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SF 844

Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/21/2017 08:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 844
1.2A bill for an act
1.3relating to environment; providing for certain demolition debris landfill permitting.
1.4May 21, 2017
1.5The Honorable Michelle L. Fischbach
1.6President of the Senate
1.7The Honorable Kurt L. Daudt
1.8Speaker of the House of Representatives
1.9We, the undersigned conferees for S.F. No. 844 report that we have agreed upon the
1.10items in dispute and recommend as follows:
1.11That the House recede from its amendment and that S.F. No. 844 be further amended
1.12as follows:
1.13Delete everything after the enacting clause and insert:

1.14"ARTICLE 1
1.15ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS

1.16
Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
1.17    The sums shown in the columns marked "Appropriations" are appropriated to the agencies
1.18and for the purposes specified in this article. The appropriations are from the general fund,
1.19or another named fund, and are available for the fiscal years indicated for each purpose.
1.20The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.21them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.22"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
1.23is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
1.24effective the day following final enactment.
1.25
APPROPRIATIONS
1.26
Available for the Year
2.1
Ending June 30
2.2
2018
2019

2.3
Sec. 2. POLLUTION CONTROL AGENCY
2.4
Subdivision 1.Total Appropriation
$
101,821,000
$
100,206,000
2.5
Appropriations by Fund
2.6
2018
2019
2.7
General
6,543,000
6,802,000
2.8
2.9
State Government
Special Revenue
75,000
75,000
2.10
Environmental
78,984,000
79,892,000
2.11
Remediation
13,219,000
13,437,000
2.12
2.13
Closed Landfill
Investment
3,000,000
-0-
2.14The amounts that may be spent for each
2.15purpose are specified in the following
2.16subdivisions.
2.17The commissioner must present the agency's
2.18biennial budget for fiscal years 2020 and 2021
2.19to the legislature in a transparent way by
2.20agency division, including the proposed
2.21budget bill and presentations of the budget to
2.22committees and divisions with jurisdiction
2.23over the agency's budget.
2.24
Subd. 2.Environmental Analysis and Outcomes
12,577,000
12,558,000
2.25
Appropriations by Fund
2.26
2018
2019
2.27
Environmental
12,308,000
12,289,000
2.28
Remediation
181,000
181,000
2.29
General
88,000
88,000
2.30(a) $88,000 the first year and $88,000 the
2.31second year are from the general fund for:
2.32(1) a municipal liaison to assist municipalities
2.33in implementing and participating in the
2.34water-quality standards rulemaking process
3.1and navigating the NPDES/SDS permitting
3.2process;
3.3(2) enhanced economic analysis in the
3.4water-quality standards rulemaking process,
3.5including more-specific analysis and
3.6identification of cost-effective permitting;
3.7(3) developing statewide economic analyses
3.8and templates to reduce the amount of
3.9information and time required for
3.10municipalities to apply for variances from
3.11water-quality standards; and
3.12(4) coordinating with the Public Facilities
3.13Authority to identify and advocate for the
3.14resources needed for municipalities to achieve
3.15permit requirements.
3.16(b) $204,000 the first year and $204,000 the
3.17second year are from the environmental fund
3.18for a monitoring program under Minnesota
3.19Statutes, section 116.454.
3.20(c) $346,000 the first year and $346,000 the
3.21second year are from the environmental fund
3.22for monitoring ambient air for hazardous
3.23pollutants.
3.24(d) $90,000 the first year and $90,000 the
3.25second year are from the environmental fund
3.26for duties related to harmful chemicals in
3.27children's products under Minnesota Statutes,
3.28sections 116.9401 to 116.9407. Of this
3.29amount, $57,000 each year is transferred to
3.30the commissioner of health.
3.31(e) $109,000 the first year and $109,000 the
3.32second year are from the environmental fund
3.33for registration of wastewater laboratories.
4.1(f) $913,000 the first year and $913,000 the
4.2second year are from the environmental fund
4.3to continue perfluorochemical biomonitoring
4.4in eastern-metropolitan communities, as
4.5recommended by the Environmental Health
4.6Tracking and Biomonitoring Advisory Panel,
4.7and address other environmental health risks,
4.8including air quality. The communities must
4.9include Hmong and other immigrant farming
4.10communities. Of this amount, up to $677,000
4.11the first year and $677,000 the second year
4.12are for transfer to the Department of Health.
4.13(g) $100,000 the first year and $50,000 the
4.14second year are from the environmental fund
4.15for impaired waters listing procedures required
4.16under this act.
4.17
Subd. 3.Industrial
14,079,000
14,200,000
4.18
Appropriations by Fund
4.19
2018
2019
4.20
Environmental
13,099,000
13,220,000
4.21
Remediation
980,000
980,000
4.22$980,000 the first year and $980,000 the
4.23second year are from the remediation fund for
4.24the leaking underground storage tank program
4.25to investigate, clean up, and prevent future
4.26releases from underground petroleum storage
4.27tanks and to the petroleum remediation
4.28program for vapor assessment and
4.29remediation. These same annual amounts are
4.30transferred from the petroleum tank fund to
4.31the remediation fund.
4.32
Subd. 4.Municipal
6,625,000
6,624,000
4.33
Appropriations by Fund
4.34
2018
2019
4.35
General
162,000
162,000
5.1
Environmental
6,463,000
6,462,000
5.2(a) $162,000 the first year and $162,000 the
5.3second year are from the general fund for:
5.4(1) a municipal liaison to assist municipalities
5.5in implementing and participating in the
5.6water-quality standards rulemaking process
5.7and navigating the NPDES/SDS permitting
5.8process;
5.9(2) enhanced economic analysis in the
5.10water-quality standards rulemaking process,
5.11including more specific analysis and
5.12identification of cost-effective permitting;
5.13(3) development of statewide economic
5.14analyses and templates to reduce the amount
5.15of information and time required for
5.16municipalities to apply for variances from
5.17water quality standards; and
5.18(4) coordinating with the Public Facilities
5.19Authority to identify and advocate for the
5.20resources needed for municipalities to achieve
5.21permit requirements.
5.22(b) $50,000 the first year and $50,000 the
5.23second year are from the environmental fund
5.24for transfer to the Office of Administrative
5.25Hearings to establish sanitary districts.
5.26(c) $615,000 the first year and $614,000 the
5.27second year are from the environmental fund
5.28for subsurface sewage treatment system
5.29(SSTS) program administration and
5.30community technical assistance and education,
5.31including grants and technical assistance to
5.32communities for water-quality protection. Of
5.33this amount, $129,000 each year is for
5.34assistance to counties through grants for SSTS
6.1program administration. A county receiving
6.2a grant from this appropriation must submit
6.3the results achieved with the grant to the
6.4commissioner as part of its annual SSTS
6.5report. Any unexpended balance in the first
6.6year does not cancel but is available in the
6.7second year.
6.8(d) $639,000 the first year and $640,000 the
6.9second year are from the environmental fund
6.10to address the need for continued increased
6.11activity in the areas of new technology review,
6.12technical assistance for local governments,
6.13and enforcement under Minnesota Statutes,
6.14sections 115.55 to 115.58, and to complete the
6.15requirements of Laws 2003, chapter 128,
6.16article 1, section 165.
6.17(e) Notwithstanding Minnesota Statutes,
6.18section 16A.28, the appropriations
6.19encumbered on or before June 30, 2019, as
6.20grants or contracts for subsurface sewage
6.21treatment systems, surface water and
6.22groundwater assessments, storm water, and
6.23water-quality protection in this subdivision
6.24are available until June 30, 2022.
6.25
Subd. 5.Operations
9,769,000
11,052,000
6.26
Appropriations by Fund
6.27
2018
2019
6.28
Environmental
6,349,000
7,154,000
6.29
Remediation
1,074,000
1,293,000
6.30
General
2,346,000
2,605,000
6.31(a) $174,000 the first year and $174,000 the
6.32second year are from the remediation fund for
6.33purposes of the leaking underground storage
6.34tank program to investigate, clean up, and
6.35prevent future releases from underground
7.1petroleum storage tanks, and to the petroleum
7.2remediation program for vapor assessment
7.3and remediation. These same annual amounts
7.4are transferred from the petroleum tank fund
7.5to the remediation fund.
7.6(b) $400,000 the first year and $400,000 the
7.7second year are from the environmental fund
7.8to develop and maintain systems to support
7.9permitting and regulatory business processes
7.10and agency data. This is a onetime
7.11appropriation.
7.12(c) $300,000 the first year is from the
7.13environmental fund for a grant to the
7.14Metropolitan Council under Minnesota
7.15Statutes, section 116.195, for wastewater
7.16infrastructure to support waste to biofuel
7.17development. This is a onetime appropriation
7.18and is available until June 30, 2019.
7.19(d) $2,346,000 the first year and $2,605,000
7.20the second year are from the general fund for
7.21agency operating adjustments. The
7.22commissioner shall make necessary
7.23adjustments to program appropriations in this
7.24article to distribute these funds. The
7.25commissioner may transfer an amount of this
7.26appropriation to the remediation fund. By
7.27September 1, 2017, the commissioner shall
7.28report to the chairs of the legislative
7.29committees with jurisdiction over environment
7.30and natural resources finance the distribution
7.31of funds and resulting base-level
7.32appropriations for each program.
7.33(e) $1,774,000 the first year and $2,879,000
7.34the second year are from the environmental
7.35fund for agency operating adjustments. The
8.1commissioner shall make necessary
8.2adjustments to program appropriations in this
8.3article to distribute these funds. By September
8.41, 2017, the commissioner shall report to the
8.5chairs of the legislative committees with
8.6jurisdiction over environment and natural
8.7resources finance the distribution of funds and
8.8resulting base-level appropriations for each
8.9program.
8.10(f) $310,000 the first year and $528,000 the
8.11second year are from the remediation fund for
8.12agency operating adjustments. The
8.13commissioner shall make necessary
8.14adjustments to program appropriations in this
8.15article to distribute these funds. By September
8.161, 2017, the commissioner shall report to the
8.17chairs of the legislative committees with
8.18jurisdiction over environment and natural
8.19resources finance the distribution of funds and
8.20resulting base-level appropriations for each
8.21program. If any amount under this paragraph
8.22is allocated for the leaking underground
8.23storage-tank program, the same amount is
8.24transferred from the petroleum tank fund to
8.25the remediation fund.
8.26
Subd. 6.Remediation
14,670,000
11,669,000
8.27
Appropriations by Fund
8.28
2018
2019
8.29
Environmental
688,000
688,000
8.30
Remediation
10,766,000
10,765,000
8.31
8.32
Closed Landfill
Investment
3,000,000
-0-
8.33
General
216,000
216,000
8.34(a) All money for environmental response,
8.35compensation, and compliance in the
8.36remediation fund not otherwise appropriated
9.1is appropriated to the commissioners of the
9.2Pollution Control Agency and agriculture for
9.3purposes of Minnesota Statutes, section
9.4115B.20, subdivision 2, clauses (1), (2), (3),
9.5(6), and (7). At the beginning of each fiscal
9.6year, the two commissioners shall jointly
9.7submit an annual spending plan to the
9.8commissioner of management and budget that
9.9maximizes the use of resources and
9.10appropriately allocates the money between the
9.11two departments. This appropriation is
9.12available until June 30, 2019.
9.13(b) $216,000 the first year and $216,000 the
9.14second year are from the general fund and
9.15$216,000 the first year and $216,000 the
9.16second year are from the environmental fund
9.17to manage contaminated sediment projects at
9.18multiple sites identified in the St. Louis River
9.19remedial action plan to restore water quality
9.20in the St. Louis River area of concern. This
9.21amount is added to the base for fiscal year
9.222020 only.
9.23(c) $3,871,000 the first year and $3,870,000
9.24the second year are from the remediation fund
9.25for purposes of the leaking underground
9.26storage tank program to investigate, clean up,
9.27and prevent future releases from underground
9.28petroleum storage tanks, and to the petroleum
9.29remediation program for purposes of vapor
9.30assessment and remediation. These same
9.31annual amounts are transferred from the
9.32petroleum tank fund to the remediation fund.
9.33(d) $252,000 the first year and $252,000 the
9.34second year are from the remediation fund for
9.35transfer to the commissioner of health for
10.1private water-supply monitoring and health
10.2assessment costs in areas contaminated by
10.3unpermitted mixed municipal solid waste
10.4disposal facilities and drinking water
10.5advisories and public information activities
10.6for areas contaminated by hazardous releases.
10.7(e) Notwithstanding Minnesota Statutes,
10.8section 115B.421, $3,000,000 the first year is
10.9from the closed landfill investment fund for
10.10settling obligations with the federal
10.11government, remedial investigations,
10.12feasibility studies, engineering, and
10.13cleanup-related activities for purposes of
10.14environmental response actions at a priority
10.15qualified facility under Minnesota Statutes,
10.16sections 115B.406 and 115B.407. By January
10.1715, 2018, the commissioner must submit a
10.18status report to the chairs and ranking minority
10.19members of the house of representatives and
10.20senate committees and divisions with
10.21jurisdiction over the environment and natural
10.22resources. This is a onetime appropriation and
10.23is available until June 30, 2019.
10.24
Subd. 7.Resource Management and Assistance
33,617,000
33,619,000
10.25
Appropriations by Fund
10.26
2018
2019
10.27
General
700,000
700,000
10.28
10.29
State Government
Special Revenue
75,000
75,000
10.30
Environmental
32,842,000
32,844,000
10.31(a) Up to $150,000 the first year and $150,000
10.32the second year may be transferred from the
10.33environmental fund to the small business
10.34environmental improvement loan account
10.35established in Minnesota Statutes, section
10.36116.993.
11.1(b) $1,000,000 the first year and $1,000,000
11.2the second year are for competitive recycling
11.3grants under Minnesota Statutes, section
11.4115A.565. Of this amount $700,000 each year
11.5is from the general fund, and $300,000 each
11.6year is from the environmental fund. This
11.7appropriation is available until June 30, 2021.
11.8Any unencumbered grant and loan balances
11.9in the first year do not cancel but are available
11.10for grants and loans in the second year.
11.11(c) $693,000 the first year and $693,000 the
11.12second year are from the environmental fund
11.13for emission reduction activities and grants to
11.14small businesses and other nonpoint emission
11.15reduction efforts. Of this amount, $100,000
11.16the first year and $100,000 the second year
11.17are to continue work with Clean Air
11.18Minnesota, and the commissioner may enter
11.19into an agreement with Environmental
11.20Initiative to support this effort. Any
11.21unencumbered grant and loan balances in the
11.22first year do not cancel but are available for
11.23grants and loans in the second year.
11.24(d) $17,250,000 the first year and $17,250,000
11.25the second year are from the environmental
11.26fund for SCORE block grants to counties.
11.27(e) $119,000 the first year and $119,000 the
11.28second year are from the environmental fund
11.29for environmental assistance grants or loans
11.30under Minnesota Statutes, section 115A.0716.
11.31Any unencumbered grant and loan balances
11.32in the first year do not cancel but are available
11.33for grants and loans in the second year.
11.34(f) $68,000 the first year and $69,000 the
11.35second year are from the environmental fund
12.1for subsurface sewage treatment system
12.2(SSTS) program administration and
12.3community technical assistance and education,
12.4including grants and technical assistance to
12.5communities for water-quality protection.
12.6(g) $125,000 the first year and $126,000 the
12.7second year are from the environmental fund
12.8to address the need for continued increased
12.9activity in the areas of new technology review,
12.10technical assistance for local governments,
12.11and enforcement under Minnesota Statutes,
12.12sections 115.55 to 115.58, and to complete the
12.13requirements of Laws 2003, chapter 128,
12.14article 1, section 165.
12.15(h) All money deposited in the environmental
12.16fund for the metropolitan solid waste landfill
12.17fee in accordance with Minnesota Statutes,
12.18section 473.843, and not otherwise
12.19appropriated, is appropriated for the purposes
12.20of Minnesota Statutes, section 473.844.
12.21(i) Notwithstanding Minnesota Statutes,
12.22section 16A.28, the appropriations
12.23encumbered on or before June 30, 2019, as
12.24contracts or grants for environmental
12.25assistance awarded under Minnesota Statutes,
12.26section 115A.0716; technical and research
12.27assistance under Minnesota Statutes, section
12.28115A.152; technical assistance under
12.29Minnesota Statutes, section 115A.52; and
12.30pollution prevention assistance under
12.31Minnesota Statutes, section 115D.04, are
12.32available until June 30, 2021.
12.33
Subd. 8.Watershed
9,220,000
9,220,000
12.34
Appropriations by Fund
12.35
2018
2019
13.1
Environmental
7,043,000
7,043,000
13.2
Remediation
218,000
218,000
13.3
General
1,959,000
1,959,000
13.4(a) $1,959,000 the first year and $1,959,000
13.5the second year are from the general fund for
13.6grants to delegated counties to administer the
13.7county feedlot program under Minnesota
13.8Statutes, section 116.0711, subdivisions 2 and
13.93. Money remaining after the first year is
13.10available for the second year.
13.11(b) $207,000 the first year and $207,000 the
13.12second year are from the environmental fund
13.13for the costs of implementing general
13.14operating permits for feedlots over 1,000
13.15animal units.
13.16(c) $118,000 the first year and $118,000 the
13.17second year are from the remediation fund for
13.18purposes of the leaking underground storage
13.19tank program to investigate, clean up, and
13.20prevent future releases from underground
13.21petroleum storage tanks, and to the petroleum
13.22remediation program for vapor assessment
13.23and remediation. These same annual amounts
13.24are transferred from the petroleum tank fund
13.25to the remediation fund.
13.26
Subd. 9.Environmental Quality Board
1,264,000
1,264,000
13.27
Appropriations by Fund
13.28
2018
2019
13.29
General
1,072,000
1,072,000
13.30
Environmental
192,000
192,000
13.31
Subd. 10.Transfers
13.32The commissioner shall transfer up to
13.33$44,000,000 from the environmental fund to
13.34the remediation fund for the purposes of the
14.1remediation fund under Minnesota Statutes,
14.2section 116.155, subdivision 2.

14.3
Sec. 3. NATURAL RESOURCES
14.4
Subdivision 1.Total Appropriation
$
283,249,000
$
286,475,000
14.5
Appropriations by Fund
14.6
2018
2019
14.7
General
86,508,000
84,699,000
14.8
Natural Resources
94,744,000
97,773,000
14.9
Game and Fish
101,689,000
103,688,000
14.10
Remediation
102,000
103,000
14.11
Permanent School
206,000
212,000
14.12The amounts that may be spent for each
14.13purpose are specified in the following
14.14subdivisions.
14.15
14.16
Subd. 2.Land and Mineral Resources
Management
5,652,000
5,658,000
14.17
Appropriations by Fund
14.18
2018
2019
14.19
General
1,710,000
1,710,000
14.20
Natural Resources
3,392,000
3,392,000
14.21
Game and Fish
344,000
344,000
14.22
Permanent School
206,000
212,000
14.23(a) $319,000 the first year and $319,000 the
14.24second year are for environmental research
14.25relating to mine permitting, of which $200,000
14.26each year is from the minerals management
14.27account and $119,000 each year is from the
14.28general fund.
14.29(b) $2,815,000 the first year and $2,815,000
14.30the second year are from the minerals
14.31management account in the natural resources
14.32fund for use as provided in Minnesota Statutes,
14.33section 93.2236, paragraph (c), for mineral
14.34resource management, projects to enhance
15.1future mineral income, and projects to promote
15.2new mineral resource opportunities.
15.3(c) $206,000 the first year and $212,000 the
15.4second year are from the state forest suspense
15.5account in the permanent school fund to secure
15.6maximum long-term economic return from
15.7the school trust lands consistent with fiduciary
15.8responsibilities and sound natural resources
15.9conservation and management principles.
15.10(d) $125,000 the first year and $125,000 the
15.11second year are for conservation easement
15.12stewardship.
15.13
Subd. 3.Ecological and Water Resources
32,740,000
32,629,000
15.14
Appropriations by Fund
15.15
2018
2019
15.16
General
17,213,000
17,046,000
15.17
Natural Resources
10,576,000
10,576,000
15.18
Game and Fish
4,951,000
5,007,000
15.19(a) $3,242,000 the first year and $3,242,000
15.20the second year are from the invasive species
15.21account in the natural resources fund and
15.22$3,206,000 the first year and $3,206,000 the
15.23second year are from the general fund for
15.24management, public awareness, assessment
15.25and monitoring research, and water access
15.26inspection to prevent the spread of invasive
15.27species; management of invasive plants in
15.28public waters; and management of terrestrial
15.29invasive species on state-administered lands.
15.30(b) $5,000,000 the first year and $5,000,000
15.31the second year are from the water
15.32management account in the natural resources
15.33fund for only the purposes specified in
15.34Minnesota Statutes, section 103G.27,
15.35subdivision 2.
16.1(c) $124,000 the first year and $124,000 the
16.2second year are for a grant to the Mississippi
16.3Headwaters Board for up to 50 percent of the
16.4cost of implementing the comprehensive plan
16.5for the upper Mississippi within areas under
16.6the board's jurisdiction.
16.7(d) $10,000 the first year and $10,000 the
16.8second year are for payment to the Leech Lake
16.9Band of Chippewa Indians to implement the
16.10band's portion of the comprehensive plan for
16.11the upper Mississippi.
16.12(e) $264,000 the first year and $264,000 the
16.13second year are for grants for up to 50 percent
16.14of the cost of implementation of the Red River
16.15mediation agreement.
16.16(f) $2,078,000 the first year and $2,134,000
16.17the second year are from the heritage
16.18enhancement account in the game and fish
16.19fund for only the purposes specified in
16.20Minnesota Statutes, section 297A.94,
16.21paragraph (e), clause (1).
16.22(g) $950,000 the first year and $950,000 the
16.23second year are from the nongame wildlife
16.24management account in the natural resources
16.25fund for the purpose of nongame wildlife
16.26management. Notwithstanding Minnesota
16.27Statutes, section 290.431, $100,000 the first
16.28year and $100,000 the second year may be
16.29used for nongame wildlife information,
16.30education, and promotion.
16.31(h) Notwithstanding Minnesota Statutes,
16.32section 84.943, $13,000 the first year and
16.33$13,000 the second year from the critical
16.34habitat private sector matching account may
17.1be used to publicize the critical habitat license
17.2plate match program.
17.3(i) $6,000,000 the first year and $6,000,000
17.4the second year are from the general fund for
17.5the following activities:
17.6(1) financial reimbursement and technical
17.7support to soil and water conservation districts
17.8or other local units of government for
17.9groundwater level monitoring;
17.10(2) surface water monitoring and analysis,
17.11including installation of monitoring gauges;
17.12(3) groundwater analysis to assist with water
17.13appropriation permitting decisions;
17.14(4) permit application review incorporating
17.15surface water and groundwater technical
17.16analysis;
17.17(5) precipitation data and analysis to improve
17.18the use of irrigation;
17.19(6) information technology, including
17.20electronic permitting and integrated data
17.21systems; and
17.22(7) compliance and monitoring.
17.23(j) $167,000 the first year is for a grant to the
17.24Koronis Lake Association for purposes of
17.25removing and preventing aquatic invasive
17.26species. This is a onetime appropriation and
17.27is available until June 30, 2022.
17.28(k) $410,000 the first year and $410,000 the
17.29second year are from the heritage enhancement
17.30account in the game and fish fund for grants
17.31to the Minnesota Aquatic Invasive Species
17.32Research Center at the University of
17.33Minnesota to prioritize, support, and develop
18.1research-based solutions that can reduce the
18.2effects of aquatic invasive species in
18.3Minnesota by preventing spread, controlling
18.4populations, and managing ecosystems and to
18.5advance knowledge to inspire action by others.
18.6
Subd. 4.Forest Management
47,185,000
45,981,000
18.7
Appropriations by Fund
18.8
2018
2019
18.9
General
31,719,000
30,481,000
18.10
Natural Resources
14,144,000
14,144,000
18.11
Game and Fish
1,322,000
1,356,000
18.12(a) $7,145,000 the first year and $7,145,000
18.13the second year are for prevention,
18.14presuppression, and suppression costs of
18.15emergency firefighting and other costs
18.16incurred under Minnesota Statutes, section
18.1788.12. The amount necessary to pay for
18.18presuppression and suppression costs during
18.19the biennium is appropriated from the general
18.20fund. By January 15 of each year, the
18.21commissioner of natural resources shall submit
18.22a report to the chairs and ranking minority
18.23members of the house and senate committees
18.24and divisions having jurisdiction over
18.25environment and natural resources finance,
18.26identifying all firefighting costs incurred and
18.27reimbursements received in the prior fiscal
18.28year. These appropriations may not be
18.29transferred. Any reimbursement of firefighting
18.30expenditures made to the commissioner from
18.31any source other than federal mobilizations
18.32must be deposited into the general fund.
18.33(b) $11,644,000 the first year and $11,644,000
18.34the second year are from the forest
18.35management investment account in the natural
19.1resources fund for only the purposes specified
19.2in Minnesota Statutes, section 89.039,
19.3subdivision 2.
19.4(c) $1,322,000 the first year and $1,356,000
19.5the second year are from the heritage
19.6enhancement account in the game and fish
19.7fund to advance ecological classification
19.8systems (ECS) scientific management tools
19.9for forest and invasive species management.
19.10(d) $780,000 the first year and $780,000 the
19.11second year are for the Forest Resources
19.12Council to implement the Sustainable Forest
19.13Resources Act.
19.14(e) $500,000 the first year is from the general
19.15fund for a study of the ability to sustainably
19.16harvest at least 1,000,000 cords of wood
19.17annually on state-administered forest lands.
19.18No later than March 1, 2018, the commissioner
19.19must report the study's findings to the
19.20legislative committees with jurisdiction over
19.21environment and natural resources policy and
19.22finance. This is a onetime appropriation.
19.23(f) $2,000,000 the first year and $2,000,000
19.24the second year are from the forest
19.25management investment account in the natural
19.26resources fund for state forest reforestation.
19.27The base from the forest management
19.28investment account in the natural resources
19.29fund for fiscal year 2020 and later is
19.30$1,250,000.
19.31(g) $1,869,000 the first year and $1,131,000
19.32the second year are from the general fund for
19.33the Next Generation Core Forestry data
20.1system. The appropriation is available until
20.2June 30, 2021.
20.3(h) $500,000 the first year and $500,000 the
20.4second year are from the forest management
20.5investment account in the natural resources
20.6fund for forest road maintenance on state
20.7forest roads.
20.8(i) $500,000 the first year and $500,000 the
20.9second year are from the general fund for
20.10forest road maintenance on county forest
20.11roads.
20.12(j) $500,000 the first year and $500,000 the
20.13second year are from the general fund for
20.14additional private forest management.
20.15(k) The base for the natural resources fund in
20.16fiscal year 2020 and later is $13,394,000.
20.17
Subd. 5.Parks and Trails Management
79,830,000
81,100,000
20.18
Appropriations by Fund
20.19
2018
2019
20.20
General
25,057,000
24,927,000
20.21
Natural Resources
52,500,000
53,900,000
20.22
Game and Fish
2,273,000
2,273,000
20.23(a) $1,075,000 the first year and $1,075,000
20.24the second year are from the water recreation
20.25account in the natural resources fund for
20.26enhancing and maintaining public
20.27water-access facilities.
20.28(b) $5,740,000 the first year and $5,740,000
20.29the second year are from the natural resources
20.30fund for state trail, park, and recreation area
20.31operations. This appropriation is from the
20.32revenue deposited in the natural resources fund
20.33under Minnesota Statutes, section 297A.94,
20.34paragraph (e), clause (2).
21.1(c) $17,350,000 the first year and $17,750,000
21.2the second year are from the state parks
21.3account in the natural resources fund for state
21.4park and state recreation area operation and
21.5maintenance.
21.6(d) $1,005,000 the first year and $1,005,000
21.7the second year are from the natural resources
21.8fund for park and trail grants to local units of
21.9government on land to be maintained for at
21.10least 20 years for the purposes of the grants.
21.11This appropriation is from the revenue
21.12deposited in the natural resources fund under
21.13Minnesota Statutes, section 297A.94,
21.14paragraph (e), clause (4). Any unencumbered
21.15balance does not cancel at the end of the first
21.16year and is available for the second year.
21.17(e) $130,000 the first year is from the general
21.18fund, and $8,424,000 the first year and
21.19$9,624,000 the second year are from the
21.20snowmobile trails and enforcement account
21.21in the natural resources fund for the
21.22snowmobile grants-in-aid program. Any
21.23unencumbered balance does not cancel at the
21.24end of the first year and is available for the
21.25second year.
21.26(f) $1,835,000 the first year and $1,835,000
21.27the second year are from the natural resources
21.28fund for the off-highway vehicle grants-in-aid
21.29program. Of this amount, $1,360,000 the first
21.30year and $1,360,000 the second year are from
21.31the all-terrain vehicle account; $150,000 each
21.32year is from the off-highway motorcycle
21.33account; and $325,000 each year is from the
21.34off-road vehicle account. Any unencumbered
22.1balance does not cancel at the end of the first
22.2year and is available for the second year.
22.3(g) $75,000 the first year and $75,000 the
22.4second year are from the cross-country ski
22.5account in the natural resources fund for
22.6grooming and maintaining cross-country ski
22.7trails in state parks, trails, and recreation areas.
22.8(h) $250,000 the first year and $250,000 the
22.9second year are from the state land and water
22.10conservation account in the natural resources
22.11fund for priorities established by the
22.12commissioner for eligible state projects and
22.13administrative and planning activities
22.14consistent with Minnesota Statutes, section
22.1584.0264, and the federal Land and Water
22.16Conservation Fund Act. Any unencumbered
22.17balance does not cancel at the end of the first
22.18year and is available for the second year.
22.19(i) $150,000 the first year is from the
22.20all-terrain vehicle account in the natural
22.21resources fund for a grant to the city of Orr to
22.22predesign, design, and construct the Voyageur
22.23all-terrain vehicle trail system, including:
22.24(1) design of the alignment for phase I of the
22.25Voyageur all-terrain vehicle trail system and
22.26development of a preliminary phase II
22.27alignment;
22.28(2) completion of wetland delineation and
22.29wetland permitting;
22.30(3) completion of the engineering design and
22.31cost estimates for a snowmobile and
22.32off-highway vehicle bridge over the Vermilion
22.33River to establish a trail connection; and
23.1(4) completion of the master plan for the
23.2Voyageur all-terrain vehicle trail system.
23.3This is a onetime appropriation and is
23.4available until June 30, 2020.
23.5(j) $250,000 the first year and $250,000 the
23.6second year are from the general fund for
23.7matching grants for local parks and outdoor
23.8recreation areas under Minnesota Statutes,
23.9section 85.019, subdivision 2.
23.10(k) $250,000 the first year and $250,000 the
23.11second year are from the general fund for
23.12matching grants for local trail connections
23.13under Minnesota Statutes, section 85.019,
23.14subdivision 4c.
23.15(l) $50,000 the first year is from the all-terrain
23.16vehicle account in the natural resources fund
23.17for a grant to the city of Virginia to assist the
23.18Virginia Area All-Terrain Vehicle Club to
23.19plan, design, engineer, and permit a
23.20comprehensive all-terrain vehicle system in
23.21the Virginia area and to connect with the Iron
23.22Range Off-Highway Vehicle Recreation Area.
23.23This is a onetime appropriation and is
23.24available until June 30, 2020.
23.25
Subd. 6.Fish and Wildlife Management
68,207,000
67,750,000
23.26
Appropriations by Fund
23.27
2018
2019
23.28
Natural Resources
1,912,000
1,912,000
23.29
Game and Fish
66,295,000
65,838,000
23.30(a) $8,283,000 the first year and $8,386,000
23.31the second year are from the heritage
23.32enhancement account in the game and fish
23.33fund only for activities specified in Minnesota
23.34Statutes, section 297A.94, paragraph (e),
24.1clause (1). Notwithstanding Minnesota
24.2Statutes, section 297A.94, five percent of this
24.3appropriation may be used for expanding
24.4hunter and angler recruitment and retention.
24.5(b) Notwithstanding Minnesota Statutes,
24.6section 297A.94, $30,000 the first year is from
24.7the heritage enhancement account in the game
24.8and fish fund for the commissioner of natural
24.9resources to contract with a private entity to
24.10search for a site to construct a world-class
24.11shooting range and club house for use by the
24.12Minnesota State High School League and for
24.13other regional, statewide, national, and
24.14international shooting events. The
24.15commissioner must provide public notice of
24.16the search, including making the public aware
24.17of the process through the Department of
24.18Natural Resources' media outlets, and solicit
24.19input on the location and building options for
24.20the facility. The siting search process must
24.21include a public process to determine if any
24.22business or individual is interested in donating
24.23land for the facility, anticipated to be at least
24.24500 acres. The site search team must meet
24.25with interested third parties affected by or
24.26interested in the facility. The commissioner
24.27must submit a report with the results of the
24.28site search to the chairs and ranking minority
24.29members of the legislative committees and
24.30divisions with jurisdiction over environment
24.31and natural resources by March 1, 2018. This
24.32is a onetime appropriation.
24.33(c) Notwithstanding Minnesota Statutes,
24.34section 297A.94, $30,000 the first year is from
24.35the heritage enhancement account in the game
25.1and fish fund for a study of lead shot
25.2deposition on state lands. By March 1, 2018,
25.3the commissioner shall provide a report of the
25.4study to the chairs and ranking minority
25.5members of the legislative committees with
25.6jurisdiction over natural resources policy and
25.7finance. This is a onetime appropriation.
25.8(d) Notwithstanding Minnesota Statutes,
25.9section 297A.94, $500,000 the first year is
25.10from the heritage enhancement account in the
25.11game and fish fund for planning and
25.12emergency response to disease outbreaks in
25.13wildlife. This is a onetime appropriation and
25.14is available until June 30, 2019.
25.15
Subd. 7.Enforcement
40,879,000
40,880,000
25.16
Appropriations by Fund
25.17
2018
2019
25.18
General
6,640,000
6,640,000
25.19
Natural Resources
10,309,000
10,309,000
25.20
Game and Fish
23,828,000
23,828,000
25.21
Remediation
102,000
103,000
25.22(a) $1,718,000 the first year and $1,718,000
25.23the second year are from the general fund for
25.24enforcement efforts to prevent the spread of
25.25aquatic invasive species.
25.26(b) $1,580,000 the first year and $1,580,000
25.27the second year are from the heritage
25.28enhancement account in the game and fish
25.29fund for only the purposes specified in
25.30Minnesota Statutes, section 297A.94,
25.31paragraph (e), clause (1).
25.32(c) $1,082,000 the first year and $1,082,000
25.33the second year are from the water recreation
25.34account in the natural resources fund for grants
25.35to counties for boat and water safety. Any
26.1unencumbered balance does not cancel at the
26.2end of the first year and is available for the
26.3second year.
26.4(d) $315,000 the first year and $315,000 the
26.5second year are from the snowmobile trails
26.6and enforcement account in the natural
26.7resources fund for grants to local law
26.8enforcement agencies for snowmobile
26.9enforcement activities. Any unencumbered
26.10balance does not cancel at the end of the first
26.11year and is available for the second year.
26.12(e) $250,000 the first year and $250,000 the
26.13second year are from the all-terrain vehicle
26.14account for grants to qualifying organizations
26.15to assist in safety and environmental education
26.16and monitoring trails on public lands under
26.17Minnesota Statutes, section 84.9011. Grants
26.18issued under this paragraph must be issued
26.19through a formal agreement with the
26.20organization. By December 15 each year, an
26.21organization receiving a grant under this
26.22paragraph shall report to the commissioner
26.23with details on expenditures and outcomes
26.24from the grant. Of this appropriation, $25,000
26.25each year is for administration of these grants.
26.26Any unencumbered balance does not cancel
26.27at the end of the first year and is available for
26.28the second year.
26.29(f) $510,000 the first year and $510,000 the
26.30second year are from the natural resources
26.31fund for grants to county law enforcement
26.32agencies for off-highway vehicle enforcement
26.33and public education activities based on
26.34off-highway vehicle use in the county. Of this
26.35amount, $498,000 each year is from the
27.1all-terrain vehicle account; $11,000 each year
27.2is from the off-highway motorcycle account;
27.3and $1,000 each year is from the off-road
27.4vehicle account. The county enforcement
27.5agencies may use money received under this
27.6appropriation to make grants to other local
27.7enforcement agencies within the county that
27.8have a high concentration of off-highway
27.9vehicle use. Of this appropriation, $25,000
27.10each year is for administration of these grants.
27.11Any unencumbered balance does not cancel
27.12at the end of the first year and is available for
27.13the second year.
27.14(g) $1,000,000 each year is for recruiting,
27.15training, and maintaining additional
27.16conservation officers.
27.17(h) The commissioner may hold a conservation
27.18officer academy if necessary.
27.19
Subd. 8.Operations Support
8,436,000
12,157,000
27.20
Appropriations by Fund
27.21
2018
2019
27.22
General
4,169,000
3,895,000
27.23
Natural Resources
1,591,000
3,220,000
27.24
Game and Fish
2,676,000
5,042,000
27.25(a) $1,965,000 the first year is available for
27.26legal costs. Of this amount, up to $500,000
27.27may be transferred to the Minnesota Pollution
27.28Control Agency. This is a onetime
27.29appropriation and is available until June 30,
27.302021.
27.31(b) $2,204,000 the first year and $3,895,000
27.32the second year are from the general fund for
27.33agency operating adjustments. The
27.34commissioner shall make necessary
27.35adjustments to program appropriations in this
28.1article to distribute these funds. By September
28.21, 2017, the commissioner shall report to the
28.3chairs of the legislative committees with
28.4jurisdiction over environment and natural
28.5resources finance the distribution of funds and
28.6resulting base-level appropriations for each
28.7program.
28.8(c) $2,676,000 the first year and $5,042,000
28.9the second year are from the game and fish
28.10fund for agency operating adjustments. The
28.11commissioner shall make necessary
28.12adjustments to program appropriations in this
28.13article to distribute these funds. By September
28.141, 2017, the commissioner shall report to the
28.15chairs of the legislative committees with
28.16jurisdiction over environment and natural
28.17resources finance the distribution of funds and
28.18resulting base-level appropriations for each
28.19program.
28.20(d) $1,591,000 the first year and $3,220,000
28.21the second year are from the natural resources
28.22fund for agency operating adjustments. The
28.23commissioner shall make necessary
28.24adjustments to program appropriations in this
28.25article to distribute these funds. By September
28.261, 2017, the commissioner shall report to the
28.27chairs of the legislative committees with
28.28jurisdiction over environment and natural
28.29resources finance the distribution of funds and
28.30resulting base-level appropriations for each
28.31program.
28.32
Subd. 9.Pass Through Funds
320,000
320,000
28.33
Appropriations by Fund
28.34
2018
2019
28.35
Natural Resources
320,000
320,000
29.1$320,000 the first year and $320,000 the
29.2second year are from the natural resources
29.3fund for grants to be divided equally between
29.4the city of St. Paul for the Como Park Zoo and
29.5Conservatory and the city of Duluth for the
29.6Duluth Zoo. This appropriation is from the
29.7revenue deposited to the natural resources fund
29.8under Minnesota Statutes, section 297A.94,
29.9paragraph (e), clause (5).
29.10
Subd. 10.Cancellation
29.11The remaining amount of the general fund
29.12appropriation in Laws 2016, chapter 189,
29.13article 3, section 3, subdivision 3, for a grant
29.14to the Koronis Lake Association, estimated to
29.15be $167,000, is canceled on June 30, 2017.
29.16This subdivision is effective the day following
29.17final enactment.

29.18
29.19
Sec. 4. BOARD OF WATER AND SOIL
RESOURCES
$
14,311,000
$
14,164,000
29.20(a) $3,423,000 the first year and $3,423,000
29.21the second year are for natural resources block
29.22grants to local governments. Grants must be
29.23matched with a combination of local cash or
29.24in-kind contributions. The base grant portion
29.25related to water planning must be matched by
29.26an amount as specified by Minnesota Statutes,
29.27section 103B.3369. The board may reduce the
29.28amount of the natural resources block grant
29.29to a county by an amount equal to any
29.30reduction in the county's general services
29.31allocation to a soil and water conservation
29.32district from the county's previous year
29.33allocation when the board determines that the
29.34reduction was disproportionate.
30.1(b) $3,116,000 the first year and $3,116,000
30.2the second year are for grants to soil and water
30.3conservation districts for the purposes of
30.4Minnesota Statutes, sections 103C.321 and
30.5103C.331, and for general purposes, nonpoint
30.6engineering, and implementation and
30.7stewardship of the reinvest in Minnesota
30.8reserve program. Expenditures may be made
30.9from these appropriations for supplies and
30.10services benefiting soil and water conservation
30.11districts. Any district receiving a payment
30.12under this paragraph shall maintain a Web
30.13page that publishes, at a minimum, its annual
30.14report, annual audit, annual budget, and
30.15meeting notices.
30.16(c) $260,000 the first year and $260,000 the
30.17second year are for feedlot water quality cost
30.18share grants for feedlots under 300 animal
30.19units and nutrient and manure management
30.20projects in watersheds where there are
30.21impaired waters.
30.22(d) $1,200,000 the first year and $1,200,000
30.23the second year are for soil and water
30.24conservation district cost-sharing contracts for
30.25perennially vegetated riparian buffers, erosion
30.26control, water retention and treatment, and
30.27other high-priority conservation practices.
30.28(e) $100,000 the first year and $100,000 the
30.29second year are for county cooperative weed
30.30management cost-share programs and to
30.31restore native plants in selected invasive
30.32species management sites.
30.33(f) $761,000 the first year and $761,000 the
30.34second year are for implementation,
30.35enforcement, and oversight of the Wetland
31.1Conservation Act, including administration of
31.2the wetland banking program and in-lieu fee
31.3mechanism.
31.4(g) $300,000 the first year is for improving
31.5the efficiency and effectiveness of Minnesota's
31.6wetland regulatory programs through
31.7continued examination of United States Clean
31.8Water Act section 404 assumption including
31.9negotiation of draft agreements with the
31.10United States Environmental Protection
31.11Agency and the United States Army Corps of
31.12Engineers, planning for an online permitting
31.13system, upgrading the existing wetland
31.14banking database, and developing an in-lieu
31.15fee wetland banking program as authorized
31.16by statute. This is a onetime appropriation.
31.17(h) $166,000 the first year and $166,000 the
31.18second year are to provide technical assistance
31.19to local drainage management officials and
31.20for the costs of the Drainage Work Group. The
31.21Board of Water and Soil Resources must
31.22coordinate the stakeholder drainage work
31.23group in accordance with Minnesota Statutes,
31.24section 103B.101, subdivision 13, to evaluate
31.25and make recommendations to accelerate
31.26drainage system acquisition and establishment
31.27of ditch buffer strips under Minnesota Statutes,
31.28chapter 103E, or compatible alternative
31.29practices required by Minnesota Statutes,
31.30section 103F.48. The evaluation and
31.31recommendations must be submitted in a
31.32report to the senate and house of
31.33representatives committees with jurisdiction
31.34over agriculture and environment policy by
31.35February 1, 2018.
32.1(i) $100,000 the first year and $100,000 the
32.2second year are for a grant to the Red River
32.3Basin Commission for water quality and
32.4floodplain management, including
32.5administration of programs. This appropriation
32.6must be matched by nonstate funds. If the
32.7appropriation in either year is insufficient, the
32.8appropriation in the other year is available for
32.9it.
32.10(j) $140,000 the first year and $140,000 the
32.11second year are for grants to Area II
32.12Minnesota River Basin Projects for floodplain
32.13management.
32.14(k) $125,000 the first year and $125,000 the
32.15second year are for conservation easement
32.16stewardship.
32.17(l) $240,000 the first year and $240,000 the
32.18second year are for a grant to the Lower
32.19Minnesota River Watershed District to defray
32.20the annual cost of operating and maintaining
32.21sites for dredge spoil to sustain the state,
32.22national, and international commercial and
32.23recreational navigation on the lower Minnesota
32.24River.
32.25(m) $4,380,000 the first year and $4,533,000
32.26the second year are for Board of Water and
32.27Soil Resources agency administration and
32.28operations.
32.29(n) Notwithstanding Minnesota Statutes,
32.30section 103C.501, the board may shift
32.31cost-share funds in this section and may adjust
32.32the technical and administrative assistance
32.33portion of the grant funds to leverage federal
32.34or other nonstate funds or to address
33.1high-priority needs identified in local water
33.2management plans or comprehensive water
33.3management plans.
33.4(o) The appropriations for grants in this section
33.5are available until June 30, 2021, except
33.6returned grants are available for two years
33.7after they are returned. If an appropriation for
33.8grants in either year is insufficient, the
33.9appropriation in the other year is available for
33.10it.
33.11(p) Notwithstanding Minnesota Statutes,
33.12section 16B.97, the appropriations for grants
33.13in this section are exempt from Department
33.14of Administration, Office of Grants
33.15Management Policy 08-08 Grant Payments
33.16and 08-10 Grant Monitoring.

33.17
Sec. 5. METROPOLITAN COUNCIL
$
8,540,000
$
8,540,000
33.18
Appropriations by Fund
33.19
2018
2019
33.20
General
2,540,000
2,540,000
33.21
Natural Resources
6,000,000
6,000,000
33.22(a) $2,540,000 the first year and $2,540,000
33.23the second year are for metropolitan area
33.24regional parks operation and maintenance
33.25according to Minnesota Statutes, section
33.26473.351.
33.27(b) $6,000,000 the first year and $6,000,000
33.28the second year are from the natural resources
33.29fund for metropolitan area regional parks and
33.30trails maintenance and operations. This
33.31appropriation is from the revenue deposited
33.32in the natural resources fund under Minnesota
33.33Statutes, section 297A.94, paragraph (e),
33.34clause (3).

34.1
34.2
Sec. 6. CONSERVATION CORPS
MINNESOTA
$
945,000
$
945,000
34.3
Appropriations by Fund
34.4
2018
2019
34.5
General
455,000
455,000
34.6
Natural Resources
490,000
490,000
34.7Conservation Corps Minnesota may receive
34.8money appropriated from the natural resources
34.9fund under this section only as provided in an
34.10agreement with the commissioner of natural
34.11resources.

34.12
Sec. 7. ZOOLOGICAL BOARD
$
9,227,000
$
9,303,000
34.13
Appropriations by Fund
34.14
2018
2019
34.15
General
9,067,000
9,143,000
34.16
Natural Resources
160,000
160,000
34.17$160,000 the first year and $160,000 the
34.18second year are from the natural resources
34.19fund from the revenue deposited under
34.20Minnesota Statutes, section 297A.94,
34.21paragraph (e), clause (5).

34.22
Sec. 8. SCIENCE MUSEUM
$
1,079,000
$
1,079,000

34.23
Sec. 9. ADMINISTRATION
$
800,000
$
300,000
34.24(a) $300,000 the first year and $300,000 the
34.25second year are from the state forest suspense
34.26account in the permanent school fund for the
34.27school trust lands director. This appropriation
34.28is to be used for securing long-term economic
34.29return from the school trust lands consistent
34.30with fiduciary responsibilities and sound
34.31natural resources conservation and
34.32management principles.
35.1(b) $500,000 the first year is from the state
35.2forest suspense account in the permanent
35.3school fund for the school trust lands director
35.4to initiate the private sale of surplus school
35.5trust lands identified according to Minnesota
35.6Statutes, section 92.82, paragraph (d),
35.7including but not limited to valuation
35.8expenses, legal fees, and transactional staff
35.9costs. This is a onetime appropriation and is
35.10available until June 30, 2019.

35.11
Sec. 10. EXPLORE MINNESOTA TOURISM
$
15,684,000
$
14,321,000
35.12(a) To develop maximum private sector
35.13involvement in tourism, $500,000 the first
35.14year and $500,000 the second year must be
35.15matched by Explore Minnesota Tourism from
35.16nonstate sources. Each $1 of state incentive
35.17must be matched with $6 of private sector
35.18funding. Cash match is defined as revenue to
35.19the state or documented cash expenditures
35.20directly expended to support Explore
35.21Minnesota Tourism programs. Up to one-half
35.22of the private sector contribution may be
35.23in-kind or soft match. The incentive in fiscal
35.24year 2018 shall be based on fiscal year 2017
35.25private sector contributions. The incentive in
35.26fiscal year 2019 shall be based on fiscal year
35.272018 private sector contributions. This
35.28incentive is ongoing.
35.29(b) Funding for the marketing grants is
35.30available either year of the biennium.
35.31Unexpended grant funds from the first year
35.32are available in the second year.
35.33(c) $100,000 each year is for a grant to the
35.34Northern Lights International Music Festival.
36.1(d) $900,000 the first year is for the major
36.2events grant program. This is a onetime
36.3appropriation and is available until June 30,
36.42021.
36.5(e) $500,000 the first year is for updating the
36.6board's Web site, developing digital content,
36.7and making system upgrades. This is a
36.8onetime appropriation and is available until
36.9June 30, 2019.

36.10
Sec. 11. REVENUE
$
2,000,000
$
2,000,000
36.11$2,000,000 each year is for riparian protection
36.12aid payments under Minnesota Statutes,
36.13section 477A.21. Notwithstanding Minnesota
36.14Statutes, section 477A.21, subdivisions 3 and
36.154, the first year appropriation may be paid only
36.16to counties. Unexpended funds from the first
36.17year are available the second year.

36.18    Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read:
36.19
Sec. 6. ADMINISTRATION
$
250,000
$
-0-
36.20$250,000 the first year is from the state forest
36.21suspense account in the permanent school fund
36.22for the school trust lands director to initiate
36.23real estate development projects on school
36.24trust lands as determined by the school trust
36.25lands director. This is a onetime appropriation
36.26and is available until June 30, 2019.
36.27EFFECTIVE DATE.This section is effective the day following final enactment.

36.28ARTICLE 2
36.29ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES

36.30    Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
36.31to read:
37.1    Subd. 6. Legal counsel. The commissioner of natural resources may appoint attorneys
37.2or outside counsel to render title opinions, represent the department in severed mineral
37.3interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
37.4to the contrary, represent the state in quiet title or title registration actions affecting land or
37.5interests in land administered by the commissioner.

37.6    Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
37.7    Subd. 14a. Permitting efficiency; public notice. (a) It is the goal of the state that
37.8environmental and resource management permits be issued or denied within 90 days for
37.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
37.10The commissioner of natural resources shall establish management systems designed to
37.11achieve the goal.
37.12(b) The commissioner shall prepare an annual permitting efficiency report that includes
37.13statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit
37.14categories. The report is due August 1 each year. For permit applications that have not met
37.15the goal, the report must state the reasons for not meeting the goal. In stating the reasons
37.16for not meeting the goal, the commissioner shall separately identify delays caused by the
37.17responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
37.18level of public engagement. The report must specify the number of days from initial
37.19submission of the application to the day of determination that the application is complete.
37.20The report must aggregate the data for the year and assess whether program or system
37.21changes are necessary to achieve the goal. The report must be posted on the department's
37.22Web site and submitted to the governor and the chairs and ranking minority members of
37.23the house of representatives and senate committees having jurisdiction over natural resources
37.24policy and finance.
37.25(c) The commissioner shall allow electronic submission of environmental review and
37.26permit documents to the department.
37.27(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject
37.28to paragraph (a), the commissioner of natural resources shall notify the project proposer
37.29permit applicant, in writing, whether the application is complete or incomplete. If the
37.30commissioner determines that an application is incomplete, the notice to the applicant must
37.31enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
37.32and advise the applicant on how the deficiencies can be remedied. If the commissioner
37.33determines that the application is complete, the notice must confirm the application's Tier
37.341 or Tier 2 permit status. If the commissioner believes that a complete application for a Tier
38.12 construction permit cannot be issued within the 150-day goal, the commissioner must
38.2provide notice to the applicant with the commissioner's notice that the application is complete
38.3and, upon request of the applicant, provide the permit applicant with a schedule estimating
38.4when the agency will begin drafting the permit and issue the public notice of the draft permit.
38.5This paragraph does not apply to an application for a permit that is subject to a grant or loan
38.6agreement under chapter 446A.
38.7(e) When public notice of a draft individual Tier 2 permit is required, the commissioner
38.8must provide the applicant a draft permit for review by the applicant within 30 days after
38.9determining the proposal conforms to all federal and state laws and rules, unless the permit
38.10applicant and the commissioner mutually agree to a different date. The commissioner must
38.11consider all comments submitted by the applicant before issuing the permit.

38.12    Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
38.13    Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish to construct,
38.14reconstruct, modify, or operate a facility needing any permit from the commissioner of
38.15natural resources to construct, reconstruct, or modify a project or to operate a facility may
38.16offer to reimburse the department for the costs of staff time or consultant services needed
38.17to expedite the preapplication process and permit development process through the final
38.18decision on the permit, including the analysis of environmental review documents. The
38.19reimbursement shall be in addition to permit application fees imposed by law. When the
38.20commissioner determines that additional resources are needed to develop the permit
38.21application in an expedited manner, and that expediting the development is consistent with
38.22permitting program priorities, the commissioner may accept the reimbursement. The
38.23commissioner must give the permit applicant an estimate of costs for the expedited service
38.24to be incurred by the commissioner. The estimate must include a brief description of the
38.25tasks to be performed, a schedule for completing the tasks, and the estimated cost for each
38.26task. The proposer and the commissioner shall enter into a written agreement detailing the
38.27estimated costs for the expedited service to be incurred by the department. The agreement
38.28must also identify staff anticipated to be assigned to the project. The commissioner must
38.29not issue a permit until the applicant has paid all fees in full. The commissioner must refund
38.30any unobligated balance of fees paid. Reimbursements accepted by the commissioner are
38.31appropriated to the commissioner for the purpose of developing the permit or analyzing
38.32environmental review documents. Reimbursement by a permit applicant shall precede and
38.33not be contingent upon issuance of a permit; shall not affect the commissioner's decision
38.34on whether to issue or deny a permit, what conditions are included in a permit, or the
39.1application of state and federal statutes and rules governing permit determinations; and shall
39.2not affect final decisions regarding environmental review.

39.3    Sec. 4. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
39.4    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
39.5(1) owned and used by the United States, an Indian tribal government, the state, another
39.6state, or a political subdivision;
39.7(2) registered in another state or country that have not been within this state for more
39.8than 30 consecutive days;
39.9(3) registered under chapter 168, when operated on forest roads to gain access to a state
39.10forest campground;
39.11(4) used exclusively in organized track racing events;
39.12(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
39.13off-highway motorcycle state trail pass; or
39.14(6) operated by a person participating in an event for which the commissioner has issued
39.15a special use permit.; or
39.16(7) operated on boundary trails and registered in another state or country providing equal
39.17reciprocal registration or licensing exemptions for registrants of this state.

39.18    Sec. 5. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read:
39.19    Subdivision 1. Prohibitions on youthful operators. (a) A person six years or older but
39.20less than 16 years of age operating an off-highway motorcycle on public lands or waters
39.21must possess a valid off-highway motorcycle safety certificate issued by the commissioner.
39.22(b) Except for operation on public road rights-of-way that is permitted under section
39.2384.795 , subdivision 1, a driver's license issued by the state or another state is required to
39.24operate an off-highway motorcycle along or on a public road right-of-way.
39.25(c) A person under 12 years of age may not:
39.26(1) make a direct crossing of a public road right-of-way;
39.27(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
39.28(3) operate an off-highway motorcycle on public lands or waters unless accompanied
39.29by a person 18 years of age or older or participating in an event for which the commissioner
39.30has issued a special use permit.
40.1(d) Except for public road rights-of-way of interstate highways, a person less than 16
40.2years of age may make a direct crossing of a public road right-of-way of a trunk, county
40.3state-aid, or county highway only if that person is accompanied by a person 18 years of age
40.4or older who holds a valid driver's license.
40.5(e) A person less than 16 years of age may operate an off-highway motorcycle on public
40.6road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if
40.7that person is accompanied by a person 18 years of age or older who holds a valid driver's
40.8license.
40.9(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate
40.10an off-highway motorcycle on public lands or waters if the nonresident youth has in
40.11possession evidence of completing an off-road safety course offered by the Motorcycle
40.12Safety Foundation or another state as provided in section 84.791, subdivision 4.

40.13    Sec. 6. Minnesota Statutes 2016, section 84.8031, is amended to read:
40.1484.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
40.15The commissioner must review an off-road vehicle grant-in-aid application and, if
40.16approved, commence begin public review of the application within 60 days after the
40.17completed application has been locally approved and submitted to an area parks and trails
40.18office. If the commissioner fails to approve or deny the application within 60 days after
40.19submission, the application is deemed approved and the commissioner must provide for a
40.2030-day public review period. If the commissioner denies an application, the commissioner
40.21must provide the applicant with a written explanation for denying the application at the time
40.22the applicant is notified of the denial.

40.23    Sec. 7. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read:
40.24    Subd. 2. Application, issuance, issuing fee. (a) Application for registration or
40.25reregistration shall be made to the commissioner or an authorized deputy registrar of motor
40.26vehicles in a format prescribed by the commissioner and shall state the legal name and
40.27address of every owner of the snowmobile.
40.28    (b) A person who purchases a snowmobile from a retail dealer shall make application
40.29for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
40.3021-day registration permit to each purchaser who applies to the dealer for registration. The
40.31temporary permit must contain the dealer's identification number and phone number. Each
40.32retail dealer shall submit completed registration and fees to the deputy registrar at least once
41.1a week. No fee may be charged by a dealer to a purchaser for providing the temporary
41.2permit.
41.3    (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
41.4registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
41.5or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration
41.6number must be affixed to the snowmobile in a clearly visible and permanent manner for
41.7enforcement purposes as the commissioner of natural resources shall prescribe. A dealer
41.8subject to paragraph (b) shall provide the registration materials or temporary permit to the
41.9purchaser within the temporary 21-day permit period. The registration is not valid unless
41.10signed by at least one owner.
41.11    (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also
41.12be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
41.13with the commissioner of public safety may prescribe the accounting and procedural
41.14requirements necessary to assure efficient handling of registrations and registration fees.
41.15Deputy registrars shall strictly comply with these accounting and procedural requirements.
41.16    (e) A fee of $2 In addition to that otherwise other fees prescribed by law shall be charged
41.17for, an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate
41.18or replacement registration card, and replacement decal and an issuing fee of $7 is charged
41.19for each snowmobile registration and registration transfer issued by:
41.20    (1) each snowmobile registered by the a registrar or a deputy registrar and the additional
41.21fee shall be disposed of must be deposited in the manner provided in section 168.33,
41.22subdivision 2
; or
41.23    (2) each snowmobile registered by the commissioner and the additional fee shall must
41.24be deposited in the state treasury and credited to the snowmobile trails and enforcement
41.25account in the natural resources fund.

41.26    Sec. 8. Minnesota Statutes 2016, section 84.82, subdivision 3, is amended to read:
41.27    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, other
41.28than those used for an agricultural purpose, as defined in section 84.92, subdivision 1c,
41.29those registered by a dealer or manufacturer pursuant to paragraph (b) or (c), or those
41.30registered under subdivision 2a shall be as follows: $75 $105 for three years and $10 for a
41.31duplicate or transfer.
41.32(b) The total registration fee for all snowmobiles owned by a dealer and operated for
41.33demonstration or testing purposes shall be $50 per year.
42.1(c) The total registration fee for all snowmobiles owned by a manufacturer and operated
42.2for research, testing, experimentation, or demonstration purposes shall be $150 per year.
42.3Dealer and manufacturer registrations are not transferable.
42.4(d) The onetime fee for registration of an exempt snowmobile under subdivision 6a is
42.5$6.

42.6    Sec. 9. Minnesota Statutes 2016, section 84.8205, subdivision 1, is amended to read:
42.7    Subdivision 1. Sticker required; fee. (a) A snowmobile that is not registered in the state
42.8under section 84.82, subdivision 3, paragraph (a), or that is registered by a manufacturer or
42.9dealer under section 84.82, subdivision 3, paragraph (b) or (c), may not be operated on a
42.10state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed to
42.11the snowmobile.
42.12(b) The commissioner of natural resources shall issue a sticker upon application and
42.13payment of a fee. The fee is:
42.14(1) $35 $50 for a one-year snowmobile state trail sticker purchased by an individual;
42.15and
42.16(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or
42.17manufacturer.
42.18(c) In addition to other penalties prescribed by law, an individual in violation of this
42.19subdivision must purchase an annual state trail sticker for a fee of $70. The sticker is valid
42.20from November 1 through June 30. Fees collected under this section, except for the issuing
42.21fee for licensing agents, shall be deposited in the state treasury and credited to the snowmobile
42.22trails and enforcement account in the natural resources fund and, except for the electronic
42.23licensing system commission established by the commissioner under section 84.027,
42.24subdivision 15, must be used for grants-in-aid, trail maintenance, grooming, and easement
42.25acquisition.
42.26    (d) A state trail sticker is not required under this section for:
42.27    (1) a snowmobile that is owned and used by the United States, an Indian tribal
42.28government, another state, or a political subdivision thereof that is exempt from registration
42.29under section 84.82, subdivision 6;
42.30    (2) a collector snowmobile that is operated as provided in a special permit issued for the
42.31collector snowmobile under section 84.82, subdivision 7a;
43.1    (3) a person operating a snowmobile only on the portion of a trail that is owned by the
43.2person or the person's spouse, child, or parent; or
43.3    (4) a snowmobile while being used to groom a state or grant-in-aid trail.

43.4    Sec. 10. Minnesota Statutes 2016, section 84.922, subdivision 5, is amended to read:
43.5    Subd. 5. Fees for registration. (a) The fee for a three-year registration of an all-terrain
43.6vehicle under this section, other than those registered by a dealer or manufacturer under
43.7paragraph (b) or (c), is:
43.8    (1) for public use, $45 $60;
43.9    (2) for private use, $6; and
43.10    (3) for a duplicate or transfer, $4.
43.11    (b) The total registration fee for all-terrain vehicles owned by a dealer and operated for
43.12demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
43.13    (c) The total registration fee for all-terrain vehicles owned by a manufacturer and operated
43.14for research, testing, experimentation, or demonstration purposes is $150 per year.
43.15Manufacturer registrations are not transferable.
43.16    (d) The onetime fee for registration of an all-terrain vehicle under subdivision 2b is $6.
43.17(e) The fees collected under this subdivision must be credited to the all-terrain vehicle
43.18account.

43.19    Sec. 11. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read:
43.20    Subdivision 1. Program established. (a) The commissioner shall establish a
43.21comprehensive all-terrain vehicle environmental and safety education and training program,
43.22including the preparation and dissemination of vehicle information and safety advice to the
43.23public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle
43.24safety certificates to vehicle operators over the age of 12 years who successfully complete
43.25the all-terrain vehicle environmental and safety education and training course. A parent or
43.26guardian must be present at the hands-on training portion of the program for youth who are
43.27six through ten years of age.
43.28    (b) For the purpose of administering the program and to defray the expenses of training
43.29and certifying vehicle operators, the commissioner shall collect a fee from each person who
43.30receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for
43.31licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The
44.1commissioner shall establish both fees in a manner that neither significantly overrecovers
44.2nor underrecovers costs, including overhead costs, involved in providing the services. The
44.3fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not
44.4apply. The fees may be established by the commissioner notwithstanding section 16A.1283.
44.5Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall
44.6be deposited in the all-terrain vehicle account in the natural resources fund and the amount
44.7thereof, except for the electronic licensing system commission established by the
44.8commissioner under section 84.027, subdivision 15, and issuing fees collected by the
44.9commissioner, is appropriated annually to the Enforcement Division of the Department of
44.10Natural Resources for the administration of the programs. In addition to the fee established
44.11by the commissioner, instructors may charge each person up to the established fee amount
44.12for class materials and expenses.
44.13    (c) The commissioner shall cooperate with private organizations and associations, private
44.14and public corporations, and local governmental units in furtherance of the program
44.15established under this section. School districts may cooperate with the commissioner and
44.16volunteer instructors to provide space for the classroom portion of the training. The
44.17commissioner shall consult with the commissioner of public safety in regard to training
44.18program subject matter and performance testing that leads to the certification of vehicle
44.19operators. The commissioner shall incorporate a riding component in the safety education
44.20and training program.

44.21    Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read:
44.22    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public
44.23road rights-of-way that is permitted under section 84.928 and as provided under paragraph
44.24(j), a driver's license issued by the state or another state is required to operate an all-terrain
44.25vehicle along or on a public road right-of-way.
44.26    (b) A person under 12 years of age shall not:
44.27    (1) make a direct crossing of a public road right-of-way;
44.28    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
44.29    (3) operate an all-terrain vehicle on public lands or waters, except as provided in
44.30paragraph (f).
44.31    (c) Except for public road rights-of-way of interstate highways, a person 12 years of age
44.32but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
44.33county state-aid, or county highway or operate on public lands and waters or state or
45.1grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
45.2issued by the commissioner and is accompanied by a person 18 years of age or older who
45.3holds a valid driver's license.
45.4    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
45.5but less than 16 years old, must:
45.6    (1) successfully complete the safety education and training program under section 84.925,
45.7subdivision 1, including a riding component; and
45.8    (2) be able to properly reach and control the handle bars and reach the foot pegs while
45.9sitting upright on the seat of the all-terrain vehicle.
45.10    (e) A person at least 11 six years of age may take the safety education and training
45.11program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
45.12the certificate is not valid until the person reaches age 12.
45.13    (f) A person at least ten years of age but under 12 years of age may operate an all-terrain
45.14vehicle with an engine capacity up to 90cc 110cc if the vehicle is a class 1 all-terrain vehicle
45.15with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
45.16side-by-side-style seating on public lands or waters if accompanied by a parent or legal
45.17guardian.
45.18    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
45.19    (h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
45.20or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
45.21    (1) the handle bars and reach the foot pegs while sitting upright on the seat of the
45.22all-terrain vehicle with straddle-style seating; or
45.23    (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
45.24side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
45.25(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
45.26years old, may make a direct crossing of a public road right-of-way of a trunk, county
45.27state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
45.28state or grant-in-aid trails if:
45.29(1) the nonresident youth has in possession evidence of completing an all-terrain safety
45.30course offered by the ATV Safety Institute or another state as provided in section 84.925,
45.31subdivision 3; and
46.1(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
46.2a valid driver's license.
46.3(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
46.4vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
46.5under section 84.928 if the person:
46.6(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
46.7and
46.8(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

46.9    Sec. 13. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read:
46.10    Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall
46.11not ride as a passenger or as an operator of an all-terrain vehicle on public land, public
46.12waters, or on a public road right-of-way unless wearing a safety helmet approved by the
46.13commissioner of public safety.
46.14    (b) A person less than 18 years of age shall not ride as a passenger or as an operator of
46.15a class 2 an all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

46.16    Sec. 14. Minnesota Statutes 2016, section 84.9275, subdivision 1, is amended to read:
46.17    Subdivision 1. Pass required; fee. (a) A tribal member exempt from registration under
46.18section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an all-terrain
46.19vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
46.20nonresident all-terrain vehicle state trail pass in immediate possession. The pass must be
46.21available for inspection by a peace officer, a conservation officer, or an employee designated
46.22under section 84.0835.
46.23(b) The commissioner of natural resources shall issue a pass upon application and payment
46.24of a $20 $30 fee. The pass is valid from January 1 through December 31. Fees collected
46.25under this section, except for the issuing fee for licensing agents, shall be deposited in the
46.26state treasury and credited to the all-terrain vehicle account in the natural resources fund
46.27and, except for the electronic licensing system commission established by the commissioner
46.28under section 84.027, subdivision 15, must be used for grants-in-aid to counties and
46.29municipalities for all-terrain vehicle organizations to construct and maintain all-terrain
46.30vehicle trails and use areas.
46.31    (c) A nonresident all-terrain vehicle state trail pass is not required for:
47.1    (1) an all-terrain vehicle that is owned and used by the United States, another state, or
47.2a political subdivision thereof that is exempt from registration under section 84.922,
47.3subdivision 1a;
47.4    (2) a person operating an all-terrain vehicle only on the portion of a trail that is owned
47.5by the person or the person's spouse, child, or parent; or
47.6(3) a nonresident operating an all-terrain vehicle that is registered according to section
47.784.922 .

47.8    Sec. 15. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
47.9    Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a
47.10capital expenditure on a capital asset previously owned by the state, within the meaning of
47.11generally accepted accounting principles as applied to public expenditures. The commissioner
47.12of natural resources will consult with the commissioner of management and budget to the
47.13extent necessary to ensure this and will furnish the commissioner of management and budget
47.14a list of projects to be financed from the account in order of their priority. The legislature
47.15assumes that many projects for preservation and replacement of portions of existing capital
47.16assets will constitute betterments and capital improvements within the meaning of the
47.17Constitution and capital expenditures under generally accepted accounting principles, and
47.18will be financed more efficiently and economically under this section than by direct
47.19appropriations for specific projects.
47.20(b) An appropriation for asset preservation must not be used to acquire land or to acquire
47.21or construct buildings or other facilities.
47.22(c) Capital budget expenditures for natural resource asset preservation and replacement
47.23projects must be for one or more of the following types of capital projects that support the
47.24existing programmatic mission of the department: code compliance including health and
47.25safety, Americans with Disabilities Act requirements, hazardous material abatement, access
47.26improvement, or air quality improvement; building energy efficiency improvements using
47.27current best practices; building or infrastructure repairs necessary to preserve the interior
47.28and exterior of existing buildings; projects to remove life safety hazards such as building
47.29code violations or structural defects; or renovation of other existing improvements to land,
47.30including but not limited to trails and bridges.
47.31(d) Up to ten percent of an appropriation awarded under this section may be used for
47.32design costs for projects eligible to be funded from this account in anticipation of future
47.33funding from the account.

48.1    Sec. 16. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
48.2read:
48.3    Subd. 4. Priorities; report. The commissioner of natural resources must establish
48.4priorities for natural resource asset preservation and replacement projects. By January 15
48.5each year, the commissioner must submit to the commissioner of management and budget
48.6a list of the projects that have been paid for with money from a natural resource asset
48.7preservation and replacement appropriation during the preceding calendar year.

48.8    Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
48.9    Subd. 3. Training and mentoring. The commissioner must develop and implement a
48.10training program that adequately prepares Minnesota Naturalist Corps members for the
48.11tasks assigned. Each corps member shall be is assigned a state park an interpretive naturalist
48.12as a mentor.

48.13    Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
48.14    Subd. 4. Uniform patch pin. Uniforms worn by members of the Minnesota Naturalist
48.15Corps must have a patch pin that includes the name of the Minnesota Naturalist Corps and
48.16information that the program is funded by the clean water, land, and legacy amendment to
48.17the Minnesota Constitution adopted by the voters in November 2008.

48.18    Sec. 19. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
48.19    Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if
48.20the person:
48.21(1) is a permanent resident of the state;
48.22(2) is a participant in an approved college internship program or has a postsecondary
48.23degree in a field related to natural resource resources, cultural history, interpretation, or
48.24conservation related field; and
48.25(3) has completed at least one year of postsecondary education.

48.26    Sec. 20. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
48.27    Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible
48.28for unemployment benefits if their services are excluded under section 268.035, subdivision
48.2920, and are not eligible for other benefits except workers' compensation. The corps members
48.30are not employees of the state within the meaning of section 43A.02, subdivision 21.

49.1    Sec. 21. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
49.2    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
49.3waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b),
49.4(c), or (d), and section 97C.341.
49.5    (b) In waters that are listed as infested waters, except those listed as infested with
49.6prohibited invasive species of fish or certifiable diseases of fish, as defined under section
49.717.4982, subdivision 6 , taking wild animals may be permitted for:
49.8    (1) commercial taking of wild animals for bait and aquatic farm purposes as provided
49.9in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
49.10    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
49.11watermilfoil, when the infested waters are listed solely because they contain Eurasian
49.12watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
49.13exceeding 16 inches in diameter and 32 inches in length.
49.14(c) In streams or rivers that are listed as infested waters, except those listed as infested
49.15with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
49.16of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
49.17hook and line for noncommercial personal use is allowed as follows:
49.18(1) fish taken under this paragraph must be used on the same body of water where caught
49.19and while still on that water body. Where the river or stream is divided by barriers such as
49.20dams, the fish must be caught and used on the same section of the river or stream;
49.21(2) fish taken under this paragraph may not be transported live from or off the water
49.22body;
49.23(3) fish harvested under this paragraph may only be used in accordance with this section;
49.24(4) any other use of wild animals used for bait from infested waters is prohibited;
49.25(5) fish taken under this paragraph must meet all other size restrictions and requirements
49.26as established in rules; and
49.27(6) all species listed under this paragraph shall be included in the person's daily limit as
49.28established in rules, if applicable.
49.29(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
49.30downstream of the dam at Taylors Falls, including portions described as
49.31Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items
50.1A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for
50.2angling, as provided in a permit issued under section 84D.11, is allowed as follows:
50.3    (1) nontarget species must immediately be returned to the water;
50.4(2) gizzard shad taken under this paragraph must be used on the same body of water
50.5where caught and while still on that water body. Where the river is divided by barriers such
50.6as dams, the gizzard shad must be caught and used on the same section of the river;
50.7(3) gizzard shad taken under this paragraph may not be transported off the water body;
50.8and
50.9(4) gizzard shad harvested under this paragraph may only be used in accordance with
50.10this section.
50.11This paragraph expires December 1, 2017.
50.12    (e) Equipment authorized for minnow harvest in a listed infested water by permit issued
50.13under paragraph (b) may not be transported to, or used in, any waters other than waters
50.14specified in the permit.
50.15(f) Bait intended for sale may not be held in infested water after taking and before sale,
50.16unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

50.17    Sec. 22. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
50.18    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions
50.19in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines
50.20used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
50.21is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
50.22in section 17.4982, may not be used in any other waters. If a commercial licensee operates
50.23in an infested water listed because it contains invasive fish, invertebrates, or certifiable
50.24diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used
50.25for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with
50.26invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be
50.27tagged with tags provided by the commissioner, as specified in the commercial licensee's
50.28license or permit. Tagged gear must not be used in water bodies other than those specified
50.29in the license or permit. The permit may authorize department staff to remove tags after the
50.30gear is decontaminated. This tagging requirement does not apply to commercial fishing
50.31equipment used in Lake Superior.
51.1(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
51.2frog, or crayfish harvesting in an infested water that is listed solely because it contains
51.3Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
51.4of two days before they are used in any other waters, except as provided in this paragraph.
51.5Commercial licensees must notify the department's regional or area fisheries office or a
51.6conservation officer before removing nets or equipment from an infested water listed solely
51.7because it contains Eurasian watermilfoil and before resetting those nets or equipment in
51.8any other waters. Upon notification, the commissioner may authorize a commercial licensee
51.9to move nets or equipment to another water without freezing or drying, if that water is listed
51.10as infested solely because it contains Eurasian watermilfoil.
51.11(c) A commercial licensee must remove all aquatic macrophytes from nets and other
51.12equipment before placing the equipment into waters of the state.
51.13(d) The commissioner shall provide a commercial licensee with a current listing of listed
51.14infested waters at the time that a license or permit is issued.

51.15    Sec. 23. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
51.16    Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify
51.17nonnative species of aquatic plants and wild animals, including subspecies, genotypes,
51.18cultivars, hybrids, or genera of nonnative species, according to the following categories:
51.19(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
51.20propagated, transported, or introduced except as provided in section 84D.05;
51.21(2) regulated invasive species, which may not be introduced except as provided in section
51.2284D.07 ;
51.23(3) unlisted nonnative species, which are subject to the classification procedure in section
51.2484D.06 ; and
51.25(4) unregulated nonnative species, which are not subject to regulation under this chapter.

51.26    Sec. 24. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
51.27    Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell,
51.28propagate, transport, or introduce a prohibited invasive species, except:
51.29(1) under a permit issued by the commissioner under section 84D.11;
51.30(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
51.31(3) under a restricted species permit issued under section 17.457;
52.1(4) when being transported to the department, or another destination as the commissioner
52.2may direct, in a sealed container for purposes of identifying the species or reporting the
52.3presence of the species;
52.4(5) when being transported for disposal as part of a harvest or control activity when
52.5specifically authorized under a permit issued by the commissioner according to section
52.6103G.615 , when being transported for disposal as specified under a commercial fishing
52.7license issued by the commissioner according to section 97A.418, 97C.801, 97C.811,
52.897C.825 , 97C.831, or 97C.835, or when being transported as specified by the commissioner;
52.9(6) when being removed from watercraft and equipment, or caught while angling, and
52.10immediately returned to the water from which they came; or
52.11(7) when being transported from riparian property to a legal disposal site that is at least
52.12100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
52.13invasive species are in a covered commercial vehicle specifically designed and used for
52.14hauling trash; or
52.15(7) (8) as the commissioner may otherwise prescribe by rule.

52.16    Sec. 25. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
52.17    Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional
52.18permit to service providers to return to Lake Minnetonka water-related equipment with
52.19zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
52.20The permit must include verification and documentation requirements and any other
52.21conditions the commissioner deems necessary.
52.22(b) Water-related equipment with zebra mussels attached may be returned only to Lake
52.23Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
52.24under subdivision 1.
52.25(c) The service provider's place of business must be within the Lake Minnetonka
52.26Conservation District as established according to sections 103B.601 to 103B.645 or within
52.27a municipality immediately bordering the Lake Minnetonka Conservation District's
52.28boundaries.
52.29(d) A service provider applying for a permit under this subdivision must, if approved
52.30for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
52.31state for $50,000 payable upon violation of this chapter while the service provider is acting
52.32under a permit issued according to this subdivision.
53.1(e) This subdivision expires December 1, 2018 2019.

53.2    Sec. 26. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
53.3to read:
53.4    Subd. 2b. Gull Lake pilot study. (a) The commissioner may include an additional
53.5targeted pilot study to include water-related equipment with zebra mussels attached for the
53.6Gull Narrows State Water Access Site, Government Point State Water Access Site, and
53.7Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
53.8in Cass and Crow Wing Counties using the same authorities, general procedures, and
53.9requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service
53.10providers participating in the Gull Lake targeted pilot study place of business must be located
53.11in Cass or Crow Wing County.
53.12(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
53.13the report to the chairs and ranking minority members of the senate and house of
53.14representatives committees having jurisdiction over natural resources required under Laws
53.152016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
53.16recommendations and assessments.
53.17(c) This subdivision expires December 1, 2019.

53.18    Sec. 27. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
53.19to read:
53.20    Subd. 2c. Cross Lake pilot study. (a) The commissioner may include an additional
53.21targeted pilot study to include water-related equipment with zebra mussels attached for the
53.22Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number
53.2318-0312) in Crow Wing County using the same authorities, general procedures, and
53.24requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
53.25of business of lake service providers participating in the Cross Lake targeted pilot study
53.26must be located in Cass or Crow Wing County.
53.27(b) If an additional targeted pilot project for Cross Lake is implemented under this
53.28section, the report to the chairs and ranking minority members of the senate and house of
53.29representatives committees having jurisdiction over natural resources required under Laws
53.302016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
53.31study recommendations and assessments.
53.32(c) This subdivision expires December 1, 2019.

54.1    Sec. 28. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
54.2read:
54.3    Subd. 1a. Permit for invasive carp. The commissioner may issue a permit to
54.4departmental divisions for tagging bighead, black, grass, or silver carp for research or
54.5control. Under the permit, the carp may be released into the water body from which the carp
54.6was captured. This subdivision expires December 31, 2021.

54.7    Sec. 29. [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS.
54.8The commissioner may by contract, concession agreement, or lease, authorize the use
54.9of golf carts on the golf course at Fort Ridgely State Park.

54.10    Sec. 30. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read:
54.11    Subdivision 1. Authority to establish. (a) The commissioner may establish, by written
54.12order, provisions for the use of state parks for the following:
54.13(1) special parking space for automobiles or other motor-driven vehicles in a state park
54.14or state recreation area;
54.15(2) special parking spurs, campgrounds for automobiles, sites for tent camping, other
54.16types of lodging, camping, or day use facilities, and special auto trailer coach parking spaces,
54.17for the use of the individual charged for the space or facility;
54.18(3) improvement and maintenance of golf courses already established in state parks, and
54.19charging reasonable use fees; and
54.20(4) providing water, sewer, and electric service to trailer or tent campsites and charging
54.21a reasonable use fee.
54.22(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and
54.23the rulemaking provisions of chapter 14. Section 14.386 does not apply.
54.24(c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or
54.25building with furnishings for overnight use.

54.26    Sec. 31. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:
54.27    Subd. 8. Free permit; military personnel; exemption. (a) A one-day permit, Annual
54.28permits under subdivision 4, shall 1 must be issued without a fee for a motor vehicle being
54.29used by a person who is serving in to active military service personnel in any branch or unit
54.30of the United States armed forces and who is stationed outside Minnesota, during the period
55.1of active service and for 90 days immediately thereafter, if the or their dependents and to
55.2recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a
55.3person presents the person's current military orders must present qualifying military
55.4identification or an annual pass for the United States military issued through the National
55.5Parks and Federal Recreational Lands Pass program to the park attendant on duty or other
55.6designee of the commissioner.
55.7    (b) For purposes of this section, "active service" has the meaning given under section
55.8190.05, subdivision 5c , when performed outside Minnesota subdivision, the commissioner
55.9shall establish what constitutes qualifying military identification in the State Register.
55.10(c) A permit is not required for a motor vehicle being used by military personnel or their
55.11dependents who have in their possession the annual pass for United States military and their
55.12dependents issued by the federal government for access to federal recreation sites For
55.13vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is
55.14valid only when displayed on a vehicle owned and occupied by the person to whom the
55.15permit is issued.
55.16(d) The commissioner may issue a daily vehicle permit free of charge to an individual
55.17who qualifies under paragraph (a) and does not own or operate a motor vehicle.

55.18    Sec. 32. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:
55.19    Subd. 10. Free entrance permit; disabled veterans. (a) The commissioner shall issue
55.20an annual park permit for no charge to any veteran with a total and permanent
55.21service-connected disability, and a daily park permit to any resident veteran with any level
55.22of service-connected disability, as determined by the United States Department of Veterans
55.23Affairs, who presents each year a copy of the veteran's determination letter or other official
55.24form of validation issued by the United States Department of Veterans Affairs or the United
55.25States Department of Defense to a park attendant or commissioner's designee. For the
55.26purposes of this section subdivision, "veteran" has the meaning given in section 197.447.
55.27    (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
55.28subdivision is valid only when displayed on a vehicle owned and occupied by the person
55.29to whom the permit is issued.
55.30    (c) The commissioner may issue a daily vehicle permit free of charge to an individual
55.31who qualifies under paragraph (a) and does not own or operate a motor vehicle.

56.1    Sec. 33. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to
56.2read:
56.3    Subd. 19. Fort Ridgely golf course. The commissioner may by contract, concession
56.4agreement, or lease waive a state park permit and associated fee for motor vehicle entry or
56.5parking for persons playing golf at the Fort Ridgely State Park golf course provided that
56.6the contract, concession agreement, or lease payment to the state is set, in part, to compensate
56.7the state park system for the loss of the state park fees.

56.8    Sec. 34. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read:
56.9    Subdivision 1. Fees. The fee for state park permits for:
56.10(1) an annual use of state parks is $25 $35;
56.11(2) a second or subsequent vehicle state park permit is $18 $26;
56.12(3) a state park permit valid for one day is $5 $7;
56.13(4) a daily vehicle state park permit for groups is $3 $5;
56.14(5) an annual permit for motorcycles is $20 $30;
56.15(6) an employee's state park permit is without charge; and
56.16(7) a state park permit for persons with disabilities under section 85.053, subdivision 7,
56.17paragraph (a), clauses (1) to (3), is $12.
56.18The fees specified in this subdivision include any sales tax required by state law.

56.19    Sec. 35. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read:
56.20    Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state
56.21park items, tours at Forestville Mystery Cave State Park, interpretation programs, educational
56.22programs, and operation of Douglas Lodge shall be deposited in the state treasury and be
56.23credited to the state parks working capital account. Receipts and expenses from Douglas
56.24Lodge shall be tracked separately within the account. Money in the account is annually
56.25appropriated for the purchase and payment of expenses attributable to items for resale or
56.26rental and operation of Douglas Lodge. Any excess receipts in this account are annually
56.27appropriated for state park management and interpretive programs.

56.28    Sec. 36. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
56.29    Subdivision 1. Areas marked Designation. The commissioner of natural resources is
56.30authorized in cooperation with local units of government and private individuals and groups
57.1when feasible to mark manage state water trails on the Lake Superior water trail under
57.2section 85.0155 and on the following rivers, which have historic, recreational, and scenic
57.3values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
57.4Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
57.5Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa
57.6from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
57.7of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, and Vermilion in
57.8St. Louis County, North Fork of the Crow, and South Fork of the Crow Rivers, which have
57.9historic and scenic values, and to mark appropriately. The commissioner may map and sign
57.10points of interest, public water access sites, portages, camp sites, and all dams, rapids,
57.11waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and
57.12watercraft travelers. The commissioner may maintain passageway for watercraft on state
57.13water trails.

57.14    Sec. 37. [85.47] SPECIAL USE PERMITS; FEES.
57.15Fees collected for special use permits to use state trails not on state forest, state park, or
57.16state recreation area lands and for use of state water access sites must be deposited in the
57.17natural resources fund.

57.18    Sec. 38. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read:
57.19    Subd. 2. Exemptions. A watercraft license is not required for:
57.20(1) a watercraft that is covered by a license or number in full force and effect under
57.21federal law or a federally approved licensing or numbering system of another state, or a
57.22watercraft that is owned by a person from another state and that state does not require
57.23licensing that type of watercraft, and the watercraft has not been within this state for more
57.24than 90 consecutive days, which does not include days that a watercraft is laid up at dock
57.25over winter or for repairs at a Lake Superior port or another port in the state;
57.26(2) a watercraft from a country other than the United States that has not been within this
57.27state for more than 90 consecutive days, which does not include days that a watercraft is
57.28laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
57.29(3) a watercraft owned by the United States, an Indian tribal government, a state, or a
57.30political subdivision of a state, except watercraft used for recreational purposes;
57.31(4) a ship's lifeboat;
58.1(5) a watercraft that has been issued a valid marine document by the United States
58.2government;
58.3(6) a waterfowl boat during waterfowl-hunting season;
58.4(7) a rice boat during the harvest season;
58.5(8) a seaplane;
58.6(9) a nonmotorized watercraft ten feet in length or less; and
58.7(10) a watercraft that is covered by a valid license or number issued by a federally
58.8recognized Indian tribe in the state under a federally approved licensing or numbering system
58.9and that is owned by a member of that tribe.

58.10    Sec. 39. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
58.11    Subdivision 1. General requirements. (a) In addition to requirements of other laws
58.12relating to watercraft, a person may not operate or permit the operation of a personal
58.13watercraft:
58.14(1) without each person on board the personal watercraft wearing a United States Coast
58.15Guard (USCG) approved wearable personal flotation device with a that is approved by the
58.16United States Coast Guard (USCG) and has a USCG label indicating it the flotation device
58.17either is approved for or does not prohibit use with personal watercraft or water skiing;
58.18(2) between one hour before sunset and 9:30 a.m.;
58.19(3) at greater than slow-no wake speed within 150 feet of:
58.20(i) a shoreline;
58.21(ii) a dock;
58.22(iii) a swimmer;
58.23(iv) a raft used for swimming or diving; or
58.24(v) a moored, anchored, or nonmotorized watercraft;
58.25(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
58.26device unless:
58.27(i) an observer is on board; or
58.28(ii) the personal watercraft is equipped with factory-installed or factory-specified
58.29accessory mirrors that give the operator a wide field of vision to the rear;
59.1(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
59.2or personal flotation device of the operator, if the personal watercraft is equipped by the
59.3manufacturer with such a device;
59.4(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
59.5tampered with so as to interfere with the return-to-idle system;
59.6(7) to chase or harass wildlife;
59.7(8) through emergent or floating vegetation at other than a slow-no wake speed;
59.8(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
59.9including weaving through congested watercraft traffic, jumping the wake of another
59.10watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
59.11backwards;
59.12(10) in any other manner that is not reasonable and prudent; or
59.13(11) without a personal watercraft rules decal, issued by the commissioner, attached to
59.14the personal watercraft so as to be in full view of the operator.
59.15(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
59.16to launch or land a person on water skis, a kneeboard, or similar device by the most direct
59.17route to open water.

59.18    Sec. 40. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read:
59.19    Subd. 3. Allocation of funding. (a) Notwithstanding section 16A.41, expenditures
59.20directly related to each appropriation's purpose made on or after January 1 of the fiscal year
59.21in which the grant is made or the date of work plan approval, whichever is later, are eligible
59.22for reimbursement unless otherwise provided.
59.23(b) The amount of funds to be allocated under subdivisions 1 and 2 and shall be
59.24determined by the commissioner on the basis of the following criteria:
59.25(1) the number of watercraft using the waters wholly or partially within the county;
59.26(2) the number of watercraft using particular bodies of water, wholly or partially within
59.27the county, in relation to the size of the body of water and the type, speed, and size of the
59.28watercraft utilizing the water body;
59.29(3) the amount of water acreage wholly or partially within the county;
59.30(4) the overall performance of the county in the area of boat and water safety;
60.1(5) special considerations, such as volume of transient or nonresident watercraft use,
60.2number of rental watercraft, extremely large bodies of water wholly or partially in the
60.3county; or
60.4(6) any other factor as determined by the commissioner.
60.5(b) (c) The commissioner may require reports from the counties, make appropriate
60.6surveys or studies, or utilize local surveys or studies to determine the criteria required in
60.7allocation funds.

60.8    Sec. 41. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read:
60.9    Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited,
60.10managed, and controlled for the purpose of managing forests, prairies, or wildlife habitats
60.11by an entity meeting certification requirements established by the commissioner for the
60.12purpose of managing vegetation. A prescribed burn that has exceeded its prescribed
60.13boundaries and requires immediate suppression action by a local fire department or other
60.14agency with wildfire suppression responsibilities is considered a wildfire.

60.15    Sec. 42. Minnesota Statutes 2016, section 88.523, is amended to read:
60.1688.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
60.17Upon application of the owner, any auxiliary forest contract may be made subject to any
60.18provisions of law enacted subsequent to the execution of the contract and in force at the
60.19time of application, so far as not already applicable, with the approval of the county board
60.20and the commissioner of natural resources. A supplemental agreement in a form format
60.21prescribed by the commissioner and approved by the attorney general must be executed by
60.22the commissioner in behalf of the state and by the owner. The supplemental agreement must
60.23be filed and recorded in like manner as the supplemental contract under section 88.49,
60.24subdivision 9
, and takes effect upon filing and recording.

60.25    Sec. 43. Minnesota Statutes 2016, section 89.39, is amended to read:
60.2689.39 PURCHASE AGREEMENTS AND PENALTIES.
60.27Every individual, partnership, or private corporation to whom any planting stock is
60.28supplied for planting on private land hereunder shall under sections 89.35 to 89.39 must
60.29execute an agreement, upon a form in a format approved by the attorney general
60.30commissioner, to comply with all the requirements of sections 89.35 to 89.39 and all
60.31conditions prescribed by the commissioner hereunder thereunder. Any party to such an
61.1agreement who shall violate any provision thereof shall, violates the agreement is, in addition
61.2to any other penalties that may be applicable, be liable to the state in a sum equal to three
61.3times the reasonable value of the trees affected by the violation at the time the same trees
61.4were shipped for planting; provided, that if such the trees are sold or offered for sale for
61.5any purpose not herein authorized, such under sections 89.35 to 89.39, the penalty shall be
61.6is equal to three times the sale price. Such The penalties shall be are recoverable in a civil
61.7action brought in the name of the state by the attorney general.

61.8    Sec. 44. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
61.9read:
61.10    Subd. 1a. Affiliate. "Affiliate" means a person who:
61.11(1) controls, is controlled by, or is under common control with any other person,
61.12including, without limitation, a partner, business entity with common ownership, or principal
61.13of any business entity or a subsidiary, parent company, or holding company of any person;
61.14or
61.15(2) bids as a representative for another person.

61.16    Sec. 45. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:
61.17    Subd. 8. Permit holder. "Permit holder" means the person or affiliate of the person who
61.18is the signatory of a permit to cut timber on state lands.

61.19    Sec. 46. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:
61.20    Subd. 12. Responsible bidder. "Responsible bidder" means a person or affiliate of a
61.21person who is financially responsible; demonstrates the judgment, skill, ability, capacity,
61.22and integrity requisite and necessary to perform according to the terms of a permit issued
61.23under this chapter; and is not currently debarred by another a government entity for any
61.24cause.

61.25    Sec. 47. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
61.26    Subd. 2. Trespass on state lands. The commissioner may compromise and settle, with
61.27notification to the attorney general, upon terms the commissioner deems just, any claim of
61.28the state for casual and involuntary trespass upon state lands or timber; provided that no
61.29claim shall be settled for less than the full value of all timber or other materials taken in
61.30casual trespass or the full amount of all actual damage or loss suffered by the state as a
61.31result. Upon request, the commissioner shall advise the Executive Council of any information
62.1acquired by the commissioner concerning any trespass on state lands, giving all details and
62.2names of witnesses and all compromises and settlements made under this subdivision.

62.3    Sec. 48. Minnesota Statutes 2016, section 90.051, is amended to read:
62.490.051 SUPERVISION OF SALES; BOND.
62.5The department employee delegated to supervise state timber appraisals and sales shall
62.6be bonded in a form to be prescribed by the attorney general commissioner and in the sum
62.7of not less than $25,000, conditioned upon the faithful and honest performance of duties.

62.8    Sec. 49. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:
62.9    Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner
62.10shall compile a list containing a description of each tract of land upon which any timber to
62.11be offered is situated and a statement of the estimated quantity of timber and of the appraised
62.12price of each kind of timber thereon as shown by the report of the state appraiser. No
62.13description shall be added after the list is posted and no timber shall be sold from land not
62.14described in the list. Copies of the list shall must be furnished to all interested applicants.
62.15At least 30 days before the date of sale, a copy of the list shall must be posted on the Internet
62.16or conspicuously posted in the forest office or other public facility most accessible to potential
62.17bidders at least 30 days prior to the date of sale. The commissioner shall cause a notice to
62.18be published once not less than one week before the date of sale in a legal newspaper in the
62.19county or counties where the land is situated. The notice shall state the time and place of
62.20the sale and the location at which further information regarding the sale may be obtained.
62.21The commissioner may give other published or posted notice as the commissioner deems
62.22proper to reach prospective bidders.

62.23    Sec. 50. Minnesota Statutes 2016, section 90.14, is amended to read:
62.2490.14 AUCTION SALE PROCEDURE.
62.25(a) All state timber shall be offered and sold by the same unit of measurement as it was
62.26appraised. No tract shall be sold to any person other than the purchaser responsible bidder
62.27in whose name the bid was made. The commissioner may refuse to approve any and all bids
62.28received and cancel a sale of state timber for good and sufficient reasons.
62.29(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
62.30or, if unsold at public auction, at the time of purchase at a subsequent sale under section
62.3190.101 , subdivision 1, pay to the commissioner a down payment of 15 percent of the
62.32appraised value. In case any purchaser fails to make such payment, the purchaser shall be
63.1liable therefor to the state in a civil action, and the commissioner may reoffer the timber
63.2for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
63.3made.
63.4(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
63.5timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
63.6the appraised value, elect in writing on a form format prescribed by the attorney general
63.7commissioner to purchase a permit based solely on the appraiser's estimate of the volume
63.8of timber described in the permit, provided that the commissioner has expressly designated
63.9the availability of such option for that tract on the list of tracts available for sale as required
63.10under section 90.101. A purchaser who elects in writing on a form format prescribed by the
63.11attorney general commissioner to purchase a permit based solely on the appraiser's estimate
63.12of the volume of timber described on the permit does not have recourse to the provisions
63.13of section 90.281.
63.14(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
63.15awarded to the high bidder, who shall pay to the commissioner a down payment of 15
63.16percent of the appraised value that must be received or postmarked within 14 days of the
63.17date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
63.18is liable for the down payment to the state and the commissioner may offer the timber for
63.19sale to the next highest bidder as though no higher bid had been made.
63.20(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
63.21under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
63.22payment to the commissioner in an amount equal to 15 percent of the total purchase price
63.23of the permit less the down payment amount required by paragraph (b) for any bid increase
63.24in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
63.25submitted with the signed permit, no harvesting may occur, the permit cancels, and the
63.26down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
63.27state if the purchaser and successors in interest fail to execute an effective permit.

63.28    Sec. 51. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:
63.29    Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section
63.3090.151 , the commissioner may establish a registration system to verify the qualifications
63.31of a person or affiliate as a responsible bidder to purchase a timber permit. Any system
63.32implemented by the commissioner shall be limited in scope to only that information that is
63.33required for the efficient administration of the purchaser qualification requirements of this
64.1chapter. The registration system established under this subdivision is not subject to the
64.2rulemaking provisions of chapter 14 and section 14.386 does not apply.

64.3    Sec. 52. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
64.4    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for
64.5state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered
64.6permit to the purchaser, in a form format approved by the attorney general commissioner,
64.7by the terms of which the purchaser shall be is authorized to enter upon the land, and to cut
64.8and remove the timber therein described in the permit as designated for cutting in the report
64.9of the state appraiser, according to the provisions of this chapter. The permit shall must be
64.10correctly dated and executed by the commissioner and signed by the purchaser. If a permit
64.11is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
64.12and the down payment for timber required under section 90.14 forfeits to the state. The
64.13commissioner may grant an additional period for the purchaser to sign the permit, not to
64.14exceed ten business days, provided the purchaser pays a $200 penalty fee.
64.15    (b) The permit shall expire expires no later than five years after the date of sale as the
64.16commissioner shall specify or as specified under section 90.191, and the timber shall must
64.17be cut and removed within the time specified therein. If additional time is needed, the permit
64.18holder must request, prior to before the expiration date, and may be granted, for good and
64.19sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
64.20removing all equipment and buildings. All cut timber, equipment, and buildings not removed
64.21from the land after expiration of the permit becomes the property of the state.
64.22    (c) The commissioner may grant an additional period of time not to exceed 240 days
64.23for the removal of removing cut timber, equipment, and buildings upon receipt of a written
64.24request by the permit holder for good and sufficient reasons. The permit holder may combine
64.25in the written request under this paragraph the request for additional time under paragraph
64.26(b).

64.27    Sec. 53. Minnesota Statutes 2016, section 90.162, is amended to read:
64.2890.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
64.29In lieu of the security deposit equal to the value of all timber covered by the permit
64.30required by section 90.161, a purchaser of state timber may elect in writing on a form format
64.31prescribed by the attorney general commissioner to give good and valid surety to the state
64.32of Minnesota equal to the purchase price for any designated cutting block identified on the
65.1permit before the date the purchaser enters upon the land to begin harvesting the timber on
65.2the designated cutting block.

65.3    Sec. 54. Minnesota Statutes 2016, section 90.252, is amended to read:
65.490.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
65.5FEES.
65.6    Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with
65.7either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
65.8of the cut timber and the collection of the payment for the same can be consummated by
65.9the state. Such an The agreement shall must be approved as to form and content by the
65.10attorney general commissioner and shall must provide for a bond or cash in lieu of a bond
65.11and such other safeguards as are necessary to protect the interests of the state. The scaling
65.12and payment collection procedure may be used for any state timber sale, except that no
65.13permittee who is also the consumer shall both cut and scale the timber sold unless such the
65.14scaling is supervised by a state scaler.
65.15    Subd. 2. Weight measurement services; fees. The commissioner may enter into an
65.16agreement with the owner or operator of any weight scale inspected, tested, and approved
65.17under chapter 239 to provide weight measurements for the scaling of state timber according
65.18to section 90.251. The agreement shall must be on a form in a format prescribed by the
65.19attorney general commissioner, shall become a becomes part of the official record of any
65.20state timber permit so scaled, and shall must contain safeguards that are necessary to protect
65.21the interests of the state. Except as otherwise provided by the commissioner, the cost of any
65.22agreement to provide weight measurement of state timber shall must be paid by the permit
65.23holder of any state timber permit so measured and the cost shall must be included in the
65.24statement of the amount due for the permit under section 90.181, subdivision 1.

65.25    Sec. 55. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read:
65.26    Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum
65.27must be approved by the Executive Council, and any other mineral lease issued pursuant
65.28to this section that covers 160 or more acres must be approved by the Executive Council.
65.29The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by
65.30the commissioner according to rules adopted by the commissioner, but no lease shall be for
65.31a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall
65.32be fully set forth in each lease issued. No lease shall be canceled by the state for failure to
66.1meet production requirements prior to the 36th year of the lease. The rents and royalties
66.2shall be credited to the funds as provided in section 93.22.
66.3EFFECTIVE DATE.This section is effective the day following final enactment and
66.4applies to leases in effect or issued on or after that date.

66.5    Sec. 56. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:
66.6    Subd. 4. Administration and enforcement. The commissioner shall administer and
66.7enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the
66.8commissioner may (1) conduct such investigations and inspections as the commissioner
66.9deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon
66.10any parts of the mining areas in connection with any such investigation and inspection
66.11without liability to the operator or landowner provided that reasonable prior notice of
66.12intention to do so shall have been given the operator or landowner; (3) conduct such research
66.13or enter into contracts related to mining areas and the reclamation thereof as may be necessary
66.14to carry out the provisions of sections 93.46 to 93.50; and (4) allocate surplus wetland credits
66.15that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
66.16that are not otherwise deposited in a state wetland bank
.
66.17EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.

66.18    Sec. 57. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read:
66.19    Subd. 2. Commissioner's review; hearing; burden of proof. Within 120 days after
66.20receiving the an application, or after receiving additional information requested, or after
66.21holding a hearing as provided in this section the commissioner has deemed complete and
66.22filed, the commissioner shall grant the permit applied for, with or without modifications or
66.23conditions, or deny the application unless a contested case hearing is requested or ordered
66.24under section 93.483. If written objections to the proposed application are filed with the
66.25commissioner within 30 days after the last publication required pursuant to this section or
66.26within seven days after publication in the case of an application to conduct lean ore stockpile
66.27removal, by any person owning property which will be affected by the proposed operation
66.28or by any federal, state, or local governmental agency having responsibilities affected by
66.29the proposed operations, a public hearing shall be held by the commissioner in the locality
66.30of the proposed operations within 30 days of receipt of such written objections and after
66.31appropriate notice and publication of the date, time, and location of the hearing. The
66.32commissioner's decision to grant the permit, with or without modifications, or deny the
66.33application constitutes a final order for purposes of section 93.50. The commissioner in
67.1granting a permit with or without modifications shall determine that the reclamation or
67.2restoration planned for the operation complies with lawful requirements and can be
67.3accomplished under available technology and that a proposed reclamation or restoration
67.4technique is practical and workable under available technology. The commissioner may
67.5hold public meetings on the application.
67.6EFFECTIVE DATE.This section is effective the day following final enactment and
67.7applies to all pending applications submitted before that date.

67.8    Sec. 58. [93.483] CONTESTED CASE.
67.9    Subdivision 1. Petition for contested case hearing. Any person owning property that
67.10will be affected by the proposed operation or any federal, state, or local government having
67.11responsibilities affected by the proposed operation identified in the application for a permit
67.12to mine under section 93.481 may file a petition with the commissioner to hold a contested
67.13case hearing on the completed application. To be considered by the commissioner, a petition
67.14must be submitted in writing, must contain the information specified in subdivision 2, and
67.15must be submitted to the commissioner within 30 days after the application is deemed
67.16complete and filed. In addition, the commissioner may, on the commissioner's own motion,
67.17order a contested case hearing on the completed application.
67.18    Subd. 2. Petition contents. (a) A petition for a contested case hearing must include the
67.19following information:
67.20(1) a statement of reasons or proposed findings supporting the commissioner's decision
67.21to hold a contested case hearing pursuant to the criteria in subdivision 3; and
67.22(2) a statement of the issues proposed to be addressed by a contested case hearing and
67.23the specific relief requested or resolution of the matter.
67.24(b) To the extent known by the petitioner, a petition for a contested case hearing may
67.25also include:
67.26(1) a proposed list of prospective witnesses to be called, including experts, with a brief
67.27description of the proposed testimony or a summary of evidence to be presented at a contested
67.28case hearing;
67.29(2) a proposed list of publications, references, or studies to be introduced and relied
67.30upon at a contested case hearing; and
67.31(3) an estimate of time required for the petitioner to present the matter at a contested
67.32case hearing.
68.1(c) A petitioner is not bound or limited to the witnesses, materials, or estimated time
68.2identified in the petition if the requested contested case is granted by the commissioner.
68.3(d) Any person may serve timely responses to a petition for a contested case hearing.
68.4The commissioner shall establish deadlines for responses to be submitted.
68.5    Subd. 3. Commissioner's decision to hold hearing. (a) The commissioner must grant
68.6the petition to hold a contested case hearing or order upon the commissioner's own motion
68.7that a contested case hearing be held if the commissioner finds that:
68.8(1) there is a material issue of fact in dispute concerning the completed application before
68.9the commissioner;
68.10(2) the commissioner has jurisdiction to make a determination on the disputed material
68.11issue of fact; and
68.12(3) there is a reasonable basis underlying a disputed material issue of fact so that a
68.13contested case hearing would allow the introduction of information that would aid the
68.14commissioner in resolving the disputed facts in order to make a final decision on the
68.15completed application.
68.16(b) The commissioner must make the determination of whether to grant a petition or
68.17otherwise order a contested case hearing within 120 days after the commissioner deems the
68.18application complete and filed.
68.19    Subd. 4. Hearing upon request of applicant. The applicant may, within 30 days after
68.20the application is deemed complete and filed, submit a request for a contested case. Within
68.2130 days of the applicant's request, the commissioner shall grant the petition and initiate the
68.22contested case hearing process.
68.23    Subd. 5. Scope of hearing. If the commissioner decides to hold a contested case hearing,
68.24the commissioner shall identify the issues to be resolved and limit the scope and conduct
68.25of the hearing in accordance with applicable law, due process, and fundamental fairness.
68.26The commissioner may, before granting or ordering a contested case hearing, develop a
68.27proposed permit or permit conditions to inform the contested case. The contested case
68.28hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision
68.29by the commissioner to grant, with or without modifications or conditions, or deny the
68.30application after a contested case shall constitute a final order for purposes of section 93.50.
68.31EFFECTIVE DATE.This section is effective the day following final enactment and
68.32applies to all pending applications submitted before that date.

69.1    Sec. 59. Minnesota Statutes 2016, section 93.50, is amended to read:
69.293.50 APPEAL.
69.3Any person aggrieved by any final order, ruling, or decision of the commissioner may
69.4appeal obtain judicial review of such order, ruling, or decision in the manner provided in
69.5chapter 14 under sections 14.63 to 14.69.
69.6EFFECTIVE DATE.This section is effective the day following final enactment and
69.7applies to all final orders, rulings, and decisions issued after that date.

69.8    Sec. 60. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
69.9    Subd. 9. Approval by attorney general commissioner. No exchange of class A land
69.10shall be consummated unless the attorney general shall have given an opinion in writing
69.11commissioner determines that the title to the land proposed to be conveyed to the state is
69.12good and marketable, free from all liens and, with all encumbrances identified except
69.13reservations herein authorized. The commissioner may use title insurance to aid in the title
69.14determination. If required by the attorney general commissioner, the landowner shall must
69.15submit an abstract of title and make and file with the commissioner an affidavit as to
69.16possession of the land, improvements, liens, and encumbrances thereon, and other matters
69.17affecting the title.

69.18    Sec. 61. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
69.19    Subd. 9. Approval of county attorney. No exchange of class B land shall be
69.20consummated unless the title to the land proposed to be exchanged therefor shall is first be
69.21approved by the county attorney in like manner as provided for approval by the attorney
69.22general commissioner in case of class A land. The county attorney's opinion on the title
69.23shall be is subject to approval by the attorney general commissioner.

69.24    Sec. 62. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision
69.25to read:
69.26    Subd. 35a. Portable shelter. "Portable shelter" means a fish house, dark house, or other
69.27shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is
69.28disassembled for transportation.

70.1    Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
70.2    Subd. 39. Protected wild animals. "Protected wild animals" are the following wild
70.3animals: means big game, small game, game fish, rough fish, minnows, leeches, alewives,
70.4ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs,
70.5turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal
70.6species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
70.76134, and wild animals that are protected by a restriction in the time or manner of taking,
70.8other than a restriction in the use of artificial lights, poison, or motor vehicles.

70.9    Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
70.10    Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
70.11burbot, cisco, gar, goldeye, and bullhead, except for any fish species listed as endangered,
70.12threatened, or of special concern in Minnesota Rules, chapter 6134.

70.13    Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
70.14    Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
70.15cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel,
70.16long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
70.17wolverine, muskrat, mink, otter, and beaver.

70.18    Sec. 66. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
70.19    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow, blackbird,
70.20starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge,
70.21quail other than bobwhite quail, and mute swan.

70.22    Sec. 67. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
70.23    Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals
70.24that are not protected wild animals including weasel, coyote, plains pocket gopher, porcupine,
70.25striped skunk, and unprotected birds, except any animal species listed as endangered,
70.26threatened, or of special concern in Minnesota Rules, chapter 6134.

70.27    Sec. 68. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
70.28    Subd. 10. Reciprocal agreements on violations. The commissioner, with the approval
70.29of the attorney general, may enter into reciprocal agreements with game and fish authorities
70.30in other states and the United States government to provide for:
71.1(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
71.2for violations of game and fish laws committed in signatory jurisdictions which that result
71.3in license revocation in that jurisdiction;
71.4(2) reporting convictions and license revocations of residents of signatory states for
71.5violations of game and fish laws of Minnesota to game and fish authorities in the
71.6nonresident's state of residence; and
71.7(3) release upon signature without posting of bail for residents of signatory states accused
71.8of game and fish law violations in this state, providing for recovery, in the resident
71.9jurisdiction, of fines levied if the citation is not answered in this state.
71.10As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

71.11    Sec. 69. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read:
71.12    Subd. 2. Receipts. The commissioner of management and budget shall credit to the
71.13game and fish fund all money received under the game and fish laws and all income from
71.14state lands acquired by purchase or gift for game or fish purposes, including receipts from:
71.15(1) licenses and permits issued;
71.16(2) fines and forfeited bail;
71.17(3) sales of contraband, wild animals, and other property under the control of the division,
71.18except as provided in section 97A.225, subdivision 8, clause (2);
71.19(4) fees from advanced education courses for hunters and trappers;
71.20(5) reimbursements of expenditures by the division;
71.21(6) contributions to the division; and
71.22(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e),
71.23clause (1).

71.24    Sec. 70. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read:
71.25    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision,
71.26"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5),
71.27(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
71.288, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
71.29    (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife
71.30trust fund, established in section 97A.4742, for each license issued under section 97A.473,
72.1subdivision 4
, shall be credited to the deer management account and is appropriated to the
72.2commissioner for deer habitat improvement or deer management programs.
72.3    (c) $1 from each annual deer license and each bear license and $1 annually from the
72.4lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued
72.5under section 97A.473, subdivision 4, shall be credited to the deer and bear management
72.6account and is appropriated to the commissioner for deer and bear management programs,
72.7including a computerized licensing system.
72.8    (d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
72.9cervidae health management account and is appropriated for emergency deer feeding and
72.10wild cervidae health management. Money appropriated for emergency deer feeding and
72.11wild cervidae health management is available until expended.
72.12    When the unencumbered balance in the appropriation for emergency deer feeding and
72.13wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
72.14unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
72.15management programs and computerized licensing.
72.16(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
72.17fish and wildlife trust fund established in section 97A.4742, for each license issued under
72.18section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring
72.19account under subdivision 7.
72.20EFFECTIVE DATE.This section is effective July 1 of the year following the year the
72.21wolf is delisted under the federal Endangered Species Act.

72.22    Sec. 71. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read:
72.23    Subd. 5. Portable stands. (a) Prior to the Saturday on or nearest September 16, a portable
72.24stand may be left overnight in a wildlife management area by a person with a valid bear
72.25license who is hunting within 100 yards of a bear bait site that is legally tagged and registered
72.26as prescribed under section 97B.425. Any person leaving a portable stand overnight under
72.27this subdivision must affix a tag with: (1) the person's name and address; (2) the licensee's
72.28driver's license number; or (3) the "MDNR#" license identification number issued to the
72.29licensee. The tag must be affixed to the stand in a manner that it can be read from the ground.
72.30(b) From November 1 through December 31, a portable stand may be left overnight by
72.31a person possessing a license to take deer in a wildlife management area located in whole
72.32or in part north and west of a line described as follows:
73.1State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89;
73.2then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid
73.3Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County
73.4Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County
73.5State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to
73.6Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north
73.7on State Trunk Highway 313 to the north boundary of the state.
73.8A person leaving a portable stand overnight under this paragraph must affix a tag with: (1)
73.9the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
73.10license identification number issued to the licensee. The tag must be affixed to the stand so
73.11that it can be read from the ground and must be made of a material sufficient to withstand
73.12weather conditions. A person leaving a portable stand overnight in a wildlife management
73.13area under this paragraph may not leave more than two portable stands in any one wildlife
73.14management area. Unoccupied portable stands left overnight under this paragraph may be
73.15used by any member of the public. This paragraph expires December 31, 2019.

73.16    Sec. 72. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:
73.17    Subd. 2. Duty of county attorneys and peace officers. County attorneys and All peace
73.18officers must enforce the game and fish laws.

73.19    Sec. 73. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision
73.20to read:
73.21    Subd. 3. Prosecuting authority. County attorneys are the primary prosecuting authority
73.22for violations under section 97A.205, clause (5). Prosecution includes associated civil
73.23forfeiture actions provided by law.

73.24    Sec. 74. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read:
73.25    Subd. 8. Proceeds of sale. After determining the expense The proceeds from the sale
73.26after payment of the costs of seizing, towing, keeping, and selling the property, the
73.27commissioner must pay the and satisfying valid liens from the proceeds according to the
73.28court order. The remaining proceeds against the property must be distributed as follows:
73.29(1) 70 percent of the money or proceeds shall be deposited in the state treasury and
73.30credited to the game and fish fund; and
74.1(2) 30 percent of the money or proceeds is considered a cost of forfeiting the property
74.2and must be forwarded to the prosecuting authority that handled the forfeiture for deposit
74.3as a supplement to its operating fund or similar fund for prosecutorial purposes.

74.4    Sec. 75. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read:
74.5    Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty
74.6of a misdemeanor if that person:
74.7(1) takes, buys, sells, transports or possesses a wild animal in violation of violates the
74.8game and fish laws;
74.9(2) aids or assists in committing the violation;
74.10(3) knowingly shares in the proceeds of the violation;
74.11(4) fails to perform a duty or comply with a requirement of the game and fish laws;
74.12(5) knowingly makes a false statement related to an affidavit regarding a violation or
74.13requirement of the game and fish laws; or
74.14(6) violates or attempts to violate a rule under the game and fish laws.

74.15    Sec. 76. Minnesota Statutes 2016, section 97A.338, is amended to read:
74.1697A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.
74.17(a) A person who takes, possesses, or transports wild animals over the legal limit, in
74.18closed season, or without a valid license, when the restitution value of the wild animals is
74.19over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a
74.20violation under this section paragraph is a gross misdemeanor.
74.21(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or
74.22endangered wild animal, the penalty in paragraph (a) does not apply unless more than one
74.23animal is taken, possessed, or transported in violation of the game and fish laws.

74.24    Sec. 77. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:
74.25    Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license
74.26of a person who unlawfully takes, transports, or possesses wild animals when the restitution
74.27value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
74.28person may not use or obtain any license to take the same type of wild animals involved,
74.29including a duplicate license, until an action is taken under subdivision 6. If the license
74.30seized under this paragraph was for a big game animal, the license seizure applies to all
75.1licenses to take big game issued to the individual. If the license seized under this paragraph
75.2was for small game animals, the license seizure applies to all licenses to take small game
75.3issued to the individual.
75.4(b) In addition to the license seizure under paragraph (a), if the restitution value of the
75.5wild animals unlawfully taken, possessed, or transported is $5,000 $1,000 or more, all other
75.6game and fish licenses held by the person shall be immediately seized. Except as provided
75.7in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
75.8including a duplicate license, until an action is taken under subdivision 6.
75.9(c) A person may not take wild animals covered by a license seized under this subdivision
75.10until an action is taken under subdivision 6.

75.11    Sec. 78. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:
75.12    Subd. 2a. Issuance after conviction; gross overlimits. (a) A person may not obtain a
75.13license to take a wild animal and is prohibited from taking wild animals for ten years after
75.14the date of conviction of a violation when the restitution value of the wild animals is $2,000
75.15or more.
75.16(b) A person may not obtain a license to take a wild animal and is prohibited from taking
75.17wild animals for a period of five years after the date of conviction of:
75.18(1) a violation when the restitution value of the wild animals is $5,000 $1,000 or more,
75.19but less than $2,000; or
75.20(2) a violation when the restitution value of the wild animals exceeds $500 and the
75.21violation occurs within ten years of one or more previous license revocations under this
75.22subdivision.
75.23(b) (c) A person may not obtain a license to take the type of wild animals involved in a
75.24violation when the restitution value of the wild animals exceeds $500 and is prohibited from
75.25taking the type of wild animals involved in the violation for a period of three years after the
75.26date of conviction of a violation.
75.27(c) (d) The time period of multiple revocations under paragraph (a) or (b), clause (2),
75.28shall be are consecutive and no wild animals of any kind may be taken during the entire
75.29revocation period.
75.30(e) If a wild animal involved in the conviction is listed as a threatened or endangered
75.31wild animal, the revocations under this subdivision do not apply unless more than one animal
75.32is taken, possessed, or transported in violation of the game and fish laws.
76.1(d) (f) The court may not stay or reduce the imposition of license revocation provisions
76.2under this subdivision.

76.3    Sec. 79. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read:
76.4    Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to
76.5issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a
76.6resident who is:
76.7(1) blind;
76.8(2) a recipient of Supplemental Security Income for the aged, blind, and disabled;
76.9(3) a recipient of Social Security aid to the disabled under United States Code, title 42,
76.10section 416, paragraph (i)(l), or section 423(d);
76.11(4) a recipient of workers' compensation based on a finding of total and permanent
76.12disability;
76.13(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64;
76.14or
76.15(6) permanently disabled and meets the disability requirements for Supplemental Security
76.16Income or Social Security aid to the disabled under United States Code, title 42, section
76.17416, paragraph (i)(l), or section 423(d);
76.18(7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code,
76.19title 45, section 231a(a)(1)(v); or
76.20(8) a former employee of the United States Postal Service receiving disability pay under
76.21United States Code, title 5, section 8337.
76.22(b) A driver's license or Minnesota identification card bearing the applicable designation
76.23under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license
76.24under this subdivision at all agent locations.

76.25    Sec. 80. Minnesota Statutes 2016, section 97A.473, subdivision 2, is amended to read:
76.26    Subd. 2. Lifetime angling license; fee. (a) A resident lifetime angling license authorizes
76.27a person to take fish by angling in the state. The license authorizes those activities authorized
76.28by the annual resident angling license. The license does not include a trout-and-salmon
76.29stamp validation, a walleye stamp validation, or other stamps required by law.
76.30    (b) The fees for a resident lifetime angling license are:
77.1    (1) age 3 and under, $304 $344;
77.2    (2) age 4 to age 15, $415 $469;
77.3    (3) age 16 to age 50, $508 $574; and
77.4    (4) age 51 and over, $335 $379.
77.5EFFECTIVE DATE.This section is effective March 1, 2018.

77.6    Sec. 81. Minnesota Statutes 2016, section 97A.473, subdivision 2a, is amended to read:
77.7    Subd. 2a. Lifetime spearing license; fee. (a) A resident lifetime spearing license
77.8authorizes a person to take fish by spearing in the state. The license authorizes those activities
77.9authorized by the annual resident spearing license.
77.10    (b) The fees for a resident lifetime spearing license are:
77.11    (1) age 3 and under, $77 $90;
77.12    (2) age 4 to age 15, $106 $124;
77.13    (3) age 16 to age 50, $100 $117; and
77.14    (4) age 51 and over, $52 $61.
77.15EFFECTIVE DATE.This section is effective March 1, 2018.

77.16    Sec. 82. Minnesota Statutes 2016, section 97A.473, subdivision 2b, is amended to read:
77.17    Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime angling
77.18and spearing license authorizes a person to take fish by angling or spearing in the state. The
77.19license authorizes those activities authorized by the annual resident angling and spearing
77.20licenses.
77.21    (b) The fees for a resident lifetime angling and spearing license are:
77.22    (1) age 3 and under, $380 $432;
77.23    (2) age 4 to age 15, $509 $579;
77.24    (3) age 16 to age 50, $596 $678; and
77.25    (4) age 51 and over, $386 $439.
77.26EFFECTIVE DATE.This section is effective March 1, 2018.

78.1    Sec. 83. Minnesota Statutes 2016, section 97A.473, subdivision 4, is amended to read:
78.2    Subd. 4. Lifetime deer-hunting license; fee. (a) A resident lifetime deer-hunting license
78.3authorizes a person to take deer with firearms or by archery in the state. The license
78.4authorizes those activities authorized by the annual resident firearm deer-hunting license
78.5or the annual resident archery deer-hunting license. The licensee must register and receive
78.6tags each year that the license is used. The tags shall be issued at no charge to the licensee.
78.7(b) The fees for a resident lifetime firearm or archery deer-hunting license are:
78.8(1) age 3 and under, $406 $458;
78.9(2) age 4 to age 15, $538 $607;
78.10(3) age 16 to age 50, $656 $741; and
78.11(4) age 51 and over, $468 $528.
78.12EFFECTIVE DATE.This section is effective March 1, 2018.

78.13    Sec. 84. Minnesota Statutes 2016, section 97A.473, subdivision 5, is amended to read:
78.14    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license authorizes
78.15a person to take fish by angling and hunt and trap small game, other than wolves, in the
78.16state. The license authorizes those activities authorized by the annual resident angling and
78.17resident small-game-hunting licenses and the resident trapping license for fur-bearing
78.18animals other than wolves. The license does not include a trout-and-salmon stamp validation,
78.19a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required
78.20by law.
78.21    (b) The fees for a resident lifetime sporting license are:
78.22    (1) age 3 and under, $485 $522;
78.23    (2) age 4 to age 15, $659 $710;
78.24    (3) age 16 to age 50, $861 $927; and
78.25    (4) age 51 and over, $560 $603.
78.26EFFECTIVE DATE.This section is effective March 1, 2018.

78.27    Sec. 85. Minnesota Statutes 2016, section 97A.473, subdivision 5a, is amended to read:
78.28    Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident lifetime
78.29sporting with spearing option license authorizes a person to take fish by angling or spearing
79.1and hunt and trap small game, other than wolves, in the state. The license authorizes those
79.2activities authorized by the annual resident angling, spearing, and resident
79.3small-game-hunting licenses and the resident trapping license for fur-bearing animals other
79.4than wolves. The license does not include a trout-and-salmon stamp validation, a turkey
79.5stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
79.6(b) The fees for a resident lifetime sporting with spearing option license are:
79.7(1) age 3 and under, $562 $612;
79.8(2) age 4 to age 15, $765 $833;
79.9(3) age 16 to age 50, $961 $1,046; and
79.10(4) age 51 and over, $612 $666.
79.11EFFECTIVE DATE.This section is effective March 1, 2018.

79.12    Sec. 86. Minnesota Statutes 2016, section 97A.474, subdivision 2, is amended to read:
79.13    Subd. 2. Nonresident lifetime angling license; fee. (a) A nonresident lifetime angling
79.14license authorizes a person to take fish by angling in the state. The license authorizes those
79.15activities authorized by the annual nonresident angling license. The license does not include
79.16a trout-and-salmon stamp validation, a walleye stamp validation, or other stamps required
79.17by law.
79.18    (b) The fees for a nonresident lifetime angling license are:
79.19    (1) age 3 and under, $726 $821;
79.20    (2) age 4 to age 15, $925 $1,046;
79.21    (3) age 16 to age 50, $1,054 $1,191; and
79.22    (4) age 51 and over, $702 $794.
79.23EFFECTIVE DATE.This section is effective March 1, 2018.

79.24    Sec. 87. Minnesota Statutes 2016, section 97A.475, subdivision 2, is amended to read:
79.25    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
79.26only, are:
79.27    (1) for persons age 18 or over and under age 65 to take small game, $15.50;
79.28    (2) for persons age 65 or over, $7 to take small game;
79.29    (3) for persons age 18 or over to take turkey, $26;
80.1    (4) for persons age 13 or over and under age 18 to take turkey, $5;
80.2    (5) for persons age 18 or over to take deer with firearms during the regular firearms
80.3season, $30 $34;
80.4    (6) for persons age 18 or over to take deer by archery, $30 $34;
80.5    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
80.6season, $30 $34;
80.7    (8) to take moose, for a party of not more than six persons, $356;
80.8    (9) for persons age 18 or over to take bear, $44;
80.9    (10) to take elk, for a party of not more than two persons, $287;
80.10    (11) to take Canada geese during a special season, $4;
80.11    (12) to take prairie chickens, $23;
80.12    (13) for persons age 13 or over and under age 18 to take deer with firearms during the
80.13regular firearms season, $5;
80.14    (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
80.15    (15) for persons age 13 or over and under age 18 to take deer by muzzleloader during
80.16the muzzleloader season, $5;
80.17(16) for persons age 10, 11, or 12 to take bear, no fee;
80.18(17) for persons age 13 or over and under age 18 to take bear, $5;
80.19(18) for persons age 18 or over to take small game for a consecutive 72-hour period
80.20selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
80.21migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
80.22waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
80.23the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
80.24pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
80.25of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition
80.26account;
80.27(19) for persons age 16 or over and under age 18 to take small game, $5;
80.28(20) to take wolf, $30;
80.29(21) for persons age 12 and under to take turkey, no fee;
80.30(22) for persons age 10, 11, or 12 to take deer by firearm, no fee;
81.1(23) for persons age 10, 11, or 12 to take deer by archery, no fee; and
81.2(24) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader
81.3season, no fee.
81.4EFFECTIVE DATE.This section is effective March 1, 2018.

81.5    Sec. 88. Minnesota Statutes 2016, section 97A.475, subdivision 3, is amended to read:
81.6    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued to
81.7nonresidents, are:
81.8    (1) for persons age 18 or over to take small game, $90.50;
81.9    (2) for persons age 18 or over to take deer with firearms during the regular firearms
81.10season, $160 $180;
81.11    (3) for persons age 18 or over to take deer by archery, $160 $180;
81.12    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
81.13season, $160 $180;
81.14    (5) for persons age 18 or over to take bear, $225;
81.15    (6) for persons age 18 or over to take turkey, $91;
81.16    (7) for persons age 13 or over and under age 18 to take turkey, $5;
81.17    (8) to take raccoon or bobcat, $178;
81.18    (9) to take Canada geese during a special season, $4;
81.19    (10) for persons age 13 or over and under age 18 to take deer with firearms during the
81.20regular firearms season in any open season option or time period, $5;
81.21    (11) for persons age 13 or over and under age 18 to take deer by archery, $5;
81.22    (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
81.23season, $5;
81.24(13) for persons age 13 or over and under 18 to take bear, $5;
81.25(14) for persons age 18 or over to take small game for a consecutive 72-hour period
81.26selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
81.27migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
81.28waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
81.29the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
81.30pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
82.1of the small-game surcharge under subdivision 4, shall be deposited into the wildlife
82.2acquisition account;
82.3(15) for persons age 16 or 17 to take small game, $5;
82.4(16) to take wolf, $250;
82.5(17) for persons age 12 and under to take turkey, no fee;
82.6(18) for persons age ten, 11, or 12 to take deer by firearm, no fee;
82.7(19) for persons age ten, 11, or 12 to take deer by archery, no fee;
82.8(20) for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader
82.9season, no fee; and
82.10(21) for persons age 10, 11, or 12 to take bear, no fee.
82.11    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph
82.12(a), clauses (1) to (6) and (8). An additional commission may not be assessed on this
82.13surcharge.
82.14EFFECTIVE DATE.This section is effective March 1, 2018.

82.15    Sec. 89. Minnesota Statutes 2016, section 97A.475, subdivision 6, is amended to read:
82.16    Subd. 6. Resident fishing. Fees for the following licenses, to be issued to residents only,
82.17are:
82.18(1) for persons age 18 or over to take fish by angling, $22 $25;
82.19(2) for persons age 18 or over to take fish by angling, for a combined license for a married
82.20couple, $35 $40;
82.21(3) for persons age 18 or over to take fish by spearing from a dark house, $5 $6, and the
82.22person must possess an angling license;
82.23(4) for persons age 18 or over to take fish by angling for a 24-hour period selected by
82.24the licensee, $10 $12;
82.25(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
82.26selected by the licensee, $12 $14;
82.27(6) for persons age 18 or over to take fish by angling for three consecutive years, $63
82.28$71; and
82.29(7) for persons age 16 or over and under age 18 to take fish by angling, $5.
83.1EFFECTIVE DATE.This section is effective March 1, 2018.

83.2    Sec. 90. Minnesota Statutes 2016, section 97A.475, subdivision 7, is amended to read:
83.3    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued to
83.4nonresidents, are:
83.5    (1) for persons age 18 or over to take fish by angling, $40 $46;
83.6    (2) for persons age 18 or over to take fish by angling limited to seven consecutive days
83.7selected by the licensee, $33 $38;
83.8    (3) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
83.9selected by the licensee, $27 $31;
83.10    (4) for persons age 18 or over to take fish by angling for a combined license for a family
83.11for one or both parents and dependent children under the age of 16, $55 $63;
83.12    (5) for persons age 18 or over to take fish by angling for a 24-hour period selected by
83.13the licensee, $12 $14;
83.14    (6) to take fish by angling for a combined license for a married couple, limited to 14
83.15consecutive days selected by one of the licensees, $43 $49;
83.16(7) for persons age 18 or over to take fish by spearing from a dark house, $10 $12, and
83.17the person must possess an angling license; and
83.18(8) for persons age 16 or over and under age 18 to take fish by angling, $5.
83.19    (b) A $5 surcharge shall be added to all nonresident fishing licenses, except licenses
83.20issued under paragraph (a), clauses (5) and (8). An additional commission may not be
83.21assessed on this surcharge.
83.22EFFECTIVE DATE.This section is effective March 1, 2018.

83.23    Sec. 91. Minnesota Statutes 2016, section 97A.475, subdivision 8, is amended to read:
83.24    Subd. 8. Minnesota sporting; supersports. (a) The commissioner shall issue Minnesota
83.25sporting licenses to residents only. The licensee may take fish by angling and small game.
83.26The fee for the license is:
83.27(1) for an individual, $31.50 $34.50; and
83.28(2) for a combined license for a married couple to take fish and for one spouse to take
83.29small game, $45.50 $50.50.
84.1(b) The commissioner shall issue Minnesota supersports licenses to residents only. The
84.2licensee may take fish by angling, including trout; small game, including pheasant and
84.3waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the supersports
84.4license, including all required stamp validations is:
84.5(1) for an individual age 18 or over, $86.50 $93.50; and
84.6(2) for a combined license for a married couple to take fish, including the
84.7trout-and-salmon stamp validation, and for one spouse to take small game, including pheasant
84.8and waterfowl, and deer, $110.50 $119.50.
84.9(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according
84.10to section 97A.075, subdivisions 2, 3, and 4.
84.11(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
84.12according to section 97A.075, subdivision 1.
84.13EFFECTIVE DATE.This section is effective March 1, 2018.

84.14    Sec. 92. Minnesota Statutes 2016, section 97A.475, subdivision 45, is amended to read:
84.15    Subd. 45. Camp Ripley archery deer hunt. The application fee for the Camp Ripley
84.16archery deer hunt is $12 $14.
84.17EFFECTIVE DATE.This section is effective March 1, 2018.

84.18    Sec. 93. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:
84.19    Subd. 6. Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with
84.20a scope to take deer during the muzzleloader season. The scope may have magnification
84.21capabilities.

84.22    Sec. 94. Minnesota Statutes 2016, section 97B.071, is amended to read:
84.2397B.071 BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE
84.24OR BLAZE PINK.
84.25    (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or
84.26trap during the open season where deer may be taken by firearms under applicable laws and
84.27ordinances, unless the visible portion of the person's cap and outer clothing above the waist,
84.28excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink
84.29includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each
85.1foot square. This section does not apply to migratory-waterfowl hunters on waters of this
85.2state or in a stationary shooting location or to trappers on waters of this state.
85.3    (b) Except as provided in rules adopted under paragraph (c), and in addition to the
85.4requirement in paragraph (a), a person may not take small game other than turkey, migratory
85.5birds, raccoons, and predators, except while trapping, unless a visible portion of at least one
85.6article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph
85.7does not apply to a person when in a stationary location while hunting deer by archery or
85.8when hunting small game by falconry.
85.9    (c) The commissioner may, by rule, prescribe an alternative color in cases where
85.10paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
85.11Law 103-141.
85.12    (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by
85.13a safety warning.

85.14    Sec. 95. Minnesota Statutes 2016, section 97B.405, is amended to read:
85.1597B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
85.16    (a) The commissioner may limit the number of persons that may hunt bear in an area,
85.17if it is necessary to prevent an overharvest or improve the distribution of hunters. The
85.18commissioner may establish, by rule, a method, including a drawing, to impartially select
85.19the hunters for an area. The commissioner shall give preference to hunters that have
85.20previously applied and have not been selected.
85.21(b) If the commissioner limits the number of persons that may hunt bear in an area under
85.22paragraph (a), the commissioner must reserve one permit and give first preference for that
85.23permit to a resident of a Minnesota veterans home.
85.24    (b) (c) A person selected through a drawing must purchase a license by August 1. Any
85.25remaining available licenses not purchased shall be issued to any eligible person as prescribed
85.26by the commissioner on a first-come, first-served basis beginning three business days after
85.27August 1.

85.28    Sec. 96. Minnesota Statutes 2016, section 97B.431, is amended to read:
85.2997B.431 BEAR-HUNTING OUTFITTERS.
85.30    (a) A person may not place bait for bear, or guide hunters to take bear, for compensation
85.31without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a
86.1license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
86.2shall adopt rules for qualifications for issuance and administration of the licenses.
86.3    (b) The commissioner shall establish a resident master bear-hunting-outfitter license
86.4under which one person serves as the bear-hunting outfitter and one other person is eligible
86.5to guide and bait bear. Additional persons may be added to the license and are eligible to
86.6guide and bait bear under the license, provided the additional fee under section 97A.475,
86.7subdivision 16
, is paid for each person added. The commissioner shall adopt rules for
86.8qualifications for issuance and administration of the licenses. The commissioner must not
86.9require a person to have certification or training in first aid or CPR to be eligible for a license
86.10under this section.

86.11    Sec. 97. Minnesota Statutes 2016, section 97B.516, is amended to read:
86.1297B.516 ELK MANAGEMENT PLAN.
86.13(a) The commissioner of natural resources must adopt an elk management plan that:
86.14(1) recognizes the value and uniqueness of elk;
86.15(2) provides for integrated management of an elk population in harmony with the
86.16environment; and
86.17(3) affords optimum recreational opportunities.
86.18(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
86.19Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
86.20of the herd, including adoption or implementation of an elk management plan designed to
86.21increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
86.22damages paid under section 3.7371 and attributed to the herd have not increased for at least
86.23two years.
86.24(c) At least 60 days prior to implementing a plan to increase an elk herd, the
86.25commissioners of natural resources and agriculture must hold a joint public meeting in the
86.26county where the elk herd to be increased is located. At the meeting, the commissioners
86.27must present evidence that crop and fence damages have not increased in the prior two years
86.28and must detail the practices that will be used to reduce elk conflicts with area landowners.

86.29    Sec. 98. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
86.30    Subdivision 1. Owners and occupants may take certain animals. A person or the
86.31person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit,
87.1hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
87.2person where the animal is causing damage. The person or the person's agent may take the
87.3animal without a license and in any manner except by poison, or artificial lights in the closed
87.4season or by poison. Raccoons may be taken under this subdivision with artificial lights
87.5during open season. A person that or the person's agent who kills mink, raccoon, bobcat,
87.6fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
87.7or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

87.8    Sec. 99. Minnesota Statutes 2016, section 97C.081, subdivision 3, is amended to read:
87.9    Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person must
87.10have a permit from the commissioner to conduct a fishing contest if:
87.11(1) there are more than 25 boats for open water contests, more than 150 participants for
87.12ice fishing contests, or more than 100 participants for shore fishing contests;
87.13(2) entry fees are more than $25 per person; or
87.14(3) the contest is limited to trout species.
87.15(b) The commissioner shall charge a fee for the permit that recovers the costs of issuing
87.16the permit and of monitoring the activities allowed by the permit. Notwithstanding section
87.1716A.1283 , the commissioner may, by written order published in the State Register, establish
87.18contest permit fees. The fees are not subject to the rulemaking provisions of chapter 14 and
87.19section 14.386 does not apply.
87.20    (c) The commissioner may require the applicant to furnish evidence of financial
87.21responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
87.22if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
87.23if the applicant has either:
87.24    (1) not previously conducted a fishing contest requiring a permit under this subdivision;
87.25or
87.26    (2) ever failed to make required prize awards in a fishing contest conducted by the
87.27applicant.
87.28    (d) The permit fee for any individual contest may not exceed the following amounts:
87.29    (1) $60 $70 for an open water contest not exceeding 50 boats and without off-site
87.30weigh-in;
87.31    (2) $200 $225 for an open water contest with more than 50 boats and without off-site
87.32weigh-in;
88.1    (3) $250 $280 for an open water contest not exceeding 50 boats with off-site weigh-in;
88.2    (4) $500 $560 for an open water contest with more than 50 boats with off-site weigh-in;
88.3or
88.4    (5) $120 $135 for an ice fishing contest with more than 150 participants.
88.5EFFECTIVE DATE.This section is effective March 1, 2018.

88.6    Sec. 100. Minnesota Statutes 2016, section 97C.355, subdivision 2, is amended to read:
88.7    Subd. 2. License required. (a) A person may not leave place a dark house, fish house,
88.8or shelter unattended, except a portable shelter, on the ice at any time between midnight
88.9and one hour before sunrise unless:
88.10(1) the house or shelter is licensed; and
88.11(2) has the license tag attached to the exterior in a readily visible location, except as
88.12provided in this subdivision.
88.13(b) The commissioner must issue a tag with a dark house, fish house, or shelter license,
88.14marked with a number to correspond with the license and the year of issue. A dark house,
88.15fish house, or shelter license is not required of a resident on boundary waters where the
88.16adjacent state does not charge a fee for the same activity.

88.17    Sec. 101. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read:
88.18    Subd. 2a. Portable shelters. (a) A person using a portable shelter that is not identified
88.19under subdivision 1 may not leave the portable shelter unattended between midnight and
88.20sunrise and must remain within 200 feet of the shelter while the shelter is on the ice of state
88.21waters.
88.22(b) If a person leaves the portable shelter unattended any time between midnight and
88.23one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter
88.24must be licensed as provided under subdivision 2.

88.25    Sec. 102. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
88.26    Subd. 2. Walleye; northern pike. (a) Except as provided in paragraph (b), A person
88.27may have no more than one walleye larger than 20 inches and one northern pike larger than
88.2830 inches in possession. This subdivision does not apply to boundary waters.
88.29    (b) The restrictions in paragraph (a) do not apply to boundary waters.

89.1    Sec. 103. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:
89.2    Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without
89.3a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
89.4person must purchase a minnow retailer license for each minnow retail outlet operated,
89.5except as provided by subdivision 2, paragraph (d).
89.6(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
89.7vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
89.8retailer's place of business, except as provided in subdivision 3. A minnow retailer is not
89.9required to obtain a minnow retailer's vehicle license:
89.10(1) as provided in subdivision 3;
89.11(2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
89.12minnows purchased from a minnow dealer's place of business directly to the resort, possesses
89.13a detailed receipt, including the date and time of purchase, and presents the receipt and
89.14minnows for inspection upon request; or
89.15(3) if minnows are being transported by common carrier and information is provided
89.16that allows the commissioner to find out the location of the shipment in the state.

89.17    Sec. 104. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
89.18to read:
89.19    Subd. 7. Harvesting mussel shells. Live mussels may not be harvested. A person
89.20possessing a valid resident or nonresident angling license or a person not required to have
89.21an angling license to take fish may take and possess at any time, for personal use only, not
89.22more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
89.23be harvested in waters of the state where fish may be taken by angling. Mussel shells must
89.24be harvested by hand-picking only and may not be purchased or sold.

89.25    Sec. 105. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read:
89.26    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
89.27the meanings given them.
89.28(b) "Board" means the Board of Water and Soil Resources.
89.29(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants
89.30and noxious weeds, adjacent to all bodies of water within the state and that protects the
90.1water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and
90.2protects or provides riparian corridors.
90.3(d) "Buffer protection map" means buffer maps established and maintained by the
90.4commissioner of natural resources.
90.5(e) "Commissioner" means the commissioner of natural resources.
90.6(f) "Executive director" means the executive director of the Board of Water and Soil
90.7Resources.
90.8(g) "Local water management authority" means a watershed district, metropolitan water
90.9management organization, or county operating separately or jointly in its role as local water
90.10management authority under chapter 103B or 103D.
90.11(h) "Normal water level" means the level evidenced by the long-term presence of surface
90.12water as indicated directly by hydrophytic plants or hydric soils or indirectly determined
90.13via hydrological models or analysis.
90.14(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term
90.15means public waters as used in this section applies to waters that are on the public waters
90.16inventory as provided in section 103G.201.
90.17(j) "With jurisdiction" means a board determination that the county or watershed district
90.18has adopted a rule, ordinance, or official controls providing procedures for the issuance of
90.19administrative penalty orders, enforcement, and appeals for purposes of this section and
90.20section 103B.101, subdivision 12a.

90.21    Sec. 106. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read:
90.22    Subd. 3. Water resources riparian protection requirements on public waters and
90.23public drainage systems. (a) Except as provided in paragraph (b), landowners owning
90.24property adjacent to a water body identified and mapped on a buffer protection map must
90.25maintain a buffer to protect the state's water resources as follows:
90.26(1) for all public waters, the more restrictive of:
90.27(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially
90.28rooted vegetation; or
90.29(ii) the state shoreland standards and criteria adopted by the commissioner under section
90.30103F.211 ; and
91.1(2) for public drainage systems established under chapter 103E , a 16.5-foot minimum
91.2width continuous buffer as provided in section 103E.021, subdivision 1. The buffer vegetation
91.3shall not impede future maintenance of the ditch.
91.4(b) A landowner owning property adjacent to a water body identified in a buffer protection
91.5map and whose property is used for cultivation farming may meet the requirements under
91.6paragraph (a) by adopting an alternative riparian water quality practice, or combination of
91.7structural, vegetative, and management practices, based on the Natural Resources
91.8Conservation Service Field Office Technical Guide or, common alternative practices adopted
91.9and published by the board, other practices approved by the board, or practices based on
91.10local conditions approved by the local soil and water conservation district that are consistent
91.11with the Field Office Technical Guide, that provide water quality protection comparable to
91.12the buffer protection for the water body that the property abuts. Included in these practices
91.13are retention ponds and alternative measures that prevent overland flow to the water resource.
91.14(c) The width of a buffer on public waters must be measured from the top or crown of
91.15the bank. Where there is no defined bank, measurement must be from the edge of the normal
91.16water level. The width of the buffer on public drainage systems must be measured as provided
91.17in section 103E.021, subdivision 1.
91.18(d) Upon request by a landowner or authorized agent or operator of a landowner, a
91.19technical professional employee or contractor of the soil and water conservation district or
91.20its delegate may issue a validation of compliance with the requirements of this subdivision.
91.21The soil and water conservation district validation may be appealed to the board as described
91.22in subdivision 9.
91.23(e) Buffers or alternative water quality practices required under paragraph (a) or (b)
91.24must be in place on or before:
91.25(1) November 1, 2017, for public waters; and
91.26(2) November 1, 2018, for public drainage systems.
91.27(f) Nothing in this section limits the eligibility of a landowner or authorized agent or
91.28operator of a landowner to participate in federal or state conservation programs, including
91.29enrolling or reenrolling in federal conservation programs.
91.30(g) After the effective date of this section, a person planting buffers or water quality
91.31protection practices to meet the requirements in paragraph (a) must use only seed mixes
91.32verified by the Department of Agriculture as consistent with chapter 18G or 21 to prevent
91.33contamination with Palmer amaranth or other noxious weed seeds.
92.1EFFECTIVE DATE.This section is effective the day following final enactment.

92.2    Sec. 107. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
92.3to read:
92.4    Subd. 8a. Constructed management facilities for storm water. "Constructed
92.5management facilities for storm water" means ponds, basins, holding tanks, cisterns,
92.6infiltration trenches and swales, or other best management practices that have been designed,
92.7constructed, and operated to store or treat storm water in accordance with local, state, or
92.8federal requirements.

92.9    Sec. 108. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to
92.10read:
92.11    Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a
92.12county or, watershed, or, for purposes of wetland replacement, bank service area where 80
92.13percent or more of the presettlement wetland acreage is intact and:
92.14(1) ten percent or more of the current total land area is wetland; or
92.15(2) 50 percent or more of the current total land area is state or federal land.
92.16EFFECTIVE DATE.This section is effective the day following final enactment.

92.17    Sec. 109. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to
92.18read:
92.19    Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county or,
92.20watershed, or, for purposes of wetland replacement, bank service area with less than 50
92.21percent of the presettlement wetland acreage intact or any county or, watershed, or bank
92.22service area not defined as a "greater than 80 percent area" or "50 to 80 percent area."
92.23EFFECTIVE DATE.This section is effective the day following final enactment.

92.24    Sec. 110. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:
92.25    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or
92.26partially, unless replaced by actions that provide at least equal public value under a
92.27replacement plan approved as provided in section 103G.2242, a replacement plan under a
92.28local governmental unit's comprehensive wetland protection and management plan approved
92.29by the board under section 103G.2243, or, if a permit to mine is required under section
92.3093.481 , under a mining reclamation plan approved by the commissioner under the permit
93.1to mine. Project-specific wetland replacement plans submitted as part of a project for which
93.2a permit to mine is required and approved by the commissioner on or after July 1, 1991,
93.3may include surplus wetland credits to be allocated by the commissioner to offset future
93.4mining-related wetland impacts under any permits to mine held by the permittee, the operator,
93.5the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
93.6assignment under section 93.481, subdivision 5. For project-specific wetland replacement
93.7completed prior to wetland impacts authorized or conducted under a permit to mine within
93.8the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
93.9watershed for purposes of determining wetland replacement ratios. Mining reclamation
93.10plans shall apply the same principles and standards for replacing wetlands that are applicable
93.11to mitigation plans approved as provided in section 103G.2242. The commissioner must
93.12provide notice of an application for wetland replacement under a permit to mine to the
93.13county in which the impact is proposed and the county in which a mitigation site is proposed.
93.14Public value must be determined in accordance with section 103B.3355 or a comprehensive
93.15wetland protection and management plan established under section 103G.2243. Sections
93.16103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
93.17flooded areas of types 3, 4, and 5 wetlands.
93.18    (b) Replacement must be guided by the following principles in descending order of
93.19priority:
93.20    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
93.21the wetland;
93.22    (2) minimizing the impact by limiting the degree or magnitude of the wetland activity
93.23and its implementation;
93.24    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
93.25environment;
93.26    (4) reducing or eliminating the impact over time by preservation and maintenance
93.27operations during the life of the activity;
93.28    (5) compensating for the impact by restoring a wetland; and
93.29    (6) compensating for the impact by replacing or providing substitute wetland resources
93.30or environments.
93.31    For a project involving the draining or filling of wetlands in an amount not exceeding
93.3210,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
94.1paragraph (a), the local government unit may make an on-site sequencing determination
94.2without a written alternatives analysis from the applicant.
94.3    (c) If a wetland is located in a cultivated field, then replacement must be accomplished
94.4through restoration only without regard to the priority order in paragraph (b), provided that
94.5the altered wetland is not converted to a nonagricultural use for at least ten years.
94.6    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
94.7subdivision 2
, paragraph (b) or (e), the local government unit may require a deed restriction
94.8that prohibits nonagricultural use for at least ten years. The local government unit may
94.9require the deed restriction if it determines the wetland area drained is at risk of conversion
94.10to a nonagricultural use within ten years based on the zoning classification, proximity to a
94.11municipality or full service road, or other criteria as determined by the local government
94.12unit.
94.13    (e) Restoration and replacement of wetlands must be accomplished in accordance with
94.14the ecology of the landscape area affected and ponds that are created primarily to fulfill
94.15storm water management, and water quality treatment requirements may not be used to
94.16satisfy replacement requirements under this chapter unless the design includes pretreatment
94.17of runoff and the pond is functioning as a wetland.
94.18    (f) Except as provided in paragraph (g), for a wetland or public waters wetland located
94.19on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
94.20for each acre of drained or filled wetland.
94.21    (g) For a wetland or public waters wetland located on agricultural land or in a greater
94.22than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
94.23each acre of drained or filled wetland.
94.24    (h) Wetlands that are restored or created as a result of an approved replacement plan are
94.25subject to the provisions of this section for any subsequent drainage or filling.
94.26    (i) Except in a greater than 80 percent area, only wetlands that have been restored from
94.27previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
94.28wetlands created by dikes or dams along public or private drainage ditches, or wetlands
94.29created by dikes or dams associated with the restoration of previously drained or filled
94.30wetlands may be used for wetland replacement according to rules adopted under section
94.31103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally occurring
94.32wetlands from one type to another are not eligible for wetland replacement.
95.1    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
95.22
, shall ensure that sufficient time has occurred for the wetland to develop wetland
95.3characteristics of soils, vegetation, and hydrology before recommending that the wetland
95.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
95.5to believe that the wetland characteristics may change substantially, the panel shall postpone
95.6its recommendation until the wetland has stabilized.
95.7    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply
95.8to the state and its departments and agencies.
95.9    (l) For projects involving draining or filling of wetlands associated with a new public
95.10transportation project, and for projects expanded solely for additional traffic capacity, public
95.11transportation authorities may purchase credits from the board at the cost to the board to
95.12establish credits. Proceeds from the sale of credits provided under this paragraph are
95.13appropriated to the board for the purposes of this paragraph. For the purposes of this
95.14paragraph, "transportation project" does not include an airport project.
95.15    (m) A replacement plan for wetlands is not required for individual projects that result
95.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
95.17replacement of a currently serviceable existing state, city, county, or town public road
95.18necessary, as determined by the public transportation authority, to meet state or federal
95.19design or safety standards or requirements, excluding new roads or roads expanded solely
95.20for additional traffic capacity lanes. This paragraph only applies to authorities for public
95.21transportation projects that:
95.22    (1) minimize the amount of wetland filling or draining associated with the project and
95.23consider mitigating important site-specific wetland functions on site;
95.24    (2) except as provided in clause (3), submit project-specific reports to the board, the
95.25Technical Evaluation Panel, the commissioner of natural resources, and members of the
95.26public requesting a copy at least 30 days prior to construction that indicate the location,
95.27amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
95.28an annual meeting of the parties required to receive notice to review projects to be
95.29commenced during the upcoming year; and
95.30    (3) for minor and emergency maintenance work impacting less than 10,000 square feet,
95.31submit project-specific reports, within 30 days of commencing the activity, to the board
95.32that indicate the location, amount, and type of wetlands that have been filled or drained.
95.33    Those required to receive notice of public transportation projects may appeal
95.34minimization, delineation, and on-site mitigation decisions made by the public transportation
96.1authority to the board according to the provisions of section 103G.2242, subdivision 9. The
96.2Technical Evaluation Panel shall review minimization and delineation decisions made by
96.3the public transportation authority and provide recommendations regarding on-site mitigation
96.4if requested to do so by the local government unit, a contiguous landowner, or a member
96.5of the Technical Evaluation Panel.
96.6    Except for state public transportation projects, for which the state Department of
96.7Transportation is responsible, the board must replace the wetlands, and wetland areas of
96.8public waters if authorized by the commissioner or a delegated authority, drained or filled
96.9by public transportation projects on existing roads.
96.10    Public transportation authorities at their discretion may deviate from federal and state
96.11design standards on existing road projects when practical and reasonable to avoid wetland
96.12filling or draining, provided that public safety is not unreasonably compromised. The local
96.13road authority and its officers and employees are exempt from liability for any tort claim
96.14for injury to persons or property arising from travel on the highway and related to the
96.15deviation from the design standards for construction or reconstruction under this paragraph.
96.16This paragraph does not preclude an action for damages arising from negligence in
96.17construction or maintenance on a highway.
96.18    (n) If a landowner seeks approval of a replacement plan after the proposed project has
96.19already affected the wetland, the local government unit may require the landowner to replace
96.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.
96.21    (o) A local government unit may request the board to reclassify a county or watershed
96.22on the basis of its percentage of presettlement wetlands remaining. After receipt of
96.23satisfactory documentation from the local government, the board shall change the
96.24classification of a county or watershed. If requested by the local government unit, the board
96.25must assist in developing the documentation. Within 30 days of its action to approve a
96.26change of wetland classifications, the board shall publish a notice of the change in the
96.27Environmental Quality Board Monitor.
96.28    (p) One hundred citizens who reside within the jurisdiction of the local government unit
96.29may request the local government unit to reclassify a county or watershed on the basis of
96.30its percentage of presettlement wetlands remaining. In support of their petition, the citizens
96.31shall provide satisfactory documentation to the local government unit. The local government
96.32unit shall consider the petition and forward the request to the board under paragraph (o) or
96.33provide a reason why the petition is denied.
96.34EFFECTIVE DATE.This section is effective retroactively from July 1, 1991.

97.1    Sec. 111. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:
97.2    Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to Impacted
97.3wetlands outside of a greater than 80 percent area must not be replaced in a 50 to greater
97.4than 80 percent area or in a less than 50 percent area. Impacted wetlands in a less than 50
97.5percent area must be replaced in a less than 50 percent area. All wetland replacement must
97.6follow this priority order:
97.7    (1) on site or in the same minor watershed as the impacted wetland;
97.8    (2) in the same watershed as the impacted wetland;
97.9    (3) in the same county or wetland bank service area as the impacted wetland; and
97.10    (4) in another wetland bank service area.
97.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
97.12complete wetland banking application submitted to a local government unit by April 1,
97.131996, may be used to replace wetland impacts resulting from public transportation projects
97.14statewide.
97.15    (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
97.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
97.17section 103G.2242, subdivision 1.
97.18    (d) When reasonable, practicable, and environmentally beneficial replacement
97.19opportunities are not available in siting priorities listed in paragraph (a), the applicant may
97.20seek opportunities at the next level.
97.21    (e) For the purposes of this section, "reasonable, practicable, and environmentally
97.22beneficial replacement opportunities" are defined as opportunities that:
97.23    (1) take advantage of naturally occurring hydrogeomorphological conditions and require
97.24minimal landscape alteration;
97.25    (2) have a high likelihood of becoming a functional wetland that will continue in
97.26perpetuity;
97.27    (3) do not adversely affect other habitat types or ecological communities that are
97.28important in maintaining the overall biological diversity of the area; and
97.29    (4) are available and capable of being done after taking into consideration cost, existing
97.30technology, and logistics consistent with overall project purposes.
98.1    (f) Regulatory agencies, local government units, and other entities involved in wetland
98.2restoration shall collaborate to identify potential replacement opportunities within their
98.3jurisdictional areas.
98.4    (g) The board must establish wetland replacement ratios and wetland bank service area
98.5priorities to implement the siting and targeting of wetland replacement and encourage the
98.6use of high priority areas for wetland replacement.
98.7(h) Wetland replacement sites identified in accordance with the priority order for
98.8replacement siting in paragraph (a) as part of the completion of an adequate environmental
98.9impact statement may be approved for a replacement plan under section 93.481, 103G.2242,
98.10or 103G.2243 without further modification related to the priority order, notwithstanding
98.11availability of new mitigation sites or availability of credits after completion of an adequate
98.12environmental impact statement. Wetland replacement plan applications must be submitted
98.13within one year of the adequacy determination of the environmental impact statement to be
98.14eligible for approval under this paragraph.
98.15EFFECTIVE DATE.This section is effective the day following final enactment.

98.16    Sec. 112. Minnesota Statutes 2016, section 103G.223, is amended to read:
98.17103G.223 CALCAREOUS FENS.
98.18(a) Calcareous fens, as identified by the commissioner by written order published in the
98.19State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
98.20any activity, unless the commissioner, under an approved management plan, decides some
98.21alteration is necessary or as provided in paragraph (b). Identifications made by the
98.22commissioner are not subject to the rulemaking provisions of chapter 14 and section 14.386
98.23does not apply.
98.24(b) The commissioner may allow water appropriations that result in temporary reductions
98.25in groundwater resources on a seasonal basis under an approved calcareous fen management
98.26plan.

98.27    Sec. 113. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read:
98.28    Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt
98.29rules governing the approval of wetland value replacement plans under this section and
98.30public-waters-work permits affecting public waters wetlands under section 103G.245. These
98.31rules must address the criteria, procedure, timing, and location of acceptable replacement
98.32of wetland values and may address the state establishment and administration of a wetland
99.1banking program for public and private projects, including provisions for an in-lieu fee
99.2program; the administrative, monitoring, and enforcement procedures to be used; and a
99.3procedure for the review and appeal of decisions under this section. In the case of peatlands,
99.4the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
99.5established by the board must conform with Code of Federal Regulations, title 33, section
99.6332.8, as amended.
99.7(b) After the adoption of the rules, a replacement plan must be approved by a resolution
99.8of the governing body of the local government unit, consistent with the provisions of the
99.9rules or a comprehensive wetland protection and management plan approved under section
99.10103G.2243 .
99.11(c) If the local government unit fails to apply the rules, or fails to implement a local
99.12comprehensive wetland protection and management plan established under section
99.13103G.2243 , the government unit is subject to penalty as determined by the board.
99.14(d) When making a determination under rules adopted pursuant to this subdivision on
99.15whether a rare natural community will be permanently adversely affected, consideration of
99.16measures to mitigate any adverse effect on the community must be considered.

99.17    Sec. 114. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:
99.18    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type
99.19of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
99.20on-site inspection. The Technical Evaluation Panel shall be composed of a technical
99.21professional employee of the board, a technical professional employee of the local soil and
99.22water conservation district or districts, a technical professional with expertise in water
99.23resources management appointed by the local government unit, and a technical professional
99.24employee of the Department of Natural Resources for projects affecting public waters or
99.25wetlands adjacent to public waters. The panel shall use the "United States Army Corps of
99.26Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary
99.27guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and
99.28Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater
99.29Habitats of the United States" (1979 edition). The panel shall provide the wetland
99.30determination and recommendations on other technical matters to the local government unit
99.31that must approve a replacement plan, sequencing, exemption determination, no-loss
99.32determination, or wetland boundary or type determination and may recommend approval
99.33or denial of the plan. The authority must consider and include the decision of the Technical
99.34Evaluation Panel in their approval or denial of a plan or determination.
100.1(b) A member of the Technical Evaluation Panel that has a financial interest in a wetland
100.2bank or management responsibility to sell or make recommendations in their official capacity
100.3to sell credits from a publicly owned wetland bank must disclose that interest, in writing,
100.4to the Technical Evaluation Panel and the local government unit.
100.5    (b) (c) Persons conducting wetland or public waters boundary delineations or type
100.6determinations are exempt from the requirements of chapter 326. The board may develop
100.7a professional wetland delineator certification program.
100.8(c) (d) The board must establish an interagency team to assist in identifying and evaluating
100.9potential wetland replacement sites. The team must consist of members of the Technical
100.10Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
100.11Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
100.12organizations as determined by the board.

100.13    Sec. 115. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read:
100.14    Subdivision 1. Authority; orders. (a) The commissioner of natural resources,
100.15conservation officers, and peace officers shall enforce laws preserving and protecting
100.16groundwater quantity, wetlands, and public waters. The commissioner of natural resources,
100.17a conservation officer, or a peace officer may issue a cease and desist order to stop any
100.18illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
100.19(b) In the order, or by separate order, the commissioner, conservation officer, or peace
100.20officer may require restoration or replacement of the wetland or public waters, as determined
100.21by the local soil and water conservation district for wetlands and the commissioner of natural
100.22resources for public waters. Restoration or replacement orders may be recorded or filed in
100.23the office of the county recorder or registrar of titles, as appropriate, in the county where
100.24the real property is located by the commissioner of natural resources, conservation officers,
100.25or peace officers as a deed restriction on the property that runs with the land and is binding
100.26on the owners, successors, and assigns until the conditions of the order are met or the order
100.27is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee
100.28for any document filed under this section.
100.29(c) If a court has ruled that there has not been a violation of the restoration or replacement
100.30order, an order may not be recorded or filed under this section.
100.31(d) The commissioner must remove a deed restriction filed or recorded under this section
100.32on homesteaded property if the owner requests that it be removed and a court has found
100.33that the owner of the property is not guilty or that there has not been a violation of the
101.1restoration or replacement order. Within 30 days of receiving the request for removal from
101.2the owner, the commissioner must contact, in writing, the office of the county recorder or
101.3registrar of titles where the order is recorded or filed, along with all applicable fees, and
101.4have the order removed. Within 30 days of receiving notification from the office of the
101.5county recorder or registrar of titles that the order has been removed, the commissioner
101.6must inform the owner that the order has been removed and provide the owner with a copy
101.7of any documentation provided by the office of the county recorder or registrar of titles.

101.8    Sec. 116. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:
101.9    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a
101.10person, partnership, or association, private or public corporation, county, municipality, or
101.11other political subdivision of the state may not appropriate or use waters of the state without
101.12a water-use permit from the commissioner.
101.13(b) This section does not apply to the following water uses:
101.14(1) use for a water supply by less than 25 persons for domestic purposes, except as
101.15required by the commissioner under section 103G.287, subdivision 4, paragraph (b).;
101.16(2) nonconsumptive diversion of a surface water of the state from its natural channel for
101.17the production of hydroelectric or hydromechanical power at structures that were in existence
101.18on and before July 1, 1937, including repowering, upgrades, or additions to those facilities;
101.19or
101.20(3) appropriation or use of storm water collected and used to reduce storm-water runoff
101.21volume, treat storm water, or sustain groundwater supplies when water is extracted from
101.22constructed management facilities for storm water.
101.23(c) The commissioner may issue a state general permit for appropriation of water to a
101.24governmental subdivision or to the general public. The general permit may authorize more
101.25than one project and the appropriation or use of more than one source of water. Water-use
101.26permit processing fees and reports required under subdivision 6 and section 103G.281,
101.27subdivision 3
, are required for each project or water source that is included under a general
101.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

101.29    Sec. 117. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read:
101.30    Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b)
101.31to (g), a water-use permit processing fee must be prescribed by the commissioner in
101.32accordance with the schedule of fees in this subdivision for each water-use permit in force
102.1at any time during the year. Fees collected under this paragraph are credited to the water
102.2management account in the natural resources fund. The schedule is as follows, with the
102.3stated fee in each clause applied to the total amount appropriated:
102.4    (1) $140 for amounts not exceeding 50,000,000 gallons per year;
102.5    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
102.6than 100,000,000 gallons per year;
102.7    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than
102.8150,000,000 gallons per year;
102.9    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
102.10than 200,000,000 gallons per year;
102.11    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than
102.12250,000,000 gallons per year;
102.13    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
102.14than 300,000,000 gallons per year;
102.15    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than
102.16350,000,000 gallons per year;
102.17    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
102.18than 400,000,000 gallons per year;
102.19    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than
102.20450,000,000 gallons per year;
102.21    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less
102.22than 500,000,000 gallons per year; and
102.23    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
102.24    (b) For once-through cooling systems, a water-use processing fee must be prescribed
102.25by the commissioner in accordance with the following schedule of fees for each water-use
102.26permit in force at any time during the year:
102.27    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
102.28    (2) for all other users, $420 per 1,000,000 gallons.
102.29    (c) The fee is payable based on the amount of water appropriated during the year and,
102.30except as provided in paragraph (f), the minimum fee is $100.
102.31    (d) For water-use processing fees other than once-through cooling systems:
103.1    (1) the fee for a city of the first class may not exceed $250,000 per year;
103.2    (2) the fee for other entities for any permitted use may not exceed:
103.3    (i) $60,000 per year for an entity holding three or fewer permits;
103.4    (ii) $90,000 per year for an entity holding four or five permits; or
103.5    (iii) $300,000 per year for an entity holding more than five permits;
103.6    (3) the fee for agricultural irrigation may not exceed $750 per year;
103.7    (4) the fee for a municipality that furnishes electric service and cogenerates steam for
103.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration
103.9of electricity and steam; and
103.10(5) the fee for a facility that temporarily diverts a water of the state from its natural
103.11channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per
103.12year. A permit for such a facility does not count toward the number of permits held by an
103.13entity as described in paragraph (d); and
103.14    (5) (6) no fee is required for a project involving the appropriation of surface water to
103.15prevent flood damage or to remove flood waters during a period of flooding, as determined
103.16by the commissioner.
103.17    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten
103.18percent per month calculated from the original due date must be imposed on the unpaid
103.19balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
103.20may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
103.21governmental agency holding a water appropriation permit.
103.22    (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural
103.23land is $20 for years in which:
103.24    (1) there is no appropriation of water under the permit; or
103.25    (2) the permit is suspended for more than seven consecutive days between May 1 and
103.26October 1.
103.27(g) The commissioner shall waive the water-use permit fee for installations and projects
103.28that use storm water runoff or where public entities are diverting water to treat a water
103.29quality issue and returning the water to its source without using the water for any other
103.30purpose, unless the commissioner determines that the proposed use adversely affects surface
103.31water or groundwater.
104.1    (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph
104.2(a) shall be applied to the volume of water used in each of the months of June, July, and
104.3August that exceeds the volume of water used in January for municipal water use, irrigation
104.4of golf courses, and landscape irrigation. The surcharge for municipalities with more than
104.5one permit shall be determined based on the total appropriations from all permits that supply
104.6a common distribution system.

104.7    Sec. 118. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read:
104.8    Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water
104.9without a required permit under subdivision 1 must pay the applicable water-use permit
104.10processing fee specified in subdivision 6 for the period during which the unpermitted
104.11appropriation occurred. The fees for unpermitted appropriations are required for the previous
104.12seven calendar years after being notified of the need for a permit. This fee is in addition to
104.13any other fee or penalty assessed. The commissioner may waive payment of fees for past
104.14unpermitted appropriations for a residential system permitted under subdivision 5, paragraph
104.15(b), or for a hydroelectric or hydromechanical facility that temporarily diverts a water of
104.16the state from its natural channel.

104.17    Sec. 119. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read:
104.18    Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive
104.19owner of real property if the permittee conveys the real property where the source of water
104.20is located. The new owner must notify the commissioner immediately after the conveyance
104.21and request transfer of the permit. The commissioner must not deny the transfer of a permit
104.22if the permittee is in compliance with all permit conditions and the permit meets the
104.23requirements of sections 103G.255 to 103G.301.

104.24    Sec. 120. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:
104.25    Subdivision 1. Applications for groundwater appropriations; preliminary well
104.26construction approval. (a) Groundwater use permit applications are not complete until the
104.27applicant has supplied:
104.28(1) a water well record as required by section 103I.205, subdivision 9, information on
104.29the subsurface geologic formations penetrated by the well and the formation or aquifer that
104.30will serve as the water source, and geologic information from test holes drilled to locate the
104.31site of the production well;
104.32(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
105.1(3) information on groundwater quality in terms of the measures of quality commonly
105.2specified for the proposed water use and details on water treatment necessary for the proposed
105.3use;
105.4(4) the results of an aquifer test completed according to specifications approved by the
105.5commissioner. The test must be conducted at the maximum pumping rate requested in the
105.6application and for a length of time adequate to assess or predict impacts to other wells and
105.7surface water and groundwater resources. The permit applicant is responsible for all costs
105.8related to the aquifer test, including the construction of groundwater and surface water
105.9monitoring installations, and water level readings before, during, and after the aquifer test;
105.10and
105.11(5) the results of any assessments conducted by the commissioner under paragraph (c).
105.12(b) The commissioner may waive an application requirement in this subdivision if the
105.13information provided with the application is adequate to determine whether the proposed
105.14appropriation and use of water is sustainable and will protect ecosystems, water quality,
105.15and the ability of future generations to meet their own needs.
105.16(c) The commissioner shall provide an assessment of a proposed well needing a
105.17groundwater appropriation permit. The commissioner shall evaluate the information submitted
105.18as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the
105.19anticipated appropriation request is likely to meet the applicable requirements of this chapter.
105.20If the appropriation request is likely to meet applicable requirements, the commissioner
105.21shall provide the person submitting the information with a letter providing preliminary
105.22approval to construct the well and the requirements, including test-well information, that
105.23will be needed to obtain the permit.
105.24(d) The commissioner must provide an applicant denied a groundwater use permit or
105.25issued a groundwater use permit that is reduced or restricted from the original request with
105.26all information the commissioner used in making the determination, including hydrographs,
105.27flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
105.28calibration.

105.29    Sec. 121. Minnesota Statutes 2016, section 103G.411, is amended to read:
105.30103G.411 STIPULATION OF LOW-WATER MARK.
105.31If the state is a party in a civil action relating to the navigability or ownership of the bed
105.32of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval
105.33of the attorney general, may agree by written stipulation with a riparian owner who is a
106.1party to the action on the location of the ordinary low-water mark on the riparian land of
106.2the party. After the stipulation is executed by all parties, it must be presented to the judge
106.3of the district court where the action is pending for approval. If the stipulation is approved,
106.4the judge shall make and enter an order providing that the final judgment when entered shall
106.5conform to the location of the ordinary, low-water mark as provided for in the stipulation
106.6as it relates to the parties to the stipulation.

106.7    Sec. 122. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision
106.8to read:
106.9    Subd. 6. Impaired waters list; public notice and process. The commissioner of the
106.10Pollution Control Agency must allow at least 60 days for public comment after publishing
106.11the draft impaired waters list required under the federal Clean Water Act. In making
106.12impairment designations, the Pollution Control Agency must use available water-quality
106.13data that takes into consideration recent relevant pollutant reductions resulting from controls
106.14on municipal point sources and nonpoint sources.

106.15    Sec. 123. [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED
106.16WASTEWATER TREATMENT FACILITIES.
106.17    Subdivision 1. Definitions. For the purpose of this section, the following terms have
106.18the meanings given:
106.19(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
106.20or state disposal system (SDS) permit; and
106.21(2) "permit applicant" means a person or entity submitting an application for a new
106.22permit or renewal, modification, or revocation of an existing permit for a publicly owned
106.23wastewater treatment facility.
106.24    Subd. 2. Applicability. This section applies to all draft permits and permits for publicly
106.25owned wastewater treatment facilities for which the commissioner of the Pollution Control
106.26Agency makes a preliminary determination whether to issue or deny.
106.27    Subd. 3. Notice requirements. The commissioner of the Pollution Control Agency must
106.28provide a permit applicant with a copy of the draft permit and any fact sheets required by
106.29agency rules at least 30 days before the distribution and public notice of the permit application
106.30and preliminary determination.
106.31    Subd. 4. Permitting efficiency. The commissioner must prepare and issue a public
106.32notice of a completed application and the commissioner's preliminary determination as to
107.1whether the permit should be issued or denied. The public comment period must be at least
107.260 days for permit applications under this section. Notwithstanding section 116.03, it is the
107.3goal of the state that Tier 2 permits for publicly owned wastewater treatment facilities be
107.4issued or denied within 210 days following submission of a permit application.

107.5    Sec. 124. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read:
107.6    Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions
107.7in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as
107.8specifically modified in this subdivision.
107.9(b) "Cleanup order" means a consent order between responsible persons and the agency
107.10or an order issued by the United States Environmental Protection Agency under section 106
107.11of the federal Superfund Act.
107.12(c) "Closure" means actions to prevent or minimize the threat to public health and the
107.13environment posed by a mixed municipal solid waste disposal facility that has stopped
107.14accepting waste by controlling the sources of releases or threatened releases at the facility.
107.15"Closure" includes removing contaminated equipment and liners; applying final cover;
107.16grading and seeding final cover; installing wells, borings, and other monitoring devices;
107.17constructing groundwater and surface water diversion structures; and installing gas control
107.18systems and site security systems, as necessary. The commissioner may authorize use of
107.19final cover that includes processed materials that meet the requirements in Code of Federal
107.20Regulations, title 40, section 503.32, paragraph (a).
107.21(d) "Closure upgrade" means construction activity that will, at a minimum, modify an
107.22existing cover so that it satisfies current rule requirements for mixed municipal solid waste
107.23land disposal facilities.
107.24(e) "Contingency action" means organized, planned, or coordinated courses of action to
107.25be followed in case of fire, explosion, or release of solid waste, waste by-products, or
107.26leachate that could threaten human health or the environment.
107.27(f) "Corrective action" means steps taken to repair facility structures including liners,
107.28monitoring wells, separation equipment, covers, and aeration devices and to bring the facility
107.29into compliance with design, construction, groundwater, surface water, and air emission
107.30standards.
107.31(g) "Custodial" or "custodial care" means actions taken for the care, maintenance, and
107.32monitoring of closure actions at a mixed municipal solid waste disposal facility after
107.33completion of the postclosure period.
108.1(h) "Decomposition gases" means gases produced by chemical or microbial activity
108.2during the decomposition of solid waste.
108.3(h) (i) "Dump materials" means nonhazardous mixed municipal solid wastes disposed
108.4at a Minnesota waste disposal site other than a qualified facility prior to 1973.
108.5(i) (j) "Environmental response action" means response action at a qualified facility or
108.6priority qualified facility, including corrective action, closure, postclosure care; contingency
108.7action; environmental studies, including remedial investigations and feasibility studies;
108.8engineering, including remedial design; removal; remedial action; site construction; and
108.9other similar cleanup-related activities.
108.10(j) (k) "Environmental response costs" means:
108.11(1) costs of environmental response action, not including legal or administrative expenses;
108.12and
108.13(2) costs required to be paid to the federal government under section 107(a) of the federal
108.14Superfund Act, as amended.
108.15(l) "Owner or operator of a priority qualified facility" means a person, personal
108.16representative, trustee, beneficiary, partnership, sole proprietorship, firm, limited liability
108.17company, cooperative, association, corporation, or other entity that:
108.18(1) has possession of, holds title to, or owns a controlling interest in a priority qualified
108.19facility;
108.20(2) participates in decision making related to compliance with federal and state
108.21environmental laws and regulations for a priority qualified facility; or
108.22(3) has authority or control to make decisions regarding state and federal environmental
108.23laws and regulations for a priority qualified facility.
108.24(m) "Priority qualified facility" means:
108.25(1) a qualified facility:
108.26(i) that is listed on the National Priorities List pursuant to the federal Comprehensive
108.27Environmental Response, Compensation, and Liability Act;
108.28(ii) that is listed on the Permanent List of Priorities pursuant to the Minnesota
108.29Environmental Response and Liability Act;
109.1(iii) for which a binding agreement pursuant to section 115B.40, subdivision 4, has not
109.2been entered into between the owner or operator of the qualified facility and the
109.3commissioner; and
109.4(iv) that is not an excluded facility pursuant to section 115B.405; and
109.5(2) property located within 750 feet from the boundary of a facility described in clause
109.6(1), including any contiguous property:
109.7(i) that is listed on the Permanent List of Priorities pursuant to the Minnesota
109.8Environmental Response and Liability Act, as of the effective date of this section;
109.9(ii) where mixed municipal solid waste was disposed of within the boundaries of the
109.10property, which disposal did not occur under a permit from the agency; and
109.11(iii) for which the commissioner determines an environmental response action is necessary
109.12to protect public health or welfare or the environment at and in the vicinity of the facility
109.13described in clause (1).
109.14(k) (n) "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
109.15and monitoring of closure actions at a mixed municipal solid waste disposal facility.
109.16(l) (o) "Qualified facility" means a mixed municipal solid waste disposal facility as
109.17described in the most recent agency permit, including adjacent property used for solid waste
109.18disposal that did not occur under a permit from the agency, that:
109.19(1)(i) is or was permitted by the agency;
109.20(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
109.211994; and
109.22(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
109.23demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
109.24of demolition debris is allowed, if the area where the demolition debris is deposited is at
109.25least 50 feet from the fill boundary of the area where mixed municipal solid waste was
109.26deposited; or
109.27(2) is or was permitted by the agency; and
109.28(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial
109.29waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at
109.30a permitted area where disposal of such waste is allowed, if the area where the waste is
109.31deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid
109.32waste was deposited; or
110.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets
110.2all applicable recycling goals in section 115A.551 and that has arranged for all mixed
110.3municipal solid waste generated in the county to be delivered to and processed by a resource
110.4recovery facility located in the county for at least 20 years; or
110.5(3) is or was permitted by the agency and stopped accepting waste for disposal by January
110.61, 2009, and for which the postclosure care period ended on July 26, 2013.
110.7EFFECTIVE DATE.This section is effective the day following final enactment.

110.8    Sec. 125. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read:
110.9    Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator
110.10of a qualified facility that is not subject to a cleanup order shall:
110.11(1) complete closure activities at the facility, or enter into a binding agreement with the
110.12commissioner to do so, as provided in paragraph (e), within one year from the date the
110.13owner or operator is notified by the commissioner under subdivision 3 of the closure activities
110.14that are necessary to properly close the facility in compliance with facility's permit, closure
110.15orders, or enforcement agreement with the agency, and with the solid waste rules in effect
110.16at the time the facility stopped accepting waste;
110.17(2) undertake or continue postclosure and custodial care at the facility until the date of
110.18notice of compliance under subdivision 7;
110.19(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
110.20(l) (o), clause (1), transfer to the commissioner of revenue for deposit in the remediation
110.21fund established in section 116.155 any funds required for proof of financial responsibility
110.22under section 116.07, subdivision 4h, that remain after facility closure and any postclosure
110.23care and response action undertaken by the owner or operator at the facility including, if
110.24proof of financial responsibility is provided through a letter of credit or other financial
110.25instrument or mechanism that does not accumulate money in an account, the amount that
110.26would have accumulated had the owner or operator utilized a trust fund, less any amount
110.27used for closure, postclosure care, and response action at the facility; and
110.28(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
110.29(l) (o), clause (2), transfer to the commissioner of revenue for deposit in the remediation
110.30fund established in section 116.155 an amount of cash that is equal to the sum of their
110.31approved current contingency action cost estimate and the present value of their approved
110.32estimated remaining postclosure care costs required for proof of financial responsibility
110.33under section 116.07, subdivision 4h.; and
111.1(5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
111.2(o), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund
111.3established in section 116.155 an amount of cash that is equal to the sum of their approved
111.4current contingency action cost estimate and any funds required for proof of financial
111.5responsibility under section 116.07, subdivision 4h, that remain after facility closure and
111.6any postclosure and custodial care and response action undertaken by the owner or operator
111.7at the facility.
111.8(b) The owner or operator of a qualified facility that is not subject to a cleanup order
111.9shall:
111.10(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
111.11(l) (o), clause (1), provide the commissioner with a copy of all applicable comprehensive
111.12general liability insurance policies and other liability policies relating to property damage,
111.13certificates, or other evidence of insurance coverage held during the life of the facility; and
111.14(2) enter into a binding agreement with the commissioner to:
111.15(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph
111.16(l) (o), clause (1), take any actions necessary to preserve the owner or operator's rights to
111.17payment or defense under insurance policies included in clause (1); cooperate with the
111.18commissioner in asserting claims under the policies; and, within 60 days of a request by
111.19the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies
111.20related to environmental response costs;
111.21(ii) cooperate with the commissioner or other persons acting at the direction of the
111.22commissioner in taking additional environmental response actions necessary to address
111.23releases or threatened releases and to avoid any action that interferes with environmental
111.24response actions, including allowing entry to the property and to the facility's records and
111.25allowing entry and installation of equipment; and
111.26(iii) refrain from developing or altering the use of property described in any permit for
111.27the facility except after consultation with the commissioner and in conformance with any
111.28conditions established by the commissioner for that property, including use restrictions, to
111.29protect public health and welfare and the environment.
111.30(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision
111.312
, paragraph (l) (o), clause (1), that is a political subdivision may use a portion of any funds
111.32established for response at the facility, which are available directly or through a financial
111.33instrument or other financial arrangement, for closure or postclosure care at the facility if
112.1funds available for closure or postclosure care are inadequate and shall assign the rights to
112.2any remainder to the commissioner.
112.3(d) The agreement required in paragraph (b), clause (2), must be in writing and must
112.4apply to and be binding upon the successors and assigns of the owner. The owner shall
112.5record the agreement, or a memorandum approved by the commissioner that summarizes
112.6the agreement, with the county recorder or registrar of titles of the county where the property
112.7is located.
112.8(e) A binding agreement entered into under paragraph (a), clause (1), may include a
112.9provision that the owner or operator will reimburse the commissioner for the costs of closing
112.10the facility to the standard required in that clause.
112.11EFFECTIVE DATE.This section is effective the day following final enactment.

112.12    Sec. 126. [115B.406] PRIORITY QUALIFIED FACILITIES.
112.13    Subdivision 1. Legislative findings. The legislature recognizes the need to protect the
112.14public health and welfare and the environment at priority qualified facilities. To implement
112.15a timely and effective cleanup and prevent multiparty litigation, the legislature finds it is in
112.16the public interest to direct the commissioner of the Pollution Control Agency to take
112.17environmental response actions that the commissioner deems reasonable and necessary to
112.18protect the public health or welfare or the environment at priority qualified facilities and to
112.19acquire real property interests at priority qualified facilities to ensure the completion and
112.20long-term effectiveness of environmental response actions.
112.21    Subd. 2. Notifying owner or operator of priority qualified facility. Within 30 days
112.22after the effective date of this section, or within 30 days after section 115B.39, subdivision
112.232, paragraph (m), applies to a facility, whichever is later, the commissioner must notify the
112.24owner or operator of a qualified facility that the facility is a priority qualified facility under
112.25section 115B.39, subdivision 2, paragraph (m). Within 60 days after being notified under
112.26this subdivision, the owner or operator of a priority qualified facility must enter into a
112.27binding agreement with the commissioner according to section 115B.40, subdivision 4,
112.28paragraph (b).
112.29    Subd. 3. State response. If the owner or operator of a priority qualified facility fails to
112.30enter into a binding agreement according to subdivision 2:
112.31(1) the commissioner must assume all obligations for environmental response actions
112.32under the federal Superfund Act and any federal or state cleanup orders and undertake
113.1further action under section 115B.40, subdivision 1, at or related to the priority qualified
113.2facility that the commissioner deems reasonable and necessary;
113.3(2) the commissioner must not seek recovery against responsible persons who are not
113.4the owner or operator of a priority qualified facility of any costs incurred by the commissioner
113.5for environmental response action at or related to the facility, except as provided under
113.6section 115B.40, subdivision 7, paragraph (b), clause (2), item (i) or (ii); and
113.7(3) the commissioner and the attorney general must communicate with the United States
113.8Environmental Protection Agency regarding the manner and procedure for the state's
113.9assumption of federal obligations at the priority qualified facility.
113.10    Subd. 4. Civil penalty. An owner or operator of a priority qualified facility is subject
113.11to a civil penalty in an amount to be determined by the court of not more than $20,000 per
113.12day for each day that the owner or operator fails to comply with subdivision 2. The penalty
113.13ceases to accrue when the owner or operator enters into a binding agreement with the
113.14commissioner according to section 115B.40, subdivision 4, paragraph (b), and a payment
113.15agreement for environmental response costs incurred by the commissioner at or related to
113.16the priority qualified facility. The civil penalty may be recovered by an action brought by
113.17the attorney general in the name of the state in connection with an action to recover expenses
113.18of the agency under subdivision 7 or by a separate action in the District Court of Ramsey
113.19County. All penalties recovered under this subdivision must be deposited in the remediation
113.20fund.
113.21    Subd. 5. Disqualification; permits. If an owner or operator of a priority qualified facility
113.22that is not a local government unit fails to comply with subdivision 2, the owner or operator
113.23is ineligible to obtain or renew a state or local permit or license to engage in a business that
113.24manages solid waste. Failure of an owner or operator of a priority qualified facility that is
113.25not a local government unit to comply with subdivision 2 is prima facie evidence of the
113.26lack of fitness of the owner or operator to conduct any solid waste business and is grounds
113.27for revocation of any solid waste permit or license held by the owner or operator.
113.28    Subd. 6. Duty to provide information. Any person that the commissioner determines
113.29has information regarding the priority qualified facility or the owner or operator of the
113.30priority qualified facility must furnish to the commissioner any information that person may
113.31have or may reasonably obtain that is relevant to the priority qualified facility or the owner
113.32or operator of the priority qualified facility. The commissioner upon presentation of
113.33credentials may examine and copy any books, papers, records, memoranda, or data of a
113.34person that has a duty to provide information to the commissioner and may enter upon any
114.1property, public or private, to take any action authorized by this section, including obtaining
114.2information from a person that has a duty to provide the information.
114.3    Subd. 7. Recovering expenses. Any reasonable and necessary expenses incurred by the
114.4commissioner pursuant to this section, including all environmental response costs and
114.5administrative and legal expenses, may be recovered in a civil action brought by the attorney
114.6general against the owner or operator of a priority qualified facility. The commissioner's
114.7certification of expenses is prima facie evidence that the expenses are reasonable and
114.8necessary. Any expenses incurred pursuant to this section that are recovered by the attorney
114.9general, including any award of attorney fees, must be deposited in the remediation fund.
114.10    Subd. 8. Claims prohibited. The owner or operator of a priority qualified facility is
114.11barred from bringing any claim based on contract, tort, or statute or using any remedy
114.12available under any other provision of state law, including common law, for personal injury,
114.13disease, economic loss, environmental response costs incurred by the owner or operator,
114.14environmental response costs incurred by the state, or legal and administrative expenses
114.15arising out of a release or threat of release of any hazardous substance, pollutant, contaminant,
114.16or decomposition gases related to the priority qualified facility.
114.17    Subd. 9. Environmental response costs; liens. All environmental response costs,
114.18including administrative and legal expenses, incurred by the commissioner at a priority
114.19qualified facility constitute a lien in favor of the state upon any real property located in the
114.20state, other than homestead property, owned by the owner or operator of the priority qualified
114.21facility who is subject to the requirements of section 115B.40, subdivision 4 or 5. A lien
114.22under this subdivision attaches when the environmental response costs are first incurred.
114.23Notwithstanding section 514.672, a lien under this subdivision continues until the lien is
114.24satisfied or six years after completion of construction of the final environmental response
114.25action, not including operation and maintenance. Notice, filing, and release of the lien are
114.26governed by sections 514.671 to 514.676, except where those requirements specifically are
114.27related to only cleanup action expenses as defined in section 514.671. Relative priority of
114.28a lien under this subdivision is governed by section 514.672, except that a lien attached to
114.29property that was included in any permit for the priority qualified facility takes precedence
114.30over all other liens regardless of when the other liens were or are perfected. Amounts received
114.31to satisfy all or a part of a lien must be deposited in the remediation fund.
114.32EFFECTIVE DATE.This section is effective the day following final enactment.

115.1    Sec. 127. [115B.407] ACQUISITION AND DISPOSITION OF REAL PROPERTY
115.2AT PRIORITY QUALIFIED FACILITIES.
115.3(a) The commissioner may acquire interests in real property by donation or eminent
115.4domain at all or a portion of a priority qualified facility. Condemnation under this section
115.5includes acquisition of fee title or an easement. After acquiring an interest in real property
115.6under this section, the commissioner must take environmental response actions at the priority
115.7qualified facility according to sections 115B.39 to 115B.414 after the legislature makes an
115.8appropriation for that purpose.
115.9(b) The commissioner may dispose of real property acquired under this section according
115.10to section 115B.17, subdivision 16.
115.11(c) Chapter 117 governs condemnation proceedings by the commissioner under this
115.12section. The exceptions under section 117.189 apply to the use of eminent domain authority
115.13under this section.
115.14(d) The state is not liable under this chapter solely as a result of acquiring an interest in
115.15real property under this section.
115.16EFFECTIVE DATE.This section is effective the day following final enactment.

115.17    Sec. 128. [115B.408] DEPOSIT OF PROCEEDS.
115.18All amounts paid to the state under sections 115B.406 and 115B.407 must be deposited
115.19in the state treasury and credited to the remediation fund.
115.20EFFECTIVE DATE.This section is effective the day following final enactment.

115.21    Sec. 129. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:
115.22    Subdivision 1. General rule. Except as provided in subdivisions 2 to 4 5, a person is
115.23responsible for a release from a tank if the person is an owner or operator of the tank at any
115.24time during or after the release.

115.25    Sec. 130. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
115.26to read:
115.27    Subd. 5. Heating fuel oil vendor. A heating fuel oil vendor is not a responsible person
115.28for a heating fuel oil release at a residential location if the release was caused solely by the
115.29failure of a tank owned by the homeowner.

116.1    Sec. 131. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
116.2    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
116.3resource management permits be issued or denied within 90 days for Tier 1 permits or 150
116.4days for Tier 2 permits following submission of a permit application. The commissioner of
116.5the Pollution Control Agency shall establish management systems designed to achieve the
116.6goal. For the purposes of this section, "Tier 1 permits" are permits that do not require
116.7individualized actions or public comment periods, and "Tier 2 permits" are permits that
116.8require individualized actions or public comment periods.
116.9(b) The commissioner shall prepare an annual permitting efficiency report that includes
116.10statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit
116.11categories. The report is due August 1 each year. For permit applications that have not met
116.12the goal, the report must state the reasons for not meeting the goal. In stating the reasons
116.13for not meeting the goal, the commissioner shall separately identify delays caused by the
116.14responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
116.15level of public engagement. The report must specify the number of days from initial
116.16submission of the application to the day of determination that the application is complete.
116.17The report must aggregate the data for the year and assess whether program or system
116.18changes are necessary to achieve the goal. The report must be posted on the agency's Web
116.19site and submitted to the governor and the chairs and ranking minority members of the house
116.20of representatives and senate committees having jurisdiction over environment policy and
116.21finance.
116.22(c) The commissioner shall allow electronic submission of environmental review and
116.23permit documents to the agency.
116.24(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject
116.25to paragraph (a), the commissioner of the Pollution Control Agency shall notify the project
116.26proposer permit applicant, in writing, whether the application is complete or incomplete. If
116.27the commissioner determines that an application is incomplete, the notice to the applicant
116.28must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
116.29and advise the applicant on how the deficiencies can be remedied. If the commissioner
116.30determines that the application is complete, the notice must confirm the application's Tier
116.311 or Tier 2 permit status. If the commissioner believes that a complete application for a Tier
116.322 construction permit cannot be issued within the 150-day goal, the commissioner must
116.33provide notice to the applicant with the commissioner's notice that the application is complete
116.34and, upon request of the applicant, provide the permit applicant with a schedule estimating
116.35when the agency will begin drafting the permit and issue the public notice of the draft permit.
117.1This paragraph does not apply to an application for a permit that is subject to a grant or loan
117.2agreement under chapter 446A.
117.3(e) For purposes of this subdivision, "permit professional" means an individual not
117.4employed by the Pollution Control Agency who:
117.5(1) has a professional license issued by the state of Minnesota in the subject area of the
117.6permit;
117.7(2) has at least ten years of experience in the subject area of the permit; and
117.8(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
117.9under agency rules and complies with all applicable requirements under chapter 326.
117.10(f) Upon the agency's request, an applicant relying on a permit professional must
117.11participate in a meeting with the agency before submitting an application:
117.12(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
117.13least the following:
117.14(i) project description, including, but not limited to, scope of work, primary emissions
117.15points, discharge outfalls, and water intake points;
117.16(ii) location of the project, including county, municipality, and location on the site;
117.17(iii) business schedule for project completion; and
117.18(iv) other information requested by the agency at least four weeks prior to the scheduled
117.19meeting; and
117.20    (2) during the preapplication meeting, the agency shall provide for the applicant at least
117.21the following:
117.22(i) an overview of the permit review program;
117.23(ii) a determination of which specific application or applications will be necessary to
117.24complete the project;
117.25(iii) a statement notifying the applicant if the specific permit being sought requires a
117.26mandatory public hearing or comment period;
117.27(iv) a review of the timetable established in the permit review program for the specific
117.28permit being sought; and
117.29(v) a determination of what information must be included in the application, including
117.30a description of any required modeling or testing.
118.1(g) The applicant may select a permit professional to undertake the preparation of the
118.2permit application and draft permit.
118.3(h) If a preapplication meeting was held, the agency shall, within seven business days
118.4of receipt of an application, notify the applicant and submitting permit professional that the
118.5application is complete or is denied, specifying the deficiencies of the application.
118.6(i) Upon receipt of notice that the application is complete, the permit professional shall
118.7submit to the agency a timetable for submitting a draft permit. The permit professional shall
118.8submit a draft permit on or before the date provided in the timetable. Within 60 days after
118.9the close of the public comment period, the commissioner shall notify the applicant whether
118.10the permit can be issued.
118.11(j) Nothing in this section shall be construed to modify:
118.12(1) any requirement of law that is necessary to retain federal delegation to or assumption
118.13by the state; or
118.14(2) the authority to implement a federal law or program.
118.15(k) The permit application and draft permit shall identify or include as an appendix all
118.16studies and other sources of information used to substantiate the analysis contained in the
118.17permit application and draft permit. The commissioner shall request additional studies, if
118.18needed, and the project proposer permit applicant shall submit all additional studies and
118.19information necessary for the commissioner to perform the commissioner's responsibility
118.20to review, modify, and determine the completeness of the application and approve the draft
118.21permit.

118.22    Sec. 132. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision
118.23to read:
118.24    Subd. 7. Draft permits; public notice. When public notice of a draft individual Tier 2
118.25permit is required, the commissioner must provide to the applicant a draft permit for review
118.26by the applicant within 30 days after determining the proposal conforms to all federal and
118.27state laws and rules, unless the permit applicant and the commissioner mutually agree to a
118.28different date. The commissioner must consider all comments submitted by the applicant
118.29before issuing the permit.

118.30    Sec. 133. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
118.31    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
118.32than those necessary to cover the reasonable costs of developing, reviewing, and acting
119.1upon applications for agency permits and implementing and enforcing the conditions of the
119.2permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
119.3fee schedule must reflect reasonable and routine direct and indirect costs associated with
119.4permitting, implementation, and enforcement. The agency may impose an additional
119.5enforcement fee to be collected for a period of up to two years to cover the reasonable costs
119.6of implementing and enforcing the conditions of a permit under the rules of the agency.
119.7Any money collected under this paragraph shall be deposited in the environmental fund.
119.8(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
119.9or operator of all stationary sources, emission facilities, emissions units, air contaminant
119.10treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
119.11facilities subject to a notification, permit, or license requirement under this chapter,
119.12subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
119.13et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
119.14indirect reasonable costs, including legal costs, required to develop and administer the
119.15notification, permit, or license program requirements of this chapter, subchapters I and V
119.16of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
119.17adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
119.18an application for a permit; implementing and enforcing statutes, rules, and the terms and
119.19conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
119.20applicable regulations; responding to federal guidance; modeling, analyses, and
119.21demonstrations; preparing inventories and tracking emissions; and providing information
119.22to the public about these activities.
119.23(c) The agency shall set fees that:
119.24(1) will result in the collection, in the aggregate, from the sources listed in paragraph
119.25(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
119.26regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
119.27the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
119.28primary ambient air quality standard has been promulgated;
119.29(2) may result in the collection, in the aggregate, from the sources listed in paragraph
119.30(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
119.31regulated under this chapter or air quality rules adopted under this chapter; and
119.32(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
119.33needed to match grant funds received by the state under United States Code, title 42, section
119.347405 (section 105 of the federal Clean Air Act).
120.1The agency must not include in the calculation of the aggregate amount to be collected
120.2under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
120.3from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
120.4on existing fees. The commissioner may not collect the surcharge after the grant funds
120.5become unavailable. In addition, the commissioner shall use nonfee funds to the extent
120.6practical to match the grant funds so that the fee surcharge is minimized.
120.7(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
120.8in the rules promulgated under paragraph (c) for an increase in the fee collected in each
120.9year by the percentage, if any, by which the Consumer Price Index for the most recent
120.10calendar year ending before the beginning of the year the fee is collected exceeds the
120.11Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
120.12Consumer Price Index for any calendar year is the average of the Consumer Price Index for
120.13all-urban consumers published by the United States Department of Labor, as of the close
120.14of the 12-month period ending on August 31 of each calendar year. The revision of the
120.15Consumer Price Index that is most consistent with the Consumer Price Index for calendar
120.16year 1989 shall be used.
120.17(e) Any money collected under paragraphs (b) to (d) must be deposited in the
120.18environmental fund and must be used solely for the activities listed in paragraph (b).
120.19(f) Permit applicants who wish to construct, reconstruct, or modify a facility project may
120.20offer to reimburse the agency for the costs of staff time or consultant services needed to
120.21expedite the preapplication process and permit development process through the final
120.22decision on the permit, including the analysis of environmental review documents. The
120.23reimbursement shall be in addition to permit application fees imposed by law. When the
120.24agency determines that it needs additional resources to develop the permit application in
120.25an expedited manner, and that expediting the development is consistent with permitting
120.26program priorities, the agency may accept the reimbursement. The commissioner must give
120.27the applicant an estimate of costs to be incurred by the commissioner. The estimate must
120.28include a brief description of the tasks to be performed, a schedule for completing the tasks,
120.29and the estimated cost for each task. The applicant and the commissioner must enter into a
120.30written agreement detailing the estimated costs for the expedited permit decision-making
120.31process to be incurred by the agency. The agreement must also identify staff anticipated to
120.32be assigned to the project. The commissioner must not issue a permit until the applicant has
120.33paid all fees in full. The commissioner must refund any unobligated balance of fees paid.
120.34Reimbursements accepted by the agency are appropriated to the agency for the purpose of
120.35developing the permit or analyzing environmental review documents. Reimbursement by
121.1a permit applicant shall precede and not be contingent upon issuance of a permit; shall not
121.2affect the agency's decision on whether to issue or deny a permit, what conditions are
121.3included in a permit, or the application of state and federal statutes and rules governing
121.4permit determinations; and shall not affect final decisions regarding environmental review.
121.5(g) The fees under this subdivision are exempt from section 16A.1285.

121.6    Sec. 134. Minnesota Statutes 2016, section 116.0714, is amended to read:
121.7116.0714 NEW OPEN AIR SWINE BASINS.
121.8    The commissioner of the Pollution Control Agency or a county board shall not approve
121.9any permits for the construction of new open air swine basins, except that existing facilities
121.10may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
121.11program for resolving pollution problems or to allow conversion of an existing basin of less
121.12than 1,000,000 gallons to a different animal type, provided all standards are met. This section
121.13expires June 30, 2017 2022.
121.14EFFECTIVE DATE.This section is effective the day following final enactment.

121.15    Sec. 135. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read:
121.16    Subd. 2. Membership. The members of the board are the commissioner of administration,
121.17the commissioner of commerce, the commissioner of the Pollution Control Agency, the
121.18commissioner of natural resources, the commissioner of agriculture, the commissioner of
121.19health, the commissioner of employment and economic development, the commissioner of
121.20transportation, and the chair of the Board of Water and Soil Resources, and a representative
121.21of the governor's office designated by the governor. The governor shall appoint five members
121.22from the general public to the board, one from each congressional district, subject to the
121.23advice and consent of the senate. At least two of the five four public members must have
121.24knowledge of and be conversant in water management issues in the state environmental
121.25review or permitting. The governor must appoint the chair of the board. Notwithstanding
121.26the provisions of section 15.06, subdivision 6, members of the board may not delegate their
121.27powers and responsibilities as board members to any other person. Members appointed
121.28under this subdivision must not be registered lobbyists or legislators.

121.29    Sec. 136. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read:
121.30    Subd. 2. Jurisdiction. (a) The board shall determine which environmental problems of
121.31interdepartmental concern to state government shall be considered by the board. The board
121.32shall initiate interdepartmental investigations into those matters that it determines are in
122.1need of study. Topics for investigation may include but need not be limited to future
122.2population and settlement patterns, air and water resources and quality, solid waste
122.3management, transportation and utility corridors, economically productive open space,
122.4energy policy and need, growth and development, and land use and planning.
122.5(b) The board shall review programs of state agencies that significantly affect the
122.6environment and coordinate those it determines are interdepartmental in nature, and insure
122.7agency compliance with state environmental policy.
122.8(c) The board may review environmental rules and criteria for granting and denying
122.9permits by state agencies and may resolve conflicts involving state agencies with regard to
122.10programs, rules, permits and procedures significantly affecting the environment, provided
122.11that such resolution of conflicts is consistent with state environmental policy.
122.12(d) State agencies shall submit to the board all proposed legislation of major significance
122.13relating to the environment and the board shall submit a report to the governor and the
122.14legislature with comments on such major environmental proposals of state agencies.

122.15    Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
122.16    Subd. 2a. When prepared. (a) Where there is potential for significant environmental
122.17effects resulting from any major governmental action, the action shall be preceded by a
122.18detailed environmental impact statement prepared by the responsible governmental unit.
122.19The environmental impact statement shall be an analytical rather than an encyclopedic
122.20document which describes the proposed action in detail, analyzes its significant environmental
122.21impacts, discusses appropriate alternatives to the proposed action and their impacts, and
122.22explores methods by which adverse environmental impacts of an action could be mitigated.
122.23The environmental impact statement shall also analyze those economic, employment, and
122.24sociological effects that cannot be avoided should the action be implemented. To ensure its
122.25use in the decision-making process, the environmental impact statement shall be prepared
122.26as early as practical in the formulation of an action.
122.27    (a) (b) The board shall by rule establish categories of actions for which environmental
122.28impact statements and for which environmental assessment worksheets shall be prepared
122.29as well as categories of actions for which no environmental review is required under this
122.30section. A mandatory environmental assessment worksheet shall is not be required for the
122.31expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b),
122.32or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
122.33facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
122.34or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
123.1biobutanol facility meets or exceeds thresholds of other categories of actions for which
123.2environmental assessment worksheets must be prepared. The responsible governmental unit
123.3for an ethanol plant or biobutanol facility project for which an environmental assessment
123.4worksheet is prepared shall be is the state agency with the greatest responsibility for
123.5supervising or approving the project as a whole.
123.6(c) A mandatory environmental impact statement shall is not be required for a facility
123.7or plant located outside the seven-county metropolitan area that produces less than
123.8125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
123.9than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
123.10defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
123.11in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that
123.12only uses a cellulosic feedstock to produce chemical products for use by another facility as
123.13a feedstock shall is not be considered a fuel conversion facility as used in rules adopted
123.14under this chapter.
123.15    (b) (d) The responsible governmental unit shall promptly publish notice of the completion
123.16of an environmental assessment worksheet by publishing the notice in at least one newspaper
123.17of general circulation in the geographic area where the project is proposed, by posting the
123.18notice on a Web site that has been designated as the official publication site for publication
123.19of proceedings, public notices, and summaries of a political subdivision in which the project
123.20is proposed, or in any other manner determined by the board and shall provide copies of
123.21the environmental assessment worksheet to the board and its member agencies. Comments
123.22on the need for an environmental impact statement may be submitted to the responsible
123.23governmental unit during a 30-day period following publication of the notice that an
123.24environmental assessment worksheet has been completed. The responsible governmental
123.25unit's decision on the need for an environmental impact statement shall be based on the
123.26environmental assessment worksheet and the comments received during the comment period,
123.27and shall be made within 15 days after the close of the comment period. The board's chair
123.28may extend the 15-day period by not more than 15 additional days upon the request of the
123.29responsible governmental unit.
123.30    (c) (e) An environmental assessment worksheet shall also be prepared for a proposed
123.31action whenever material evidence accompanying a petition by not less than 100 individuals
123.32who reside or own property in the state, submitted before the proposed project has received
123.33final approval by the appropriate governmental units, demonstrates that, because of the
123.34nature or location of a proposed action, there may be potential for significant environmental
123.35effects. Petitions requesting the preparation of an environmental assessment worksheet shall
124.1be submitted to the board. The chair of the board shall determine the appropriate responsible
124.2governmental unit and forward the petition to it. A decision on the need for an environmental
124.3assessment worksheet shall be made by the responsible governmental unit within 15 days
124.4after the petition is received by the responsible governmental unit. The board's chair may
124.5extend the 15-day period by not more than 15 additional days upon request of the responsible
124.6governmental unit.
124.7    (d) (f) Except in an environmentally sensitive location where Minnesota Rules, part
124.84410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
124.9review under this chapter and rules of the board, if:
124.10    (1) the proposed action is:
124.11    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
124.12    (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
124.13of less than 1,000 animal units;
124.14    (2) the application for the animal feedlot facility includes a written commitment by the
124.15proposer to design, construct, and operate the facility in full compliance with Pollution
124.16Control Agency feedlot rules; and
124.17    (3) the county board holds a public meeting for citizen input at least ten business days
124.18prior to before the Pollution Control Agency or county issuing a feedlot permit for the
124.19animal feedlot facility unless another public meeting for citizen input has been held with
124.20regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
124.21to other exemptions provided under other law and rules of the board.
124.22    (e) (g) The board may, prior to before final approval of a proposed project, require
124.23preparation of an environmental assessment worksheet by a responsible governmental unit
124.24selected by the board for any action where environmental review under this section has not
124.25been specifically provided for by rule or otherwise initiated.
124.26    (f) (h) An early and open process shall be utilized to limit the scope of the environmental
124.27impact statement to a discussion of those impacts, which that, because of the nature or
124.28location of the project, have the potential for significant environmental effects. The same
124.29process shall be utilized to determine the form, content, and level of detail of the statement
124.30as well as the alternatives which that are appropriate for consideration in the statement. In
124.31addition, the permits which that will be required for the proposed action shall be identified
124.32during the scoping process. Further, the process shall identify those permits for which
124.33information will be developed concurrently with the environmental impact statement. The
125.1board shall provide in its rules for the expeditious completion of the scoping process. The
125.2determinations reached in the process shall be incorporated into the order requiring the
125.3preparation of an environmental impact statement.
125.4    (g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication
125.5and ensure coordination between state and federal environmental review and between
125.6environmental review and environmental permitting. Whenever practical, information
125.7needed by a governmental unit for making final decisions on permits or other actions required
125.8for a proposed project shall be developed in conjunction with the preparation of an
125.9environmental impact statement. When an environmental impact statement is prepared for
125.10a project requiring multiple permits for which two or more agencies' decision processes
125.11include either mandatory or discretionary hearings before a hearing officer prior to before
125.12the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
125.13the contrary, conduct the hearings in a single consolidated hearing process if requested by
125.14the proposer. All agencies having jurisdiction over a permit that is included in the
125.15consolidated hearing shall participate. The responsible governmental unit shall establish
125.16appropriate procedures for the consolidated hearing process, including procedures to ensure
125.17that the consolidated hearing process is consistent with the applicable requirements for each
125.18permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
125.19applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
125.20a permit identified in the draft environmental assessment worksheet scoping document must
125.21begin reviewing any permit application upon publication of the notice of preparation of the
125.22environmental impact statement.
125.23    (h) (j) An environmental impact statement shall be prepared and its adequacy determined
125.24within 280 days after notice of its preparation unless the time is extended by consent of the
125.25parties or by the governor for good cause. The responsible governmental unit shall determine
125.26the adequacy of an environmental impact statement, unless within 60 days after notice is
125.27published that an environmental impact statement will be prepared, the board chooses to
125.28determine the adequacy of an environmental impact statement. If an environmental impact
125.29statement is found to be inadequate, the responsible governmental unit shall have 60 days
125.30to prepare an adequate environmental impact statement.
125.31    (i) (k) The proposer of a specific action may include in the information submitted to the
125.32responsible governmental unit a preliminary draft environmental impact statement under
125.33this section on that action for review, modification, and determination of completeness and
125.34adequacy by the responsible governmental unit. A preliminary draft environmental impact
125.35statement prepared by the project proposer and submitted to the responsible governmental
126.1unit shall identify or include as an appendix all studies and other sources of information
126.2used to substantiate the analysis contained in the preliminary draft environmental impact
126.3statement. The responsible governmental unit shall require additional studies, if needed,
126.4and obtain from the project proposer all additional studies and information necessary for
126.5the responsible governmental unit to perform its responsibility to review, modify, and
126.6determine the completeness and adequacy of the environmental impact statement.

126.7    Sec. 138. Minnesota Statutes 2016, section 116D.04, subdivision 5b, is amended to read:
126.8    Subd. 5b. Review of environmental assessment worksheets and environmental
126.9impact statements. By December 1, 2012 2018, and every five three years thereafter, the
126.10Environmental Quality Board, Pollution Control Agency, Department of Natural Resources,
126.11and Department of Transportation, after consultation with political subdivisions, shall submit
126.12to the governor and the chairs of the house of representatives and senate committees having
126.13jurisdiction over environment and natural resources a list of mandatory environmental
126.14assessment worksheet and mandatory environmental impact statement categories for which
126.15the agency or a political subdivision is designated as the responsible government unit, and
126.16for each worksheet or statement category, a document including:
126.17(1) intended historical purposes of the category;
126.18(2) whether projects that fall within the category are also subject to local, state, or federal
126.19permits; and
126.20(3) an analysis of and recommendations for whether the mandatory category should be
126.21modified, eliminated, or unchanged based on its intended outcomes and relationship to
126.22existing permits or other federal, state, or local laws or ordinances.

126.23    Sec. 139. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
126.24    Subd. 10. Review. A person aggrieved by a final decision on the need for an
126.25environmental assessment worksheet, the need for an environmental impact statement, or
126.26the adequacy of an environmental impact statement is entitled to judicial review of the
126.27decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved
126.28person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
126.29Appeals and served on the responsible governmental unit not more than 30 days after the
126.30party receives the final decision and order of the responsible governmental unit provides
126.31notice of the decision in the EQB Monitor. Proceedings for review under this section must
126.32be instituted by serving a petition for a writ of certiorari personally or by certified mail upon
126.33the responsible governmental unit and by promptly filing the proof of service in the Office
127.1of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by
127.2the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the
127.3attorney general at the time of service. Copies of the writ must be served, personally or by
127.4certified mail, upon the responsible governmental unit and the project proposer. The filing
127.5of the writ of certiorari does not stay the enforcement of any other governmental action,
127.6provided that the responsible governmental unit may stay enforcement or the Court of
127.7Appeals may order a stay upon terms it deems proper. A bond may be required under section
127.8562.02 unless at the time of hearing on the application for the bond the petitioner-relator
127.9has shown that the claim is likely to succeed on the merits. The board may initiate judicial
127.10review of decisions referred to herein and the board or a project proposer may intervene as
127.11of right in any proceeding brought under this subdivision.

127.12    Sec. 140. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
127.13    Subdivision 1. Assessment. The board shall must by rule adopt procedures to:
127.14(1) assess the proposer of a specific action for the responsible governmental unit's
127.15reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
127.16The costs shall must be determined by the responsible governmental unit pursuant according
127.17to the rules promulgated adopted by the board; and
127.18(2) authorize a responsible governmental unit to allow a proposer of a specific action to
127.19prepare a draft environmental impact statement according to section 116D.04, subdivision
127.202a, paragraph (i).

127.21    Sec. 141. Minnesota Statutes 2016, section 160.06, is amended to read:
127.22160.06 TRAIL OR PORTAGE DEDICATION.
127.23Any trail or portage between public or navigable bodies of water or from public or
127.24navigable water to a public highway in this state which that has been in continued and
127.25uninterrupted use by the general public for 15 years or more as a trail or portage for the
127.26purposes of travel, shall be is deemed to have been dedicated to the public as a trail or
127.27portage. This section shall apply applies only to forest trails on established state water trails
127.28canoe routes and the public shall have has the right to use the same for the purposes of travel
127.29to the same extent as public highways. The width of all trails and portages dedicated by
127.30user shall be is eight feet on each side of the centerline of the trail or portage.

128.1    Sec. 142. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read:
128.2    Subdivision 1. General requirements and procedures. (a) The commissioner shall
128.3issue state parks and trails plates to an applicant who:
128.4(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup
128.5truck, or motorcycle;
128.6(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
128.7(3) pays the registration tax required under section 168.013;
128.8(4) pays the fees required under this chapter;
128.9(5) contributes a minimum of $50 $60 annually to the state parks and trails donation
128.10account established in section 85.056; and
128.11(6) complies with this chapter and rules governing registration of motor vehicles and
128.12licensing of drivers.
128.13(b) The state parks and trails plate application must indicate that the contribution specified
128.14under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the
128.15applicant may make an additional contribution to the account.
128.16(c) State parks and trails plates may be personalized according to section 168.12,
128.17subdivision 2a.

128.18    Sec. 143. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read:
128.19    Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property
128.20of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether
128.21the land is held in trust for taxing districts, and which borders on or is adjacent to meandered
128.22lakes and other public waters and watercourses, and the live timber growing or being thereon,
128.23is hereby withdrawn from sale except as hereinafter provided. The authority having
128.24jurisdiction over the timber on any such of these lands may sell the timber as otherwise
128.25provided by law for cutting and removal under such the conditions as the authority may
128.26prescribe in accordance with approved, sustained yield forestry practices. The authority
128.27having jurisdiction over the timber shall reserve such the timber and impose such the
128.28conditions as the authority deems necessary for the protection of watersheds, wildlife habitat,
128.29shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties
128.30described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on
128.31tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on
128.32federal lands.
129.1(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public
129.2waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary
129.3high-water mark being the waterside boundary thereof, and the land side boundary thereof
129.4being a line drawn parallel to the ordinary high-water mark and two rods distant landward
129.5therefrom, hereby is reserved for public travel thereon, and whatever the conformation of
129.6the shore line or conditions require, the authority having jurisdiction over such these lands
129.7shall reserve a wider strip for such these purposes.
129.8(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by
129.9the authority having jurisdiction over the land, in the manner otherwise provided by law
129.10for the sale of such the lands, if the authority determines that it is in the public interest to
129.11do so. Any tract or parcel of land within a plat of record bordering on or adjacent to
129.12meandered lakes and other public waters and watercourses may be sold by the authority
129.13having jurisdiction over the land, in the manner otherwise provided by law for the sale of
129.14the lands, if the authority determines that it is in the public interest to do so. If the authority
129.15having jurisdiction over the land is not the commissioner of natural resources, the land may
129.16not be offered for sale without the prior approval of the commissioner of natural resources.
129.17(d) Where the authority having jurisdiction over lands withdrawn from sale under this
129.18section is not the commissioner of natural resources, the authority may submit proposals
129.19for disposition of the lands to the commissioner. The commissioner of natural resources
129.20shall evaluate the lands and their public benefits and make recommendations on the proposed
129.21dispositions to the committees of the legislature with jurisdiction over natural resources.
129.22The commissioner shall include any recommendations of the commissioner for disposition
129.23of lands withdrawn from sale under this section over which the commissioner has jurisdiction.
129.24The commissioner's recommendations may include a public sale, sale to a private party,
129.25acquisition by the Department of Natural Resources for public purposes, or a cooperative
129.26management agreement with, or transfer to, another unit of government.

129.27    Sec. 144. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read:
129.28    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms
129.29and conditions set by the county board, may sell timber upon any tract that may be approved
129.30by the natural resources commissioner. The sale of timber shall be made for cash at not less
129.31than the appraised value determined by the county board to the highest bidder after not less
129.32than one week's published notice in an official paper within the county. Any timber offered
129.33at the public sale and not sold may thereafter be sold at private sale by the county auditor
129.34at not less than the appraised value thereof, until the time as the county board may withdraw
130.1the timber from sale. The appraised value of the timber and the forestry practices to be
130.2followed in the cutting of said timber shall be approved by the commissioner of natural
130.3resources.
130.4    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made
130.5in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales,
130.6the down payment shall be no less than 15 percent of the appraised value, and the balance
130.7shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a
130.8single sale with predetermined cutting blocks, the down payment shall be no less than 15
130.9percent of the appraised price of the entire timber sale which may be held until the satisfactory
130.10completion of the sale or applied in whole or in part to the final cutting block. The value of
130.11each separate block must be paid in full before any cutting may begin in that block. With
130.12the permission of the county contract administrator the purchaser may enter unpaid blocks
130.13and cut necessary timber incidental to developing logging roads as may be needed to log
130.14other blocks provided that no timber may be removed from an unpaid block until separately
130.15scaled and paid for. If payment is provided as specified in this paragraph as security under
130.16paragraph (a) and no cutting has taken place on the contract, the county auditor may credit
130.17the security provided, less any down payment required for an auction sale under this
130.18paragraph, to any other contract issued to the contract holder by the county under this chapter
130.19to which the contract holder requests in writing that it be credited, provided the request and
130.20transfer is made within the same calendar year as the security was received.
130.21    (c) The county board may sell any timber, including biomass, as appraised or scaled.
130.22Any parcels of land from which timber is to be sold by scale of cut products shall be so
130.23designated in the published notice of sale under paragraph (a), in which case the notice shall
130.24contain a description of the parcels, a statement of the estimated quantity of each species
130.25of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per
130.26piece, as the case may be. In those cases any bids offered over and above the appraised
130.27prices shall be by percentage, the percent bid to be added to the appraised price of each of
130.28the different species of timber advertised on the land. The purchaser of timber from the
130.29parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the
130.30notice of sale as estimated to be standing on the land, and in addition shall pay at the same
130.31rate for any additional amounts which the final scale shows to have been cut or was available
130.32for cutting on the land at the time of sale under the terms of the sale. Where the final scale
130.33of cut products shows that less timber was cut or was available for cutting under terms of
130.34the sale than was originally paid for, the excess payment shall be refunded from the forfeited
130.35tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board
131.1as in case of other claims against the county. No timber, except hardwood pulpwood, may
131.2be removed from the parcels of land or other designated landings until scaled by a person
131.3or persons designated by the county board and approved by the commissioner of natural
131.4resources. Landings other than the parcel of land from which timber is cut may be designated
131.5for scaling by the county board by written agreement with the purchaser of the timber. The
131.6county board may, by written agreement with the purchaser and with a consumer designated
131.7by the purchaser when the timber is sold by the county auditor, and with the approval of
131.8the commissioner of natural resources, accept the consumer's scale of cut products delivered
131.9at the consumer's landing. No timber shall be removed until fully paid for in cash. Small
131.10amounts of timber not exceeding $3,000 500 cords in appraised valuation volume may be
131.11sold for not less than the full appraised value at private sale to individual persons without
131.12first publishing notice of sale or calling for bids, provided that in case of a sale involving a
131.13total appraised value of more than $200 the sale shall be made subject to final settlement
131.14on the basis of a scale of cut products in the manner above provided and not more than two
131.15of the sales, directly or indirectly to any individual shall be in effect at one time.
131.16    (d) As directed by the county board, the county auditor may lease tax-forfeited land to
131.17individuals, corporations or organized subdivisions of the state at public or private sale, and
131.18at the prices and under the terms as the county board may prescribe, for use as cottage and
131.19camp sites and for agricultural purposes and for the purpose of taking and removing of hay,
131.20stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites
131.21and other temporary uses provided that no leases shall be for a period to exceed ten years;
131.22provided, further that any leases involving a consideration of more than $12,000 per year,
131.23except to an organized subdivision of the state shall first be offered at public sale in the
131.24manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain
131.25subject to the lease for not to exceed one year from the beginning of the term of the lease.
131.26Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be
131.27refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and
131.28allowed by the county board as in case of other claims against the county.
131.29    (e) As directed by the county board, the county auditor may lease tax-forfeited land to
131.30individuals, corporations, or organized subdivisions of the state at public or private sale, at
131.31the prices and under the terms as the county board may prescribe, for the purpose of taking
131.32and removing for use for road construction and other purposes tax-forfeited stockpiled
131.33iron-bearing material. The county auditor must determine that the material is needed and
131.34suitable for use in the construction or maintenance of a road, tailings basin, settling basin,
131.35dike, dam, bank fill, or other works on public or private property, and that the use would
132.1be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile
132.2for these purposes must first be approved by the commissioner of natural resources. The
132.3request shall be deemed approved unless the requesting county is notified to the contrary
132.4by the commissioner of natural resources within six months after receipt of a request for
132.5approval for use of a stockpile. Once use of a stockpile has been approved, the county may
132.6continue to lease it for these purposes until approval is withdrawn by the commissioner of
132.7natural resources.
132.8    (f) The county auditor, with the approval of the county board is authorized to grant
132.9permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores,
132.10tailings, or waste products from mines or ore milling plants, or to use for facilities needed
132.11to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed
132.12for a mining operation, upon the conditions and for the consideration and for the period of
132.13time, not exceeding 25 years, as the county board may determine. The permits, licenses, or
132.14leases are subject to approval by the commissioner of natural resources.
132.15    (g) Any person who removes any timber from tax-forfeited land before said timber has
132.16been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.
132.17    (h) The county auditor may, with the approval of the county board, and without first
132.18offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of
132.19peat and for the production or removal of farm-grown closed-loop biomass as defined in
132.20section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands
132.21upon the terms and conditions as the county board may prescribe. Any lease for the removal
132.22of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited
132.23lands must first be reviewed and approved by the commissioner of natural resources if the
132.24lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop
132.25biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this
132.26section without first holding a public hearing on the auditor's intention to lease. One printed
132.27notice in a legal newspaper in the county at least ten days before the hearing, and posted
132.28notice in the courthouse at least 20 days before the hearing shall be given of the hearing.
132.29    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County
132.30auditor may, at the discretion of the county board, sell timber to the party who bids the
132.31highest price for all the several kinds of timber, as provided for sales by the commissioner
132.32of natural resources under section 90.14. Bids offered over and above the appraised price
132.33need not be applied proportionately to the appraised price of each of the different species
132.34of timber.
133.1    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the county
133.2board and under terms set by the county board, the county auditor may accept an irrevocable
133.3bank letter of credit in the amount equal to the amount otherwise determined in paragraph
133.4(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written
133.5request of the purchaser, the county may periodically allow the bank letter of credit to be
133.6reduced by an amount proportionate to the value of timber that has been harvested and for
133.7which the county has received payment. The remaining amount of the bank letter of credit
133.8after a reduction under this paragraph must not be less than 20 percent of the value of the
133.9timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the
133.10down payment required in paragraph (b), and no cutting of timber has taken place on the
133.11contract for which a letter of credit has been provided, the county may allow the transfer
133.12of the letter of credit to any other contract issued to the contract holder by the county under
133.13this chapter to which the contract holder requests in writing that it be credited.

133.14    Sec. 145. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read:
133.15    Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts
133.16determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution
133.17fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706.
133.18These amounts, together with interest and penalties for delinquency in payment, paid or
133.19collected pursuant to the provisions of this chapter, must be computed for each six-month
133.20period ending June 30 and December 31 and must be transferred on November 1 and June
133.21April 1 following each six-month period.
133.22EFFECTIVE DATE.This section is effective the day following final enactment.

133.23    Sec. 146. [477A.21] RIPARIAN PROTECTION AID.
133.24    Subdivision 1. Definitions. For purposes of this section, the following terms have the
133.25meanings given:
133.26(1) "buffer protection map" has the meaning given under section 103F.48, subdivision
133.271; and
133.28(2) "public watercourses" means public waters and public drainage systems subject to
133.29riparian protection requirements under section 103F.48.
133.30    Subd. 2. Certifications to commissioner. (a) The Board of Water and Soil Resources
133.31must certify to the commissioner of revenue, on or before July 1 each year, which counties
133.32and watershed districts have affirmed their jurisdiction under section 103F.48 and the
134.1proportion of centerline miles of public watercourses, and miles of public drainage system
134.2ditches on the buffer protection map, within each county and each watershed district within
134.3the county with affirmed jurisdiction.
134.4(b) On or before July 1 each year, the commissioner of natural resources shall certify to
134.5the commissioner of revenue the statewide and countywide number of centerline miles of
134.6public watercourses and miles of public drainage system ditches on the buffer protection
134.7map.
134.8    Subd. 3. Distribution. (a) A county that is certified under subdivision 2, or that portion
134.9of a county containing a watershed district certified under subdivision 2, is eligible to receive
134.10aid under this section to enforce and implement the riparian protection and water quality
134.11practices under section 103F.48. Each county's preliminary aid amount is equal to the
134.12proportion calculated under paragraph (b) multiplied by the appropriation received each
134.13year by the commissioner for purposes of payments under this section.
134.14(b) The commissioner must compute each county's proportion. A county's proportion is
134.15equal to the ratio of the sum in clause (1) to the sum in clause (2):
134.16(1) the sum of the total number of acres in the county classified as class 2a under section
134.17273.13, subdivision 23, the countywide number of centerline miles of public watercourses
134.18on the buffer protection map, and the countywide number of miles of public drainage system
134.19ditches on the buffer protection map; and
134.20(2) the sum of the statewide total number of acres classified as class 2a under section
134.21273.13, subdivision 23, the statewide total number of centerline miles of public watercourses
134.22on the buffer protection map, and the statewide total number of public drainage system
134.23miles on the buffer protection map.
134.24(c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum
134.25of the preliminary aids payable to counties under paragraph (a) is greater or less than the
134.26appropriation received by the commissioner, the commissioner of revenue must calculate
134.27the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals
134.28the total amount received by the commissioner, subject to the minimum and maximum
134.29amounts specified in this paragraph. The minimum and maximum amounts under this
134.30paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000.
134.31(d) If only a portion of a county is certified as eligible to receive aid under subdivision
134.322, the aid otherwise payable to that county under this section must be multiplied by a fraction,
134.33the numerator of which is the buffer protection map miles of the certified watershed districts
135.1contained within the county and the denominator of which is the total buffer protection map
135.2miles of the county.
135.3(e) Any aid that would otherwise be paid to a county or portion of a county that is not
135.4certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for
135.5enforcing and implementing the riparian protection and water quality practices under section
135.6103F.48.
135.7    Subd. 4. Payments. The commissioner of revenue must compute the amount of riparian
135.8protection aid payable to each eligible county and to the Board of Water and Soil Resources
135.9under this section. On or before August 1 each year, the commissioner must certify the
135.10amount to be paid to each county and the Board of Water and Soil Resources in the following
135.11year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner
135.12must pay riparian protection aid to counties and to the Board of Water and Soil Resources
135.13in the same manner and at the same time as aid payments under section 477A.015.
135.14EFFECTIVE DATE.This section is effective the day following final enactment and
135.15applies to aids payable in 2017 and thereafter.

135.16    Sec. 147. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182,
135.17section 2, is amended to read:
135.18    Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE
135.19PARK.]
135.20    (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota
135.21that was included in the Soudan underground mine state park, with certain lands at Stuntz
135.22Bay subject to leases outstanding for employee boathouse sites.
135.23    (b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and
135.2486A.05, subdivision 2 , upon the expiration of a boathouse lease described under paragraph
135.25(a), the commissioner of natural resources shall offer a new lease to the party in possession
135.26at the time of lease expiration, or, if there has been a miscellaneous lease issued by the
135.27Department of Natural Resources due to expiration of a lease described under paragraph
135.28(a), upon its expiration to the lessee. The new lease shall be issued under the terms and
135.29conditions of Minnesota Statutes, section 92.50, with the following limitations except as
135.30follows:
135.31    (1) the term of the lease shall be for the lifetime of the party being issued a renewed
135.32lease and, if transferred, for the lifetime of the party to whom the lease is transferred;
136.1    (2) the new lease shall provide that the lease may be transferred only once and the transfer
136.2must be to a person within the third degree of kindred or first cousin according to civil law;
136.3and
136.4    (3) the commissioner shall limit the number of lessees per lease to no more than two
136.5persons who have attained legal age.; and
136.6    (4) the lease amount must not exceed 50 percent of the average market rate, based on
136.7comparable private lease rates, as determined once every five years per lease.
136.8At the time of the new lease, the commissioner may offer, and after agreement with the
136.9leaseholder, lease equivalent alternative sites to the leaseholder.
136.10    (c) The commissioner shall not cancel a boathouse lease described under paragraphs (a)
136.11and (b) except for noncompliance with the lease agreement.
136.12    (d) By January 15, 2001, the commissioner of natural resources shall report to the senate
136.13and house environment and natural resources policy and finance committees on boathouse
136.14leases in state parks. The report shall include information on:
136.15    (1) the number of boathouse leases;
136.16    (2) the number of leases that have forfeited;
136.17    (3) the expiration dates of the leases;
136.18    (4) the historical significance of the boathouses;
136.19    (5) recommendations on the inclusion of the land described in paragraph (d) within the
136.20park boundary; and
136.21    (6) any other relevant information on the leases.
136.22(d) The commissioner must issue a written receipt to the lessee for each lease payment.
136.23    (e) The commissioner of natural resources shall contact U.S.X. Corporation and local
136.24units of government regarding the inclusion of the following lands within Soudan
136.25underground mine state park:
136.26    (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62
136.27North, Range 15 West;
136.28    (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section
136.2914, Township 62 North, Range 15 West;
136.30    (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West;
137.1    (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62
137.2North, Range 15 West;
137.3    (5) all of Section 24, Township 62 North, Range 15 West;
137.4    (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North,
137.5Range 15 West;
137.6    (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North,
137.7Range 15 West;
137.8    (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West;
137.9and
137.10    (9) NW1/4 of Section 19, Township 62 North, Range 14 West.
137.11EFFECTIVE DATE.This section is effective the day following final enactment and
137.12applies to monthly lease payments made on or after that date.

137.13    Sec. 148. Laws 2013, chapter 114, article 4, section 105, is amended to read:
137.14    Sec. 105. RULES; SILICA SAND.
137.15(a) The commissioner of the Pollution Control Agency shall may adopt rules pertaining
137.16to the control of particulate emissions from silica sand projects. The rulemaking is exempt
137.17from Minnesota Statutes, section 14.125.
137.18(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation
137.19of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.
137.20(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
137.21value for silica sand.
137.22(d) The Environmental Quality Board shall may amend its rules for environmental
137.23review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
137.24processing to take into account the increased activity in the state and concerns over the size
137.25of specific operations. The Environmental Quality Board shall consider whether the
137.26requirements of Minnesota Statutes, section 116C.991, should remain part of the
137.27environmental review requirements for silica sand and whether the requirements should be
137.28different for different geographic areas of the state. The rulemaking is exempt from Minnesota
137.29Statutes, section 14.125.

138.1    Sec. 149. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended
138.2to read:
138.3    Sec. 136. WILD RICE WATER QUALITY STANDARDS.
138.4(a) Until the commissioner of the Pollution Control Agency amends rules refining the
138.5wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider
138.6all independent research and publicly funded research and to include criteria for identifying
138.7waters and a list of waters subject to the standard, implementation of the wild rice water
138.8quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the
138.9following, unless the permittee requests additional conditions:
138.10(1) when issuing, modifying, or renewing national pollutant discharge elimination system
138.11(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild
138.12rice, and in doing so shall be limited by the following conditions:
138.13(i) the agency shall not require permittees to expend money for design or implementation
138.14of sulfate treatment technologies or other forms of sulfate mitigation; and
138.15(ii) the agency may require sulfate minimization plans in permits; and
138.16(2) the agency shall not list waters containing natural beds of wild rice as impaired for
138.17sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33,
138.18section 1313, until the rulemaking described in this paragraph takes effect.
138.19(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits
138.20issued or reissued after the effective date of this section as needed to include numeric permit
138.21limits based on the wild rice water quality standard.
138.22(c) The commissioner shall complete the rulemaking described in paragraph (a) by
138.23January 15, 2018 2019.

138.24    Sec. 150. Laws 2015, First Special Session chapter 4, article 4, section 146, is amended
138.25to read:
138.26    Sec. 146. INITIAL IMPLEMENTATION; WAIVERS.
138.27A soil and water conservation district must grant a conditional compliance waiver under
138.28Minnesota Statutes, section 103F.48, to landowners or authorized agents who have applied
138.29for and maintained eligibility for financial or technical assistance within one year of the
138.30dates listed in Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according
138.31to Minnesota Statutes, section 103F.48. A conditional compliance waiver also must be
138.32granted to landowners who are subject to a drainage proceeding commenced under Minnesota
139.1Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715. The
139.2conditional compliance waiver is valid until financial or technical assistance is available
139.3for buffer or alternative practices installation, but not later than November 1, 2018. A
139.4landowner or authorized agent that has filed a parcel-specific riparian protection compliance
139.5plan with the soil and water conservation district by November 1, 2017, shall be granted a
139.6conditional compliance waiver until July 1, 2018.

139.7    Sec. 151. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to
139.8read:
139.9EFFECTIVE DATE.This section is effective May 1, 2017 2018.
139.10EFFECTIVE DATE.This section is effective retroactively from April 30, 2017.

139.11    Sec. 152. Laws 2016, chapter 189, article 3, section 46, is amended to read:
139.12    Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT.
139.13The commissioner of natural resources, in cooperation with prescribed burning
139.14professionals, nongovernmental organizations, and local and federal governments, must
139.15develop criteria for certifying an entity to conduct a prescribed burn under a general an open
139.16burning permit. The certification requirements must include training, equipment, and
139.17experience requirements and include an apprentice program to allow entities without
139.18experience to become certified. The commissioner must establish provisions for decertifying
139.19entities. The commissioner must not require additional certification or requirements for
139.20burns conducted as part of normal agricultural practices not currently subject to prescribed
139.21burn specifications. The commissioner must submit a report with recommendations and
139.22any legislative changes needed to the chairs and ranking minority members of the house of
139.23representatives and senate committees and divisions with jurisdiction over environment and
139.24natural resources by January 15, 2017.

139.25    Sec. 153. DEMOLITION DEBRIS LANDFILL PERMITTING.
139.26A solid waste permit issued by the Pollution Control Agency to an existing class I
139.27demolition debris landfill facility that is operating under the Pollution Control Agency
139.28Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
139.29Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility
139.30by the Pollution Control Agency after the effective date of this section.
139.31EFFECTIVE DATE.This section is effective the day following final enactment.

140.1    Sec. 154. ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION.
140.2(a) Until the governor has appointed members of the Environmental Quality Board from
140.3each congressional district as required under this act, this section governs membership of
140.4the board.
140.5(b) The citizen members of the board as of July 1, 2017, shall continue to serve until the
140.6expiration of their terms.
140.7(c) No later than October 1, 2017, the governor shall appoint board members from the
140.8First, Second, Seventh, and Eighth Congressional Districts for terms to begin January 2,
140.92018.
140.10(d) No later than October 1, 2018, the governor shall appoint a board member from the
140.11Third Congressional District for a term to begin January 8, 2019.
140.12(e) No later than October 1, 2019, the governor shall appoint a board member from the
140.13Fourth Congressional District for a term to begin January 7, 2020.
140.14(f) No later than October 1, 2020, the governor shall appoint a board member from the
140.15Fifth Congressional District for a term to begin January 5, 2021.
140.16(g) No later than October 1, 2021, the governor shall appoint a commissioner from the
140.17Sixth Congressional District for a term to begin January 4, 2022.

140.18    Sec. 155. SAND DUNES STATE FOREST MANAGEMENT.
140.19    Subdivision 1. Forest management. When managing the Sand Dunes State Forest, the
140.20commissioner of natural resources must:
140.21(1) not convert additional land to oak savanna or convert oak savanna to nonforest land
140.22unless it is done as a result of a contract entered into before the effective date of this section;
140.23(2) require all prairie seeds planted to be from native species of a local ecotype to
140.24Sherburne or Benton County; and
140.25(3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in
140.26residential areas.
140.27    Subd. 2. Prescribed burns; notification. At least 40 days before conducting a prescribed
140.28burn, the commissioner must:
140.29(1) publish a notice in a newspaper of general circulation in the area;
140.30(2) notify the county and township in writing; and
141.1(3) notify residents within a quarter mile of the prescribed burn in writing.
141.2    Subd. 3. School trust lands. Nothing in this section restricts the ability of the
141.3commissioner or the school trust lands director from managing school trust lands within
141.4the Sand Dunes State Forest for long-term economic return.
141.5    Subd. 4. Township road. If the commissioner of natural resources finds that any portion
141.6of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the
141.7commissioner must convey an easement over and across state-owned lands administered
141.8by the commissioner to the township under Minnesota Statutes, section 84.63, for the width
141.9of 233rd Avenue.
141.10    Subd. 5. Sunset. This section expires two years from the day following final enactment.
141.11EFFECTIVE DATE.This section is effective the day following final enactment.

141.12    Sec. 156. HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION
141.13PLAN.
141.14(a) The commissioner of natural resources must work with the commissioner of the Iron
141.15Range Resources and Rehabilitation Board and representatives from the city of Calumet,
141.16Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating
141.17model for local management and operation of Hill-Annex Mine State Park until mining
141.18resumes on the property. The commissioner of natural resources must submit a management
141.19and operation plan to the chairs and ranking minority members of the house of representatives
141.20and senate committees and divisions with jurisdiction over environment and natural resources
141.21by January 15, 2018.
141.22    (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation
141.23at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels.

141.24    Sec. 157. BASE BUDGET REPORT.
141.25(a) The commissioners of natural resources and the Pollution Control Agency must each
141.26submit a report that contains the details of their base budgets, by fiscal year, including:
141.27(1) appropriation riders for the previous biennium and the year the rider was first used;
141.28(2) anticipated appropriation riders for the fiscal years 2020-2021 biennium;
141.29(3) statutory appropriations; and
141.30(4) an explanation on the use of funds for each appropriation not covered by a rider.
142.1(b) The reports must be submitted to the chairs and ranking minority members of the
142.2house of representatives and senate committees and divisions with jurisdiction over
142.3environment and natural resources by October 15, 2018.

142.4    Sec. 158. RULEMAKING; MINNOW LICENSES.
142.5The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100,
142.6subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The
142.7commissioner may use the good cause exemption under Minnesota Statutes, section 14.388,
142.8subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section
142.914.386, does not apply, except as provided under Minnesota Statutes, section 14.388.

142.10    Sec. 159. CANCELLATION OF PERMITS.
142.11Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
142.12Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective
142.13July 1, 2017.

142.14    Sec. 160. RULEMAKING; EFFLUENT LIMITATION COMPLIANCE.
142.15(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
142.16part 7001.0150, subpart 2, item A, by inserting the following:
142.17"For a municipality that constructs a publicly owned treatment works facility to comply
142.18with a new or modified effluent limitation, compliance with any new or modified effluent
142.19limitation adopted after construction begins that would require additional capital investment
142.20is required no sooner than 16 years after the date of initiation of operation of the facility."
142.21(b) The commissioner may use the good cause exemption under Minnesota Statutes,
142.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
142.23Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
142.24section 14.388.

142.25    Sec. 161. DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY
142.26ENVIRONMENTAL TRUST FUND.
142.27Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the
142.28disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must
142.29deposit any money received from the sale of tax-forfeited land purchased by the Fond du
142.30Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter
142.31256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund
143.1established by the county. The principal from the sale of the land may not be expended.
143.2The county may spend interest earned on the principal only for purposes related to improving
143.3natural resources.
143.4EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
143.5the St. Louis County Board and its chief clerical officer timely complete their compliance
143.6with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

143.7    Sec. 162. MINNOW IMPORTATION RISK REPORT.
143.8By January 15, 2018, the commissioner of natural resources must report to the chairs of
143.9the legislative committees with jurisdiction over natural resources regarding potential risks
143.10of importing golden shiner minnows into Minnesota. The commissioner of natural resources
143.11must coordinate with the University of Minnesota and may use a third party to produce the
143.12report. The report must:
143.13(1) review the Arkansas bait certification program to determine specific risks and potential
143.14mitigation measures of allowing the importation of golden shiner minnows by a person that
143.15holds a Minnesota wholesale minnow dealers license issued under Minnesota Statutes,
143.16section 97C.501, subdivision 2; and
143.17(2) include recommendations on testing protocols or procedures needed to protect
143.18Minnesota's waters from invasive species and fish disease introduction.

143.19    Sec. 163. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
143.20COUNTY.
143.21Before July 1, 2018, the commissioner of natural resources must not initiate a civil action
143.22to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater County.
143.23EFFECTIVE DATE.This section is effective the day following final enactment.

143.24    Sec. 164. RULES LIMITING USE OF LEAD SHOT PROHIBITED.
143.25Until July 1, 2019, the commissioner of natural resources shall not adopt rules further
143.26restricting the use of lead shot.
143.27EFFECTIVE DATE.This section is effective the day following final enactment and
143.28applies to rules adopted on or after that date.

144.1    Sec. 165. REVISOR'S INSTRUCTION.
144.2In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all
144.3references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with
144.4Minnesota Statutes, section 115B.39, subdivision 2, paragraph (o), and shall make all other
144.5necessary changes to preserve the meaning of the text and to conform with the paragraph
144.6relettering in this act.

144.7    Sec. 166. REPEALER.
144.8(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
144.997C.701, subdivisions 1a and 6; 97C.705; 97C.711; 116C.03, subdivision 3a; and 116C.04,
144.10subdivision 3, are repealed.
144.11(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
144.126258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed."
144.13Delete the title and insert:
144.14"A bill for an act
144.15relating to state government; appropriating money for environment, natural
144.16resources, and tourism purposes; modifying fees; providing for disposition of
144.17certain receipts; modifying grant, contract, and lease provisions; modifying state
144.18park permit requirements; modifying water safety provisions; modifying provisions
144.19to take, possess, and transport wildlife; modifying duties and authority; modifying
144.20Minnesota Naturalist Corps provisions; modifying prescribed burn provisions;
144.21modifying timber sales provisions; providing for certain hearings, appeals, and
144.22reviews; modifying buffer requirements; modifying landfill cleanup program;
144.23modifying tax-forfeited land provisions; providing for riparian protection aid;
144.24modifying the Water Law; modifying invasive species provisions; modifying
144.25off-highway vehicle provisions; modifying permit and license requirements;
144.26modifying Petroleum Tank Release Cleanup Act; extending ban on open air swine
144.27basins; modifying environmental review; modifying Environmental Quality Board;
144.28requiring reports; requiring rulemaking;amending Minnesota Statutes 2016,
144.29sections 84.01, by adding a subdivision; 84.027, subdivisions 14a, 14b; 84.788,
144.30subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivisions 2, 3; 84.8205,
144.31subdivision 1; 84.922, subdivision 5; 84.925, subdivision 1; 84.9256, subdivisions
144.321, 2; 84.9275, subdivision 1; 84.946, subdivision 2, by adding a subdivision; 84.992,
144.33subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05,
144.34subdivision 1; 84D.108, subdivision 2a, by adding subdivisions; 84D.11, by adding
144.35a subdivision; 85.052, subdivision 1; 85.053, subdivisions 8, 10; 85.054, by adding
144.36a subdivision; 85.055, subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1;
144.3786B.301, subdivision 2; 86B.313, subdivision 1; 86B.701, subdivision 3; 88.01,
144.38subdivision 28; 88.523; 89.39; 90.01, subdivisions 8, 12, by adding a subdivision;
144.3990.041, subdivision 2; 90.051; 90.101, subdivision 2; 90.14; 90.145, subdivision
144.402; 90.151, subdivision 1; 90.162; 90.252; 93.25, subdivision 2; 93.47, subdivision
144.414; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344, subdivision 9;
144.4297A.015, subdivisions 39, 43, 45, 52, 53, by adding a subdivision; 97A.045,
144.43subdivision 10; 97A.055, subdivision 2; 97A.075, subdivision 1; 97A.137,
144.44subdivision 5; 97A.201, subdivision 2, by adding a subdivision; 97A.225,
144.45subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421,
144.46subdivision 2a; 97A.441, subdivision 1; 97A.473, subdivisions 2, 2a, 2b, 4, 5, 5a;
145.197A.474, subdivision 2; 97A.475, subdivisions 2, 3, 6, 7, 8, 45; 97B.031,
145.2subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1;
145.397C.081, subdivision 3; 97C.355, subdivisions 2, 2a; 97C.401, subdivision 2;
145.497C.501, subdivision 1; 97C.701, by adding a subdivision; 103F.48, subdivisions
145.51, 3; 103G.005, subdivisions 10b, 10h, by adding a subdivision; 103G.222,
145.6subdivisions 1, 3; 103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision
145.71; 103G.271, subdivisions 1, 6, 6a, 7; 103G.287, subdivision 1; 103G.411; 114D.25,
145.8by adding a subdivision; 115B.39, subdivision 2; 115B.40, subdivision 4; 115C.021,
145.9subdivision 1, by adding a subdivision; 116.03, subdivision 2b, by adding a
145.10subdivision; 116.07, subdivision 4d; 116.0714; 116C.03, subdivision 2; 116C.04,
145.11subdivision 2; 116D.04, subdivisions 2a, 5b, 10; 116D.045, subdivision 1; 160.06;
145.12168.1295, subdivision 1; 282.018, subdivision 1; 282.04, subdivision 1; 296A.18,
145.13subdivision 6a; Laws 2000, chapter 486, section 4, as amended; Laws 2013, chapter
145.14114, article 4, section 105; Laws 2015, First Special Session chapter 4, article 4,
145.15sections 136; 146; Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing
145.16coding for new law in Minnesota Statutes, chapters 85; 93; 115; 115B; 477A;
145.17repealing Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031,
145.18subdivision 5; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.03, subdivision
145.193a; 116C.04, subdivision 3; Minnesota Rules, parts 6258.0100; 6258.0200;
145.206258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts 1, 4, 5;
145.216258.0800; 6258.0900."
We request the adoption of this report and repassage of the bill.
Senate Conferees:
..... .....
Bill Ingebrigtsen Carrie Ruud
..... .....
Torrey N. Westrom Andrew Mathews
.....
David J. Tomassoni
House Conferees:
..... .....
Dan Fabian Mark Uglem
..... .....
Josh Heintzeman Chris Swedzinski
.....
Rob Ecklund