subd. 2. new text end
new text begin Gifts of land. new text end
new text begin
Notwithstanding Minnesota Statutes, section 94.342 or 94.343,
or any other law to the contrary, the Land Exchange Board may consider a gift of land from
the exchange partner pursuant to Minnesota Statutes, section 84.085, subdivision 1, paragraph
(d), in addition to land proposed for exchange with the state land referenced in subdivision
1, paragraph (b), in determining whether the proposal is in the best interests of the school
trust.
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. 93.
Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 9, is
amended to read:
Subd. 9.Environmental Quality Board
|
1,774,000 |
1,274,000 |
||||
| Appropriations by Fund |
||
| 2020 |
2021 |
|
| General |
1,081,000 |
1,081,000 |
| Environmental |
393,000 |
193,000 |
| Remediation |
300,000 |
-0- |
(a) $200,000 the first year is from the
environmental fund to begin to develop and
assemble the material required under Code of
Federal Regulations, title 40, section 233.10,
to have the state of Minnesota assume the
section 404 permitting program of the Federal
Clean Water Act. The Board may execute
contracts or interagency agreements to
facilitate developing the required agreements
and materials. By February 1, deleted text begin 2021deleted text end new text begin 2022new text end , the
board must submit a report on the additional
funding necessary to secure section 404
assumption and the additional funding needed
to fully implement the state-assumed program
to the chairs and ranking minority members
of the legislative committees and divisions
with jurisdiction over the environment and
natural resources. This is a onetime
appropriationnew text begin and is available until June 30,
2022new text end .
(b) $300,000 the first year is from the
remediation fund to conduct a study of the
potential to deploy solar photovoltaic devices
on closed landfill program sites. This is a
onetime appropriation. By December 1, 2020,
the board, in consultation with the Pollution
Control Agency and the commissioners of
administration, commerce, and management
and budget, must provide to the chairs and
ranking minority members of the legislative
committees and divisions with jurisdiction
over environment and natural resources policy
and finance and energy policy and finance a
report on the use of properties in the state's
closed landfill program for solar energy
production. The report must include:
(1) identification and assessment of properties
in the closed landfill program with the highest
potential for solar energy production;
(2) identification of potential barriers to solar
energy production and potential ways to
address those barriers; and
(3) policy recommendations that would
facilitate solar energy production on closed
landfill program sites in a manner that would
contribute to state and local government
sustainability goals.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 31, 2021.
new text end
Sec. 94.
Laws 2019, First Special Session chapter 4, article 3, section 109, as amended
by Laws 2020, chapter 83, article 1, section 100, is amended to read:
Sec. 109. APPLYING STORM WATER RULES TO new text begin CITIES AND new text end TOWNSHIPS.
Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part
7090.1010, subpart 1, item B, subitem (1), applies only to the portions of a citydeleted text begin , a town,
and unorganized areas of countiesdeleted text end new text begin or townshipnew text end that are designated as urbanized under Code
of Federal Regulations, title 40, section 122.26 (a)(9)(i)(A), and other platted areas within
deleted text begin that jurisdictiondeleted text end new text begin those jurisdictionsnew text end .
Sec. 95. new text begin ADDITIONS TO STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 18.] new text end
new text begin
Fort Snelling State Park, Dakota County. The
following areas are added to Fort Snelling State Park, Dakota County:
new text end
new text begin
(1) that part of Section 28, Township 28 North, Range 23 West, Dakota County,
Minnesota, bounded by the Dakota County line along the Minnesota River and the following
described lines:
new text end
new text begin
Beginning at the intersection of the south line of Lot 18 of Auditor's Subdivision Number
29 of Mendota, according to the plat on file in the Office of the Dakota County Recorder,
with the westerly right-of-way line of the existing Sibley Memorial Highway; thence
northerly along said westerly right-of-way line to the north line of said Lot 18; thence
westerly along the north line of said Lot 18 to the easterly right-of-way line of the
Chicago and Northwestern Railroad; thence northerly and northeasterly along said
easterly right-of-way to the east line of said Section 28;
new text end
new text begin
(2) that part of Section 33, Township 28 North, Range 23 West, Dakota County,
Minnesota, lying westerly of the easterly right-of-way of the Chicago and Northwestern
Railroad;
new text end
new text begin
(3) that part of Government Lot 6 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway
and North of the South 752 feet of said Government Lot 6;
new text end
new text begin
(4) the North 152 feet of the South 752 feet of that part of Government Lot 6 of Section
33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the
easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly
right-of-way of Sibley Memorial Highway;
new text end
new text begin
(5) the North 270 feet of the South 600 feet of that part of Government Lot 6 lying
between the westerly right-of-way of Sibley Memorial Highway and the easterly right-of-way
of the Chicago and Northwestern Railroad in Section 33, Township 28 North, Range 23
West, Dakota County, Minnesota;
new text end
new text begin
(6) that part of the South 20 rods of Government Lot 6 of Section 33, Township 28
North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way
of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley
Memorial Highway, excepting therefrom that part described as follows:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 6; thence North 89 degrees
56 minutes 54 seconds West assumed bearing along the south line of said Government
Lot 6 a distance of 260.31 feet to the point of beginning of the property to be described;
thence continue North 89 degrees 56 minutes 54 seconds West a distance of 71.17 feet;
thence northwesterly a distance of 37.25 feet along a nontangential curve concave to
the East having a radius of 4,098.00 feet and a central angle of 00 degrees 31 minutes
15 seconds the chord of said curve bears North 23 degrees 31 minutes 27 seconds West;
thence northerly a distance of 127.39 feet along a compound curve concave to the East
having a radius of 2,005.98 feet and a central angle of 03 degrees 38 minutes 19 seconds;
thence North 70 degrees 22 minutes 29 seconds East not tangent to said curve a distance
of 65.00 feet; thence southerly a distance of 123.26 feet along a nontangential curve
concave to the East having a radius of 1,940.98 feet and a central angle of 03 degrees
38 minutes 19 seconds the chord of said curve bears South 21 degrees 26 minutes 40
seconds East; thence southerly a distance of 65.42 feet to the point of beginning along
a compound curve concave to the East having a radius of 4,033.00 feet and a central
angle of 00 degrees 55 minutes 46 seconds;
new text end
new text begin
(7) that part of Government Lot 5 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway,
excepting therefrom that part described as follows:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 5; thence North 89 degrees
56 minutes 18 seconds West assumed bearing along the south line of said Government
Lot 5 a distance of 70.48 feet to the point of beginning of the property to be described;
thence continue North 89 degrees 56 minutes 18 seconds West along said south line of
Government Lot 5 a distance of 40.01 feet; thence North 01 degree 30 minutes 25 seconds
East a distance of 6.08 feet; thence northerly a distance of 185.58 feet along a tangential
curve concave to the West having a radius of 4,427.00 feet and a central angle of 02
degrees 24 minutes 07 seconds; thence South 89 degrees 06 minutes 18 seconds West
not tangent to said curve a distance of 25.00 feet; thence North 00 degrees 53 minutes
42 seconds West a distance of 539.13 feet; thence northerly a distance of 103.77 feet
along a tangential curve concave to the West having a radius of 1,524.65 feet and a
central angle of 03 degrees 53 minutes 59 seconds; thence northerly a distance of 159.33
feet along a compound curve concave to the West having a radius of 522.45 feet and a
central angle of 17 degrees 28 minutes 23 seconds; thence northwesterly a distance of
86.78 feet along a tangential curve concave to the West having a radius of 1,240.87 feet
and a central angle of 04 degrees 00 minutes 25 seconds; thence North 26 degrees 16
minutes 30 seconds West tangent to said curve a distance of 92.39 feet; thence
northwesterly a distance of 178.12 feet along a tangential curve concave to the East
having a radius of 4,098.00 feet and a central angle of 02 degrees 29 minutes 25 seconds
to a point on the north line of said Government Lot 5 which is 331.48 feet from the
northeast corner thereof as measured along said north line; thence South 89 degrees 56
minutes 54 seconds East along said north line of Government Lot 5 a distance of 71.17
feet; thence southeasterly a distance of 146.53 feet along a nontangential curve concave
to the East having a radius of 4,033.00 feet and a central angle of 02 degrees 04 minutes
54 seconds the chord of said curve bears South 25 degrees 14 minutes 03 seconds East;
thence South 26 degrees 16 minutes 30 seconds East tangent to said curve a distance of
92.39 feet; thence southerly a distance of 91.33 feet along a tangential curve concave
to the West having a radius of 1,305.87 feet and a central angle of 04 degrees 00 minutes
25 seconds; thence southerly a distance of 179.15 feet along a tangential curve concave
to the West having a radius of 587.45 feet and a central angle of 17 degrees 28 minutes
23 seconds; thence southerly a distance of 108.20 feet along a compound curve concave
to the West having a radius of 1,589.65 feet and a central angle of 03 degrees 53 minutes
59 seconds; thence South 00 degrees 53 minutes 42 seconds East tangent to said curve
a distance of 539.13 feet; thence southerly a distance of 187.26 feet along a tangential
curve concave to the West having a radius of 4,467.00 feet and a central angle of 02
degrees 24 minutes 07 seconds; thence South 01 degree 30 minutes 25 seconds West
tangent to said curve a distance of 5.07 feet to the point of beginning; and
new text end
new text begin
(8) that part of Government Lot 4 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and northerly of the following described line:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 4; thence North 89 degrees
55 minutes 42 seconds West assumed bearing along the south line of said Government
Lot 4 a distance of 312.44 feet to corner B205, MNDOT Right-of-Way Plat No. 19-93,
according to the recorded map thereof; thence continue North 89 degrees 55 minutes 42
seconds West along said south line of Government Lot 4 a distance of 318.00 feet to the
easterly right-of-way of Chicago and Northwestern Railroad; thence northerly along
said railroad right-of-way a distance of 387.97 feet along a nontangential curve concave
to the West having a radius of 2,963.54 feet and a central angle of 07 degrees 30 minutes
03 seconds, the chord of said curve bears North 00 degrees 42 minutes 41 seconds East;
thence North 03 degrees 02 minutes 21 seconds West tangent to said curve along said
railroad right-of-way a distance of 619.45 feet to the point of beginning of the line to
be described; thence North 89 degrees 35 minutes 27 seconds East a distance of 417.92
feet; thence North 18 degrees 18 minutes 58 seconds East a distance of 317.52 feet to a
point on the north line of said Government Lot 4 which is 135.00 feet from the northeast
corner thereof as measured along said north line and there terminating.
new text end
new text begin Subd. 2. new text end
new text begin [85.012] [Subd. 38A.] new text end
new text begin
new text begin Lake Vermilion-Soudan Underground Mine State
Park, St. Louis County. new text end The following areas are added to Lake Vermilion-Soudan
Underground Mine State Park, St. Louis County, and are designated as the Granelda Unit:
new text end
new text begin
(1) Lot 3 of Section 28 and Lot 5 of Section 29 in Township 63 North of Range 17, all
West of the 4th Principal Meridian, according to the United States Government Survey
thereof;
new text end
new text begin
(2) the Northeast Quarter of the Southwest Quarter, the Northwest Quarter, the Southeast
Quarter of the Northeast Quarter, the Northeast Quarter of the Northeast Quarter, and Lots
numbered 1, 2, 3, and 4 of Section 29 in Township 63 North of Range 17, all West of the
4th Principal Meridian, according to the United States Government survey thereof;
new text end
new text begin
(3) Lots 1 and 2 of Section 32 in Township 63 North of Range 17, all West of the 4th
Principal Meridian, according to the United States Government Survey thereof; and
new text end
new text begin
(4) Lot 4 of Section 23 in Township 63 North of Range 18, all West of the 4th Principal
Meridian, according to the United States Government Survey thereof.
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. 96. new text begin ADDITION TO STATE RECREATION AREA.
new text end
new text begin
[85.013] [Subd. 12a.] Iron Range Off-Highway Vehicle Recreation Area, St. Louis
County. The following area is added to Iron Range Off-Highway Vehicle Recreation Area,
St. Louis County: that part of the South Half of the Northwest Quarter of Section 15,
Township 58 North, Range 17 West, St. Louis County, Minnesota, lying northerly of the
following described line:
new text end
new text begin
Commencing at the West quarter corner of said Section 15; thence North 01 degree 24
minutes 27 seconds West, bearing assumed, along the west line of said South Half of
the Northwest Quarter a distance of 1,034.09 feet to a 3/4-inch rebar with plastic cap
stamped "MN DNR LS 44974" (DM) and the point of beginning; thence South 62 degrees
44 minutes 07 seconds East 405.24 feet to a DM; thence South 82 degrees 05 minutes
24 seconds East 314.95 feet to a DM; thence South 86 degrees 18 minutes 01 second
East 269.23 feet to a DM; thence North 81 degrees 41 minutes 24 seconds East 243.61
feet to a DM; thence North 71 degrees 48 minutes 05 seconds East 478.17 feet to a DM;
thence North 60 degrees 53 minutes 38 seconds East 257.32 feet to a DM; thence South
09 degrees 16 minutes 07 seconds East 179.09 feet to a DM; thence South 49 degrees
16 minutes 00 seconds East 127.27 feet to a DM; thence South 50 degrees 16 minutes
11 seconds East 187.13 feet to a DM; thence South 67 degrees 11 minutes 35 seconds
East 189.33 feet to a DM; thence South 67 degrees 13 minutes 16 seconds East 209.43
feet to a DM; thence South 80 degrees 39 minutes 19 seconds East 167.59 feet to a DM
on the east line of said South Half of the Northwest Quarter, and there terminating.
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. 97. new text begin DELETIONS FROM STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 18.] new text end
new text begin
Fort Snelling State Park, Dakota County. The
following areas are deleted from Fort Snelling State Park, Dakota County:
new text end
new text begin
(1) all of Section 33, Township 28 North, Range 23 West of the 4th Principal Meridian
lying westerly of the westerly right-of-way line of the existing Minnesota Trunk Highway
No. 13, excepting the right-of-way owned by the Chicago and Northwestern railway
company; and
new text end
new text begin
(2) all of Section 28, Township 28 North, Range 23 West of the 4th Principal Meridian
bounded by the Dakota County line along the Minnesota River and the following described
lines: Beginning at the south line of said Section 28 at its intersection with the westerly
right-of-way line of the existing Minnesota Trunk Highway No. 13; thence northerly along
the said westerly right-of-way line of existing Minnesota Trunk Highway No. 13 to the
southerly right-of-way line of existing Minnesota Trunk Highway Nos. 55 and 100; thence
along the existing southerly right-of-way line of Minnesota Trunk Highway Nos. 55 and
100 to the westerly right-of-way line owned by the Chicago and Northwestern railway
company; thence northeasterly along the said westerly right-of-way line of the Chicago and
Northwestern railway to the east line of said Section 28, excepting therefrom the right-of-way
owned by the Chicago and Northwestern railway company.
new text end
new text begin Subd. 2. new text end
new text begin [85.012] [Subd. 43.] new text end
new text begin
new text begin Minneopa State Park, Blue Earth County. new text end The following
area is deleted from Minneopa State Park, Blue Earth County: a tract of land located in the
Northwest Quarter of the Northwest Quarter of Section 21, Township 108 North, Range 27
West of the Fifth Principal Meridian, Blue Earth County, Minnesota, more particularly
described as follows:
new text end
new text begin
Commencing at the northwest corner of said Section 21; thence on an assumed bearing
of South 01 degree 31 minutes 27 seconds East, along the west line of the Northwest
Quarter of the Northwest Quarter of said Section 21, a distance of 545.00 feet, to the
south line of the North 545.00 feet of the Northwest Quarter of the Northwest Quarter
of said Section 21, also being the south line of Minneopa Cemetery and the point of
beginning of the tract to be herein described; thence North 88 degrees 22 minutes 26
seconds East, along said south line of Minneopa Cemetery, a distance of 228.95 feet;
thence southwesterly 58.5 feet, more or less, to the intersection of the west line of Block
188 and the northerly line of the railroad right-of-way, said point of intersection being
31.90 feet distant, measured at right angles from the south line of said Minneopa
Cemetery; thence continue southwesterly along said railroad right-of-way 187 feet, more
or less, to a point on the west line of the Northwest Quarter of the Northwest Quarter of
said Section 21; thence North 01 degree 31 minutes 27 seconds West, along said west
line to the point of beginning.
new text end
new text begin Subd. 3. new text end
new text begin [85.012] [Subd. 60.] new text end
new text begin
William O'Brien State Park, Washington County. The
following areas are deleted from William O'Brien State Park, Washington County:
new text end
new text begin
(1) those parts of Section 25, Township 32 North, Range 20 West, Washington County,
Minnesota, described as follows:
new text end
new text begin
The West two rods of the Southwest Quarter of the Northeast Quarter, the West two
rods of the North two rods of the Northwest Quarter of the Southeast Quarter, and the
East two rods of the Southeast Quarter of the Northwest Quarter; and
new text end
new text begin
(2) the East two rods over and across the Northeast Quarter of the Northwest Quarter,
excepting therefrom the North 200 feet of said Northeast Quarter of the Northwest Quarter.
Also, the West 2 rods of the Northwest Quarter of the Northeast Quarter, excepting therefrom
the North 266 feet of said Northwest Quarter of the Northeast Quarter. Also, the South 66
feet of the North 266 feet of that part of said Northwest Quarter of the Northeast Quarter
lying southwesterly of the existing public road known as 199th Street North.
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. 98. new text begin PRIVATE SALE OF SURPLUS STATE LAND; CASS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, 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 commissioner 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 Cass County and is described as: the westerly
20.00 feet of the West Half of the Northeast Quarter, Section 16, Township 139 North,
Range 30 West, Cass County, Minnesota. The Grantor, its employees and agents only,
reserves a perpetual easement for ingress and egress over and across the above described
land.
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 was returned to private ownership.
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. 99. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE OF THE WOODS
COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, 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 commissioner 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 Lake of the Woods County and is described
as: a strip of land lying in Government Lot 3, Section 5, Township 163 North, Range 34
West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota; said strip of
land being 33.00 feet in width lying 16.50 feet on each side of the following described
centerline:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 3; thence North 00 degrees
09 minutes 28 seconds West, assumed bearing, along the east line of said Government
Lot 3, a distance of 690 feet, more or less, to the south line of that particular tract of land
deeded to the State of Minnesota according to Document No. 75286, on file and of record
in the Office of the Recorder, Lake of the Woods County, Minnesota; thence South 89
degrees 50 minutes 32 seconds West, along said south line of that particular tract of
land, a distance of 200.00 feet; thence South 00 degrees 09 minutes 28 seconds East,
parallel with the east line of said Government Lot 3, a distance of 40.00 feet; thence
South 89 degrees 50 minutes 32 seconds West, a distance of 16.50 feet to the point of
beginning of the centerline to be herein described; thence South 00 degrees 09 minutes
28 seconds East, parallel with the east line of said Government Lot 3, a distance of 650.5
feet, more or less, to the south line of said Government Lot 3 and said centerline there
terminating.
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 was returned to private ownership.
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. 100. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may convey the surplus land that is described in paragraph (c) to a local
unit of government for no consideration.
new text end
new text begin
(b) The commissioner 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 St. Louis County and is described as: that part
of the Southwest Quarter of the Northwest Quarter of Section 27, Township 52 North, Range
17 West, St. Louis County, Minnesota, described as follows:
new text end
new text begin
Commencing at the quarter corner between Sections 27 and 28 of said Township 52
North, Range 17 West; thence running East 624 feet; thence North 629 feet to the point
of beginning; thence North 418 feet; thence East 208 feet; thence South 418 feet; thence
West 208 feet to the point of beginning.
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 a local unit of government.
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. 101. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; 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 lands
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 lands to be sold are located in St. Louis County and are described as:
new text end
new text begin
(1) Lot 5, Block 9, including part of vacated Seafield Street adjacent, Bristol Beach 1st
Division, Duluth (parcel 010-0300-01030); and
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new text begin
(2) that part of the Southeast Quarter of the Northwest Quarter, Township 58, Range
15, Section 5, lying northerly of the northerly right-of-way line of the town of White road
running in an east-west direction connecting County Road No. 138 with State Highway No.
135 and lying westerly of the following described line: commencing at the northeast corner
of Government Lot 3; thence South 89 degrees 46 minutes 22 seconds West along the north
line of Government Lot 3 558.28 feet; thence South 27 degrees 50 minutes 01 second West
102.75 feet; thence South 41 degrees 51 minutes 46 seconds West 452.29 feet; thence South
28 degrees 19 minutes 22 seconds West 422.74 feet; thence South 30 degrees 55 minutes
42 seconds West 133.79 feet; thence southwesterly 210.75 feet along a tangential curve
concave to the southeast having a radius of 300 feet and a central angle of 40 degrees 15
minutes 00 seconds; thence South 09 degrees 19 minutes 19 seconds East tangent to said
curve 100.30 feet, more or less, to the north line of said Southeast Quarter of the Northwest
Quarter; thence North 89 degrees 09 minutes 31 seconds East along said north line 40.44
feet to the point of beginning of the line; thence South 09 degrees 19 minutes 19 seconds
East 148 feet, more or less, to said right-of-way line and said line there terminating. Surface
only (parcel 570-0021-00112).
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new text begin
(d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
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. 102. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WADENA 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 commissioner 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 Wadena County and is described as: the
Northeast Quarter of the Southwest Quarter of Section 26, Township 136 North, Range 34
West, Wadena County, Minnesota, except that part described as follows:
new text end
new text begin
Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter;
thence West 10 rods; thence South 8 rods; thence East 10 rods; thence North 8 rods to
the point of beginning and there terminating.
new text end
new text begin
(d) The land borders the Redeye River. 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 returned to private ownership.
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. 103. new text begin RIVERLANDS STATE FOREST; BOUNDARIES.
new text end
new text begin
[89.021] [Subd. 42a.] Riverlands State Forest. The following areas are designated as
the Riverlands State Forest:
new text end
new text begin
(1) those parts of Carlton County in Township 49 North, Range 16 West, described as
follows:
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new text begin
(i) Government Lots 4, 5, and 6, the westerly 50 feet of Government Lot 3, the easterly
50 feet of Government Lot 8, and Government Lot 7 except that part conveyed to the State
of Minnesota for highway right-of-way, Section 30;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 and all of Government Lot
14 except the North 890 feet of the West 765 feet and except the railroad right-of-way,
Section 31; and
new text end
new text begin
(iii) the South Half of the Northwest Quarter and the Southwest Quarter of Section 32;
new text end
new text begin
(2) those parts of St. Louis County in Township 50 North, Range 17 West, described as
follows:
new text end
new text begin
(i) Government Lots 1, 2, 3, and 6 and the Southeast Quarter of the Northwest Quarter
of Section 7;
new text end
new text begin
(ii) Government Lots 1, 2, and 3, that part of the Northeast Quarter of the Northeast
Quarter lying south of Township Road 5703, the Northwest Quarter of the Northwest
Quarter, the Northeast Quarter of the Southeast Quarter, the Southwest Quarter of the
Southeast Quarter, the Southeast Quarter of the Northeast Quarter, the Northwest Quarter
of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter, Section 15;
new text end
new text begin
(iii) Government Lots 1, 2, 3, and 4, Section 16;
new text end
new text begin
(iv) Government Lots 1, 2, 3, and 4, Section 17;
new text end
new text begin
(v) Government Lots 1 and 2, Section 18;
new text end
new text begin
(vi) Government Lots 3, 7, 8, and 9, Section 22;
new text end
new text begin
(vii) that part of the Southwest Quarter of the Southwest Quarter lying within 50 feet of
the St. Louis River in Section 23;
new text end
new text begin
(viii) Government Lots 11 and 12 and that part of Government Lot 6 lying South of the
North 700 feet, except the railroad right-of-way, Section 26; and
new text end
new text begin
(ix) Government Lot 3 in Section 27;
new text end
new text begin
(3) those parts of St. Louis County in Township 50 North, Range 18 West, described as
follows:
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new text begin
(i) Government Lots 2, 3, 4, 7, 9, and 10, the Southwest Quarter of the Northeast Quarter,
the Southeast Quarter of the Northwest Quarter, the Northwest Quarter of the Southeast
Quarter, the Northeast Quarter of the Southwest Quarter, reserving a 66-foot-wide access
easement across Government Lot 2 for access to Grantor's property in Section 31, Township
51 North, Range 17 West, and that part of Government Lot 6, Section 1, and Government
Lot 6, Section 2, described as follows:
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new text begin
Commencing at an iron pin at the centerline curve point of Trunk Highway No. 2, being
the Minnesota Department of Transportation Station No. 2637 + 00, said point bears
North 76 degrees 18 minutes 00 seconds West, assumed bearing 762.00 feet from the
point of intersection of the tangent of said Trunk Highway No. 2, being an
aluminum-capped monument on the cap of which are stamped the figures "2644 62.0"
and the letters "PI," "Minn Highway Dept. Monument," thence South 13 degrees 42
minutes 00 seconds West 100.00 feet along the prolongation of the radial line from said
curve point, to the southerly right-of-way line of said Trunk Highway No. 2, the point
of beginning of the tract to be herein described; thence easterly 622.50 feet along said
southerly right-of-way line, along a nontangential curve, concave to the North, having
a radius of 5,830.00 feet, a central angle of 6 degrees 07 minutes 04 seconds, and the
chord of said curve bears South 79 degrees 21 minutes 32 seconds East; thence South
26 degrees 25 minutes 57 seconds West 284.19 feet; thence South 88 degrees 07 minutes
14 seconds West 769 feet, more or less, to the shore of the St. Louis River; thence
northerly along said shore to its intersection with a line that bears North 76 degrees 18
minutes 00 seconds West from the point of beginning; thence South 76 degrees 18
minutes 00 seconds East 274 feet, more or less, to the point of beginning, Section 1; and
new text end
new text begin
(ii) Government Lot 1, Section 12;
new text end
new text begin
(4) those parts of St. Louis County in Township 51 North, Range 17 West, described as
follows:
new text end
new text begin
(i) Government Lots 3, 4, 5, 6, and 8, Section 3;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 and the Northwest Quarter of the
Northeast Quarter, Southeast Quarter of the Northwest Quarter, and East Half of the Southeast
Quarter, Section 9;
new text end
new text begin
(iii) Government Lots 1, 2, 5, and 8 and the Southwest Quarter of the Southeast Quarter,
Section 16;
new text end
new text begin
(iv) Government Lots 2, 3, 4, 5, 6, 7, 8, and 9 and the Southeast Quarter of the Southeast
Quarter of the Northwest Quarter of the Northwest Quarter, Section 20;
new text end
new text begin
(v) Government Lot 1 and the Southwest Quarter of the Southwest Quarter, Section 29;
new text end
new text begin
(vi) Government Lots 4, 5, 6, 7, 8, 9, 10, 11, and 12 and the Northeast Quarter of
Southwest Quarter, Section 30; and
new text end
new text begin
(vii) Government Lots 1, 2, 3, 4, 5, and 6, Section 31;
new text end
new text begin
(5) those parts of St. Louis County in Township 51 North, Range 18 West, described as
follows:
new text end
new text begin
(i) Government Lots 1 and 2, Section 27;
new text end
new text begin
(ii) Government Lot 1, Section 28, except railroad right-of-way;
new text end
new text begin
(iii) Government Lots 2, 3, and 4, Section 28;
new text end
new text begin
(iv) Government Lots 3 and 4, Section 29;
new text end
new text begin
(v) Government Lots 2, 3, and 4, Section 30;
new text end
new text begin
(vi) Government Lots 3 and 4, Section 35; and
new text end
new text begin
(vii) Government Lots 1, 2, 3, 4, 5, 6, 7, and 8 and the Northeast Quarter of the Northwest
Quarter, Northeast Quarter of the Southeast Quarter, Southeast Quarter of the Southeast
Quarter, and Southwest Quarter of the Southeast Quarter, Section 36, reserving a
66-foot-wide access easement across Government Lots 5 and 6 and the Southwest Quarter
of the Southeast Quarter for access to Grantor's property in Section 31, Township 51 North,
Range 17 West;
new text end
new text begin
(6) those parts of St. Louis County in Township 51 North, Range 19 West, described as
follows:
new text end
new text begin
(i) that part of Government Lots 1, 2, and 3, Section 26, lying North of the St. Louis
River and Government Lot 7, Section 28;
new text end
new text begin
(ii) Government Lot 8, Section 28, lying northerly of G.N. right-of-way and Government
Lot 5, Section 30;
new text end
new text begin
(iii) Government Lots 7 and 10, Section 30, except right-of-way;
new text end
new text begin
(iv) Government Lot 9, Section 30; and
new text end
new text begin
(v) Government Lot 1, Section 31, lying northerly of the northerly railroad right-of-way
line;
new text end
new text begin
(7) those parts of St. Louis County in Township 51 North, Range 20 West, described as
follows:
new text end
new text begin
(i) Government Lot 2, Section 16;
new text end
new text begin
(ii) Government Lot 8, Section 22;
new text end
new text begin
(iii) Government Lot 3, Section 26;
new text end
new text begin
(iv) Government Lots 1, 2, 3, and 4, Section 36; and
new text end
new text begin
(v) Government Lots 6, 7, and 8, Section 36, except railroad right-of-way;
new text end
new text begin
(8) those parts of St. Louis County in Township 52 North, Range 15 West, described as
follows:
new text end
new text begin
(i) Government Lots 3, 4, 5, and 6, Section 16;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 4, 5, 7, and 8, Section 17, and Government Lot 6, Section
17, except the West 330 feet; and
new text end
new text begin
(iii) Government Lots 3, 4, 5, 6, and 7, Section 19;
new text end
new text begin
(9) those parts of St. Louis County in Township 52 North, Range 16 West, described as
follows:
new text end
new text begin
(i) Government Lots 1, 2, 3, 4, and 5 and the Southeast Quarter of the Southeast Quarter,
Northeast Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter,
Section 21;
new text end
new text begin
(ii) Government Lots 2, 3, 4, 5, 6, 7, 8, 9, and 10 and the Northeast Quarter of the
Northwest Quarter and Northwest Quarter of the Northwest Quarter, Section 22;
new text end
new text begin
(iii) Government Lot 3, Section 23;
new text end
new text begin
(iv) Government Lot 2, Section 24;
new text end
new text begin
(v) Government Lots 1, 4, 5, 6, 7, 8, 9, and 10, Section 25;
new text end
new text begin
(vi) Government Lot 1, Section 26;
new text end
new text begin
(vii) Government Lots 2 and 7, Section 26;
new text end
new text begin
(viii) Government Lots 3 and 4, Section 27, reserving unto Grantor and Grantor's
successors and assigns a 66-foot-wide access road easement across said Government Lot 3
for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's
presently owned land that may be sold, assigned, or transferred in Government Lot 1, Section
27, said access road being measured 33 feet from each side of the centerline of that road
that is presently existing at various widths and running in a generally
southwesterly-northeasterly direction;
new text end
new text begin
(ix) Government Lots 1 and 2, Section 28;
new text end
new text begin
(x) Government Lots 1, 2, 3, and 5 and the Northeast Quarter of the Northeast Quarter
and Southwest Quarter of the Northeast Quarter, Section 29;
new text end
new text begin
(xi) Government Lots 1, 2, 3, and 4, Section 31, reserving unto Grantor and Grantor's
successors and assigns a 66-foot-wide access road easement across said Government Lots
1, 2, and 3 for the purpose of access to Grantor's or Grantor's successors or assigns land and
Grantor's presently owned lands that may be sold, assigned, or transferred in Government
Lot 4, Section 29, said access road being measured 33 feet from each side of the centerline
of that road that is presently existing at various widths and running in a generally East-West
direction and any future extensions thereof as may be reasonably necessary to provide the
access contemplated herein;
new text end
new text begin
(xii) Government Lots 5, 7, 8, and 9, Section 31;
new text end
new text begin
(xiii) Government Lots 1 and 2, an undivided two-thirds interest in the Northeast Quarter
of the Northwest Quarter, an undivided two-thirds interest in the Southeast Quarter of the
Northwest Quarter, and an undivided two-thirds interest in the Southwest Quarter of the
Northwest Quarter, Section 32, reserving unto Grantor and Grantor's successors and assigns
an access road easement across the West 66 feet of the North 66 feet of said Government
Lot 1 for the purpose of access to Grantor's or Grantor's successors or assigns land and
Grantor's presently owned land that may be sold, assigned, or transferred in Government
Lot 4, Section 29; and
new text end
new text begin
(xiv) Northeast Quarter of Northeast Quarter, Section 35;
new text end
new text begin
(10) those parts of St. Louis County in Township 52 North, Range 17 West, described
as follows:
new text end
new text begin
(i) the Southwest Quarter of the Southeast Quarter and Southeast Quarter of the Southwest
Quarter, Section 24, reserving unto Grantor and Grantor's successors and assigns a
66-foot-wide access road easement across said Southwest Quarter of the Southeast Quarter
for the purpose of access to Grantor's or Grantor's successors or assigns land and Grantor's
presently owned land that may be sold, assigned, or transferred in Government Lot 4, Section
29, Township 52 North, Range 16 West, said access road being measured 33 feet from each
side of the centerline of that road that is presently existing at various widths and running in
a generally North-South direction;
new text end
new text begin
(ii) Government Lots 2, 3, 4, 5, and 7 and the Southwest Quarter of the Northeast Quarter,
Section 25, reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide
access road easement across said Government Lots 2 and 5 for the purpose of access to
Grantor's or Grantor's successors or assigns land and Grantor's presently owned land that
may be sold, assigned, or transferred in Government Lot 6, Section 25, said access road
being measured 33 feet from each side of the centerline of that road that is presently existing
at various widths and running in a generally northwesterly-southeasterly direction and any
future extensions thereof as may be reasonably necessary to provide the access contemplated
herein;
new text end
new text begin
(iii) Government Lots 2, 4, 5, and 6 and all that part of Government Lot 3 lying East of
U.S. Highway 53, Section 26, reserving unto Grantor and Grantor's successors and assigns
a 66-foot-wide access road easement across said Government Lots 2 and 3 for the purpose
of access to Grantor's or Grantor's successors or assigns land and Grantor's presently owned
land that may be sold, assigned, or transferred in Government Lot 1, Section 26, said access
road being measured 33 feet from each side of the centerline of that road that is presently
existing at various widths and running in a generally southwesterly-northeasterly direction
and reserving unto Grantor and Grantor's successors and assigns a 66-foot-wide access road
easement across said Government Lots 4, 5, and 6 for the purpose of access to Grantor's or
Grantor's successors or assigns land and Grantor's presently owned land that may be sold,
assigned, or transferred in Government Lot 6, Section 25, said access road being measured
33 feet from each side of the centerline of that road that is presently existing at various
widths and running in a generally southwesterly-northeasterly direction and any future
extensions thereof as may be reasonably necessary to provide the access contemplated
herein; and
new text end
new text begin
(iv) Government Lots 1, 2, and 3, Section 36, reserving unto Grantor and Grantor's
successors and assigns an access road easement across the West 66 feet of said Government
Lot 2 for the purpose of access to Grantor's or Grantor's successors or assigns land and
Grantor's presently owned land that may be sold, assigned, or transferred in the Southwest
Quarter of the Northeast Quarter, Section 36;
new text end
new text begin
(11) those parts of St. Louis County in Township 52 North, Range 19 West, described
as follows:
new text end
new text begin
(i) Government Lot 1, Section 16;
new text end
new text begin
(ii) Government Lots 1 and 2, Section 17; and
new text end
new text begin
(iii) Government Lot 1, Section 19;
new text end
new text begin
(12) those parts of St. Louis County in Township 52 North, Range 20 West, described
as follows:
new text end
new text begin
(i) Government Lots 2, 3, and 4, Section 13;
new text end
new text begin
(ii) Government Lot 6, Section 24;
new text end
new text begin
(iii) that part of Government Lot 8, Section 24, described as follows:
new text end
new text begin
Commencing at the West Quarter corner of said Section 24, which is also the northwest
corner of Government Lot 8; thence South 01 degree 36 minutes 01 second East (bearing
assigned) 1,230.11 feet along the west line of Government Lot 8 to the centerline of St.
Louis County Highway 29 and the point of beginning; thence North 46 degrees 59
minutes 59 seconds East along said centerline 445.91 feet; thence South 43 degrees 00
minutes 01 second East 82.57 feet to an iron pipe monument on the westerly bank of
the St. Louis River; thence continuing South 43 degrees 00 minutes 01 second East 30
feet, more or less, to the water's edge of the St. Louis River; thence southwesterly along
said water's edge to the west line of said Government Lot 8; thence North 01 degree 36
minutes 01 second West along the west line of said Government Lot 8 to the point of
beginning;
new text end
new text begin
(iv) Government Lots 3, 4, and 5 and the Southeast Quarter of the Southwest Quarter,
Section 26; and
new text end
new text begin
(v) Government Lots 1, 2, 3, and 4, Section 34;
new text end
new text begin
(13) those parts of St. Louis County in Township 53 North, Range 13 West, described
as follows:
new text end
new text begin
(i) all that part of the Northwest Quarter of the Northwest Quarter lying North and West
of the Little Cloquet River, Section 4;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 4, and 5, the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter,
Northeast Quarter of the Northwest Quarter, Southeast Quarter of the Northwest Quarter,
Northeast Quarter of the Southwest Quarter, and Southwest Quarter of the Northwest Quarter,
Section 5;
new text end
new text begin
(iii) Government Lots 1, 2, and 4 and the Northwest Quarter of the Southeast Quarter,
Southeast Quarter of the Southeast Quarter, Southwest Quarter of the Southeast Quarter,
Southeast Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest Quarter,
Section 6;
new text end
new text begin
(iv) Government Lots 1, 2, 3, 4, 5, 6, and 7 and the Northwest Quarter of the Northeast
Quarter, Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest
Quarter, Southeast Quarter of the Northwest Quarter, Southwest Quarter of the Northwest
Quarter, Southeast Quarter of the Southeast Quarter, and Northeast Quarter of the Southwest
Quarter, Section 7;
new text end
new text begin
(v) Government Lots 1 and 2 and the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northeast Quarter,
Southwest Quarter of the Northeast Quarter, Northeast Quarter of the Southwest Quarter,
Northwest Quarter of the Southwest Quarter, and Southwest Quarter of the Southwest
Quarter, Section 8;
new text end
new text begin
(vi) the Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest
Quarter, Southeast Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest
Quarter, Section 17;
new text end
new text begin
(vii) Government Lots 1 and 4, Section 29;
new text end
new text begin
(viii) Government Lots 1 and 2 and the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southeast Quarter of the Northeast Quarter,
Northeast Quarter of the Northwest Quarter, Northwest Quarter of the Northwest Quarter,
Southeast Quarter of the Northwest Quarter, and Southwest Quarter of the Northwest Quarter,
Section 30; and
new text end
new text begin
(ix) Government Lots 1, 2, 3, and 4, Section 31;
new text end
new text begin
(14) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Section 36, Township 53 North,
Range 14 West, St. Louis County;
new text end
new text begin
(15) those parts of St. Louis County in Township 53 North, Range 18 West, described
as follows:
new text end
new text begin
(i) Government Lots 3, 6, 7, and 8, Section 6; and
new text end
new text begin
(ii) Government Lots 1 and 2, Section 7;
new text end
new text begin
(16) those parts of St. Louis County in Township 53 North, Range 19 West, described
as follows:
new text end
new text begin
(i) all that part of Government Lot 5 lying within 50 feet of the St. Louis River, Section
5, and Government Lots 1, 2, 5, 6, 7, and 8, Section 12;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 5, 8, and 9, Section 13;
new text end
new text begin
(iii) all that portion of Government Lot 1, Section 23, that lies within 50 feet of the East
bank of the Whiteface River at mean stage of water;
new text end
new text begin
(iv) all that portion of Government Lots 2, 4, and 5, Section 23, that lies within 50 feet
of the West bank of the Whiteface River at mean stage of water;
new text end
new text begin
(v) all that part of Government Lot 7, Section 23, lying West of the former DM&IR
railroad right-of-way;
new text end
new text begin
(vi) Government Lots 8 and 10, Section 23;
new text end
new text begin
(vii) all that part of the Northwest Quarter of the Southeast Quarter, Section 23, lying
West of the former DM&IR railroad right-of-way;
new text end
new text begin
(viii) Government Lots 5, 7, and 8, Section 31; and
new text end
new text begin
(ix) Government Lot 5, Section 33;
new text end
new text begin
(17) those parts of St. Louis County in Township 54 North, Range 13 West, described
as follows:
new text end
new text begin
(i) Government Lots 1, 4, 5, 6, and 7, Section 20;
new text end
new text begin
(ii) Government Lots 3, 4, 6, 7, and 8 and the Southeast Quarter of the Southwest Quarter,
Section 21;
new text end
new text begin
(iii) Government Lots 1, 2, 3, 4, 5, and 7, Section 29;
new text end
new text begin
(iv) Government Lots 1, 2, 3, 4, 9, and 10, Section 30; and
new text end
new text begin
(v) Government Lots 5, 6, and 7 and the Northeast Quarter of the Northeast Quarter,
Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast Quarter,
Southeast Quarter of the Northwest Quarter, and Northwest Quarter of the Southeast Quarter,
Section 31;
new text end
new text begin
(18) those parts of St. Louis County in Township 54 North, Range 16 West, described
as follows:
new text end
new text begin
(i) Government Lots 2, 3, and 4 and the Northwest Quarter of the Southwest Quarter,
Southeast Quarter of the Northwest Quarter, Southeast Quarter of the Northeast Quarter,
and Southwest Quarter of the Northeast Quarter, Section 1;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 4, 6, 7, and 8 and the Northwest Quarter of the Southeast
Quarter, Northeast Quarter of the Southeast Quarter, Southwest Quarter of the Southeast
Quarter, Southeast Quarter of the Southeast Quarter, Southeast Quarter of the Southwest
Quarter, and Southeast Quarter of the Northeast Quarter, Section 2;
new text end
new text begin
(iii) all that part of Government Lot 9 lying South of the Whiteface River and West of
County Road 547, also known as Comstock Lake Road, Section 3; and
new text end
new text begin
(iv) Government Lots 3 and 4 and the Southeast Quarter of the Northeast Quarter and
Southwest Quarter of the Northeast Quarter, Section 10;
new text end
new text begin
(19) those parts of St. Louis County in Township 54 North, Range 18 West, described
as follows:
new text end
new text begin
(i) the South Half of the Southwest Quarter, except the railroad right-of-way, Section
15;
new text end
new text begin
(ii) Government Lot 2, except the North 660 feet of the East 990 feet, Section 16;
new text end
new text begin
(iii) Government Lots 1, 3, 4, 5, 6, 7, and 8, Section 16;
new text end
new text begin
(iv) Government Lot 3, Section 20;
new text end
new text begin
(v) Government Lots 1, 2, 3, 4, and 5, Section 21;
new text end
new text begin
(vi) Government Lots 1, 4, 5, and 7, Section 22;
new text end
new text begin
(vii) those parts of Government Lots 2 and 9, except railroad right-of-way, Section 22;
new text end
new text begin
(viii) all that part of Government Lot 6, Section 22, lying West of the Duluth Mesaba
and Northern Railway Company's right-of-way;
new text end
new text begin
(ix) Government Lot 9, Section 22, except the following parcels:
new text end
new text begin
(A) beginning at a point where the south line of company road, called Kelsey Road,
intersects with the west line of the right-of-way of the Duluth, Missabe and Northern Railway
on the Northeast Quarter of the Southeast Quarter, Section 22, Township 54, Range 18;
thence West along the south line of said company road 627 feet; thence South 348 1/3 feet;
thence East 627 feet to the west line of the right-of-way of the Duluth, Missabe and Northern
Railway; thence North on the west line of said right-of-way 348 1/3 feet to commencement;
new text end
new text begin
(B) beginning at the quarter corner between Sections 22 and 23, Township 54, Range
18; thence running North along the section line 114 feet, 6 inches, to the south line of Kelsey
Road; thence northwesterly along the south line of Kelsey Road 348 feet, 8 inches, to the
boundary of the right-of-way of the Duluth, Missabe and Northern Railway, thence South
along the easterly boundary of the right-of-way of the Duluth, Missabe and Northern Railway
274 feet to the quarter line on Section 22; thence easterly along said quarter line 304 feet,
6 inches, to the point of beginning; and
new text end
new text begin
(C) commencing at the southwest corner of Riverside Cemetery as recorded in "P" of
Plats, Page 15; thence easterly along the south line of said cemetery to a point where said
cemetery line intersects the westerly line of Highway No. 7, also known as Mesaba Trunk
Highway; thence southerly along the westerly line of said Highway No. 7 to a point where
said westerly line of said Highway No. 7 intersects the south line of Lot 9, Section 22,
Township 54, Range 18; thence westerly along the southerly line of said Lot 9 to a point
where the southerly line intersects the easterly line of the DM & N Railway Company's
right-of-way; thence northerly along the easterly side of said DM & N Railway Company's
right-of-way to beginning;
new text end
new text begin
(x) Government Lots 2, 3, 4, 5, 6, 7, and 8, Section 29;
new text end
new text begin
(xi) Government Lots 5 and 6, Section 30; and
new text end
new text begin
(xii) Government Lots 3, 4, 5, 6, 9, 10, 11, and 12, Section 31;
new text end
new text begin
(20) those parts of St. Louis County in Township 54 North, Range 19 West, described
as follows:
new text end
new text begin
(i) Government Lots 5, 6, 7, 8, and 9, Section 5;
new text end
new text begin
(ii) Government Lots 1, 2, 3, 4, 5, 6, 7, and 8, Section 8;
new text end
new text begin
(iii) Government Lots 1, 2, 3, 4, 5, 6, 7, and 8, Section 20;
new text end
new text begin
(iv) Government Lots 2 and 3, Section 29;
new text end
new text begin
(v) Government Lot 1, Section 32;
new text end
new text begin
(vi) Government Lot 5, except the South 1,320 feet, Section 32; and
new text end
new text begin
(vii) Government Lot 2, Section 33;
new text end
new text begin
(21) those parts of St. Louis County in Township 55 North, Range 15 West, described
as follows:
new text end
new text begin
(i) Governments Lot 1 and 2, Section 11;
new text end
new text begin
(ii) Government Lot 9, except Highway 4 right-of-way, Section 11;
new text end
new text begin
(iii) Government Lot 10, except Highway 4 right-of-way, Section 11;
new text end
new text begin
(iv) Government Lots 2, 3, 4, 5, 6, and 7, Section 15;
new text end
new text begin
(v) Government Lots 2, 3, 5, 6, 7, and 8 and the Northeast Quarter of Southwest Quarter,
Section 21;
new text end
new text begin
(vi) the Southwest Quarter of the Northeast Quarter, reserving unto Grantor and Grantor's
successors and assigns a 66-foot-wide access easement across said Southwest Quarter of
the Northeast Quarter for the purpose of access to Grantor's or Grantor's successors or
assigns land and Grantor's presently owned land that may be sold, assigned, or transferred
in Government Lot 4, Section 21, Township 55 North, Range 15 West, said access road
being measured 33 feet on each side of the centerline of that road that is presently existing
and known as the Whiteface Truck Trail, Section 21;
new text end
new text begin
(vii) Government Lots 1, 2, and 3, Section 22;
new text end
new text begin
(viii) Government Lots 1 and 2 and the Northeast Quarter of the Northwest Quarter,
Section 28;
new text end
new text begin
(ix) Government Lots 1, 4, 6, 8, and 9 and the Northeast Quarter of the Northeast Quarter,
Northeast Quarter of the Southeast Quarter, and Northwest Quarter of the Southwest Quarter,
Section 29;
new text end
new text begin
(x) Government Lots 3 and 4 and the Northeast Quarter of the Southeast Quarter,
Northeast Quarter of the Southwest Quarter, and Southeast Quarter of the Southwest Quarter,
Section 30;
new text end
new text begin
(xi) Government Lots 2, 3, 4, 5, 6, 8, 9, 10, and 11 and the Northeast Quarter of the
Southwest Quarter, Section 31; and
new text end
new text begin
(xii) Government Lot 1, Section 32;
new text end
new text begin
(22) those parts of St. Louis County in Township 55 North, Range 16 West, described
as follows:
new text end
new text begin
(i) the Southwest Quarter of the Southeast Quarter, reserving unto Grantor and Grantor's
successors and assigns a 66-foot-wide access road easement across said Southwest Quarter
of the Southeast Quarter for the purpose of access to Grantor's or Grantor's successors or
assigns land and Grantor's presently owned land that may be sold, assigned, or transferred
in Government Lot 5, Section 1, Township 54 North, Range 16 West, Section 35; and
new text end
new text begin
(ii) the Southeast Quarter of the Southeast Quarter, reserving unto Grantor and Grantor's
successors and assigns a 66-foot-wide access road easement across said Southeast Quarter
of the Southeast Quarter for the purpose of access to Grantor's or Grantor's successors or
assigns land and Grantor's presently owned land that may be sold, assigned, or transferred
in Government Lot 5, Section 1, Township 54 North, Range 16 West, Section 35;
new text end
new text begin
(23) those parts of St. Louis County in Township 55 North, Range 19 West, described
as follows:
new text end
new text begin
(i) an undivided two-thirds interest in Government Lot 1, Section 2;
new text end
new text begin
(ii) Government Lots 2, 9, 10, and 12, Section 2;
new text end
new text begin
(iii) Government Lot 11, Section 2, except railroad right-of-way;
new text end
new text begin
(iv) Government Lots 1, 2, 3, 4, and 6, Section 10;
new text end
new text begin
(v) Government Lot 4, Section 11;
new text end
new text begin
(vi) Government Lots 1, 2, 6, 7, and 13, Section 15;
new text end
new text begin
(vii) Government Lots 1 and 2, Section 16;
new text end
new text begin
(viii) Government Lots 1 and 3 and the Southeast Quarter of the Northeast Quarter and
Southwest Quarter of the Northeast Quarter, Section 22;
new text end
new text begin
(ix) Government Lots 3, 4, 5, 6, 7, and 8 and the Northeast Quarter of the Northwest
Quarter, Section 29;
new text end
new text begin
(x) Government Lot 6, Section 30; and
new text end
new text begin
(xi) Government Lots 4, 7, 8, 9, and 10, Section 31;
new text end
new text begin
(24) those parts of St. Louis County in Township 56 North, Range 17 West, described
as follows:
new text end
new text begin
(i) Government Lots 2 and 8 and the Northwest Quarter of the Southeast Quarter and
Northeast Quarter of the Southwest Quarter, Section 3;
new text end
new text begin
(ii) Government Lots 4, 5, 6, 7, and 9, Section 3; and
new text end
new text begin
(iii) Government Lots 6 and 9, that part of Government Lot 8 lying North of Highway
No. 53, and that part of Government Lot 7 lying West of Highway No. 53, Section 4;
new text end
new text begin
(25) those parts of St. Louis County in Township 56 North, Range 18 West, described
as follows:
new text end
new text begin
(i) Government Lots 5 and 6, Section 2;
new text end
new text begin
(ii) Government Lots 5, 7, and 9 and the Northeast Quarter of the Southwest Quarter,
Section 3;
new text end
new text begin
(iii) all that part of Government Lot 11, except the following described parcel of land:
new text end
new text begin
Beginning at a point that is located 958 feet North of the southeast corner of said
Government Lot 11, which corner is also the southeast corner of said Section 3, and 33
feet West of the east line of said Lot 11; thence running North parallel with the east line
of said Lot 11 a distance of 700.5 feet to a point; thence southwesterly to a point that is
331.5 feet West and 1226 feet North of the southeast corner of said Lot 11; thence
southerly parallel with the east line of said lot, a distance of 268 feet to a point; thence
easterly a distance of 298.5 feet to the place of beginning, Section 3;
new text end
new text begin
(iv) Government Lot 12, Section 3, except the following described parcels of land:
new text end
new text begin
(A) commencing at a point along the East and West One-Quarter line of said Section 3,
which point is 33 feet West of the East One-Quarter corner of said Section 3, said point
being on the west right-of-way line of County Highway No. 7; thence westerly along said
quarter line for a distance of 300 feet to a point; thence southerly at right angles and parallel
to the highway right-of-way in question for a distance of 300 feet to a point; thence easterly
for a distance of 300 feet to a point in the west right-of-way line of County Highway No.
7; thence northerly along the west right-of-way line of County Highway No. 7 for a distance
of 300 feet to the point of beginning;
new text end
new text begin
(B) commencing at the East Quarter corner of said Section 3; thence westerly along the
East/West Quarter line of said Section 3 a distance of 33.00 feet to the westerly right-of-way
line of County Highway No. 7; thence continuing westerly along said East/West Quarter
line a distance of 300.00 feet to the point of beginning; thence southerly, parallel with the
westerly right-of-way line of County Highway No. 7 a distance of 400.00 feet; thence
westerly, parallel with said East/West Quarter line to the easterly right-of-way line of the
DM&IR Railroad; thence northerly along said easterly right-of-way line to said East/West
Quarter line; thence easterly along said East/West Quarter line to the point of beginning;
and
new text end
new text begin
(C) the East 33 feet of the North 300 feet of said Government Lot 12;
new text end
new text begin
(v) the Southeast Quarter of the Southeast Quarter, Section 4;
new text end
new text begin
(vi) the Southeast Quarter of the Southeast Quarter, Section 7;
new text end
new text begin
(vii) Government Lots 6 and 7, Section 8;
new text end
new text begin
(viii) Government Lots 1 and 2, Section 9;
new text end
new text begin
(ix) Government Lots 2 and 3, Section 17;
new text end
new text begin
(x) Government Lots 5, 6, 7, 9, 10, 11, 12, and 13 and the Southeast Quarter of the
Northwest Quarter, Section 18;
new text end
new text begin
(xi) Government Lots 6, 7, 8, 9, 11, and 12 and the Northeast Quarter of the Northwest
Quarter, Section 19;
new text end
new text begin
(xii) Government Lots 1, 5, 8, and 9, Section 20;
new text end
new text begin
(xiii) Government Lots 4, 5, 6, 7, and 8 and Government Lot 3, except for 1.0 acre for
cemetery, Section 29;
new text end
new text begin
(xiv) Government Lot 9, Section 30;
new text end
new text begin
(xv) Government Lots 1, 2, 3, 6, 8, 9, 10, and 11, Section 31; and
new text end
new text begin
(xvi) Government Lots 1 and 2, Section 32;
new text end
new text begin
(26) those parts of St. Louis County in Township 56 North, Range 19 West, described
as follows:
new text end
new text begin
(i) Government Lot 1, Section 35;
new text end
new text begin
(ii) Government Lot 2, Section 35; and
new text end
new text begin
(iii) Government Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 and the Southeast Quarter of the
Southeast Quarter and Southwest Quarter of the Northeast Quarter, Section 36;
new text end
new text begin
(27) those parts of St. Louis County in Township 57 North, Range 16 West, described
as follows:
new text end
new text begin
(i) the Southeast Quarter of the Northwest Quarter, Northwest Quarter of the Northeast
Quarter, Southwest Quarter of the Southwest Quarter, and Northeast Quarter of the Southwest
Quarter, Section 12; and
new text end
new text begin
(ii) the Southeast Quarter of the Northwest Quarter, Section 15; and
new text end
new text begin
(28) those parts of St. Louis County in Township 57 North, Range 17 West, described
as follows:
new text end
new text begin
(i) the Northeast Quarter of the Southwest Quarter and Southwest Quarter of the
Southwest Quarter, Section 25; and
new text end
new text begin
(ii) the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the
Southeast Quarter, Section 26.
new text end
Sec. 104. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Aitkin 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 Aitkin County and is described as:
new text end
new text begin
The North Half of the Northeast Quarter of the Northeast Quarter lying East of 275th
Avenue in Section 11, Township 47 North, Range 25 West, Aitkin County, Minnesota
(part of parcel 15-0-017700).
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 returned to private ownership.
new text end
Sec. 105. new text begin GOODHUE COUNTY; LAND TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin Land transfers. new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 373.01,
subdivision 1, Goodhue County may sell, lease, or otherwise convey county-owned land
that abuts Lake Byllesby to adjoining property owners who after the transfer will have direct
access to Lake Byllesby. Any sale, lease, or other conveyance must be for the market value
of the property as appraised by the county. A sale, lease, or other conveyance under this
section must reserve to the county mineral rights according to Minnesota Statutes, section
373.01, and flowage easements relating to water levels of Lake Byllesby.
new text end
new text begin
(b) This section does not apply to any county-owned land that has been developed by
the county as public parkland.
new text end
new text begin Subd. 2. new text end
new text begin Effective date; local approval. new text end
new text begin
This section is effective the day after the
governing body of Goodhue County and its chief clerical officer comply with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 106. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ITASCA COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Itasca County may sell by private sale the tax-forfeited lands
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 lands to be sold are located in Itasca County and are described as:
new text end
new text begin
(1) all that part of Government Lot 2, Section 27, Township 145 North, Range 26 West,
lying northeasterly of the northeasterly right-of-way line of CSAH 39 and northwesterly of
the following described line: Commencing at the northwest corner of said Government Lot
2; thence South 89 degrees 21 minutes East, along the north line of said Government Lot
2 a distance of 286 feet, more or less, to a point on the northeasterly right-of-way line of
the CSAH 39 right-of-way; thence South 51 degrees 01 minute East, 260.41 feet to the point
of beginning of the line to be described; thence North 42 degrees 11 minutes East to intersect
the water's edge of Ball Club Lake and there said line terminates; and
new text end
new text begin
(2) the South two rods of the East 16 rods of Government Lot 14, Section 4, Township
60 North, Range 26 West of the Fourth Principle Meridian, containing approximately 0.20
acres.
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. 107. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATERS;
ROSEAU 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 island located in
public water that is described in paragraph (d) to a local unit of government for less than
market value.
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land described in paragraph (d) may be sold by quit claim deed and the
conveyance must provide that the land described in paragraph (d) 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. The conveyance is subject to a flowage easement held
by the United States of America.
new text end
new text begin
(d) The land that may be conveyed is located in Roseau County and is described as: an
unsurveyed island located in the approximate center of the South Half of the Southeast
Quarter of Section 29, Township 163 North, Range 36 West, Roseau County, Minnesota;
said island contains 6.7 acres, more or less (parcel identification number 563199100).
new text end
new text begin
(e) The island is located in Warroad River and was created after statehood when dredge
spoils were deposited on a sandbar in the Warroad River. The Department of Natural
Resources has determined that the land is not needed for natural resource purposes, the
conveyance would further the public interest, and the state's land management interests
would best be served if the land was conveyed to a local unit of government for a public
park and other public use.
new text end
Sec. 108. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; 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 lands
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 lands to be sold are located in St. Louis County and are described as:
new text end
new text begin
(1) the South Half of the North Half of the South Half of the Southwest Quarter of the
Northwest Quarter, except the East 470 feet and except the part taken for a road, Township
50 North, Range 15 West, Section 29 (parcel identification number 395-0010-08713);
new text end
new text begin
(2) the East 271 feet of the West 371 feet of the North 669.94 feet of the Northwest
Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the
Fourth Principal Meridian. Together with the West 100 feet of the North 669.94 feet of the
Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15
West of the Fourth Principal Meridian, which lies South of the North 300 feet thereof (part
of parcel identification number 410-0024-00550);
new text end
new text begin
(3) the West 371 feet of the Northwest Quarter of the Northwest Quarter of Section 34,
Township 61 North, Range 15 West of the Fourth Principal Meridian, which lies South of
the North 669.94 feet thereof (part of parcel identification number 410-0024-00550); and
new text end
new text begin
(4) the Northeast Quarter, except the Southwest Quarter, and the North Half of the
Northwest Quarter, Township 52 North, Range 19 West, Section 24 (part of parcel
identification number 470-0010-03830).
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. 109. new text begin ST. LOUIS COUNTY; LAND LEASE.
new text end
new text begin Subdivision 1. new text end
new text begin St. Louis County; lease. new text end
new text begin
Notwithstanding Minnesota Statutes, sections
16A.695 and 282.04, St. Louis County may lease property legally described as part of
Government Lot 5 except the lake portion of Embarrass Mine, Township 58, Range 15
West, Section 5, for use as a water intake and water treatment project under Laws 2018,
chapter 214, article 1, section 22, subdivision 6, for consideration of more than $12,000 per
year and for a period exceeding ten years.
new text end
new text begin Subd. 2. new text end
new text begin Department of Natural Resources; lease. new text end
new text begin
Notwithstanding Minnesota Statutes,
section 92.50, or other law to the contrary, the commissioner may lease property in Township
58, Range 15, Section 5, for use as a water intake and water treatment project under Laws
2018, chapter 214, article 1, section 22, subdivision 6, for a period exceeding 21 years,
including a lease term of 40 years.
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. 110. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; BELTRAMI COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, Beltrami County may sell by private sale the tax-forfeited lands
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 lands to be sold are located in Beltrami County and are described as:
new text end
new text begin
(1) the East 285 feet of the North 55 feet of the South Half of the Southeast Quarter,
Section 13, Township 149 North, Range 32 West of the Fifth Principle Meridian (parcel
identification number 16.00170.00);
new text end
new text begin
(2) Lot 6, Block 12, Plat of Redby, Section 19, Township 151 North, Range 33 West
(parcel identification number 36.00027.00);
new text end
new text begin
(3) Lot 7, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West
(parcel identification number 36.00052.00);
new text end
new text begin
(4) Lot 8, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West
(parcel identification number 36.00053.00);
new text end
new text begin
(5) Lot 9, Block 16, Plat of Redby, Section 20, Township 151 North, Range 33 West
(parcel identification number 36.00054.00);
new text end
new text begin
(6) Lots 10, 11, and 12, Block 16, Plat of Redby, Section 20, Township 151 North,
Range 33 West (parcel identification number 36.00055.00);
new text end
new text begin
(7) the southerly 200 feet of vacated Block 28, Plat of Redby, less the northerly 75 feet
of the westerly 150 feet thereof and less the easterly 170 feet thereof, Section 20, Township
151 North, Range 33 West (parcel identification number 36.00077.00);
new text end
new text begin
(8) Lot 4, Block 29, Plat of Redby, Section 20, Township 151 North, Range 33 West
(parcel identification number 36.00081.00); and
new text end
new text begin
(9) Lot 1, Block 62, Plat of Redby, Section 19, Township 151 North, Range 33 West
(parcel identification number 36.00148.00).
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. 111. new text begin PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
SHERBURNE 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) to a local unit of government for less than market
value.
new text end
new text begin
(b) The commissioner 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 Sherburne County and is described as: that
part of Government Lot 3, Section 24, Township 33 North, Range 28 West, described as
follows:
new text end
new text begin
The East 400 feet of Government Lot 3, Section 24, Township 33 North, Range 28 West,
according to the United States Government survey thereof.
new text end
new text begin
(d) The land borders Big Lake. 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 a local unit of government.
new text end
Sec. 112. new text begin RULEMAKING; WALLEYE AND SAUGER POSSESSION LIMIT.
new text end
new text begin
(a) By March 1, 2022, the commissioner of natural resources must amend Minnesota
Rules, part 6262.0200, subpart 1, item F, to provide that the daily and possession limit for
walleye and sauger in all inland waters is six in aggregate and no more than four may be
walleye.
new text end
new text begin
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
new text end
Sec. 113. new text begin AMENDING FEEDLOT PERMITS.
new text end
new text begin
The commissioner of the Pollution Control Agency must, when necessary, amend all
general and individual permits for feedlots to conform with Minnesota Statutes, section
116.07, subdivision 7, paragraph (h).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from February 1, 2021.
new text end
Sec. 114. new text begin TIMBER PERMITS; ADDRESSING MARKET CHANGES.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 90.151, all unexpired timber permits
issued before January 1, 2021, are extended two years beyond the expiration date specified
in the permit.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, chapter 90, the holder of a permit to cut and
remove timber issued under Minnesota Statutes, chapter 90, before January 1, 2021, may
surrender the permit for cancellation to the commissioner of natural resources for a full
refund of the permit down payment and security deposit if:
new text end
new text begin
(1) the timber authorized to be cut under the permit is comprised of at least 25 percent
spruce, balsam, or birch; and
new text end
new text begin
(2) the permit holder has not begun cutting timber under the permit.
new text end
new text begin
(c) Notwithstanding Minnesota Statutes, chapter 90, when the holder of a permit to cut
and remove timber issued under Minnesota Statutes, chapter 90, has begun cutting timber
under the permit, the permit holder may surrender the permit for cancellation to the
commissioner of natural resources under the terms of paragraph (d) if the timber authorized
to be cut under the permit is comprised of at least 25 percent spruce, balsam, or birch.
new text end
new text begin
(d) To be eligible for surrender under paragraph (c), the permit must have been issued
before January 1, 2021. The permit holder is liable to the state for the scaled value of the
timber cut and is entitled to a refund of the permit down payment only to the extent the
amount exceeds the amount due the state. Surrender under paragraph (c) is not a default for
purposes of Minnesota Statutes, section 90.161. The permit holder is entitled to a return of
the security deposit if the permit holder's financial obligations to the state are fulfilled
according to a statement issued by the commissioner of natural resources under Minnesota
Statutes, section 90.181.
new text end
Sec. 115. new text begin WHOLE EFFLUENT TOXICITY RULEMAKING.
new text end
new text begin
(a) By January 31, 2022, the commissioner of the Pollution Control Agency must adopt
rules on:
new text end
new text begin
(1) evaluating and applying whole effluent toxicity (WET) as water-quality-based effluent
limitations and permit conditions for discharges occurring outside the Lake Superior basin;
and
new text end
new text begin
(2) the applicability and standards for acute and chronic mixing zones.
new text end
new text begin
(b) Rules adopted under this section must be substantially identical to Minnesota Rules,
parts 7052.0210, subparts 1 and 2, and 7052.0240, so that, to the greatest extent possible,
dischargers in all parts of the state are subject to the same mixing zones requirements and
acute and chronic WET requirements for establishing permit conditions.
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. 116. new text begin INTERIM PROVISIONS.
new text end
new text begin
(a) From the effective date of this act until the rules under section 115 are adopted, to
the extent allowable under the federal Clean Water Act or other federal laws, this section
applies to discharges occurring outside the Lake Superior basin.
new text end
new text begin
(b) If a whole effluent toxicity test, as defined under Minnesota Rules, part 7050.0218,
subpart 3, item AAA, is performed on the effluent of a point source discharger and results
in less than 50 percent mortality of the test organisms or if a demonstration is provided
under Minnesota Rules, part 7052.0210, subpart 1, that 0.3 acute toxic units can be met at
the edge of an approved acute mixing zone, the effluent must not be considered acutely
toxic or lethal to aquatic organisms unless the commissioner of the Pollution Control Agency
finds that the test species do not represent sensitive organisms in the affected surface water
body or the whole effluent toxicity test was performed on a sample not representative of
the effluent quality.
new text end
new text begin
(c) The commissioner of the Pollution Control Agency must establish whole effluent
toxicity mixing zones and whole effluent toxicity water-quality-based effluent limitations
and permit conditions according to Minnesota Rules, parts 7052.0210, subparts 1 and 2,
and 7052.0240.
new text end
new text begin
(d) The antibacksliding provisions of Minnesota Rules, part 7001.1080, subpart 9, do
not apply to new or revised permit conditions established under paragraph (c).
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. 117. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 85.0505, subdivision 3; 85.0507; 85.054,
subdivision 19; and 97C.515, subdivisions 4 and 5,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Laws 2013, chapter 121, section 53,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Rules, part 6232.0350,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: S0814-1
85.0505 FOOD AND BEVERAGE SERVICE IN STATE PARKS.
Subd. 3.
Fort Ridgely State Park.
The commissioner of public safety, with the approval of the commissioner of natural resources, may issue to a concessionaire, lessee, or person holding a contract with the Department of Natural Resources an on-sale license for the sale of intoxicating liquor at the Fort Ridgely State Park golf course. The annual fee for the license issued pursuant to this subdivision shall be set by the commissioner of public safety at an amount comparable to the fee charged by the surrounding counties for a similar license. All provisions of chapter 340A not inconsistent with this subdivision shall apply to the sale of intoxicating liquor at the Fort Ridgely State Park golf course.
85.0507 FORT RIDGELY GOLF COURSE; GOLF CARTS.
The commissioner may by contract, concession agreement, or lease authorize the use of golf carts on the golf course at Fort Ridgely State Park.
85.054 STATE PARK PERMIT EXEMPTIONS.
Subd. 19.
Fort Ridgely golf course.
The commissioner may by contract, concession agreement, or lease waive a state park permit and associated fee for motor vehicle entry or parking for persons playing golf at the Fort Ridgely State Park golf course provided that the contract, concession agreement, or lease payment to the state is set, in part, to compensate the state park system for the loss of the state park fees.
97C.515 IMPORTED MINNOWS.
Subd. 4.
Private fish hatchery or aquatic farm.
Live minnows used for feeding fish at a licensed private fish hatchery or aquatic farm must be obtained within the state. Dead minnows may be imported for feeding hatchery or aquatic farm fish according to section 97C.341, paragraph (d).
Subd. 5.
Special permits.
(a) The commissioner may issue a special permit, without a fee, to allow a person with a private fish hatchery license, which private fish hatchery has been designated as a containment facility under section 17.4982, subdivision 8, to import live minnows from other states for export. A containment facility for the purposes of this section applies to live minnows imported for later export and does not need to comply with section 17.4982, subdivision 8, clause (4). The permit shall include conditions necessary to avoid spreading aquatic invasive species and fish pathogens. Permits shall not be issued to containment facilities located within a 25-year floodplain.
(b) An applicant for a permit under this subdivision shall submit to the commissioner sufficient information to identify potential threats to native plant and animal species and an evaluation of the feasibility of the proposal. The permit may include reasonable restrictions on importation, transportation, possession, containment, disease certification, and disposal of minnows to ensure that native species are protected. The permit may have a term of up to two years and may be modified, suspended, or revoked by the commissioner for cause, including violation of a condition of the permit.
(c) The premises, property, vehicles, private aquatic life, and equipment that are part of a containment facility permitted under this subdivision are subject to reasonable and necessary inspections at reasonable times by a fish health specialist delegated by the commissioner. The owner, operator, or designee may be present when inspections are conducted. During the inspection, a representative sample of imported minnows may be collected for the purpose of fish pathogen or invasive species screening.
(d) The commissioner may require the applicant to furnish evidence of financial responsibility at the time of application for a permit under this section, as prescribed by the commissioner.
Repealed Minnesota Session Laws: S0814-1
Laws 2013, chapter 121, section 53
Sec. 53. new text begin ANTLER POINT RESTRICTIONS.new text end
new text begin The commissioner of natural resources may not impose an antler point restriction in areas outside the Series 300 deer permit areas, other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, unless the legislature approves the antler point restriction. new text end
Repealed Minnesota Rule: S0814-1
6232.0350 RESTRICTIONS FOR TAKING DEER; 300 SERIES DEER PERMIT AREAS.
Notwithstanding part 6232.0200, subpart 6, in all 300 series deer permit areas, a legal buck is defined as a deer with a minimum of four antler points on at least one antler. Bucks with fewer antler points than the minimum defined points are protected and not legal for harvest. Youth hunters, age 10 to 17, are exempt from this part.