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SF 2096

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 06/21/2017 11:31am

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A bill for an act
relating to state government; appropriating money for environment, natural
resources, energy, and commerce; modifying provisions related to agency service
requirements, land acquisition, authorized sales, railroad prairie right-of-ways,
county and municipality comprehensive plans, off-highway vehicles, prairie
plant seed production, invasive species, state recreation areas, canoe routes,
timber sales, mineral payments, wetlands, individual sewage treatment systems,
and genetically engineered organisms; providing for venison donation, plant and
tree pest control, community forest management, penalty orders, and local water
management oversight; modifying disposition of certain revenue; modifying
definitions; authorizing and requiring rulemaking; modifying certain license
requirements; modifying and establishing certain fees and surcharges; modifying
and creating certain accounts and funds; extending sunset of provisions related to
sustainable forest resources and the Mineral Coordinating Committee; modifying
authority of watershed district managers and soil and water conservation district
supervisors; providing for ditch buffers, a clean energy program, environmental
health tracking and biomonitoring, regulation of polybrominated diphenyl
ethers, classification of state forests, trail designation, forest protection, and
lease of certain tax-forfeited land; exempting certain exchanged land from the
tax-forfeited land assurance fee; establishing a wildlife management area;
designating state energy city; creating energy savings incentive and propane
prepurchase programs; modifying provisions for nuclear waste storage, public
utilities, cold weather rule, renewable energy research and production incentives,
hydrogen energy, the Legislative Electric Energy Task Force, and energy
planning; providing for intervenor compensation, low-income affordability
programs, clean resource teams, hydrogen refueling station grants, and carbon
sequestration studies; providing for certain power producing facilities in St.
Paul and Winona; modifying or adding provisions relating to vehicle protection
products, debt management services, long-term care insurance training, financial
institutions, securities regulation, mortgage originators, and low-income
weatherization and energy assistance programs; requiring studies and reports;
providing civil penalties; amending Minnesota Statutes 2006, sections 10A.01,
subdivision 35; 13.712, by adding a subdivision; 15.99, subdivision 3; 16A.531,
subdivision 1a; 17.4984, subdivision 1; 18G.03, by adding a subdivision;
18G.11; 45.011, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision
2; 47.19; 47.59, subdivision 6; 47.60, subdivision 2; 47.62, subdivision 1;
47.75, subdivision 1; 48.15, subdivision 4; 58.04, subdivision 1; 58.05; 58.06,
subdivision 2, by adding a subdivision; 58.08, subdivision 3; 58.10, subdivision
1; 60K.55, subdivision 2; 80A.28, subdivision 1; 80A.65, subdivision 1;
82.24, subdivisions 1, 4; 82B.09, subdivision 1; 84.025, subdivision 9; 84.026,
subdivision 1; 84.027, by adding a subdivision; 84.0272, by adding a subdivision;
84.0855, subdivisions 1, 2; 84.777; 84.780; 84.922, subdivisions 1a, 5; 84.927,
subdivision 2; 84.963; 84D.02, by adding a subdivision; 84D.03, subdivision 1;
84D.12, subdivisions 1, 3; 84D.13, subdivision 7; 84D.14; 85.013, by adding
a subdivision; 85.054, by adding a subdivision; 85.32, subdivision 1; 86B.706,
subdivision 2; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82;
89.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.22,
subdivision 2; 89.51, subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56,
subdivisions 1, 3; 89.57; 89.58; 89.59; 89.60; 89.61; 89A.11; 90.161, by adding a
subdivision; 93.0015, subdivision 3; 93.22, subdivision 1; 97A.045, by adding a
subdivision; 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.133,
by adding a subdivision; 97A.205; 97A.405, subdivision 2; 97A.411, subdivision
1; 97A.451, subdivision 3a; 97A.465, by adding subdivisions; 97A.473,
subdivisions 3, 5; 97A.475, subdivisions 3, 7, 11, 12, by adding a subdivision;
97A.485, subdivision 7; 97B.601, subdivision 3; 97B.715, subdivision 1;
97B.801; 97C.081, subdivision 3; 97C.355, subdivision 2; 103B.101, by adding
a subdivision; 103C.321, by adding a subdivision; 103D.325, by adding a
subdivision; 103E.021, subdivisions 1, 2, 3, by adding a subdivision; 103E.315,
subdivision 8; 103E.321, subdivision 1; 103E.701, by adding a subdivision;
103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2; 103G.222, subdivisions
1, 3; 103G.2241, subdivisions 1, 2, 3, 6, 9, 11; 103G.2242, subdivisions 2,
2a, 9, 12, 15; 103G.2243, subdivision 2; 103G.235; 103G.301, subdivision 2;
115.55, subdivisions 1, 2, 3, by adding a subdivision; 116C.775; 116C.777;
116C.779, subdivision 1; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision
2; 118A.03, subdivision 2; 216B.097, subdivisions 1, 3; 216B.098, subdivision 4;
216B.16, subdivisions 10, 15; 216B.241, subdivision 6; 216B.812, subdivisions
1, 2; 216C.051, subdivisions 2, 9; 216C.052, by adding a subdivision; 216C.41,
subdivision 3; 219.99; 239.101, subdivision 3; 282.04, subdivision 1; 325E.311,
subdivision 6; 325N.01; 332.54, subdivision 7; 394.23; 462.353, subdivision 2;
Laws 2003, chapter 128, article 1, sections 167, subdivision 1, as amended;
169; Laws 2006, chapter 236, article 1, section 21; proposing coding for new
law in Minnesota Statutes, chapters 16C; 17; 45; 58; 60K; 84; 84D; 85; 89; 97B;
103B; 103E; 103F; 144; 173; 216B; 216C; 325E; proposing coding for new law
as Minnesota Statutes, chapters 59C; 332A; repealing Minnesota Statutes 2006,
sections 18G.16; 46.043; 47.62, subdivision 5; 58.08, subdivision 1; 85.012,
subdivision 24b; 89.51, subdivision 8; 103G.2241, subdivision 8; 216B.095;
332.12; 332.13; 332.14; 332.15; 332.16; 332.17; 332.18; 332.19; 332.20; 332.21;
332.22; 332.23; 332.24; 332.25; 332.26; 332.27; 332.28; 332.29; Minnesota
Rules, parts 7820.1500; 7820.1600; 7820.1700; 7820.1750; 7820.1800;
7820.1900; 7820.2000; 7820.2100; 7820.2150; 7820.2200; 7820.2300.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

2008
2009
Total
General
$
177,046,000
$
126,148,000
$
303,194,000
State Government Special
Revenue
48,000
48,000
96,000
Environmental
62,425,000
62,622,000
125,047,000
Natural Resources
82,211,000
82,301,000
164,512,000
Game and Fish
89,988,000
91,947,000
181,935,000
Remediation
11,116,000
11,186,000
22,302,000
Permanent School
200,000
200,000
400,000
Total
$
423,034,000
$
374,452,000
$
797,486,000

Sec. 2. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2008" and "2009" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2008, or
June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
year ending June 30, 2007, are effective the day following final enactment.

APPROPRIATIONS
Available for the Year
Ending June 30
2008
2009

Sec. 3. POLLUTION CONTROL AGENCY

Subdivision 1.

Total Appropriation

$
117,782,000
$
86,388,000
Appropriations by Fund
2008
2009
General
44,293,000
12,632,000
State Government
Special Revenue
48,000
48,000
Environmental
62,425,000
62,622,000
Remediation
11,016,000
11,086,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Water

58,053,000
26,930,000
Appropriations by Fund
General
38,656,000
7,603,000
State Government
Special Revenue
48,000
48,000
Environmental
19,349,000
19,279,000

$2,348,000 the first year and $2,348,000
the second year are for the clean water
partnership program. Any balance remaining
in the first year does not cancel and
is available for the second year. This
appropriation may be used for grants to
local units of government for the purpose
of restoring impaired waters listed under
section 303(d) of the federal Clean Water
Act in accordance with adopted total
maximum daily loads (TMDLs), including
implementation of approved clean water
partnership diagnostic study work plans that
will assist in restoration of impaired waters,
in accordance with Minnesota Statutes,
chapter 114D.

$2,324,000 the first year and $2,324,000 the
second year must be distributed as grants to
delegated counties to administer the county
feedlot program. Distribution of funds
must be as provided in Laws 2005, First
Special Session chapter 1, article 2, section
2, subdivision 2. The commissioner, in
consultation with the Minnesota Association
of County Feedlot Officers executive team,
may use up to five percent of the annual
appropriation for initiatives to enhance
existing delegated county feedlot programs,
information and education, or technical
assistance to reduce feedlot-related pollution
hazards. Any money remaining after the first
year is available for the second year.

$335,000 the first year and $335,000 the
second year are for community technical
assistance and education, including grants
and technical assistance to communities for
local and basinwide water quality protection.

$405,000 the first year and $405,000 the
second year are for individual sewage
treatment system (ISTS) administration and
grants. Of this amount, $86,000 each year
is for assistance to counties through grants
for ISTS program administration. Any
unexpended balance in the first year does not
cancel but is available in the second year.

$480,000 the first year and $480,000 the
second year are from the environmental
fund to address the need for continued
increased activity in the areas of new
technology review, technical assistance
for local governments, and enforcement
under Minnesota Statutes, sections 115.55
to 115.58, and to complete the requirements
of Laws 2003, chapter 128, article 1, section
165. Of this amount, $48,000 each year is for
administration of individual septic tank fees.

$31,009,000 the first year is to implement
the requirements of Minnesota Statutes,
chapter 114D. Of this amount, $12,634,000
is for completion of 20 percent of the needed
statewide assessments of surface water
quality and trends and $18,000,000 is to
develop TMDL's and TMDL implementation
plans for waters listed on the United States
Environmental Protection Agency approved
impaired waters list in accordance with
Minnesota Statutes, chapter 114D. The
agency shall complete an average of ten
percent of the TMDL's each year over the
biennium. The department shall monitor
and analyze endocrine disruptors in surface
waters in at least 20 additional sites. The data
must be placed on the agency's Web site.

$1,035,000 the first year and $1,035,000
the second year are from the environmental
fund to provide regulatory services to the
ethanol, mining, and other developing
economic sectors. Priority shall be for
permitting new and emerging bioenergy crop
utilization technologies. This is a onetime
appropriation.

$88,000 the first year is for the endocrine
disruptors report required to be completed
under this article.

The commissioner shall transfer the
amount necessary, up to $600,000, from
the remediation fund to the commissioner
of health to conduct an evaluation under
Minnesota Statutes, section 115B.17, of point
of use water treatment units at removing
perfluorooctanoic acid, perfluorooctane
sulfonate, and perfluorobutanoic acid from
known concentrations of these compounds
in drinking water. The evaluation shall be
completed by December 31, 2007, and the
commissioner of health may contract for
services to complete the evaluation.

By January 15, 2008, the commissioner shall
amend agency rules and, where legislative
action is necessary, provide recommendations
to the house of representatives and senate
divisions on environmental finance on
water and air fee changes that will result in
revenue to the environmental fund to pay for
regulatory services to the ethanol, mining,
and other developing economic sectors.

Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2009,
for clean water partnership, individual
sewage treatment systems (ISTS), Minnesota
River, total maximum daily loads (TMDL's),
stormwater contracts or grants, and local and
basinwide water quality protection contracts
or grants in this subdivision are available
until June 30, 2011.

Subd. 3.

Air

11,003,000
11,270,000
Appropriations by Fund
Environmental
11,003,000
11,270,000

Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
established in Minnesota Statutes, section
116.993.

$200,000 the first year and $200,000 the
second year are from the environmental fund
for a monitoring program under Minnesota
Statutes, section 116.454.

$125,000 the first year and $125,000 the
second year are from the environmental fund
for monitoring ambient air for hazardous
pollutants in the metropolitan area.

$1,140,000 the first year and $1,140,000
the second year are from the environmental
fund to provide regulatory services to the
ethanol, mining, and other developing
economic sectors. Priority shall be for
permitting new and emerging bioenergy crop
utilization technologies. This is a onetime
appropriation.

Subd. 4.

Land

19,081,000
19,151,000
Appropriations by Fund
General
1,000,000
1,000,000
Environmental
7,065,000
7,065,000
Remediation
11,016,000
11,086,000

All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of finance and the
house and senate chairs of environment and
natural resources finance that maximizes the
utilization of resources and appropriately
allocates the money between the two
departments. This appropriation is available
until June 30, 2009.

$3,616,000 the first year and $3,616,000 the
second year are from the petroleum tank fund
to be transferred to the remediation fund for
purposes of the leaking underground storage
tank program to protect the land.

$252,000 the first year and $252,000 the
second year are from the remediation fund to
be transferred to the Department of Health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.

$1,000,000 each year is for environmental
health tracking and biomonitoring. Of this
amount, $900,000 each year is for transfer
to the Department of Health. The base
appropriation for this program for fiscal year
2010 and later is $500,000.

Subd. 5.

Multimedia

5,872,000
5,215,000
Appropriations by Fund
General
3,006,000
2,349,000
Environmental
2,866,000
2,866,000

$825,000 the first year and $825,000 the
second year are from the environmental
fund to provide regulatory services to the
ethanol, mining, and other developing
economic sectors. Priority shall be for
permitting new and emerging bioenergy crop
utilization technologies. This is a onetime
appropriation.

$400,000 the first year is a onetime
appropriation for a grant to the Koochiching
Economic Development Authority for
a feasibility study for a plasma torch
gasification facility that converts municipal
solid waste into energy and slag.

$300,000 the first year is for the biomass
gasification facilities air emissions study for
the purpose of fully characterizing the air
emissions exerted from biomass gasification
facilities across a range of feedstocks. This
is a onetime appropriation.

Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered
under contract on or before June 30, 2009, for
total maximum daily load (TMDL) contracts
or grants are available until June 30, 2011.

Subd. 6.

Environmental Assistance

22,142,000
22,142,000

This appropriation is from the environmental
fund.

$14,000,000 each year is from the
environmental fund for SCORE block grants
to counties.

Any unencumbered grant and loan balances
in the first year do not cancel but are available
for grants and loans in the second year.

All money deposited in the environmental
fund for the metropolitan solid waste
landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise
appropriated, is appropriated for the purposes
of Minnesota Statutes, section 473.844.

$119,000 the first year and $119,000 the
second year are for environmental assistance
grants or loans under Minnesota Statutes,
section 115A.0716 .

$1,200,000 the first year and $1,200,000
the second year are from the environmental
fund first to retrofit school buses statewide,
including buses for preschool children,
and, after completion, secondly for loans to
small trucking firms to install equipment to
reduce fuel consumption. This is a onetime
appropriation.

Notwithstanding Minnesota Statutes, section
16A.28 , the appropriations encumbered
under contract on or before June 30,
2009, for environmental assistance grants
awarded under Minnesota Statutes, section
115A.0716 , and for technical and research
assistance under Minnesota Statutes,
section 115A.152 , technical assistance
under Minnesota Statutes, section 115A.52,
and pollution prevention assistance under
Minnesota Statutes, section 115D.04 , are
available until June 30, 2011.

Subd. 7.

Administrative Support

1,631,000
1,680,000

The commissioner may transfer money from
the environmental fund to the remediation
fund as necessary for the purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.

Sec. 4. NATURAL RESOURCES

Subdivision 1.

Total Appropriation

$
255,077,000
$
252,416,000
Appropriations by Fund
2008
2009
General
87,775,000
83,066,000
Natural Resources
77,014,000
77,103,000
Game and Fish
89,988,000
91,947,000
Remediation
100,000
100,000
Permanent School
200,000
200,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Land and Mineral Resources
Management

11,747,000
11,272,000
Appropriations by Fund
General
6,633,000
6,230,000
Natural Resources
3,551,000
3,447,000
Game and Fish
1,363,000
1,395,000
Permanent School
200,000
200,000

$475,000 the first year and $475,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account in
the natural resources fund and $275,000 each
year is from the general fund. $237,500 the
first year and $237,500 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.

$2,800,000 the first year and $2,696,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c).

$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
maximum long-term economic return
from the school trust lands consistent with
fiduciary responsibilities and sound natural
resources conservation and management
principles.

$15,000 the first year is for a report
by February 1, 2008, to the house and
senate committees with jurisdiction over
environment and natural resources on
proposed minimum legal and conservation
standards that could be applied to
conservation easements acquired with public
money.

$1,201,000 the first year and $701,000 the
second year are to support the land records
management system. Of this amount,
$326,000 the first year and $326,000 the
second year are from the game and fish fund
and $375,000 the first year and $375,000 the
second year are from the natural resources
fund. The commissioner must report to
the legislative chairs on environmental
finance on the outcomes of the land records
management support.

$500,000 the first year and $500,000 the
second year are for land asset management.
This is a onetime appropriation.

Subd. 3.

Water Resources Management

15,051,000
12,522,000
Appropriations by Fund
General
14,771,000
12,242,000
Natural Resources
280,000
280,000

$310,000 the first year and $310,000 the
second year are for grants associated with the
implementation of the Red River mediation
agreement.

$65,000 the first year and $65,000 the
second year are for a grant to the Mississippi
Headwaters Board for up to 50 percent of
the cost of implementing the comprehensive
plan for the upper Mississippi within areas
under its jurisdiction.

$5,000 the first year and $5,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement its portion
of the comprehensive plan for the upper
Mississippi.

$200,000 the first year and $200,000 the
second year are for the construction of ring
dikes under Minnesota Statutes, section
103F.161 . The ring dikes may be publicly
or privately owned. If the appropriation in
either year is insufficient, the appropriation
in the other year is available for it. The base
appropriation for fiscal year 2010 and later
is $125,000.

$2,250,000 the first year is to support the
identification of impaired waters and develop
plans to address those impairments, as
required by the federal Clean Water Act, in
accordance with Minnesota Statutes, chapter
114D. This is a onetime appropriation.

By January 15, 2008, the commissioner shall
commence rulemaking under Minnesota
Statutes, chapter 14, to update the minimum
shoreland standards in Minnesota Rules,
chapter 6120.

$60,000 the first year is a onetime
appropriation to the commissioner of natural
resources to conduct a feasibility study
in conjunction with U.S. Army Corps of
Engineers on the foundation and hydraulics
of the Rapidan Dam in Blue Earth County.
This appropriation must be equally matched
by Blue Earth County, and is available until
expended.

$500,000 in fiscal year 2008 is for addressing
surface and groundwater issues related to
the development and expansion of ethanol
production.

Subd. 4.

Forest Management

44,495,000
43,393,000
Appropriations by Fund
General
24,755,000
24,836,000
Natural Resources
19,483,000
18,293,000
Game and Fish
257,000
264,000

$7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.

By November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the house
and senate committees and divisions having
jurisdiction over environment and natural
resources finance, identifying all firefighting
costs incurred and reimbursements received
in the prior fiscal year. These appropriations
may not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.

$17,983,000 the first year and $18,293,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
89.039 , subdivision 2.

Of this amount:

(1) $750,000 each year is for additional staff
to enhance timber sales;

(2) $1,000,000 each year is for forest
improvements;

(3) $1,100,000 each year is for forest road
maintenance;

(4) $600,000 each year is for the ecological
classification system on state forest lands;

(5) $350,000 each year is for the prevention
of invasive species on state forest lands; and

(6) $400,000 each year is for the re-inventory
of state forest lands.

Money for forest road maintenance is
onetime.

$780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.

$40,000 the first year is for the Forest
Resources Council to provide a grant to
the University of Minnesota to prepare a
statewide plan to address the fragmentation
and parcelization of large blocks of forest
land in the state.

$200,000 in fiscal year 2008 is for a grant
to the Forest Resources Research Advisory
Committee to provide direction on research
topics recommended by the governor's task
force on the competitiveness of Minnesota's
primary forest products industry.

$350,000 the first year and $350,000 the
second year are for the FORIST timber
management information system, other
information systems, and for increased
forestry management. The amount in the
second year is also available in the first year.

$257,000 the first year and $264,000 the
second year are from the game and fish
fund to implement ecological classification
systems (ECS) standards on forested
landscapes. This appropriation is from
revenue deposited in the game and fish fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

$110,000 the first year is to develop and
implement a statewide information and
education campaign regarding the statewide
ban on the transport, storage, or use of
nonapproved firewood on state-administered
lands.

$1,500,000 the first year is from the forest
management investment account in the
natural resources fund for the purposes of
section 157. This is a onetime appropriation.

$75,000 the first year is to the Forest
Resources Council for a task force on
forest protection and $75,000 the second
year is appropriated to the commissioner
for grants to cities, counties, townships,
special recreation areas, and park and
recreation boards in cities of the first class
for the identification, removal, disposal, and
replacement of dead or dying shade trees
lost to forest pests or disease. For purposes
of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or
environmental purposes with minimal to
residual timber value. The commissioner
shall consult with municipalities; park and
recreation boards in cities of the first class;
nonprofit organizations; and other interested
parties in developing eligibility criteria.

$200,000 in fiscal year 2008 is for a grant
to the Natural Resources Research Institute
for silvicultural research to improve the
quality and quantity of timber fiber. The
appropriation must be matched in the amount
of $200,000 in cash or in-kind contributions
from the forest products industry members of
the Minnesota Forest Productivity Research
Cooperative.

$1,000,000 the first year and $1,000,000
the second year are to support additional
technical and cost-share assistance to
nonindustrial private forest (NIPF)
landowners. The base appropriation in fiscal
year 2010 and later is $500,000.

$200,000 the first year and $200,000 the
second year are to address escalating
land asset management demands, such as
boundary disputes, access easements, and
sale, exchange, and acquisition of forest
lands.

Subd. 5.

Parks and Recreation Management

35,324,000
36,319,000
Appropriations by Fund
General
20,743,000
21,283,000
Natural Resources
14,581,000
15,036,000

$640,000 the first year and $640,000 the
second year are from the water recreation
account in the natural resources fund for state
park water access projects.

$150,000 in the first year and $150,000 in the
second year are for additional interpretative
services.

$3,996,000 the first year and $3,996,000 the
second year are from the natural resources
fund for state park and recreation area
operations. This appropriation is from the
revenue deposited in the natural resources
fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).

$10,000 in the first year is for payment
of expenses of the Cuyuna Country State
Recreation Area Citizens Advisory Council.

The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision 6, from
the water recreation account in the natural
resources fund for a cooperative project with
the United States Army Corps of Engineers
to develop the Mississippi Whitewater Park
is available until June 30, 2009. The project
must be designed to prevent the spread of
aquatic invasive species.

$500,000 the first year and $750,000 the
second year are from the natural resources
fund for increased park maintenance
work, resource management projects, and
conservation education for park users.

Subd. 6.

Trails and Waterways Management

30,257,000
30,492,000
Appropriations by Fund
General
2,538,000
2,568,000
Natural Resources
25,600,000
25,730,000
Game and Fish
2,119,000
2,194,000

$8,424,000 the first year and $8,424,000
the second year are from the snowmobile
trails and enforcement account in the natural
resources fund for snowmobile grants-in-aid.
The additional money under this item may
be used for new grant-in-aid trails. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.

$1,175,000 the first year and $1,325,000 the
second year are from the natural resources
fund for off-highway vehicle grants-in-aid.
Of this amount, $825,000 the first year and
$1,075,000 the second year are from the
all-terrain vehicle account; $150,000 each
year is from the off-highway motorcycle
account; and $200,000 the first year and
$100,000 the second year are from the
off-road vehicle account. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.

$261,000 the first year and $261,000 the
second year are from the water recreation
account in the natural resources fund for a
safe harbor program on Lake Superior.

$742,000 the first year and $760,000
the second year are from the natural
resources fund for state trail operations
and maintenance. The money may be used
for trail maintenance, signage, mapping,
interpretation, native prairie restoration
using best management practices, and
maintenance of nonmotorized forest trails.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (2).

$655,000 the first year and $655,000 the
second year are from the natural resources
fund for trail grants to local units of
government on land to be maintained for
at least 20 years for the purposes of the
grant. This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (4).

$150,000 the first year and $150,000 the
second year are from the all-terrain vehicle
account for two all-terrain vehicle trail
specialists to assist and consult with on
all-terrain vehicle grant-in-aid education and
training for sustainable trail development and
maintenance, as well as providing training
for public and private sector trail monitoring.
The specialists may assist in the evaluation
of grant-in-aid trail proposals, but not in the
promotion of new trails.

$1,965,000 the first year and $2,040,000
the second year are from the game and fish
fund for expenditures on water access sites
according to the requirements of the federal
sport and fish restoration program.

Money appropriated under Laws 2005, First
Special Session chapter 1, article 2, section
11, subdivision 6, paragraph (h), for the Paul
Bunyan State Trail connection is available
until June 30, 2008.

$400,000 each year is for operation and
maintenance of nonmotorized trails within
state forests. This is a onetime appropriation.

$75,000 each year is for additional wild and
scenic rivers program activities.

$120,000 the first year is from the
water recreation account in the natural
resources fund to cooperate with local
units of government in marking routes and
designating river accesses and campsites
under Minnesota Statutes, section 85.32.
This is a onetime appropriation and available
until spent.

The appropriation in Laws 2005, First
Special Session chapter 1, article 2, section
3, subdivision 6, from the lottery in lieu
account in the natural resources fund for
trail grants to local units of government, is
available until June 30, 2009.

Subd. 7.

Fish and Wildlife Management

67,191,000
68,533,000
Appropriations by Fund
General
3,459,000
3,479,000
Natural Resources
1,876,000
1,876,000
Game and Fish
61,856,000
63,178,000

$410,000 the first year and $418,000 the
second year are for resource population
surveys in the 1837 treaty area. Of this
amount, $274,000 the first year and $288,000
the second year are from the game and fish
fund.

$1,790,000 the first year and $1,790,000 the
second year are from the wildlife acquisition
surcharge account for only the purposes of
land costs as specified in Minnesota Statutes,
section 97A.071 , subdivision 2a. This
appropriation is available until spent.

$8,061,000 the first year and $8,167,000
the second year are from the heritage
enhancement account in the game and
fish fund only for activities that improve,
enhance, or protect fish and wildlife
resources as specified in Minnesota Statutes,
section 297A.94 , paragraph (e), clause (1).
Notwithstanding Minnesota Statutes, section
297A.94 , money under this paragraph may
be used for expanding hunter and angler
recruitment and retention and public land
user facilities. Of this amount, $1,175,000
each year is for preserving, restoring, and
enhancing grassland/wetland complexes.

Notwithstanding Minnesota Statutes, section
84.943 , $13,000 the first year and $13,000
the second year from the critical habitat
private sector matching account may be used
to publicize the critical habitat license plate
match program.

$830,000 the first year and $830,000 the
second year are from the trout and salmon
management account for only the purposes
specified in Minnesota Statutes, section
97A.075 , subdivision 3.

$1,353,000 the first year and $1,353,000
the second year are from the deer habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
97A.075 , subdivision 1, paragraph (b).

$715,000 the first year and $715,000 the
second year are from the deer and bear
management account for only the purposes
specified in Minnesota Statutes, section
97A.075 , subdivision 1, paragraph (c).

$700,000 the first year and $700,000 the
second year are from the waterfowl habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
97A.075 , subdivision 2.

$875,000 the first year and $875,000 the
second year are from the pheasant habitat
improvement account for only the purposes
specified in Minnesota Statutes, section
97A.075 , subdivision 4.

$172,000 the first year and $172,000 the
second year are from the wild turkey
management account for only the purposes
specified in Minnesota Statutes, section
97A.075 , subdivision 5. Of this amount,
$8,000 the first year and $8,000 the second
year are appropriated from the game and
fish fund for transfer to the wild turkey
management account for purposes specified
in Minnesota Statutes, section 97A.075,
subdivision 5
.

$108,000 the first year and $108,000 the
second year are from the game and fish
fund for costs associated with administering
fishing contest permits.

$186,000 the first year and $132,000 the
second year are to accelerate wildlife
health programs. $54,000 in the first
year is for fencing cattle-feeding areas in
bovine tuberculosis control zones, under the
emergency deterrent materials assistance
program in Minnesota Statutes, section
97A.028, subdivision 3. This appropriation
is available until June 30, 2009. $61,000 of
this amount is permanent.

$575,000 the first year and $575,000 the
second year are for preserving, restoring, and
enhancing grassland/wetland complexes on
public or private lands.

The commissioner must report to the
legislative chairs on environmental finance
for money appropriated in this subdivision on
grassland/wetland complexes with specific
outcomes, including acres of wetlands and
prairie grasses and forbs of a local ecotype
preserved, restored, and enhanced during the
2008-2009 biennium.

$150,000 the first year and $150,000 the
second year are from the game and fish fund
for the roadsides for wildlife program.

$175,000 in the first year and $175,000 in the
second year are for grants to Let's Go Fishing
of Minnesota to promote opportunities for
fishing. The grants must be matched with
cash or in-kind contributions from nonstate
sources. It is a condition of acceptance of
this appropriation that Let's Go Fishing of
Minnesota must submit a work program
and annual progress reports in the form and
manner determined by the commissioner of
natural resources to the Budgetary Oversight
Committee. The work program must identify
capital expenditures and leases over $2,000
and annual reports must describe the use
of that capital equipment throughout its
useful life. None of the money provided
may be spent unless the commissioner
has approved the work program. This is a
onetime appropriation.

$90,000 each year from the game and fish
fund is to staff the Budgetary Oversight
Committee.

By November 15, 2008, the commissioner,
in consultation with the Budgetary Oversight
Committee, established in Minnesota
Statutes, section 97A.055, subdivision 4b,
paragraph (c), shall report to the house of
representatives and senate policy and finance
committees and divisions with jurisdiction
over natural resources on game and fish fund
receipt and expenditure imbalances between
hunting-related and fishing-related activities.
The report shall include, but is not limited to:

(1) a table showing the allocation of game
and fish fund receipts and expenditures
related to fishing and hunting activities for
fiscal years 1989 to 2007 and projected
receipts and expenditures for fiscal years
2008 and 2009;

(2) recommendations for short-term changes
to correct any imbalances; and

(3) recommendations for long-term
changes that will ensure that fishing license
revenue is adequate to cover fishing-related
expenditures and hunting license revenue
is adequate to cover hunting-related
expenditures.

Notwithstanding Minnesota Statutes, section
16A.28 , the appropriations encumbered
under contract on or before June 30, 2009, for
aquatic restoration grants and wildlife habitat
grants are available until June 30, 2010.

The commissioner of finance shall transfer
$160,000 in fiscal year 2008 to the special
revenue fund for the account under Minnesota
Statutes, section 97A.065, subdivision 6.

Subd. 8.

Ecological Services

16,175,000
14,476,000
Appropriations by Fund
General
8,597,000
6,531,000
Natural Resources
3,696,000
3,994,000
Game and Fish
3,882,000
3,951,000

$1,194,000 the first year and $1,227,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management.

Notwithstanding Minnesota Statutes,
section 290.431 , $100,000 the first year
and $100,000 the second year may be used
for nongame information, education, and
promotion.

$1,612,000 the first year and $1,636,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

The commissioner must report to the
legislative chairs on environmental finance
for money appropriated in this subdivision on
grassland/wetland complexes with specific
outcomes, including acres of wetlands and
prairie grasses and forbs of a local ecotype
preserved, restored, and enhanced during the
2008-2009 biennium.

$2,938,000 in the first year and $4,385,000
in the second year, of which $1,968,000 the
first year and $2,195,000 the second year
are from the invasive species account in the
natural resources fund for law enforcement
and water access inspection to prevent the
spread of invasive species, grants to manage
invasive plants in public waters, technical
assistance to grant applicants for improving
lake quality, and management of terrestrial
invasive species on state-administered lands.
Priority shall be given to preventing the
spread of aquatic invertebrates, including,
but not limited to, zebra mussels, spiny
waterflea, and round goby. An applicant
for a grant to manage invasive plants in
public waters must have a workable plan for
improving water quality and reducing the
need for additional treatment. Grants may
not be made for chemicals that are likely
endocrine disruptors. A plan to prevent the
introduction of asian carp into Minnesota
waters must be made available to the public
by November 1, 2007.

$125,000 the first year is to support a
technical advisory committee and for land
management units that manage grass lands
in order to develop plans to optimize
native prairie seed harvest and replanting
on state-owned lands. The work must
use best management practices with an
outcome of ensuring the survival of the
native prairie remaining in Minnesota and to
estimate the value of the seeds. Maximizing
seed harvest may include allowing seed
producers to keep a portion of the seed as
compensation for supplying equipment and
labor. The Department of Natural Resources
in cooperation with the Department of
Agriculture and the Board of Water and
Soil Resources shall establish the technical
advisory committee which has the expertise
to develop (1) criteria to identify public
and private marginal lands which could be
used to produce native prairie seeds of a
local eco-type or restore native prairies that
could be used to produce clean energy, (2)
guidelines for production that ensure high
carbon sequestration, protection of wildlife
and waters, and minimization of inputs and
that do not compromise the survival of the
native prairie remaining in Minnesota, and
(3) recommendations for incentives that will
result in the production of native prairie seeds
of a local eco-type or restore native prairies.
In addition to agency members, the advisory
committee shall have one member from
each of two statewide farm organizations,
one member from a statewide sustainable
farmer organization, one member each from
three statewide rural economic development
organizations, one member each from three
statewide environmental organizations, and
one member each from three statewide
wildlife or conservation organizations.
No person registered as a lobbyist under
Minnesota Statutes, section 10A.03, may
serve on the technical advisory committee.
The technical committee shall work with the
NextGen Energy Board to develop a clean
energy program. A report on outcomes from
the technical committee is due December
15, 2007, to the legislative finance chairs on
environment and natural resources.

$50,000 in the first year is for the
commissioner, in consultation with the
Environmental Quality Board, to report to
the house and senate committees having
jurisdiction over environmental policy
and finance by February 1, 2008, on the
Mississippi River critical area program. The
report shall include the status of critical
area plans, zoning ordinances, the number
and types of revisions anticipated, and the
nature and number of variances sought. The
report shall include recommendations that
adequately protect and manage the aesthetic
integrity and natural environment of the river
corridor.

$2,250,000 the first year is to support the
identification of impaired waters and develop
plans to address those impairments, as
required by the federal Clean Water Act, in
accordance with Minnesota Statutes, chapter
114D. This is a onetime appropriation.

$477,000 the first year and $477,000 the
second year are for the reinvest in Minnesota
programs of game and fish, critical habitat,
and wetlands established under Minnesota
Statutes, section 84.95, subdivision 2 .

$350,000 the first year is for a grant to
the International Wolf Center for building
renovations.

$500,000 the first year is for a grant to the
city of Wabasha for programming at the
National Bald Eagle Center.

$100,000 the first year is for a grant to the
Wildlife Rehabilitation Center of Minnesota
to retire loans incurred by the center for
construction of its facility in the city of
Roseville and to complete educational
technology infrastructure at the center.

$115,000 in the first year and $116,000 in the
second year is for the Project Wild program.
Of this amount, $35,000 in the first year
and $36,000 in the second year are from the
natural resources fund, and $40,000 in the
first year and $40,000 in the second year are
from the game and fish fund.

$150,000 each year is from the all-terrain
vehicle account in the natural resources fund
for developing and maintaining all-terrain
vehicle trails and environmental review.

Subd. 9.

Enforcement

30,549,000
31,596,000
Appropriations by Fund
General
3,564,000
3,648,000
Natural Resources
7,463,000
7,963,000
Game and Fish
19,422,000
19,885,000
Remediation
100,000
100,000

Until June 30, 2009, a conservation officer
must be stationed at Mississippi Headwaters
State Forest to work with local jurisdictions
in enforcing state law along the Mississippi
River from Lake Itasca downstream to Lake
Bemidji and in the Bemidji region.

$1,082,000 the first year and $1,082,000 the
second year are from the water recreation
account in the natural resources fund for
grants to counties for boat and water safety.

$100,000 the first year and $100,000 the
second year are from the remediation fund
for solid waste enforcement activities under
Minnesota Statutes, section 116.073 .

$315,000 the first year and $315,000 the
second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to local
law enforcement agencies for snowmobile
enforcement activities.

$1,164,000 the first year and $1,164,000
the second year are from the heritage
enhancement account in the game and
fish fund for only activities that improve,
enhance, or protect fish and wildlife resources
specified in Minnesota Statutes, section
297A.94 , paragraph (e), clause (1).

Overtime must be distributed to conservation
officers at historical levels; however, a
reasonable reduction or addition may be
made to the officer's allocation, if justified,
based on an individual officer's workload. If
funding for enforcement is reduced because
of an unallotment, the overtime bank may be
reduced in proportion to reductions made in
other areas of the budget.

$325,000 the first year and $325,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public education
activities based on off-highway vehicle use
in the county. Of this amount, $313,000 each
year is from the all-terrain vehicle account;
$11,000 each year is from the off-highway
motorcycle account; and $1,000 each year
is from the off-road vehicle account. The
county enforcement agencies may use
money received under this appropriation
to make grants to other local enforcement
agencies within the county that have a high
concentration of off-highway vehicle use. Of
this appropriation, $25,000 each year is for
administration of these grants.

$250,000 the first year and $250,000 the
second year are from the all-terrain vehicle
account for grants to qualifying organizations
to assist in safety and environmental
education and monitoring trails on public
lands under new Minnesota Statutes,
section 84.9011. Grants issued under this
paragraph: (1) must be issued through a
formal agreement with the organization;
and (2) must not be used as a substitute for
traditional spending by the organization. By
December 15, each year, an organization
receiving a grant under this paragraph shall
report to the commissioner with details
on expenditures from the grant. Of this
appropriation, $25,000 each year is for
administration of these grants.

The commissioner must publicize
opportunities for conservation officer
employment and recruit, when possible,
conservation officer candidates from the
biological sciences departments at colleges
and universities.

Subd. 10.

Operations Support

4,288,000
3,813,000
Appropriations by Fund
General
2,715,000
2,249,000
Natural Resources
484,000
484,000
Game and Fish
1,089,000
1,080,000

$38,000 in the first year is from the game and
fish fund for the study on the natural stands
of wild rice required in this article.

$270,000 the first year and $270,000 the
second year are from the natural resources
fund for grants to be divided equally between
the city of St. Paul for the Como Zoo
and Conservatory and the city of Duluth
for the Duluth Zoo. This appropriation
is from the revenue deposited to the fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).

$55,000 in the first year and $7,000 in the
second year are to be transferred to the
Environmental Quality Board to fulfill the
requirement of Minnesota Statutes, sections
116C.92 and 116C.94.

$475,000 the first year is a onetime
appropriation for terrestrial and geologic
carbon sequestration reports and studies in
this article. Of this amount, the commissioner
shall make payments of $385,000 to the
Board of Regents of the University of
Minnesota for the purposes of terrestrial
carbon sequestration activities, and $90,000
to the Minnesota Geological Survey for the
purposes of geologic carbon sequestration
assessment.

Sec. 5. BOARD OF WATER AND SOIL
RESOURCES

$
32,153,000
$
17,482,000

$4,102,000 the first year and $4,102,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base grant
portion related to water planning must be
matched by an amount that would be raised
by a levy under Minnesota Statutes, section
103B.3369.

$3,566,000 the first year and $3,566,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering,
and implementation of the reinvest in
Minnesota conservation reserve program.
Upon approval of the board, expenditures
may be made from these appropriations for
supplies and services benefiting soil and
water conservation districts. Any district
requesting a grant under this paragraph
shall create and maintain a Web page that
publishes, at a minimum, its annual plan,
annual report, annual audit, and annual
budget, including membership dues and
meeting notices and minutes.

$3,285,000 the first year and $3,285,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control and water
quality management. Of this amount, at least
$1,200,000 the first year and $1,200,000 the
second year are for grants for cost-sharing
contracts to establish and maintain vegetation
buffers of restored native prairie and restored
prairie using seeds of a local ecotype region.
$300,000 the first year and $300,000 the
second year are available to begin county
cooperative weed management programs
on natural lands and private lands enrolled
in state and federal conservation programs
and to restore native plants in selected
invasive species management sites by
providing local native seeds and plants
to landowners for implementation. This
appropriation is available until expended. If
the appropriation in either year is insufficient,
the appropriation in the other year is available
for it. Notwithstanding Minnesota Statutes,
section 103C.501, any balance in the board's
cost-share program that remains from the
fiscal year 2007 appropriation is available
in an amount up to $2,000 for a grant to
the Faribault Soil and Water Conservation
District to pay for erosion repair on the Blue
Earth River, and up to $40,000 is available for
grants to soil and water conservation districts
for Web site development and reporting; and
$100,000 in fiscal years 2008 and 2009 is
for evaluating and reporting on performance,
financial, and activity information of local
water management entities as provided for in
section 103.

The board shall develop a forestry practice
docket for cost-share money. The board shall
develop standards or policies for cost-share
practices for the following purposes: (1)
establishment and maintenance of vegetated
buffers of restored prairie or restored native
prairie using seeds of a local ecotype;
(2) establishment of cooperative weed
management programs on private natural
lands and lands enrolled in state and federal
conservation programs and restoration of
native plants in selected invasive species
management sites by providing local native
seeds and plants to landowners; and (3)
establishment of soil and water conservation
and ecological improvement practices on
private forest lands.

$100,000 the first year and $100,000 the
second year are for a grant to the Red
River Basin Commission to develop a Red
River basin plan and to coordinate water
management activities in the states and
provinces bordering the Red River. The
unencumbered balance in the first year does
not cancel but is available for the second
year.

$14,166,000 is for implementation of the
Clean Water Legacy Act, in accordance
with Minnesota Statutes, chapter 114D, as
follows:

(1) $3,316,000 is for targeted nonpoint
restoration cost-share and incentive
payments, of which up to $3,116,000
is available for grants. Of this amount,
$1,500,000 is for agricultural watershed
restoration projects that are located in a
watershed impaired by nonpoint agricultural
sources and are designed to provide
long-term restoration of surface water
quality through restoration of the natural
hydrological function to working lands. Of
this amount, $500,000 must be contracted for
services with the Minnesota Conservation
Corps. The grant funds are available until
expended;

(2) $3,000,000 is for targeted nonpoint
restoration and protection and technical,
compliance, and engineering assistance
activities, of which up to $2,400,000 is
available for grants, and $225,000 the first
year is to inventory wetland mitigation
opportunities and water quality and
watershed improvement projects in a greater
than 80 percent area and of which $150,000
the first year is to conduct a regionwide
wetland mitigation siting analysis for
greater than 80 percent areas. The $225,000
amount shall include an inventory of the
wetland and water resources that have been
developed on former mine lands and an
analysis of the functions and values of those
wetland and water resources. This is a
onetime appropriation and is available until
June 30, 2009. The $150,000 amount for
analysis shall (i) evaluate wetland mitigation
opportunities in each watershed and wetland
bank service area, (ii) develop goals for
maintaining water quality in the greater than
80 percent areas, and (iii) identify wetland
mitigation opportunities in other regions with
a greater loss of wetlands or with impaired
waters. This is a onetime appropriation and
is available until June 30, 2009. A report on
the analysis outcomes shall be given to the
house and senate chairs of the environment
and natural resources policy and finance
committees by January 15, 2009;

(3) $400,000 is for reporting and evaluating
applied soil and water conservation practices;

(4) $2,450,000 is for grants to implement
county individual sewage treatment system
programs. Of this amount, after a county
has complied with requirements to adopt
ordinances pursuant to Minnesota Statutes,
section 115.55, subdivision 2, the county may
request grants of up to $130,000 to inventory
properties with individual sewage treatment
systems that are an imminent threat to public
health or safety due to water discharges of
untreated sewage, and require compliance
under an applicable ordinance. The grant
amount shall be proportional to the number
of properties expected to be inventoried.
Each county receiving an appropriation
under this paragraph shall report the number
of inspections and the number determined
to be an imminent threat to public health or
safety to the Pollution Control Agency by
February 1 of each year;

(5) $3,000,000 is for feedlot water quality
grants for feedlots under 300 animal units
where there are impaired waters;

(6) $1,000,000 in fiscal year 2008 is for
grants to support local nonpoint source
protection activities related to lake and river
protection and management; and

(7) $1,000,000 in fiscal year 2008 is for
grants to address imminent threat and failing
individual sewage treatment systems.

If the appropriations in clauses (1) to (7) in
either year are insufficient, the appropriation
in the other year is available for it. All of
the money appropriated in clauses (1) to
(7) as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369.

$100,000 each year is to the Minnesota River
Basin Joint Powers Board, also known as
the Minnesota River Board, for operating
expenses to measure and report the results of
projects in the 12 major watersheds within
the Minnesota River basin.

By January 1, 2008, the board shall report
to the senate and house of representatives
environmental finance divisions on the
financial needs to bring all feedlots in the
state that are under 300 animal units into
compliance with Pollution Control Agency
rules by October 1, 2010, and comply with
the requirements of Minnesota Statutes,
section 116.07, subdivision 7, paragraph (p).

$140,000 the first year and $140,000
the second year are for a grant to Area
II, Minnesota River Basin Projects,
for floodplain management, including
administration of programs.

$1,120,000 the first year and $1,060,000 the
second year may be spent for the following
purposes to support implementation of
the Wetland Conservation Act: $250,000
each year is to make grants to local units
of governments within the 11-county
metropolitan area to improve response to
major wetland violations; $250,000 each
year is for transfer to the commissioner
of natural resources for enforcement of
wetland violations; $500,000 each year is for
staffing to provide adequate state oversight
and technical support to local governments
administering the Wetland Conservation Act;
$60,000 each year is for staff to monitor and
enforce wetland replacement and wetland
bank sites; and $60,000 the first year is
for rulemaking required by changes to the
Wetland Conservation Act. The board must
include in its biennial report to the legislature
information on all state and local units
of government, including special purpose
districts, impacts on wetlands in the state.

$450,000 the first year and $800,000
the second year are to implement
recommendations of the Drainage Work
Group to enhance public drainage and
modernization as follows: $150,000 the first
year is to develop guidelines for drainage
records preservation and modernization;
$500,000 the second year is for cost-share
grants to local governments for public
drainage records modernization; and
$300,000 each year is to provide assistance
to local drainage management officials, to
facilitate the work of the Drainage Work
Group, to staff a drainage assistance team,
and to update the Minnesota Public Drainage
Manual. All of the money appropriated in
this paragraph as grants to local governments
shall be administered through the Board
of Water and Soil Resources' local water
resources protection and management
program under Minnesota Statutes, section
103B.3369.

In addition to other authorities, the Board
of Water and Soil Resources may reduce,
withhold, or redirect grants and other funding
if the local water management entity has
not corrected deficiencies as prescribed in a
notice from the board within one year from
the date of the notice.

$500,000 the first year is to provide grants
for bioenergy crop research and monitoring,
including, but not limited to, water quality,
water quantity utilized, soil carbon storage,
biological diversity, wildlife and habitat
impacts and benefits, and small diameter
woody bioenergy. Of this amount, $300,000
is for a grant to the Minnesota Forest
Resources Council for conducting site level
ecological research and assessments as
identified by the council's biomass technical
committee. Additional money from other
sources should be sought to accomplish this
purpose.

$200,000 in fiscal year 2008 is to develop
clean energy program guidelines and
standards.

$200,000 is for a grant to the city of Gaylord
to construct and reconstruct storm water
sewer drains and related facilities to divert
water that currently drains into Lake Titlow
into holding ponds south of the city. The
cost of reconstructing city streets as part of
this diversion, and as outlined in the city of
Gaylord's street improvement plan, is the
responsibility of the city. This diversion will
keep phosphorus and other chemicals from
entering the lake, and will improve the water
quality of Lake Titlow.

The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.

Sec. 6. METROPOLITAN COUNCIL

$
8,620,000
$
8,620,000
Appropriations by Fund
2008
2009
General
4,050,000
4,050,000
Natural Resources
4,570,000
4,570,000

$4,050,000 the first year and $4,050,000
the second year are for metropolitan area
regional parks maintenance and operations.

$4,570,000 the first year and $4,570,000 the
second year are from the natural resources
fund for metropolitan area regional parks
and trails maintenance and operations. This
appropriation is from the revenue deposited
in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e),
clause (3).

Sec. 7. MINNESOTA CONSERVATION
CORPS

$
1,015,000
$
965,000
Appropriations by Fund
2008
2009
General
525,000
475,000
Natural Resources
490,000
490,000

The Minnesota Conservation Corps may
receive money appropriated from the
natural resources fund under this section
only as provided in an agreement with the
commissioner of natural resources.

$50,000 is to be used for learning stipends
for deaf students and wages for interpreters
participating in its summer youth program.
The appropriation is available until June 30,
2009.

Sec. 8. ZOOLOGICAL BOARD

$
7,137,000
$
7,331,000
Appropriations by Fund
2008
2009
General
7,000,000
7,193,000
Natural Resources
137,000
138,000

$137,000 the first year and $138,000 the
second year are from the natural resources
fund from the revenue deposited under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (5).

The general fund base budget for the
Zoological Board is $7,068,000 each year in
the 2010-2011 biennium.

Sec. 9. SCIENCE MUSEUM OF
MINNESOTA

$
1,250,000
$
1,250,000

Sec. 10.

Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to read:


Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Minnesota Technology, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755; or

(19) citizen member of the Legislative-Citizen Commission on Minnesota
Resources. ;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13; or

(21) supervisor of a soil and water conservation district.

Sec. 11.

Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read:


Subd. 3.

Application; extensions.

(a) The time limit in subdivision 2 begins upon
the agency's receipt of a written request containing all information required by law or by
a previously adopted rule, ordinance, or policy of the agency, including the applicable
application fee. If an agency receives a written request that does not contain all required
information, the 60-day limit starts over only if the agency sends written notice within 15
business days of receipt of the request telling the requester what information is missing.

(b) If a request relating to zoning, septic systems, watershed district review, soil and
water conservation district review, or expansion of the metropolitan urban service area
requires the approval of more than one state agency in the executive branch, the 60-day
period in subdivision 2 begins to run for all executive branch agencies on the day a request
containing all required information is received by one state agency. The agency receiving
the request must forward copies to other state agencies whose approval is required.

(c) An agency response, including an approval with conditions, meets the 60-day
time limit if the agency can document that the response was sent within 60 days of receipt
of the written request. Failure to satisfy the conditions, if any, may be a basis to revoke
or rescind the approval by the agency and will not give rise to a claim that the 60-day
limit was not met.

(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
order requires a process to occur before the agency acts on the request, and the time
periods prescribed in the state statute, federal law, or court order make it impossible to
act on the request within 60 days. In cases described in this paragraph, the deadline is
extended to 60 days after completion of the last process required in the applicable statute,
law, or order. Final approval of an agency receiving a request is not considered a process
for purposes of this paragraph.

(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
agency requires prior approval of a federal agency; or (2) an application submitted to
a city, county, town, school district, metropolitan or regional entity, or other political
subdivision requires prior approval of a state or federal agency. In cases described in
this paragraph, the deadline for agency action is extended to 60 days after the required
prior approval is granted.

(f) An agency may extend the time limit in subdivision 2 before the end of the
initial 60-day period by providing written notice of the extension to the applicant. The
notification must state the reasons for the extension and its anticipated length, which may
not exceed 60 days unless approved by the applicant.

(g) An applicant may by written notice to the agency request an extension of the
time limit under this section.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 12.

Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:


Subd. 1a.

Revenues.

The following revenues must be deposited in the
environmental fund:

(1) all revenue from the motor vehicle transfer fee imposed under section 115A.908;

(2) all fees collected under section 116.07, subdivision 4d;

(3) all money collected by the Pollution Control Agency in enforcement matters
as provided in section 115.073;

(4) all revenues from license fees for individual sewage treatment systems under
section 115.56;

(5) all loan repayments deposited under section 115A.0716;

(6) all revenue from pollution prevention fees imposed under section 115D.12;

(7) all loan repayments deposited under section 116.994;

(8) all fees collected under section 116C.834;

(9) revenue collected from the solid waste management tax pursuant to chapter 297H;

(10) fees collected under section 473.844; and

(11) interest accrued on the fund; and

(12) money received in the form of gifts, grants, reimbursement, or appropriation
from any source for any of the purposes provided in subdivision 2, except federal grants
.

Sec. 13.

[17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.

Subdivision 1.

Reimbursement.

A meat processor holding a license under chapter
28A may apply to the commissioner of agriculture for reimbursement of $70 towards the
cost of processing donated deer. The meat processor shall deliver the deer, processed into
cuts or ground meat, to a charitable organization that is registered under chapter 309 and
with the commissioner of agriculture and that operates a food assistance program. To
request reimbursement, the processor shall submit an application, on a form prescribed by
the commissioner of agriculture, the tag number under which the deer was taken, and a
receipt for the deer from the charitable organization.

Subd. 2.

Distribution.

(a) The commissioner of agriculture shall ensure the
equitable statewide distribution of processed deer by requiring the charitable organization
to allocate and distribute processed deer according to the allocation formula used in the
distribution of United States Department of Agriculture commodities under the federal
emergency food assistance program. The charitable organization must submit quarterly
reports to the commissioner on forms prescribed by the commissioner. The reports must
include, but are not limited to, information on the amount of processed deer received and
the organizations to which the meat was distributed.

(b) The commissioner of agriculture may adopt rules to implement this section.

Sec. 14.

Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:


Subdivision 1.

License required.

(a) A person or entity may not operate an aquatic
farm without first obtaining an aquatic farm license from the commissioner.

(b) Applications for an aquatic farm license must be made on forms provided by
the commissioner.

(c) Licenses are valid for five years and are transferable upon notification to the
commissioner.

(d) The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.

(e) A license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a significant
detrimental impact on the public resource.

(f) By January 15, 2008, the commissioner shall report to the senate and house
of representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture.

Sec. 15.

Minnesota Statutes 2006, section 18G.03, is amended by adding a subdivision
to read:


Subd. 5.

Certain species not subject to chapter 18G.

This chapter does not apply
to exotic aquatic plants and wild animal species regulated under chapter 84D.

Sec. 16.

Minnesota Statutes 2006, section 18G.11, is amended to read:


18G.11 COOPERATION WITH OTHER JURISDICTIONS.

Subdivision 1.

Detection and control agreements.

The commissioner may enter
into cooperative agreements with organizations, persons, civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with harmful plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.

If a harmful plant pest infestation or infection occurs and cannot be adequately
controlled by individual persons, owners, tenants, or local units of government, the
commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.

Subd. 2.

New and emerging plant pest programs.

The commissioner may make
grants to municipalities or enter into contracts with municipalities, nurseries, colleges,
universities, state or federal agencies in connection with new or emerging plant pests
programs, including research, or any other organization with the legal authority to enter
into contractual agreements.

Sec. 17.

[84.02] DEFINITIONS.

Subdivision 1.

Definitions.

For purposes of this chapter, the terms defined in this
section shall have the meanings given them.

Subd. 2.

Best management practice for native prairie restoration.

"Best
management practice for native prairie restoration" means using seeds collected from a
native prairie within the same county or within 25 miles of the county's border, but not
across the boundary of an ecotype region.

Subd. 3.

Created grassland.

"Created grassland" means a restoration using seeds
or plants with origins outside of the state of Minnesota.

Subd. 4.

Ecotype region.

"Ecotype region" means the following ecological
subsections and counties based on the Department of Natural Resources map, "County
Landscape Groupings Based on Ecological Subsections," dated February 15, 2007.

Ecotype Region
Counties or portions thereof:
Rochester Plateau, Blufflands, and Oak
Savanna
Houston, Winona, Fillmore, Wabasha,
Goodhue, Mower, Freeborn, Steele,
Olmsted, Rice, Waseca, Dakota, Dodge
Anoka Sand Plain, Big Woods, and St.
Paul Baldwin Plains and Moraines
Anoka, Hennepin, Ramsey, Washington,
Chisago, Scott, Carver, McLeod, Wright,
Benton, Isanti, Le Sueur, Sherburne
Inner Coteau and Coteau Moraines
Lincoln, Lyon, Pipestone, Rock, Murray,
Nobles, Jackson, Cottonwood
Red River Prairie (South)
Traverse, Wilkin, Clay, Becker
Red River Prairie (North) and Aspen
Parklands
Kittson, Roseau, Red Lake, Pennington,
Marshall, Clearwater, Mahnomen, Polk,
Norman
Minnesota River Prairie (North)
Big Stone, Pope, Stevens, Grant, Swift,
Chippewa, Meeker, Kandiyohi, Renville,
Lac qui Parle, Yellow Medicine
Minnesota River Prairie (South)
Nicollet, Redwood, Brown, Watonwan,
Martin, Faribault, Blue Earth, Sibley
Hardwood Hills
Douglas, Morrison, Otter Tail, Stearns,
Todd

Subd. 5.

Native prairie.

"Native prairie" means land that has never been plowed
where native prairie vegetation originating from the site currently predominates or, if
disturbed, is predominantly covered with native prairie vegetation that originated from the
site. Unbroken pasture land used for livestock grazing can be considered native prairie if it
has predominantly native vegetation originating from the site and conservation practices
have maintained biological diversity.

Subd. 6.

Native prairie species of a local ecotype.

"Native prairie species of a local
ecotype" means a genetically differentiated population of a species that has at least one
trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted
to local environmental conditions, notably plant competitors, pathogens, pollinators, soil
microorganisms, growing season length, climate, hydrology, and soil.

Subd. 7.

Restored native prairie.

"Restored native prairie" means a restoration
using at least 25 representative and biologically diverse native prairie plant species of a
local ecotype originating in the same county as the restoration site or within 25 miles of
the county's border, but not across the boundary of an ecotype region.

Subd. 8.

Restored prairie.

"Restored prairie" means a restoration using at least
25 representative and biologically diverse native prairie plant species originating from
the same ecotype region in which the restoration occurs.

Sec. 18.

Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:


Subd. 9.

Professional services support account.

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

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

Sec. 19.

Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:


Subdivision 1.

Contracts.

The commissioner of natural resources is authorized
to enter into contractual agreements with any public or private entity for the provision
of statutorily prescribed natural resources services by the department. The contracts
shall specify the services to be provided. Except as provided under section 89.421, funds
generated in a contractual agreement made pursuant to this section shall be deposited in
the special revenue fund and are appropriated to the department for purposes of providing
the services specified in the contracts. The commissioner shall report revenues collected
and expenditures made under this subdivision to the chairs of the Committees on Ways and
Means in the house and Finance in the senate by January 1 of each odd-numbered year.

Sec. 20.

Minnesota Statutes 2006, section 84.027, is amended by adding a subdivision
to read:


Subd. 13a.

Game and fish expedited permanent rules.

In addition to the authority
granted in subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:

(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or

(2) section 84D.12 to designate prohibited invasive species, regulated invasive
species, and unregulated nonnative species.

Sec. 21.

Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision
to read:


Subd. 5.

Easement information.

Parties to an easement purchased under the
authority of the commissioner must:

(1) specify in the easement all provisions that are perpetual in nature;

(2) file the easement with the county recorder or registrar of titles in the county
in which the land is located; and

(3) submit an electronic copy of the easement to the commissioner.

Sec. 22.

Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:


Subdivision 1.

Sales authorized; gift certificates.

The commissioner may
sell natural resources-related publications and maps; forest resource assessment
products;
federal migratory waterfowl, junior duck, and other federal stamps; and other
nature-related merchandise, and may rent or sell items for the convenience of persons using
Department of Natural Resources facilities or services. The commissioner may sell gift
certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged
by the commissioner under this section may include a reasonable amount in excess of the
actual cost to support Department of Natural Resources programs. The commissioner may
advertise the availability of a program or item offered under this section.

Sec. 23.

Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:


Subd. 2.

Receipts; appropriation.

Except as provided under section 89.421,
money received by the commissioner under this section or to buy supplies for the use of
volunteers, may be credited to one or more special accounts in the state treasury and is
appropriated to the commissioner for the purposes for which the money was received.
Money received from sales at the state fair shall be available for state fair related costs.
Money received from sales of intellectual property and software products or services shall
be available for development, maintenance, and support of software products and systems.

Sec. 24.

Minnesota Statutes 2006, section 84.777, is amended to read:


84.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED.

Subdivision 1.

Designated trails.

(a) Except as otherwise allowed by law or rules
adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787
to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state
land administered by the commissioner of natural resources, and on county-administered
forest land within the boundaries of a state forest, except on roads and trails specifically
designated and posted by the commissioner for use by off-highway vehicles.

(b) Paragraph (a) does not apply to county-administered land within a state forest if
the county board adopts a resolution that modifies restrictions on the use of off-highway
vehicles on county-administered land within the forest.

Subd. 2.

Off-highway vehicle seasons.

(a) The commissioner shall prescribe
seasons for off-highway vehicle use on state forest lands. Except for designated forest
roads, a person must not operate an off-highway vehicle on state forest lands outside of
the seasons prescribed under this paragraph.

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

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

Subd. 3.

Mapped trails.

Except as provided in sections 84.926 and 84.928, after
completion of off-highway vehicle maps for the area, a person must not operate an
off-highway vehicle on state land that is not mapped for the type of off-highway vehicle.

Subd. 4.

Exemption from rulemaking.

Determinations of the commissioner under
this section may be by written order published in the State Register and are exempt from
the rulemaking provisions of chapter 14. Section 14.386 does not apply.

Sec. 25.

Minnesota Statutes 2006, section 84.780, is amended to read:


84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.

(a) The off-highway vehicle damage account is created in the natural resources fund.
Money in the off-highway vehicle damage account is appropriated to the commissioner of
natural resources for the repair or restoration of property damaged by the illegal operation
of off-highway vehicles or the operation of off-highway vehicles in an unpermitted area
after August 1, 2003, and for the costs of administration for this section. Before the
commissioner may make a payment from this account, the commissioner must determine
whether the damage to the property was caused by the unpermitted or illegal use of
off-highway vehicles, that the applicant has made reasonable efforts to identify the
responsible individual and obtain payment from the individual, and that the applicant has
made reasonable efforts to prevent reoccurrence. By June 30, 2008, the commissioner of
finance must transfer the remaining balance in the account to the off-highway motorcycle
account under section 84.794, the off-road vehicle account under section 84.803, and the
all-terrain vehicle account under section 84.927. The amount transferred to each account
must be proportionate to the amounts received in the damage account from the relevant
off-highway vehicle accounts.

(b) Determinations of the commissioner under this section may be made by written
order and are exempt from the rulemaking provisions of chapter 14. Section 14.386
does not apply.

(c) This section expires July 1, 2008 Money in the account is available until
expended
.

Sec. 26.

[84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.

Notwithstanding any provision of sections 84.797 to 84.805 or other law to the
contrary, the commissioner shall not permit land administered by the commissioner in
Cass, Crow Wing, and Hubbard Counties to be used or developed for trails primarily for
off-road vehicles as defined in section 84.797, subdivision 7, except:

(1) upon approval by the legislature; or

(2) in designated off-road vehicle use areas.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 27.

[84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION
PROGRAM.

Subdivision 1.

Creation.

The commissioner of natural resources shall establish
a program to promote the safe and responsible operation of off-highway vehicles in a
manner that does not harm the environment.

Subd. 2.

Agreements.

(a) The commissioner shall enter into agreements with
organizations for volunteer services that promote the safe and responsible operation
of off-highway vehicles in a manner that does not harm the environment to maintain,
make improvements to, and monitor trails on state forest land and other public lands.
The organizations shall promote the operation of off-highway vehicles in a safe and
responsible manner that complies with the laws and rules that relate to the operation
of off-highway vehicles.

(b) The organizations may provide assistance to the department in locating,
recruiting, and training instructors for off-highway vehicle training programs.

(c) The commissioner may provide assistance to enhance the comfort and safety
of volunteers and to facilitate the implementation and administration of the safety and
conservation program.

(d) The commissioner shall establish standards, train, and certify organizations and
individuals participating as volunteers under this section. The training shall include:

(1) the identification of invasive species;

(2) correctly reporting the location of invasive species; and

(3) basic global positioning system operation.

Subd. 3.

Worker displacement prohibited.

The commissioner may not enter into
any agreement that has the purpose of or results in the displacement of public employees
by volunteers participating in the off-highway safety and conservation program under
this section. The commissioner must certify to the appropriate bargaining agent that the
work performed by a volunteer will not result in the displacement of currently employed
workers or workers on seasonal layoff or layoff from a substantially equivalent position,
including partial displacement such as reduction in hours of nonovertime work, wages, or
other employment benefits.

Subd. 4.

Off-Highway Vehicle Safety Advisory Council.

(a) The commissioner
of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to
advise the commissioner on:

(1) off-highway vehicle safety; and

(2) standards and certification for organizations and individuals participating as
volunteers under this section.

Sec. 28.

Minnesota Statutes 2006, section 84.922, subdivision 1a, is amended to read:


Subd. 1a.

Exemptions.

All-terrain vehicles exempt from registration are:

(1) vehicles owned and used by the United States, the state, another state, or a
political subdivision;

(2) vehicles registered in another state or country that have not been in this state
for more than 30 consecutive days; and

(3) vehicles used exclusively in organized track racing events; and

(4) vehicles that are 25 years old or older and were originally produced as a separate
identifiable make by a manufacturer
.

Sec. 29.

Minnesota Statutes 2006, section 84.922, subdivision 5, is amended to read:


Subd. 5.

Fees for registration.

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

(1) for public use before January 1, 2005, $23;

(2) for public use on January 1, 2005, and after, $30 $45;

(3) (2) for private use, $6; and

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

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

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

(d) The fees collected under this subdivision must be credited to the all-terrain
vehicle account.

EFFECTIVE DATE.

This section is effective January 1, 2008.

Sec. 30.

Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read:


Subd. 2.

Purposes.

Subject to appropriation by the legislature, money in the
all-terrain vehicle account may only be spent for:

(1) the education and training program under section 84.925;

(2) administration, enforcement, and implementation of sections 84.773 to 84.929;

(3) acquisition, maintenance, and development of vehicle trails and use areas;

(4) grant-in-aid programs to counties and municipalities to construct and maintain
all-terrain vehicle trails and use areas;

(5) grants-in-aid to local safety programs; and

(6) enforcement and public education grants to local law enforcement agencies. ; and

(7) maintenance of minimum-maintenance forest roads designated under section
89.71, subdivision 5, and county forest roads that are part of a designated trail system
within state forest boundaries as established under section 89.021.

The distribution of funds made available through grant-in-aid programs must be
guided by the statewide comprehensive outdoor recreation plan.

Sec. 31.

Minnesota Statutes 2006, section 84.963, is amended to read:


84.963 PRAIRIE PLANT SEED PRODUCTION AREAS.

(a) The commissioner of natural resources shall study the feasibility of establishing
private or public prairie plant seed production areas within prairie land locations. If
prairie plant seed production is feasible, the commissioner may aid the establishment of
production areas. The commissioner may enter cost-share or sharecrop agreements with
landowners having easements for conservation purposes of ten or more years on their land
to commercially produce prairie plant seed of Minnesota origin. The commissioner may
only aid prairie plant seed production areas on agricultural land used to produce crops
before December 23, 1985, and cropped three out of five years between 1981 and 1985.

(b) The commissioner shall compile, prepare, and electronically disseminate to
the public prairie establishment guidance materials and resources. The resources must
provide information and guidance on project planning, seed selection including ecotype
and species mix, site preparation, seeding, maintenance, and technical service providers.
The commissioner shall use actual prairie restoration projects under development on
state-owned land to illustrate and demonstrate the practices described.

Sec. 32.

Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision
to read:


Subd. 7.

Contracts for services for emergency invasive species prevention work;
commissions to persons employed.

The commissioner may contract for or accept the
services of any persons whose aid is available, temporarily or otherwise, in emergency
invasive species prevention work, either gratuitously or for compensation not in excess of
the limits provided by law with respect to the employment of labor by the commissioner.
The commissioner may issue a commission, or other written evidence of authority, to any
person whose services are so arranged for and may thereby empower the person to act,
temporarily or otherwise, in any other capacity, with powers and duties as may be specified
in the commission or other written evidence of authority, but not in excess of the powers
conferred by law. The commissioner of agriculture, under authority provided by law, shall
cooperate with the commissioner in emergency control of invasive species prevention.

Sec. 33.

Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read:


Subdivision 1.

Infested waters; restricted activities.

(a) The commissioner shall
designate a water of the state as an infested water if the commissioner determines that:

(1) the water contains a population of an aquatic invasive species that could spread
to other waters if use of the water and related activities are not regulated to prevent this; or

(2) the water is highly likely to be infested by an aquatic invasive species because it
is connected to a water that contains a population of an aquatic invasive species
.

(b) When determining which invasive species comprise infested waters, the
commissioner shall consider:

(1) the extent of a species distribution within the state;

(2) the likely means of spread for a species; and

(3) whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.

(c) The presence of common carp and curly-leaf pondweed shall not be the basis for
designating a water as infested.

(d) The designation of infested waters by the commissioner shall be by written order
published in the State Register. Designations are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.

Sec. 34.

Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read:


Subdivision 1.

Required rules.

The commissioner shall adopt rules:

(1) designating infested waters, prohibited invasive species, regulated invasive
species, and unregulated nonnative species of aquatic plants and wild animals;

(2) governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and

(3) governing notification under section 84D.08.

Sec. 35.

Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read:


Subd. 3.

Expedited rules.

The commissioner may adopt rules under section 84.027,
subdivision 13
, that designate:

(1) prohibited invasive species of aquatic plants and wild animals;

(2) regulated invasive species of aquatic plants and wild animals; and

(3) unregulated nonnative species of aquatic plants and wild animals; and

(4) infested waters.

Sec. 36.

Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read:


Subd. 7.

Satisfaction of civil penalties.

A civil penalty is due and a watercraft
license suspension is effective 30 days after issuance of the civil citation. A civil penalty
collected under this section is payable to the commissioner and must be credited to the
water recreation account invasive species account.

Sec. 37.

Minnesota Statutes 2006, section 84D.14, is amended to read:


84D.14 EXEMPTIONS.

This chapter does not apply to:

(1) pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.16
18G.15
; or

(2) mammals and birds defined by statute as livestock.

Sec. 38.

[84D.15] INVASIVE SPECIES ACCOUNT.

Subdivision 1.

Creation.

The invasive species account is created in the state
treasury in the natural resources fund.

Subd. 2.

Receipts.

Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited
in the invasive species account. Each year, the commissioner of finance shall transfer from
the game and fish fund to the invasive species account, the annual surcharge collected on
nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).

Subd. 3.

Use of money in account.

Money credited to the invasive species account
in subdivision 2 shall be used for management of invasive species and implementation of
this chapter as it pertains to invasive species, including control, public awareness, law
enforcement, assessment and monitoring, management planning, and research.

Sec. 39.

Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision
to read:


Subd. 11b.

Greenleaf Lake State Recreation Area, which is hereby renamed from
Greenleaf Lake State Park.

Sec. 40.

[85.0146] CUYUNA COUNTRY STATE RECREATION AREA;
CITIZENS ADVISORY COUNCIL.

Subdivision 1.

Advisory council created.

The Cuyuna Country State Recreation
Area Citizens Advisory Council is established. Membership on the advisory council
shall include:

(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
Board;

(2) a representative of the Croft Mine Historical Park Joint Powers Board;

(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has
worked as a miner in the local area;

(4) a representative of the Crow Wing County Board;

(5) an elected state official;

(6) a representative of the Grand Rapids regional office of the Department of Natural
Resources;

(7) a designee of the Iron Range Resources and Rehabilitation Board;

(8) a designee of the local business community selected by the area chambers of
commerce;

(9) a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;

(10) a designee of a local education organization selected by the Crosby-Ironton
School Board;

(11) a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and

(12) a member of the Cuyuna Country Heritage Preservation Society.

Subd. 2.

Administration.

(a) The advisory council must meet at least four times
annually. The council shall elect a chair and meetings shall be at the call of the chair.

(b) Members of the advisory council shall serve as volunteers for two-year terms
with the ability to be reappointed. Members shall accept no per diem.

(c) The state recreation area manager may attend the council meetings and advise
the council of issues in management of the recreation area.

(d) Before a major decision is implemented in the Cuyuna Country State Recreation
Area, the area manager must consult with the council and take into consideration any
council comments or advice that may impact the major decision.

Sec. 41.

Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision
to read:


Subd. 13.

Cuyuna Country State Recreation Area.

A state park permit is not
required and a fee may not be charged for motor vehicle entry or parking at Croft Mine
Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation
Area, except for overnight camping.

Sec. 42.

Minnesota Statutes 2006, section 85.32, subdivision 1, is amended to read:


Subdivision 1.

Areas marked.

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

Sec. 43.

Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read:


Subd. 2.

Money deposited in account.

The following shall be deposited in the state
treasury and credited to the water recreation account:

(1) fees and surcharges from titling and licensing of watercraft under this chapter;

(2) fines, installment payments, and forfeited bail according to section 86B.705,
subdivision 2
;

(3) civil penalties according to section 84D.13;

(4) mooring fees and receipts from the sale of marine gas at state-operated or
state-assisted small craft harbors and mooring facilities according to section 86A.21;

(5) (4) the unrefunded gasoline tax attributable to watercraft use under section
296A.18; and

(6) (5) fees for permits issued to control or harvest aquatic plants other than wild
rice under section 103G.615, subdivision 2.

Sec. 44.

Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision
to read:


Subd. 27.

Community forest.

"Community forest" means public and private trees
and associated plants occurring individually, in small groups, or under forest conditions
within a municipality.

Sec. 45.

Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read:


Subdivision 1.

Employment of competent foresters; service to private owners.

The commissioner of natural resources may employ competent foresters to furnish owners
of forest lands within the state of Minnesota who own not more than 1,000 acres of forest
land, forest management services consisting of:

(1) advice in management and protection of timber, including written stewardship
and forest management plans;

(2) selection and marking of timber to be cut;

(3) measurement of products;

(4) aid in marketing harvested products;

(5) provision of tree-planting equipment; and

(6) advice in community forest management; and

(7) such other services as the commissioner of natural resources deems necessary
or advisable to promote maximum sustained yield of timber and other benefits upon
such forest lands.

Sec. 46.

Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read:


Subd. 2.

Charge for service; receipts to special revenue fund.

The commissioner
of natural resources may charge the owner receiving such services such sums as the
commissioner shall determine to be fair and reasonable. The charges must account for
differences in the value of timber and other benefits. The receipts from such services shall
be credited to the special revenue fund and are annually appropriated to the commissioner
for the purposes specified in subdivision 1.

Sec. 47.

Minnesota Statutes 2006, section 88.82, is amended to read:


88.82 MINNESOTA RELEAF PROGRAM.

The Minnesota releaf program is established in the Department of Natural Resources
to encourage, promote, and fund the inventory, planting, assessment, maintenance, and
improvement, protection, and restoration of trees and forest resources in this state to
enhance community forest ecosystem health and sustainability as well as to reduce
atmospheric carbon dioxide levels and promote energy conservation.

Sec. 48.

Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read:


Subd. 8.

Forest resources.

"Forest resources" means those natural assets of forest
lands, including timber and other forest crops; biological diversity; recreation; fish and
wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; climate;
and educational, aesthetic, and historic values.

Sec. 49.

Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:


Subd. 15.

Forest pest.

"Forest pest" means any vertebrate or invertebrate animal,
plant pathogen, or plant that is determined by the commissioner to be harmful, injurious,
or destructive to forests or timber.

Sec. 50.

Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:


Subd. 16.

Shade tree pest.

"Shade tree pest" means any vertebrate or invertebrate
animal, plant pathogen, or plant that is determined by the commissioner to be harmful,
injurious, or destructive to shade trees or community forests.

Sec. 51.

Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:


Subd. 17.

Community forest.

"Community forest" has the meaning given under
section 88.01, subdivision 27.

Sec. 52.

Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision
to read:


Subd. 18.

Shade tree.

"Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.

Sec. 53.

Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read:


Subdivision 1.

Best methods.

The commissioner shall ascertain and observe the
best methods of reforesting cutover and denuded lands, foresting waste lands, preventing
destruction
minimizing loss or damage of forests and lands forest resources by fire, forest
pests, or shade tree pests,
administering forests on forestry principles, encouraging private
owners to preserve and grow trees or timber for commercial or other purposes, and
conserving the forests around the head waters of streams and on the watersheds of the state.

Sec. 54.

Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read:


Subd. 2.

General duties.

The commissioner shall execute all rules pertaining
to forestry and forest protection within the jurisdiction of the state; have charge of the
work of protecting all forests and lands from fire, forest pests, and shade tree pests;
shall investigate the origin of all forest fires; and prosecute all violators as provided by
law; shall prepare and print for public distribution an abstract of the forest fire laws of
Minnesota, together with such rules as may be formulated.

The commissioner shall prepare printed notices calling attention to the dangers from
forest fires and cause them to be posted in conspicuous places.

Sec. 55.

Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read:


Subd. 4.

Forest plans.

The commissioner shall cooperate with the several
departments of the state and federal governments and with counties, towns, municipalities,
corporations, or individuals in the preparation of plans for forest protection, and
management, and planting or replacement of trees, in wood lots, and community forests
or on
timber tracts, using such influence as time will permit toward the establishment of
scientific forestry principles in the management, protection, and promotion of the forest
resources of the state.

Sec. 56.

Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read:


Subd. 2.

Receipts to natural resources special revenue fund.

Fees collected under
subdivision 1 shall be credited to a forest land use account in the natural resources fund
the special revenue fund and are annually appropriated to the commissioner to recoup the
costs of developing, operating, and maintaining facilities necessary for the specified uses
in subdivision 1 or to prevent or mitigate resource impacts of those uses
.

EFFECTIVE DATE.

This section is effective July 1, 2007, and applies to fees
collected according to Minnesota Statutes, section 89.22, subdivision 1, after August
1, 2006.

Sec. 57.

[89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND
SERVICES ACCOUNT.

Subdivision 1.

Creation.

The forest resource assessment products and services
account is created in the state treasury in the natural resources fund.

Subd. 2.

Receipts.

Money received from forest resource assessment product sales
and services provided by the commissioner under sections 84.025, subdivision 9; 84.026;
and 84.0855 shall be credited to the forest resource assessment products and services
account. Forest resource assessment products and services include the sale of aerial
photography, remote sensing, and satellite imagery products and services.

Subd. 3.

Use of money in account.

Money credited to the forest resource
assessment products and services account under subdivision 2 is annually appropriated to
the commissioner and shall be used to maintain the staff and facilities producing the aerial
photography, remote sensing, and satellite imagery products and services.

Sec. 58.

Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

For the purposes of sections 89.51 to 89.61 89.64 the
terms described in this section have the meanings ascribed to them.

Sec. 59.

Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read:


Subd. 6.

Infestation.

"Infestation, " includes actual, potential, incipient, or
emergency emergent infestation or infection by forest pests or shade tree pests.

Sec. 60.

Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read:


Subd. 9.

Forest land or forest.

"Forest land" or "forest, " means land on which
occurs a stand or potential stand of trees valuable for timber products, watershed or
wildlife protection, recreational uses, community forest benefits, or other purposes, and
shall include lands owned or controlled by the state of Minnesota.

Sec. 61.

Minnesota Statutes 2006, section 89.52, is amended to read:


89.52 SURVEYS, INVESTIGATIONS.

The commissioner shall make surveys and investigations to determine the presence
of infestations of forest pests or shade tree pests. For this purpose, duly designated
representatives of the commissioner may enter at reasonable times on public and private
lands for the purpose of conducting such to conduct the surveys and investigations.

Sec. 62.

Minnesota Statutes 2006, section 89.53, is amended to read:


89.53 CONTROL OF FOREST PESTS AND SHADE TREE PESTS.

Subdivision 1.

Commissioner's duties; notice of control measures.

Whenever the
commissioner finds that an area in the state is infested or threatened to be infested with
forest pests or shade tree pests, the commissioner shall determine whether measures of
control are needed and are available , what control measures are to be applied, and the area
over which the control measures shall be applied. The commissioner shall prescribe
a proposed zone of infestation covering the area in which control measures are to be
applied and shall publish notice of the proposal once a week, for two successive weeks
in a newspaper having a general circulation in each county located in whole or in part
in the proposed zone of infestation. Prescribing zones of infestation is and prescribing
measures of control are
exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.

Subd. 2.

Notice requirements; public comment.

The notice shall include a
description of the boundaries of the proposed zone of infestation, the control measures
to be applied,
and a time and place where municipalities and owners of forest lands or
shade trees
in the zone may show cause orally or in writing why the zone and control
measures
should or should not be established. The commissioner shall consider any
statements received in determining whether the zone shall be established and the control
measures applied
.

Subd. 3.

Experimental programs.

The commissioner may establish experimental
programs for the control of forest pests or shade tree pests and for municipal reforestation.

Sec. 63.

Minnesota Statutes 2006, section 89.54, is amended to read:


89.54 ZONES OF INFESTATION, ESTABLISHMENT.

Upon the decision by the commissioner that the establishment of a zone of
infestation
is necessary, the commissioner shall make a written order establishing said
the zone, and upon making said the order, said the zone shall be established. Notice of the
establishment of the zone shall thereupon be published in a newspaper having a general
circulation in each county located in whole or in part in the proposed zone and posted on
the Department of Natural Resources Web site
.

Sec. 64.

Minnesota Statutes 2006, section 89.55, is amended to read:


89.55 INFESTATION CONTROL, COSTS.

Upon the establishment of the zone of infestation, the commissioner may apply
measures of infestation prevention and control on public and private forest and other
lands within such zone and to any trees, timber, plants or shrubs thereon , wood or wood
products, or contaminated soil
harboring or which may harbor the forest pests or shade
tree
pests. For this purpose, the duly authorized representatives of the commissioner
are authorized to enter upon any lands, public or private within such the zone. The
commissioner may enter into agreements with owners of the lands in the zone covering
the control work on their lands, and fixing the pro rata basis on which the cost of such the
work will be shared between the commissioner and said the owner.

Sec. 65.

Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read:


Subdivision 1.

Statement of expenses; cost to owners.

At the end of each fiscal
year and upon completion of the infestation control measures in any zone of infestation,
the commissioner shall prepare a certified statement of expenses incurred in carrying
out such the measures, including expenses of owners covered by agreements entered
into pursuant to section 89.55. The statement shall show the amount which that the
commissioner determines to be its the commissioner's share of the expenses. The share of
the commissioner may include funds and the value of other contributions made available
by the federal government and other cooperators. The balance of such the costs shall
constitute a charge on an acreage basis as provided herein against the owners of lands in
the zone containing trees valuable or potentially valuable for commercial timber purposes
and
affected or likely to be affected by the forest pests or shade tree pests for which control
measures were conducted. In fixing the rates at which charges shall be made against each
owner, the commissioner shall consider the present commercial value of the trees on the
land, the present and potential benefits to such the owner from the application of the
control measures, and the cost of applying such the measures to the land, and such other
factors as in the discretion of the commissioner will enable determination of an equitable
distribution of the cost to all such owners. No charge shall be made against owners to the
extent that they have individually or as members of a cooperative association contributed
funds, supplies, or services pursuant to agreement under this section.

Sec. 66.

Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read:


Subd. 3.

Collection.

The unpaid charges assessed under sections 89.51 to 89.61
89.64
and the actions of the commissioner on any protests filed pursuant to subdivision 2,
shall be reported to the tax levying authority for the county in which the lands for which
the charges are assessed are situated and shall be made a public record. Any charges
finally determined to be due shall become a special assessment and shall be payable
in the same manner and with the same interest and penalty charges and with the same
procedure for collection as apply to ad valorem property taxes. Upon collection of the
charges, the county treasurer shall forthwith cause the amounts thereof to be paid to the
forest pest and shade tree pest control fund account created by section 89.58. Any unpaid
charge or lien against the lands shall not be affected by the sale thereof or by dissolution
of the zone of infestation.

Sec. 67.

Minnesota Statutes 2006, section 89.57, is amended to read:


89.57 DISSOLUTION OF ZONE INFESTATION.

Whenever the commissioner shall determine that forest pest or shade tree pest
control work within an established zone of infestation is no longer necessary or feasible,
the commissioner shall dissolve the zone.

Sec. 68.

Minnesota Statutes 2006, section 89.58, is amended to read:


89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.

All money collected under the provisions of sections 89.51 to 89.61 89.64, together
with such money as may be appropriated by the legislature or allocated by the Legislative
Advisory Commission for the purposes of sections 89.51 to 89.61 89.64 , and such money
as may be contributed or paid by the federal government, or any other public or private
agency, organization or individual, shall be deposited in the state treasury, to the credit
of the forest pest and shade tree pest control account, which account is hereby created,
and any moneys therein are appropriated to the commissioner for use in carrying out the
purposes hereof of sections 89.51 to 89.64.

Sec. 69.

Minnesota Statutes 2006, section 89.59, is amended to read:


89.59 COOPERATION.

The commissioner may cooperate with the United States or agencies thereof, other
agencies of the state, county or municipal governments, agencies of neighboring states, or
other public or private organizations or individuals and may accept such funds, equipment,
supplies, or services from cooperators and others as it the commissioner may provide in
agreements with the United States or its agencies for matching of federal funds as required
under laws of the United States relating to forest pests and shade tree pests.

Sec. 70.

Minnesota Statutes 2006, section 89.60, is amended to read:


89.60 DUTIES, RULES; COMMISSIONER.

The commissioner is authorized to employ personnel in accordance with the laws of
this state, to procure necessary equipment, supplies, and service, to enter into contracts, to
provide funds to any agency of the United States for work or services under sections 89.51
to 89.61 89.64, and to designate or appoint, as its the commissioner's representatives,
employees of its cooperators, including employees of the United States or any agency
thereof. The commissioner may prescribe rules for carrying out the purposes hereof
of this section
.

Sec. 71.

Minnesota Statutes 2006, section 89.61, is amended to read:


89.61 ACT SUPPLEMENTAL.

Provisions of sections 89.51 to 89.61 89.64 are supplementary to and not to be
construed to repeal existing legislation.

Sec. 72.

[89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.

Subdivision 1.

Grants.

The commissioner may make grants to aid in the control of
a shade tree pest. To be eligible, a grantee must have a pest control program approved
by the commissioner that:

(1) defines tree ownership and who is responsible for the costs associated with
control measures;

(2) defines the zone of infestation within which the control measures are to be
applied;

(3) includes a tree inspector certified under section 89.63 and having the authority to
enter and inspect private lands;

(4) has the means to enforce measures needed to limit the spread of shade tree
pests; and

(5) provides that grant money received will be deposited in a separate fund to be
spent only for the purposes authorized by this section.

Subd. 2.

Grant eligibility.

The following are eligible for grants under this section:

(1) a home rule charter or statutory city or a town that exercises municipal powers
under section 368.01 or any general or special law;

(2) a special park district organized under chapter 398;

(3) a special-purpose park and recreation board;

(4) a soil and water conservation district;

(5) a county; or

(6) any other organization with the legal authority to enter into contractual
agreements.

Subd. 3.

Rules; applicability to municipalities.

The rules and procedures adopted
under this section by the commissioner apply in a municipality unless the municipality
adopts an ordinance determined by the commissioner to be more stringent than the rules
and procedures of the commissioner. The rules and procedures of the commissioner or
the municipality apply to all state agencies, special purpose districts, and metropolitan
commissions as defined in section 473.121, subdivision 5a, that own or control land
adjacent to or within a zone of infestation.

Sec. 73.

[89.63] CERTIFICATION OF TREE INSPECTORS.

(a) The governing body of a municipality may appoint a qualified tree inspector.
Two or more municipalities may jointly appoint a tree inspector for the purpose of
administering their respective pest control programs.

(b) Upon a determination by the commissioner that a candidate for the position
of tree inspector is qualified, the commissioner shall issue a certificate of qualification
to the tree inspector. The certificate is valid for one year. A person certified as a tree
inspector by the commissioner may enter and inspect any public or private property that
might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree
inspector certification workshop, upon completion of which participants are qualified
as tree inspectors.

(c) The commissioner may suspend and, upon notice and hearing, decertify a
tree inspector if the tree inspector fails to act competently or in the public interest in
the performance of duties.

Sec. 74.

[89.64] EXEMPTIONS.

This chapter does not supersede the authority of the Department of Agriculture
under chapter 18G.

Sec. 75.

Minnesota Statutes 2006, section 89A.11, is amended to read:


89A.11 REPEALER.

Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08;
89A.09; 89A.10; and 89A.11 , are repealed June 30, 2007 2017.

Sec. 76.

Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision
to read:


Subd. 4.

Change of security.

Prior to any harvest activity, or activities incidental
to the preparation for harvest, a purchaser having posted a bond for 100 percent of the
purchase price of a sale may request the release of the bond and the commissioner shall
grant the release upon cash payment to the commissioner of 15 percent of the appraised
value of the sale, plus eight percent interest on the appraised value of the sale from the
date of purchase to the date of release.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 77.

Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read:


Subd. 3.

Expiration.

Notwithstanding section 15.059, subdivision 5, or other law to
the contrary, the committee expires June 30, 2007 2011.

Sec. 78.

Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read:


Subdivision 1.

Generally.

(a) All payments under sections 93.14 to 93.285 shall
be made to the Department of Natural Resources and shall be credited according to this
section.

(a) If the lands or minerals and mineral rights covered by a lease are held by the state
by virtue of an act of Congress, payments made under the lease shall be credited to the
permanent fund of the class of land to which the leased premises belong.

(b) If a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state.

(c) If the lands or minerals and mineral rights covered by a lease are held by the
state in trust for the taxing districts, payments made under the lease shall be distributed
annually on the first day of September as follows:

(1) 20 percent to the general fund; and

(2) 80 percent to the respective counties in which the lands lie, to be apportioned
among the taxing districts interested therein as follows: county, three-ninths; town or city,
two-ninths; and school district, four-ninths.

(d) Except as provided under this section and except where the disposition of
payments may be otherwise directed by law, all payments shall be paid into the general
fund of the state.

(b) Twenty percent of all payments under sections 93.14 to 93.285 shall be
credited to the minerals management account in the natural resources fund as costs for
the administration and management of state mineral resources by the commissioner of
natural resources.

(c) The remainder of the payments shall be credited as follows:

(1) if the lands or minerals and mineral rights covered by a lease are held by the state
by virtue of an act of Congress, payments made under the lease shall be credited to the
permanent fund of the class of land to which the leased premises belong;

(2) if a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state;

(3) if the lands or minerals and mineral rights covered by a lease are held by the state
in trust for the taxing districts, payments made under the lease shall be distributed annually
on the first day of September to the respective counties in which the lands lie, to be
apportioned among the taxing districts interested therein as follows: county, three-ninths;
town or city, two-ninths; and school district, four-ninths;

(4) if the lands or mineral rights covered by a lease became the absolute property of
the state under the provisions of chapter 84A, payments made under the lease shall be
distributed as follows: county containing the land from which the income was derived,
five-eighths; and general fund of the state, three-eighths; and

(5) except as provided under this section and except where the disposition of
payments may be otherwise directed by law, payments made under a lease shall be paid
into the general fund of the state.

Sec. 79.

Minnesota Statutes 2006, section 97A.045, is amended by adding a
subdivision to read:


Subd. 12.

Establishing fees.

Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish fees providing for the use
of state wildlife management area or aquatic management area lands for specific purposes,
including dog trials, special events, and commercial uses. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.

Sec. 80.

Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:


Subd. 4.

Game and fish annual reports.

(a) By December 15 each year,
the commissioner shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on each of the following:

(1) the amount of revenue from the following and purposes for which expenditures
were made:

(i) the small game license surcharge under section 97A.475, subdivision 4;

(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
5
, clause (1);

(iii) the trout and salmon stamp under section 97A.475, subdivision 10;

(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); and

(v) the turkey stamp under section 97A.475, subdivision 5, clause (3); and

(vi) the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;

(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;

(3) money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;

(4) outcome goals for the expenditures from the game and fish fund; and

(5) summary and comments of citizen oversight committee reviews under
subdivision 4b.

(b) The report must include the commissioner's recommendations, if any, for
changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

Sec. 81.

Minnesota Statutes 2006, section 97A.065, is amended by adding a
subdivision to read:


Subd. 6.

Deer license donations and surcharges.

(a) The surcharges and donations
collected under section 97A.475, subdivision 3, paragraph (b), and subdivision 3a,
shall be deposited in an account in the special revenue fund and are appropriated to
the commissioner for deer management, including for grants or payments to agencies,
organizations, or individuals for assisting with the cost of processing deer taken for
population management purposes for venison donation programs. None of the additional
license fees shall be transferred to any other agency for administration of programs other
than venison donation. If any money transferred by the commissioner is not used for a
venison donation program, it shall be returned to the commissioner.

(b) By February 10, 2010, the commissioner shall report to the legislature on the
participation in and the effectiveness of the venison donation program.

Sec. 82.

Minnesota Statutes 2006, section 97A.133, is amended by adding a
subdivision to read:


Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County.

Sec. 83.

Minnesota Statutes 2006, section 97A.205, is amended to read:


97A.205 ENFORCEMENT OFFICER POWERS.

An enforcement officer is authorized to:

(1) execute and serve court issued warrants and processes relating to wild animals,
wild rice, public waters, water pollution, conservation, and use of water, in the same
manner as a sheriff;

(2) enter any land to carry out the duties and functions of the division;

(3) make investigations of violations of the game and fish laws;

(4) take an affidavit, if it aids an investigation;

(5) arrest, without a warrant, a person who is detected in the actual violation of the
game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E,
103F, 103G, sections 86B.001 to 86B.815, 89.51 to 89.61 89.64 ; or 609.66, subdivision 1,
clauses (1), (2), (5), and (7); and 609.68; and

(6) take an arrested person before a court in the county where the offense was
committed and make a complaint.

Nothing in this section grants an enforcement officer any greater powers than other
licensed peace officers.

Sec. 84.

Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:


Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not
been issued and received.

(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.

(d) A license or stamp issued electronically and not immediately provided to the
licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp
validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp
. A
pictorial turkey stamp or a pictorial , migratory waterfowl, pheasant, or trout and salmon
stamp shall be mailed provided to the licensee after purchase of a license or stamp
validation only if the licensee pays an additional $2 fee.

Sec. 85.

Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read:


Subdivision 1.

License period.

(a) Except as provided in paragraphs (b), (c), and
(d), and (e), a license is valid during the lawful time within the license year that the
licensed activity may be performed. A license year begins on the first day of March and
ends on the last day of February.

(b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475,
subdivision 7
, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid
for the full license period even if this period extends into the next license year, provided
that the license period selected by the licensee begins at the time of issuance.

(c) When the last day of February falls on a Saturday, an annual resident or
nonresident fish house or dark house license, including a rental fish house or dark house
license, obtained for the license year covering the last day of February, is valid through
Sunday, March 1 and the angling license of the fish house licensee is extended through
March 1.

(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed for the
lifetime of the licensee.

(e) A three-year fish house or dark house license is valid during the license year that
it is purchased and the two succeeding license years.

Sec. 86.

Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read:


Subd. 3a.

Nonresidents under age 16 18; small game.

(a) A nonresident under
age 16 18 may obtain a small game license at the resident fee under section 97A.475,
subdivision 2, clause (2),
if the nonresident:

(1) possesses a firearms safety certificate; or

(2) if age 13 or under, is accompanied by a parent or guardian when purchasing
the license.

(b) A nonresident age 13 or under must be accompanied by a parent or guardian
to take small game. A nonresident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take small game.

Sec. 87.

Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:


Subd. 1a.

Spouses of residents on active military duty.

Notwithstanding section
97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain
resident hunting and fishing licenses.

Sec. 88.

Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:


Subd. 1b.

Residents discharged from active service.

(a) A resident who has served
at any time during the preceding 24 months in federal active service, as defined in section
190.05, subdivision 5c, outside the United States as a member of the National Guard, or as
a reserve component or active duty member of the United States armed forces and has
been discharged from active service may take small game and fish without a license if the
resident possesses official military discharge papers. The resident must obtain the seals,
tags, and coupons required of a licensee, which must be furnished without charge.

(b) The commissioner shall issue, without fee, a deer license to a resident who has
served at any time during the preceding 24 months in federal active service, as defined
in section 190.05, subdivision 5c, outside the United States as a member of the National
Guard, or as a reserve component or active duty member of the United States armed
forces and has been discharged from active service. Eligibility under this paragraph is
limited to one license per resident.

Sec. 89.

Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read:


Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small game in the state. The
license authorizes those hunting and trapping activities authorized by the annual resident
small game hunting license and trapping licenses. The license does not include a turkey
stamp validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $217;

(2) age 4 to age 15, $290;

(3) age 16 to age 50, $363; and

(4) age 51 and over, $213.

EFFECTIVE DATE.

This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.

Sec. 90.

Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read:


Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game in the state.
The license authorizes those activities authorized by the annual resident angling and ,
resident small game hunting, and resident trapping licenses. The license does not include
a trout and salmon stamp validation, a turkey stamp validation, or any other hunting
stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

EFFECTIVE DATE.

This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.

Sec. 91.

Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:


Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) for persons age 18 and older to take small game, $73;

(2) for persons age 18 and older to take deer with firearms, $135;

(3) for persons age 18 and older to take deer by archery, the greater of:

(i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or

(ii) $135;

(4) to take bear, $195;

(5) to take turkey, $73;

(6) to take raccoon, or bobcat, fox , or coyote, $155;

(7) multizone license to take antlered deer in more than one zone, $270; and

(8) to take Canada geese during a special season, $4;

(9) for persons at least age 12 and under age 18 to take deer with firearms during the
regular firearms season in any open zone or time period, $13; and

(10) for persons at least age 12 and under age 18 to take deer by archery, $13.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7). An additional commission may not be assessed on this
surcharge.

Sec. 92.

Minnesota Statutes 2006, section 97A.475, is amended by adding a
subdivision to read:


Subd. 3a.

Deer license surcharge.

A person may agree to add a donation of $1, $3,
or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or
archery established under subdivisions 2, clauses (4), (5), (9), and (11), and 3, clauses (2),
(3), and (7). Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or
archery established under section 97B.301, subdivision 4, must be increased by a surcharge
of $1. An additional commission may not be assessed on the donation or surcharge and
the following statement must be included in the annual deer hunting regulations: "The
deer license donations and surcharges are being paid by hunters for deer management,
including assisting with the costs of processing deer donated for charitable purposes."

Sec. 93.

Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read:


Subd. 7.

Nonresident fishing.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) to take fish by angling, $34 $37.50;

(2) to take fish by angling limited to seven consecutive days selected by the licensee,
$24 $26.50;

(3) to take fish by angling for a 72-hour period selected by the licensee, $20 $22;

(4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, $46 $50.50;

(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and

(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $35 $38.50.

(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5). An additional commission may not be assessed
on this surcharge.

EFFECTIVE DATE.

This section is effective March 1, 2008.

Sec. 94.

Minnesota Statutes 2006, section 97A.475, subdivision 11, is amended to read:


Subd. 11.

Fish houses and dark houses; residents.

Fees for the following licenses
are:

(1) annual for a fish house or dark house that is not rented, $11.50; and

(2) annual for a fish house or dark house that is rented, $26;

(3) three-year for a fish house or dark house that is not rented, $34.50; and

(4) three-year for a fish house or dark house that is rented, $78.

Sec. 95.

Minnesota Statutes 2006, section 97A.475, subdivision 12, is amended to read:


Subd. 12.

Fish houses; nonresident.

Fees for fish house licenses for a nonresident
are:

(1) annual, $33; and

(2) seven consecutive days, $19; and

(3) three-year, $99.

Sec. 96.

Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:


Subd. 7.

Electronic licensing system commission.

The commissioner shall retain
for the operation of the electronic licensing system the commission established under
section 84.027, subdivision 15, and issuing fees collected by the commissioner on all
license fees collected, excluding:

(1) the small game surcharge; and

(2) the deer license surcharges or donations under section 97A.475, subdivisions 3,
paragraph (b), and 3a; and

(3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6,
clauses (1)
, (2), and (4), 7, 8, 12, and 13.

Sec. 97.

[97B.303] VENISON DONATIONS.

An individual who legally takes a deer may donate the deer, for distribution to
charitable food assistance programs, to a meat processor that is licensed under chapter
28A. An individual donating a deer must supply the processor with the tag number under
which the deer was taken.

Sec. 98.

Minnesota Statutes 2006, section 97B.601, subdivision 3, is amended to read:


Subd. 3.

Nonresidents: raccoon, or bobcat, fox, coyote.

A nonresident may not
take raccoon, or bobcat, fox, or coyote by firearms without a separate license to take that
animal in addition to a small game license.

Sec. 99.

Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:


Subdivision 1.

Stamp required.

(a) Except as provided in paragraph (b) or section
97A.405, subdivision 2, a person required to possess a small game license may not hunt
pheasants without:

(1) a pheasant stamp in possession; and

(2) a pheasant stamp validation on the small game license when issued electronically.

(b) The following persons are exempt from this subdivision:

(1) residents under age 18 or over age 65;

(2) persons hunting on licensed commercial shooting preserves; and

(3) resident disabled veterans with a license issued under section 97A.441,
subdivision 6a
.

Sec. 100.

Minnesota Statutes 2006, section 97B.801, is amended to read:


97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.

(a) Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl without:

(1) a Minnesota migratory waterfowl stamp in possession; and

(2) a migratory waterfowl stamp validation on the small game license when issued
electronically
.

(b) Residents under age 18 or over age 65; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a; and persons hunting on their own property
are not required to possess a stamp or a license validation under this section.

Sec. 101.

Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:


Subd. 3.

Contests requiring a permit.

(a) A person must have a permit from the
commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
Permits shall be issued without a fee. The commissioner shall charge a fee for the permit
that recovers the costs of issuing the permit and of monitoring the activities allowed by
the permit. The commissioner may waive the fee under this subdivision for a charitable
organization. Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish contest permit fees. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply.

(b) If entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:

(1) not previously conducted a fishing contest requiring a permit under this
subdivision; or

(2) ever failed to make required prize awards in a fishing contest conducted by
the applicant, the commissioner may require the applicant to furnish the commissioner
evidence of financial responsibility in the form of a surety bond or bank letter of credit in
the amount of $25,000.

(c) The permit fee for any individual contest may not exceed the following amounts:

(1) $120 for an open water contest not exceeding 100 participants and without
off-site weigh-in;

(2) $400 for an open water contest with more than 100 participants and without
off-site weigh-in;

(3) $500 for an open water contest not exceeding 100 participants with off-site
weigh-in;

(4) $1,000 for an open water contest with more than 100 participants with off-site
weigh-in; or

(5) $120 for an ice fishing contest with more than 150 participants.

Sec. 102.

Minnesota Statutes 2006, section 97C.355, subdivision 2, is amended to read:


Subd. 2.

License required.

A person may not take fish from a dark house or fish
house that is left unattended on the ice overnight unless the house is licensed and has a
license tag attached to the exterior in a readily visible location, except as provided in this
subdivision. The commissioner must issue a tag with a dark house or fish house license,
marked with a number to correspond with the license and the year of issue. A dark house
or fish house license is not required of a resident on boundary waters where the adjacent
state does not charge a fee for the same activity.

Sec. 103.

Minnesota Statutes 2006, section 103B.101, is amended by adding a
subdivision to read:


Subd. 12.

Authority to issue penalty orders.

(a) The board may issue an order
requiring violations to be corrected and administratively assessing monetary penalties of
up to $10,000 per violation for violations of this chapter and chapters 103C, 103D, 103E,
103F, and 103G, any rules adopted under those chapters, and any standards, limitations, or
conditions established by the board.

(b) Administrative penalties issued under paragraph (a) may be appealed according
to section 116.072, if the recipient of the penalty requests a hearing by notifying the
commissioner in writing within 30 days after receipt of the order. For the purposes of this
section, the terms "commissioner" and "agency" as used in section 116.072 mean the
board. If a hearing is not requested within the 30-day period, the order becomes a final
order not subject to further review.

(c) Administrative penalty orders issued under paragraph (a) may be enforced
under section 116.072, subdivision 9. Penalty amounts must be remitted within 30 days
of issuance of the order.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 104.

[103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
AND OVERSIGHT.

Subdivision 1.

Findings; improving accountability and oversight.

The legislature
finds that a process is needed to monitor the performance and activities of local water
management entities. The process should be preemptive so that problems can be identified
early and systematically. Underperforming entities should be provided assistance and
direction for improving performance in a reasonable time frame.

Subd. 2.

Definitions.

For the purposes of this section, "local water management
entities" means watershed districts, soil and water conservation districts, metropolitan
water management organizations, and counties operating separately or jointly in their
role as local water management authorities under chapter 103B, 103C, 103D, or 103G
and chapter 114D.

Subd. 3.

Evaluation and report.

The Board of Water and Soil Resources shall
evaluate performance, financial, and activity information for each local water management
entity. The board shall evaluate the entities' progress in accomplishing their adopted
plans on a regular basis, but not less than once every five years. The board shall maintain
a summary of local water management entity performance on the board's Web site.
Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
of local water management entity performance to the chairs of the house and senate
committees having jurisdiction over environment and natural resources policy.

Subd. 4.

Corrective actions.

(a) In addition to other authorities, the Board of Water
and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
redirect grants and other funding if the local water management entity has not corrected
deficiencies as prescribed in a notice from the board within one year from the date of
the notice.

(b) The board may defer a decision on a termination petition filed under section
103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
under subdivision 3 or to communicate the results of the evaluation to petitioners or to
local and state government agencies.

Sec. 105.

Minnesota Statutes 2006, section 103C.321, is amended by adding a
subdivision to read:


Subd. 6.

Credit card use.

The supervisors may authorize the use of a credit card
by any soil and water conservation district officer or employee otherwise authorized
to make a purchase on behalf of the soil and water conservation district. If a soil and
water conservation district officer or employee makes a purchase by credit card that is not
approved by the supervisors, the officer or employee is personally liable for the amount of
the purchase. A purchase by credit card must otherwise comply with all statutes, rules,
or soil and water conservation district policy applicable to soil and water conservation
district purchases.

Sec. 106.

Minnesota Statutes 2006, section 103D.325, is amended by adding a
subdivision to read:


Subd. 4.

Credit card use.

The managers may authorize the use of a credit card
by any watershed district officer or employee otherwise authorized to make a purchase
on behalf of the watershed district. If a watershed district officer or employee makes a
purchase by credit card that is not approved by the managers, the officer or employee is
personally liable for the amount of the purchase. A purchase by credit card must otherwise
comply with all statutes, rules, or watershed district policy applicable to watershed district
purchases.

Sec. 107.

Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to
read:


Subdivision 1.

Spoil banks must be spread and grass planted permanent
vegetation established
.

In any proceeding to establish, construct, improve, or do any
work affecting a public drainage system under any law that appoints viewers to assess
benefits and damages, the authority having jurisdiction over the proceeding shall order
spoil banks to be spread consistent with the plan and function of the drainage system. The
authority shall order that permanent grass, other than a noxious weed, be planted on
the banks ditch side slopes and on a strip that a permanent strip of perennial vegetation
approved by the drainage authority be established on each side of the ditch. Preference
should be given to planting native species of a local ecotype. The approved perennial
vegetation shall not impede future maintenance of the ditch. The permanent strips of
perennial vegetation shall be
16-1/2 feet in width measured outward from the top edge
of the constructed channel resulting from the proceeding,
or to the crown of the leveled
spoil bank, whichever is the greater, on each side of the top edge of the channel of the
ditch.
except for an action by a drainage authority that results only in a redetermination of
benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system
rights-of-way for
the acreage and additional property required for the planting permanent
strips
must be acquired by the authority having jurisdiction.

Sec. 108.

Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to
read:


Subd. 2.

Reseeding and harvesting grass perennial vegetation.

The authority
having jurisdiction over the repair and maintenance of the drainage system shall supervise
all necessary reseeding. The permanent grass strips of perennial vegetation must be
maintained in the same manner as other drainage system repairs. Harvest of the grass
vegetation
from the grass permanent strip in a manner not harmful to the grass vegetation
or the drainage system is the privilege of the fee owner or assigns. The county drainage
inspector shall establish rules for the fee owner and assigns to harvest the grass vegetation.

Sec. 109.

Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to
read:


Subd. 3.

Agricultural practices prohibited.

Agricultural practices, other than
those required for the maintenance of a permanent growth of grass perennial vegetation,
are not permitted on any portion of the property acquired for planting perennial vegetation.

Sec. 110.

Minnesota Statutes 2006, section 103E.021, is amended by adding a
subdivision to read:


Subd. 6.

Incremental implementation of vegetated ditch buffer strips and side
inlet controls.

(a) Notwithstanding other provisions of this chapter requiring appointment
of viewers and redetermination of benefits and damages, a drainage authority may
implement permanent buffer strips of perennial vegetation approved by the drainage
authority or side inlet controls, or both, adjacent to a public drainage ditch, where
necessary to control erosion and sedimentation, improve water quality, or maintain the
efficiency of the drainage system. Preference should be given to planting native species of
a local ecotype. The approved perennial vegetation shall not impede future maintenance
of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width
measured outward from the top edge of the existing constructed channel. Drainage system
rights-of-way for the acreage and additional property required for the permanent strips
must be acquired by the authority having jurisdiction.

(b) A project under this subdivision shall be implemented as a repair according to
section 103E.705, except that the drainage authority may appoint an engineer to examine
the drainage system and prepare an engineer's repair report for the project.

(c) Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement
shall be prepared, including an explanation of how the damages were determined for each
property affected by the project, and filed with the auditor or watershed district. Within 30
days after the damages statement is filed, the auditor or watershed district shall prepare
property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2),
(6), (7), and (8), and mail a copy of the property owner's report and damages statement to
each owner of property affected by the proposed project.

(d) After a damages statement is filed, the drainage authority shall set a time, by
order, not more than 30 days after the date of the order, for a hearing on the project. At
least ten days before the hearing, the auditor or watershed district shall give notice by mail
of the time and location of the hearing to the owners of property and political subdivisions
likely to be affected by the project.

(e) The drainage authority shall make findings and order the repairs to be made if
the drainage authority determines from the evidence presented at the hearing and by the
viewers and engineer, if appointed, that the repairs are necessary for the drainage system
and the costs of the repairs are within the limitations of section 103E.705.

Sec. 111.

[103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.

The drainage authority shall annually submit a report to the Board of Water and Soil
Resources for the calendar year including:

(1) the number and types of actions for which viewers were appointed;

(2) the number of miles of buffer strips established according to section 103E.021;

(3) the number of drainage system inspections conducted; and

(4) the number of violations of section 103E.021 identified and enforcement actions
taken.

Sec. 112.

Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to
read:


Subd. 8.

Extent of damages.

Damages to be paid may include:

(1) the fair market value of the property required for the channel of an open ditch
and the permanent grass strip of perennial vegetation under section 103E.021;

(2) the diminished value of a farm due to severing a field by an open ditch;

(3) loss of crop production during drainage project construction; and

(4) the diminished productivity or land value from increased overflow. ; and

(5) costs to restore a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way and damaged by the drainage project.

Sec. 113.

Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to
read:


Subdivision 1.

Requirements.

The viewers' report must show, in tabular form,
for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that
is benefited or damaged:

(1) a description of the lot or tract, under separate ownership, that is benefited or
damaged;

(2) the names of the owners as they appear on the current tax records of the county
and their addresses;

(3) the number of acres in each tract or lot;

(4) the number and value of acres added to a tract or lot by the proposed drainage of
public waters;

(5) the damage, if any, to riparian rights;

(6) the damages paid for the permanent grass strip of perennial vegetation under
section 103E.021;

(7) the total number and value of acres added to a tract or lot by the proposed
drainage of public waters, wetlands, and other areas not currently being cultivated;

(8) the number of acres and amount of benefits being assessed for drainage of areas
which before the drainage benefits could be realized would require a public waters work
permit to work in public waters under section 103G.245 to excavate or fill a navigable
water body under United States Code, title 33, section 403, or a permit to discharge into
waters of the United States under United States Code, title 33, section 1344;

(9) the number of acres and amount of benefits being assessed for drainage of areas
that would be considered conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;

(10) the amount of right-of-way acreage required; and

(11) the amount that each tract or lot will be benefited or damaged.

Sec. 114.

Minnesota Statutes 2006, section 103E.701, is amended by adding a
subdivision to read:


Subd. 7.

Restoration; disturbance or destruction by repair.

If a drainage system
repair disturbs or destroys a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage system
right-of-way, the practice must be restored according to the applicable practice plan or
as determined by the drainage authority, if a practice plan is not available. Restoration
costs shall be paid by the drainage system.

Sec. 115.

Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to
read:


Subdivision 1.

Inspection.

After the construction of a drainage system has been
completed, the drainage authority shall maintain the drainage system that is located in its
jurisdiction, including grass the permanent strips of perennial vegetation under section
103E.021 , and provide the repairs necessary to make the drainage system efficient. The
drainage authority shall have the drainage system inspected on a regular basis by an
inspection committee of the drainage authority or a drainage inspector appointed by the
drainage authority. Open drainage ditches shall be inspected at a minimum of every five
years when no violation of section 103E.021 is found and annually when a violation of
section 103E.021 is found, until one year after the violation is corrected.

Sec. 116.

Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to
read:


Subd. 2.

Grass Permanent strip of perennial vegetation inspection and
compliance notice.

(a) The drainage authority having jurisdiction over a drainage system
must inspect the drainage system for violations of section 103E.021. If an inspection
committee of the drainage authority or a drainage inspector determines that permanent
grass strips of perennial vegetation are not being maintained in compliance with section
103E.021, a compliance notice must be sent to the property owner.

(b) The notice must state:

(1) the date the ditch was inspected;

(2) the persons making the inspection;

(3) that spoil banks are to be spread in a manner consistent with the plan and function
of the drainage system and that the drainage system has acquired a grass permanent strip
16-1/2 feet in width or to the crown of the spoil bank, whichever is greater of perennial
vegetation, according to section 103E.021
;

(4) the violations of section 103E.021;

(5) the measures that must be taken by the property owner to comply with section
103E.021 and the date when the property must be in compliance; and

(6) that if the property owner does not comply by the date specified, the drainage
authority will perform the work necessary to bring the area into compliance with section
103E.021 and charge the cost of the work to the property owner.

(c) If a property owner does not bring an area into compliance with section 103E.021
as provided in the compliance notice, the inspection committee or drainage inspector
must notify the drainage authority.

(d) This subdivision applies to property acquired under section 103E.021.

Sec. 117.

Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to
read:


Subd. 3.

Drainage inspection report.

For each drainage system that the board
designates and requires the drainage inspector to examine, the drainage inspector shall
make a drainage inspection report in writing to the board after examining a drainage
system, designating portions that need repair or maintenance of grass the permanent
strips of perennial vegetation and the location and nature of the repair or maintenance.
The board shall consider the drainage inspection report at its next meeting and may repair
all or any part of the drainage system as provided under this chapter. The grass permanent
strips of perennial vegetation must be maintained in compliance with section 103E.021.

Sec. 118.

Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to
read:


Subd. 2.

Additional assessment for agricultural practices on grass permanent
strip of perennial vegetation.

(a) The drainage authority may, after notice and hearing,
charge an additional assessment on property that has agricultural practices on or otherwise
violates provisions related to the permanent grass strip of perennial vegetation acquired
under section 103E.021.

(b) The drainage authority may determine the cost of the repair per mile of open
ditch on the ditch system. Property that is in violation of the grass requirement shall be
assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length
of open ditch in miles on the property in violation.

(c) After the amount of the additional assessment is determined and applied to the
repair cost, the balance of the repair cost may be apportioned pro rata as provided in
subdivision 1.

Sec. 119.

[103F.518] REINVEST IN MINNESOTA CLEAN ENERGY
PROGRAM.

Subdivision 1.

Establishment of program.

(a) The board, in consultation with the
technical committee established in subdivision 11, shall establish and administer a reinvest
in Minnesota (RIM) clean energy program that is in addition to the program under section
103F.515. Selection of land for the clean energy program must be based on its potential
benefits for bioenergy crop production, water quality, soil health, reduction of chemical
inputs, soil carbon storage, biodiversity, and wildlife habitat.

(b) For the purposes of this section, "diverse native prairie" means a prairie planted
from a mix of local Minnesota native prairie species. A selection from all available native
prairie species may be made so as to match species appropriate to local site conditions.

Subd. 2.

Eligible land.

Eligible land under this section must:

(1) be owned by the landowner, or a parent or other blood relative of the landowner,
for at least one year before the date of application;

(2) be at least five acres in size;

(3) not be currently set aside, enrolled, or diverted under another federal or state
government program; and

(4) have been in agricultural use, as defined in section 17.81, subdivision 4, or have
been set aside, enrolled, or diverted under another federal or state program for at least two
of the last five years before the date of application.

Subd. 3.

Designation of project areas.

The board shall develop a process to
designate defined project areas. The designation process shall prioritize projects that
include coordinated cooperation of a cellulosic biofuel facility or a bioenergy production
facility, target impaired waters, or support other state or local natural resource plans,
goals, or objectives.

Subd. 4.

Easements.

The board may acquire, or accept by gift or donation,
easements on eligible land. An easement may be permanent or of limited duration. An
easement of limited duration may not be acquired if it is for a period less than 20 years.
The negotiation and acquisition of easements authorized by this section are exempt from
the contractual provisions of chapters 16B and 16C.

Subd. 5.

Nature of property rights acquired.

(a) An easement must prohibit:

(1) agricultural crop production, unless approved by the board for energy production
purposes; and

(2) spraying with chemicals, except as necessary to comply with noxious weed
control laws, emergency pest control necessary to protect public health, or as needed
to establish a productive planting as determined by the technical committee under
subdivision 11.

(b) An easement is subject to the terms of the agreement provided in subdivision 6.

(c) Agricultural crop production and harvest are limited to native, perennial
bioenergy crops. Harvest shall occur outside of bird nesting season.

(d) An easement must allow repairs, improvements, and inspections necessary to
maintain public drainage systems provided the easement area is restored to the condition
required by the terms of the easement.

(e) An easement may allow nonnative perennial prairie or pasture established by
September 1, 2007, that meet the other objectives outlined in subdivision 7.

(f) An easement may allow grazing of livestock only if practiced under a plan,
approved by the board, that protects water quality, wildlife habitat, and biodiversity.

Subd. 6.

Agreements by landowner.

The board may enroll eligible land in the
reinvest in Minnesota clean energy program by signing an agreement in recordable form
with a landowner in which the landowner agrees:

(1) to convey to the state an easement that is not subject to any prior title, lien, or
encumbrance;

(2) to seed the land subject to the easement, as specified in the agreement, at
seeding rates determined by the board, or carry out other long-term capital improvements
approved by the board; and

(3) that the easement duration may be lengthened through mutual agreement with
the board.

Subd. 7.

Payments for easements.

The board must develop a tiered payment
system for easements partially based on the benefits of the bioenergy crop production for
water quality, soil health, reduction in chemical inputs, soil carbon storage, biodiversity,
and wildlife habitat using cash rent or a similar system as may be determined by the
board. The payment system must provide that the highest per-acre payment is for diverse
native prairie and perennials.

Subd. 8.

Easement renewal.

When an easement of limited duration expires, a
new easement and agreement for an additional period of not less than 20 years may be
acquired by agreement of the board and the landowner under the terms of this section.
The board may adjust payment rates as a result of renewing an agreement and easement
only after examining the condition of the established plantings, conservation practices,
and land values.

Subd. 9.

Correction of easement boundary lines.

To correct errors in legal
descriptions for easements that affect the ownership interest in the state and adjacent
landowners, the board may, in the name of the state, with the approval of the attorney
general, convey, without consideration, interests of the state necessary to correct legal
descriptions of boundaries. The conveyance must be by quitclaim deed or release in
a form approved by the attorney general.

Subd. 10.

Enforcement and damages.

(a) A landowner who violates the term of
an easement or agreement under this section, or induces, assists, or allows another to do
so, is liable to the state for treble damages if the trespass is willful, but liable for double
damages only if the trespass is not willful. The amount of damages is the amount needed
to make the state whole or the amount the landowner has gained due to the violation,
whichever is greater.

(b) Upon the request of the board, the attorney general may commence an action for
specific performances, injunctive relief, damages, including attorney fees, and any other
appropriate relief to enforce this section in district court in the county where all or part
of the violation is alleged to have been committed, or where the landowner resides or
has a principal place of business.

Subd. 11.

Technical committee.

To ensure that public benefits, including water
quality, soil health, reduction of chemical inputs, soil carbon storage, biodiversity, and
wildlife habitat are secured along with bioenergy crop production, the Board of Water and
Soil Resources shall appoint a technical committee consisting of one representative from
the Departments of Agriculture, Natural Resources, and Commerce and the Pollution
Control Agency; two farm organizations; one sustainable agriculture farmer organization;
three rural economic development organizations; three environmental organizations; and
three conservation or wildlife organizations. The board and technical committee shall
consult with private sector organizations and University of Minnesota researchers involved
in biomass establishment and bioenergy or biofuel conversion. The technical committee
is to develop program guidelines and standards, as appropriate to ensure that reinvest in
Minnesota clean energy program contracts provide public benefits commensurate with the
public investment. The technical committee shall review and make recommendations on
the guidelines and standards every five years.

Sec. 120.

Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to
read:


Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly
or partially, unless replaced by restoring or creating wetland areas of at least equal
public value under a replacement plan approved as provided in section 103G.2242, a
replacement plan under a local governmental unit's comprehensive wetland protection
and management plan approved by the board under section 103G.2243, or, if a permit to
mine is required under section 93.481, under a mining reclamation plan approved by the
commissioner under the permit to mine. Mining reclamation plans shall apply the same
principles and standards for replacing wetlands by restoration or creation of wetland areas
that are applicable to mitigation plans approved as provided in section 103G.2242. Public
value must be determined in accordance with section 103B.3355 or a comprehensive
wetland protection and management plan established under section 103G.2243. Sections
103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
flooded areas of types 3, 4, and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order
of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that a deed restriction is placed on the altered wetland prohibiting
nonagricultural use for at least ten years.

(d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs
(b) and (e), the local government unit may require a deed restriction that prohibits
nonagricultural use for at least ten years unless the drained wetland is replaced as provided
under this section. The local government unit may require the deed restriction if it
determines the wetland area drained is at risk of conversion to a nonagricultural use within
ten years based on the zoning classification, proximity to a municipality or full service
road, or other criteria as determined by the local government unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill stormwater management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland
.

(e) (f) Except as provided in paragraph (f) (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.

(f) (g) For a wetland or public waters wetland located on agricultural land or in a
greater than 80 percent area, replacement must be in the ratio of one acre of replaced
wetland for each acre of drained or filled wetland.

(g) (h) Wetlands that are restored or created as a result of an approved replacement
plan are subject to the provisions of this section for any subsequent drainage or filling.

(h) (i) Except in a greater than 80 percent area, only wetlands that have been
restored from previously drained or filled wetlands, wetlands created by excavation in
nonwetlands, wetlands created by dikes or dams along public or private drainage ditches,
or wetlands created by dikes or dams associated with the restoration of previously drained
or filled wetlands may be used in a statewide banking program established in rules adopted
under section 103G.2242, subdivision 1. Modification or conversion of nondegraded
naturally occurring wetlands from one type to another are not eligible for enrollment in a
statewide wetlands bank.

(i) (j) The Technical Evaluation Panel established under section 103G.2242,
subdivision 2
, shall ensure that sufficient time has occurred for the wetland to develop
wetland characteristics of soils, vegetation, and hydrology before recommending that the
wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has
reason to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.

(j) (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and
103G.2365 apply to the state and its departments and agencies.

(k) (l) For projects involving draining or filling of wetlands associated with a new
public transportation project, and for projects expanded solely for additional traffic
capacity, public transportation authorities may purchase credits from the board at the cost
to the board to establish credits. Proceeds from the sale of credits provided under this
paragraph are appropriated to the board for the purposes of this paragraph.

(l) (m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on-site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section 103G.2242,
subdivision 9
. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.

(m) (n) If a landowner seeks approval of a replacement plan after the proposed
project has already affected the wetland, the local government unit may require the
landowner to replace the affected wetland at a ratio not to exceed twice the replacement
ratio otherwise required.

(n) (o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.

(o) (p) One hundred citizens who reside within the jurisdiction of the local
government unit may request the local government unit to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. In support of their
petition, the citizens shall provide satisfactory documentation to the local government unit.
The local government unit shall consider the petition and forward the request to the board
under paragraph (n) (o) or provide a reason why the petition is denied.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 121.

Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to
read:


Subd. 3.

Wetland replacement siting.

(a) Siting wetland replacement must follow
this priority order:

(1) on site or in the same minor watershed as the affected wetland;

(2) in the same watershed as the affected wetland;

(3) in the same county as the affected wetland;

(4) for replacement by wetland banking, in the same wetland bank service area as
the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
less than 50 percent area;

(5) for project specific replacement, in an adjacent watershed or county to the
affected wetland, or for replacement by wetland banking, in an adjacent wetland bank
service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to
80 percent area and impacts in a less than 50 percent area must be replaced in a less
than 50 percent area
; and

(5) (6) statewide, only for wetlands affected in greater than 80 percent areas and for
public transportation projects, except that wetlands affected in less than 50 percent areas
must be replaced in less than 50 percent areas, and wetlands affected in the seven-county
metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or,
(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds
that are wholly or partially within the seven-county metropolitan area, but at least one to
one must be replaced within the seven-county metropolitan area.

(b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
percent areas may follow the priority order under this paragraph: (1) by wetland banking
after evaluating on-site replacement and replacement within the watershed; (2) replaced
in an adjacent wetland bank service area if wetland bank credits are not reasonably
available in the same wetland bank service area as the affected wetland, as determined by
a comprehensive inventory approved by the board; and (3) statewide.

(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
metropolitan area must follow the priority order under this paragraph: (1) in the affected
county; (2) in another of the seven metropolitan counties; or (3) in one of the major
watersheds that are wholly or partially within the seven-county metropolitan area, but at
least one to one must be replaced within the seven-county metropolitan area.

(d) The exception in paragraph (a), clause (5) (6), does not apply to replacement
completed using wetland banking credits established by a person who submitted a
complete wetland banking application to a local government unit by April 1, 1996.

(c) (e) When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant
may seek opportunities at the next level.

(d) (f) For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and
require minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue
in perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost,
existing technology, and logistics consistent with overall project purposes.

(e) (g) Regulatory agencies, local government units, and other entities involved in
wetland restoration shall collaborate to identify potential replacement opportunities within
their jurisdictional areas.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 122.

Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to
read:


Subdivision 1.

Agricultural activities.

(a) A replacement plan for wetlands is
not required for:

(1) activities in a wetland that was planted with annually seeded crops, was in a crop
rotation seeding of pasture grass or legumes, or was required to be set aside to receive
price support or other payments under United States Code, title 7, sections 1421 to 1469,
in six of the last ten years prior to January 1, 1991;

(2) activities in a wetland that is or has been enrolled in the federal conservation
reserve program under United States Code, title 16, section 3831, that:

(i) was planted with annually seeded crops, was in a crop rotation seeding, or was
required to be set aside to receive price support or payment under United States Code,
title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the
program; and

(ii) has not been restored with assistance from a public or private wetland restoration
program;

(3) activities in a wetland that has received a commenced drainage determination
provided for by the federal Food Security Act of 1985, that was made to the county
Agricultural Stabilization and Conservation Service office prior to September 19, 1988,
and a ruling and any subsequent appeals or reviews have determined that drainage of the
wetland had been commenced prior to December 23, 1985;

(4) (2) activities in a type 1 wetland on agricultural pasture land that remains in the
same use
, except for bottomland hardwood type 1 wetlands, and activities in a type 2
or type 6 wetland that is less than two acres in size and located on agricultural pasture
land that remains in the same use;

(3) activities in a wetland conducted as part of normal farming practices. For
purposes of this clause, "normal farming practices" means farming, silvicultural, grazing,
and ranching activities such as plowing, seeding, cultivating, and harvesting for the
production of feed, food, and fiber products, but does not include activities that result in
the draining of wetlands;

(4) soil and water conservation practices approved by the soil and water conservation
district, after review by the Technical Evaluation Panel;

(5) aquaculture activities including pond excavation and construction and
maintenance of associated access roads and dikes authorized under, and conducted in
accordance with, a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344,
but not including construction or expansion of buildings;

(6) wild rice production activities, including necessary diking and other activities
authorized under a permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; or

(7) normal agricultural practices to control noxious or secondary weeds as defined
by rule of the commissioner of agriculture, in accordance with applicable requirements
under state and federal law, including established best management practices; and

(8) (7) agricultural activities in a wetland that is on agricultural land:

(i) annually enrolled in the federal Agriculture Improvement and Reform Act of
1996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on
January 1, 2000; or

(ii) that is subject to subsequent federal farm program restrictions that meet
minimum state standards under this chapter and sections 103A.202 and 103B.3355 and
that have been approved by the Board of Water and Soil Resources, the commissioners of
natural resources and agriculture, and the Pollution Control Agency.

(b) Land enrolled in a federal farm program under paragraph (a), clause (8), is
eligible for easement participation for those acres not already compensated under a federal
program.

(c) The exemption under paragraph (a), clause (4), may be expanded to additional
acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when
the additional acreage is part of a conservation plan approved by the local soil and water
conservation district, the additional draining or filling is necessary for efficient operation
of the farm, the hydrology of the larger wetland system is not adversely affected, and
wetlands other than types 1, 2, and 6 are not drained or filled.

Sec. 123.

Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to
read:


Subd. 2.

Drainage.

(a) For the purposes of this subdivision, "public drainage
system" means a drainage system as defined in section 103E.005, subdivision 12, and any
ditch or tile lawfully connected to the drainage system.

(b) A replacement plan is not required for draining of type 1 wetlands, or up to five
acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed
drainage benefits for a public drainage system, provided that:

(1) during the 20-year period that ended January 1, 1992:

(i) there was an expenditure made from the drainage system account for the public
drainage system;

(ii) the public drainage system was repaired or maintained as approved by the
drainage authority; or

(iii) no repair or maintenance of the public drainage system was required under
section 103E.705, subdivision 1, as determined by the public drainage authority; and

(2) the wetlands are not drained for conversion to:

(i) platted lots;

(ii) planned unit, commercial, or industrial developments; or

(iii) any development with more than one residential unit per 40 acres, except for
parcels subject to local zoning standards that allow for family members to establish an
additional residence on the same 40 acres
.

If wetlands drained under this paragraph are converted to uses prohibited under clause
(2) during the ten-year period following drainage, the wetlands must be replaced under
section 103G.222.

(c) A replacement plan is not required for draining or filling of wetlands, except for
draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years,
resulting from maintenance and repair of existing public drainage systems.

(d) A replacement plan is not required for draining or filling of wetlands, except
for draining wetlands that have been in existence for more than 25 years, resulting from
maintenance and repair of existing drainage systems other than public drainage systems.

(e) A replacement plan is not required for draining or filling of wetlands resulting
from activities conducted as part of a public drainage system improvement project that
received final approval from the drainage authority before July 1, 1991, and after July 1,
1986, if:

(1) the approval remains valid;

(2) the project remains active; and

(3) no additional drainage will occur beyond that originally approved.

(e) A replacement plan is not required for draining agricultural land that: (1) was
planted with annually seeded crops before July 5, except for crops that are normally
planted after that date, in eight out of the ten most recent years prior to the impact; (2) was
in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a
crop production purpose, in eight out of the ten most recent years prior to the impact; or
(3) was enrolled in a state or federal land conservation program and met the requirements
of clause (1) or (2) before enrollment.

(f) The public drainage authority may, as part of the repair, install control structures,
realign the ditch, construct dikes along the ditch, or make other modifications as necessary
to prevent drainage of the wetland.

(g) Wetlands of all types that would be drained as a part of a public drainage repair
project are eligible for the permanent wetlands preserve under section 103F.516. The
board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have
been in existence for more than 25 years on public drainage systems and other wetlands
that have the greatest risk of drainage from a public drainage repair project.

Sec. 124.

Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to
read:


Subd. 3.

Federal approvals.

A replacement plan for wetlands is not required for:

(1) activities exempted from federal regulation under United States Code, title 33,
section 1344(f), as in effect on January 1, 1991;

(2) activities authorized under, and conducted in accordance with, an applicable
general permit issued by the United States Army Corps of Engineers under section 404
of the federal Clean Water Act, United States Code, title 33, section 1344, except the
nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a),
clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on
January 1, 1991; or

(3) activities authorized under the federal Clean Water Act, section 404, or the
Rivers and Harbors Act, section 10, regulations that meet minimum state standards
under this chapter and sections 103A.202 and 103B.3355 and that have been approved
by the Board of Water and Soil Resources, the commissioners of natural resources and
agriculture, and the Pollution Control Agency.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 125.

Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to
read:


Subd. 6.

Utilities; public works.

(a) A replacement plan for wetlands is not
required for:

(1) placement, maintenance, repair, enhancement, or replacement of utility or
utility-type service if:

(i) the impacts of the proposed project on the hydrologic and biological
characteristics of the wetland have been avoided and minimized to the extent possible; and

(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;

(2) activities associated with routine maintenance of utility and pipeline
rights-of-way, provided the activities do not result in additional intrusion into the wetland;

(3) alteration of a wetland associated with the operation, maintenance, or repair of
an interstate pipeline within all existing or acquired interstate pipeline rights-of-way;

(4) emergency repair and normal maintenance and repair of existing public works,
provided the activity does not result in additional intrusion of the public works into the
wetland and does not result in the draining or filling, wholly or partially, of a wetland;

(5) normal maintenance and minor repair of structures causing no additional
intrusion of an existing structure into the wetland, and maintenance and repair of private
crossings that do not result in the draining or filling, wholly or partially, of a wetland; or

(6) repair and updating of existing individual sewage treatment systems as necessary
to comply with local, state, and federal regulations.

(1) new placement or maintenance, repair, enhancement, or replacement of existing
utility or utility-type service, including pipelines, if:

(i) the direct and indirect impacts of the proposed project have been avoided and
minimized to the extent possible; and

(ii) the proposed project significantly modifies or alters less than one-half acre of
wetlands;

(2) activities associated with operation, routine maintenance, or emergency repair of
existing utilities and public work structures, including pipelines, provided the activities
do not result in additional wetland intrusion or additional draining or filling of a wetland
either wholly or partially; or

(3) repair and updating of existing individual sewage treatment systems necessary to
comply with local, state, and federal regulations.

(b) For maintenance, repair, and replacement, the local government unit may issue
a seasonal or annual exemption certification or the utility may proceed without local
government unit certification if the utility is carrying out the work according to approved
best management practices. Work of an emergency nature may proceed as necessary
and any drain or fill activities shall be addressed with the local government unit after
the emergency work has been completed.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 126.

Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to
read:


Subd. 9.

De minimis.

(a) Except as provided in paragraphs (b) and (c), a
replacement plan for wetlands is not required for draining or filling the following amounts
of wetlands as part of a project:

(1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a greater than
80 percent area;

(2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
area, except within the 11-county metropolitan area;

(3) 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area, except within the 11-county metropolitan
area
;

(4) 400 100 square feet of wetland types not listed in clauses (1) to (3) outside of
the building setback zone of the shoreland wetland protection zones in all counties; or

(5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland types listed in clauses (1)
to (3)
, in beyond the building setback zone, as defined in the local shoreland management
ordinance, but within the
shoreland wetland protection zone, except that . In a greater
than 80 percent area, the local government unit may increase the de minimis amount
up to 1,000 square feet in the shoreland protection zone in areas beyond the building
setback
if the wetland is isolated and is determined to have no direct surficial connection
to the public water. To the extent that a local shoreland management ordinance is more
restrictive than this provision, the local shoreland ordinance applies. ;

(6) up to 20 square feet of wetland, regardless of type or location;

(7) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent
area within the 11-county metropolitan area; or

(8) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area within the 11-county metropolitan area.

For purposes of this paragraph, the 11-county metropolitan area consists of the
counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright.

(b) The amounts listed in paragraph (a), clauses (1) to (5) (8), may not be combined
on a project.

(c) This exemption no longer applies to a landowner's portion of a wetland when
the cumulative area drained or filled of the landowner's portion since January 1, 1992, is
the greatest of:

(1) the applicable area listed in paragraph (a), if the landowner owns the entire
wetland;

(2) five percent of the landowner's portion of the wetland; or

(3) 400 square feet.

(d) This exemption may not be combined with another exemption in this section on
a project.

(e) Property may not be divided to increase the amounts listed in paragraph (a).

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 127.

Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to
read:


Subd. 11.

Exemption conditions.

(a) A person conducting an activity in a wetland
under an exemption in subdivisions 1 to 10 shall ensure that:

(1) appropriate erosion control measures are taken to prevent sedimentation of
the water;

(2) the activity does not block fish passage in a watercourse; and

(3) the activity is conducted in compliance with all other applicable federal,
state, and local requirements, including best management practices and water resource
protection requirements established under chapter 103H.

(b) An activity is exempt if it qualifies for any one of the exemptions, even though it
may be indicated as not exempt under another exemption.

(c) Persons proposing to conduct an exempt activity are encouraged to contact the
local government unit or the local government unit's designee for advice on minimizing
wetland impacts.

(d) The board shall develop rules that address the application and implementation
of exemptions and that provide for estimates and reporting of exempt wetland impacts,
including those in section 103G.2241, subdivisions 2, 6, and 9.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 128.

Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to
read:


Subd. 2.

Evaluation.

(a) Questions concerning the public value, location, size,
or type of a wetland shall be submitted to and determined by a Technical Evaluation
Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of
a technical professional employee of the board, a technical professional employee of
the local soil and water conservation district or districts, a technical professional with
expertise in water resources management appointed by the local government unit, and
a technical professional employee of the Department of Natural Resources for projects
affecting public waters or wetlands adjacent to public waters. The panel shall use the
"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
including updates, supplementary guidance, and replacements, if any, "Wetlands of
the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition),
and "Classification of Wetlands and Deepwater Habitats of the United States" (1979
edition). The panel shall provide the wetland determination and recommendations on
other technical matters to the local government unit that must approve a replacement
plan, wetland banking plan, exemption determination, no-loss determination, or wetland
boundary or type determination and may recommend approval or denial of the plan. The
authority must consider and include the decision of the Technical Evaluation Panel in their
approval or denial of a plan or determination.

(b) Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. By January 15, 2001,
the board, in consultation with the Minnesota Association of Professional Soil Scientists,
the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan
for a professional wetland delineator certification program to the legislature.
The board
may develop a professional wetland delineator certification program.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 129.

Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to
read:


Subd. 2a.

Wetland boundary or type determination.

(a) A landowner may apply
for a wetland boundary or type determination from the local government unit. The
landowner applying for the determination is responsible for submitting proof necessary
to make the determination, including, but not limited to, wetland delineation field data,
observation well data, topographic mapping, survey mapping, and information regarding
soils, vegetation, hydrology, and groundwater both within and outside of the proposed
wetland boundary.

(b) A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if
necessary, expand the Technical Evaluation Panel. The local government unit may delegate
the decision authority for wetland boundary or type determinations with the zoning
administrator
to designated staff, or establish other procedures it considers appropriate.

(c) The local government unit decision must be made in compliance with section
15.99. Within ten calendar days of the decision, the local government unit decision must
be mailed to the landowner, members of the Technical Evaluation Panel, the watershed
district or watershed management organization, if one exists, and individual members of
the public who request a copy.

(d) Appeals of decisions made by designated local government staff must be made
to the local government unit. Notwithstanding any law to the contrary, a ruling on an
appeal must be made by the local government unit within 30 days from the date of the
filing of the appeal.

(e) The local government unit decision is valid for three years unless the Technical
Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation,
or soils of the area have been sufficient to alter the wetland boundary or type.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 130.

Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to
read:


Subd. 9.

Appeal.

(a) Appeal of a replacement plan, exemption, wetland banking,
wetland boundary or type determination, or no-loss decision, or restoration order may
be obtained by mailing a petition and payment of a filing fee of $200, which shall be
retained by the board to defray administrative costs, to the board within 30 days after the
postmarked date of the mailing specified in subdivision 7. If appeal is not sought within
30 days, the decision becomes final. The local government unit may require the petitioner
to post a letter of credit, cashier's check, or cash in an amount not to exceed $500.
If the
petition for hearing is accepted, the amount posted must be returned to the petitioner.
Appeal may be made by:

(1) the wetland owner;

(2) any of those to whom notice is required to be mailed under subdivision 7; or

(3) 100 residents of the county in which a majority of the wetland is located.

(b) Within 30 days after receiving a petition, the board shall decide whether to
grant the petition and hear the appeal. The board shall grant the petition unless the board
finds that:

(1) the appeal is meritless, trivial, or brought solely for the purposes of delay;

(2) the petitioner has not exhausted all local administrative remedies;

(3) expanded technical review is needed;

(4) the local government unit's record is not adequate; or

(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
by the local government unit.

(c) In determining whether to grant the appeal, the board shall also consider the
size of the wetland, other factors in controversy, any patterns of similar acts by the local
government unit or petitioner, and the consequences of the delay resulting from the appeal.

(d) All appeals must be heard by the committee for dispute resolution of the board,
and a decision made within 60 days of filing the local government unit's record and the
written briefs submitted for the appeal. The decision must be served by mail on the parties
to the appeal, and is not subject to the provisions of chapter 14. A decision whether to
grant a petition for appeal and a decision on the merits of an appeal must be considered the
decision of an agency in a contested case for purposes of judicial review under sections
14.63 to 14.69.

(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this subdivision. Fees
established under this authority shall not exceed $1,000. Establishment of the fee is not
subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 131.

Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to
read:


Subd. 12.

Replacement credits.

(a) No public or private wetland restoration,
enhancement, or construction may be allowed for replacement unless specifically
designated for replacement and paid for by the individual or organization performing the
wetland restoration, enhancement, or construction, and is completed prior to any draining
or filling of the wetland.

(b) Paragraph (a) does not apply to a wetland whose owner has paid back with
interest the individual or organization restoring, enhancing, or constructing the wetland.

(c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) (i), the
following actions, and others established in rule, that are consistent with criteria in rules
adopted by the board in conjunction with the commissioners of natural resources and
agriculture, are eligible for replacement credit as determined by the local government unit,
including enrollment in a statewide wetlands bank:

(1) reestablishment of permanent native, noninvasive vegetative cover on a wetland
on agricultural land that was planted with annually seeded crops, was in a crop rotation
seeding of pasture grasses or legumes, or was in a land retirement program during the
past ten years;

(2) buffer areas of permanent native, noninvasive vegetative cover established or
preserved on upland adjacent to replacement wetlands;

(3) wetlands restored for conservation purposes under terminated easements or
contracts; and

(4) water quality treatment ponds constructed to pretreat storm water runoff prior
to discharge to wetlands, public waters, or other water bodies, provided that the water
quality treatment ponds must be associated with an ongoing or proposed project that
will impact a wetland and replacement credit for the treatment ponds is based on the
replacement of wetland functions and on an approved stormwater management plan for
the local government.

(d) Notwithstanding section 103G.222, subdivision 1, paragraphs (e) (f) and (f) (g),
the board may establish by rule different replacement ratios for restoration projects with
exceptional natural resource value.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 132.

Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to
read:


Subd. 15.

Fees paid to board.

All fees established in subdivision subdivisions 9
and
14 must be paid to the Board of Water and Soil Resources and credited to the general
fund
to be used for the purpose of administration of the wetland bank and to process
appeals under section 103G.2242, subdivision 9
.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 133.

Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to
read:


Subd. 2.

Plan contents.

A comprehensive wetland protection and management
plan may:

(1) provide for classification of wetlands in the plan area based on:

(i) an inventory of wetlands in the plan area;

(ii) an assessment of the wetland functions listed in section 103B.3355, using a
methodology chosen by the Technical Evaluation Panel from one of the methodologies
established or approved by the board under that section; and

(iii) the resulting public values;

(2) vary application of the sequencing standards in section 103G.222, subdivision 1,
paragraph (b), for projects based on the classification and criteria set forth in the plan;

(3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs
(e) (f) and (f) (g), based on the classification and criteria set forth in the plan, for specific
wetland impacts provided there is no net loss of public values within the area subject to
the plan, and so long as:

(i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced
wetland for each acre of drained or filled wetland requiring replacement is met within
the area subject to the plan; and

(ii) in a less than 50 percent area, a minimum acreage requirement of two acres of
replaced wetland for each acre of drained or filled wetland requiring replacement is met
within the area subject to the plan, except that replacement for the amount above a 1:1
ratio can be accomplished as described in section 103G.2242, subdivision 12; and

(4) in a greater than 80 percent area, allow replacement credit, based on the
classification and criteria set forth in the plan, for any project that increases the public
value of wetlands, including activities on adjacent upland acres; and .

(5) in a greater than 80 percent area, based on the classification and criteria set forth
in the plan, expand the application of the exemptions in section 103G.2241, subdivision
1
, paragraph (a), clause (4), to also include nonagricultural land, provided there is no
net loss of wetland values.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 134.

Minnesota Statutes 2006, section 103G.235, is amended to read:


103G.235 RESTRICTIONS ON ACCESS TO PUBLIC WATERS WETLANDS.

Subdivision 1.

Wetlands adjacent to roads.

To protect the public health or safety,
local units of government may by ordinance restrict public access to public waters
wetlands from municipality, county, or township roads that abut public waters wetlands.

Subd. 2.

Privately restored or created wetlands.

When a landowner creates a new
wetland or restores a formerly existing wetland on private land that is adjacent to public
land or a public road right-of-way, there is no public access to the created or restored
wetland if posted by the landowner.

Sec. 135.

Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to
read:


Subd. 2.

Permit application fees.

(a) A permit application fee to defray the costs of
receiving, recording, and processing the application must be paid for a permit authorized
under this chapter and for each request to amend or transfer an existing permit.

(b) The fee for a project appropriating water in excess of 100 million gallons per
year must be assessed to recover the reasonable costs of preparing and processing the
permit, including costs for environmental review. Fees collected under this paragraph
must be credited to an account in the natural resources fund and are appropriated to the
commissioner for fiscal years 2008 and 2009.

(b) (c) The fee to apply for a permit to appropriate water, other than a permit subject
to the fee under paragraph (b);
a permit to construct or repair a dam that is subject to dam
safety inspection, ; or a state general permit or to apply for the state water bank program is
$150. The application fee for a permit to work in public waters or to divert waters for
mining must be at least $150, but not more than $1,000, according to a schedule of fees
adopted under section 16A.1285.

Sec. 136.

Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to sections
115.55 to 115.56.

(b) "Advisory committee" means the Advisory Committee on Individual Sewage
Treatment Systems established under the individual sewage treatment system rules. The
advisory committee must be appointed to ensure geographic representation of the state
and include elected public officials.

(c) "Applicable requirements" means:

(1) local ordinances that comply with the individual sewage treatment system rules,
as required in subdivision 2; or

(2) in areas not subject to the ordinances described in clause (1), the individual
sewage treatment system rules.

(d) "City" means a statutory or home rule charter city.

(e) "Commissioner" means the commissioner of the Pollution Control Agency.

(f) "Dwelling" means a building or place used or intended to be used by human
occupants as a single-family or two-family unit.

(g) "Individual sewage treatment system" or "system" means a sewage treatment
system, or part thereof, serving a dwelling, other establishment, or group thereof, that
uses subsurface soil treatment and disposal, or a holding tank, serving a dwelling, other
establishment, or a group thereof
.

(h) "Individual sewage treatment system professional" means an inspector, installer,
site evaluator or designer, or pumper.

(i) "Individual sewage treatment system rules" means rules adopted by the agency
that establish minimum standards and criteria for the design, location, installation, use,
and maintenance of individual sewage treatment systems.

(j) "Inspector" means a person who inspects individual sewage treatment systems for
compliance with the applicable requirements.

(k) "Installer" means a person who constructs or repairs individual sewage treatment
systems.

(l) "Local unit of government" means a township, city, or county.

(m) "Performance-based system" means a system that is designed specifically for a
site and the environmental conditions on that site and designed to adequately protect the
public health and the environment and provide long-term performance. At a minimum, a
performance based system must ensure that applicable water quality standards are met in
both ground and surface water that ultimately receive the treated wastewater.

(n) "Pumper" means a person who maintains components of individual sewage
treatment systems including, but not limited to, septic, aerobic, and holding tanks.

(n) (o) "Seasonal dwelling" means a dwelling that is occupied or used for less than
180 days per year and less than 120 consecutive days.

(o) (p) "Septic system tank" means any covered receptacle designed, constructed,
and installed as part of an individual sewage treatment system.

(p) (q) "Site evaluator or designer" means a person who:

(1) investigates soils and site characteristics to determine suitability, limitations, and
sizing requirements; and

(2) designs individual sewage treatment systems.

(q) (r) "Straight-pipe system" means a sewage disposal system that includes toilet
waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage
system, or ground surface.

Sec. 137.

Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read:


Subd. 2.

Local ordinances.

(a) All counties that did not adopt ordinances by
May 7, 1994, or that do not have ordinances,
must adopt ordinances that comply with
revisions to the individual sewage treatment system rules by January 1, 1999, unless all
towns and cities in the county have adopted such ordinances
within two years of the final
adoption by the agency
. County ordinances must apply to all areas of the county other
than cities or towns that have adopted ordinances that comply with this section and are
as strict as the applicable county ordinances. Any ordinance adopted by a local unit of
government before May 7, 1994, to regulate individual sewage treatment systems must be
in compliance with the individual sewage treatment system rules by January 1, 1998.

(b) A copy of each ordinance adopted under this subdivision must be submitted to
the commissioner upon adoption.

(c) A local unit of government must make available to the public upon request a
written list of any differences between its ordinances and rules adopted under this section.

Sec. 138.

Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read:


Subd. 3.

Rules.

(a) The agency shall adopt rules containing minimum standards and
criteria for the design, location, installation, use, and maintenance of individual sewage
treatment systems. The rules must include:

(1) how the agency will ensure compliance under subdivision 2;

(2) how local units of government shall enforce ordinances under subdivision 2,
including requirements for permits and inspection programs;

(3) how the advisory committee will participate in review and implementation of
the rules;

(4) provisions for alternative nonstandard systems and performance-based systems;

(5) provisions for handling and disposal of effluent;

(6) provisions for system abandonment; and

(7) procedures for variances, including the consideration of variances based on cost
and variances that take into account proximity of a system to other systems.

(b) The agency shall consult with the advisory committee before adopting rules
under this subdivision.

(c) Notwithstanding the repeal of the agency rule under which the commissioner
has established a list of warrantied individual sewage treatment systems, the warranties
for all systems so listed as of the effective date of the repeal shall continue to be valid
for the remainder of the warranty period.

(d) The rules required in paragraph (a) must also address the following:

(1) a definition of redoximorphic features and other criteria that can be used by
system designers and inspectors;

(2) direction on the interpretation of observed soil features that may be
redoximorphic and their relation to zones of seasonal saturation; and

(3) procedures on how to resolve professional disagreements on seasonally saturated
soils.

These rules must be in place by March 31, 2006.

Sec. 139.

Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision
to read:


Subd. 12.

Advisory committee; county individual sewage treatment system
management plan.

(a) A county may adopt an individual sewage treatment system
management plan that describes how the county plans on carrying out individual sewage
treatment system needs. The commissioner of the Pollution Control Agency shall form an
advisory committee to determine what the plans should address. The advisory committee
shall be made up of representatives of the Association of Minnesota Counties, Pollution
Control Agency, Board of Water and Soil Resources, Department of Health, and other
public agencies or local units of government that have an interest in individual sewage
treatment systems.

(b) The advisory committee shall advise the agency on the standards, management,
monitoring, and reporting requirements for performance-based systems.

Sec. 140.

Minnesota Statutes 2006, section 116C.92, is amended to read:


116C.92 COORDINATION OF ACTIVITIES.

Subdivision 1.

State coordinating organization.

The Environmental Quality Board
is designated the state coordinating organization for state and federal regulatory activities
relating to genetically engineered organisms.

Subd. 2.

Notice of nationwide action.

The board shall notify interested parties if a
permit to release genetically engineered wild rice is issued anywhere in the United States.
For purposes of this subdivision, "interested parties" means:

(1) the state's wild rice industry;

(2) the legislature;

(3) federally recognized tribes within Minnesota; and

(4) individuals who request to be notified.

Sec. 141.

Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read:


Subdivision 1.

General authority.

(a) Except as provided in paragraph (b), the
board shall adopt rules consistent with sections 116C.91 to 116C.96 that require an
environmental assessment worksheet and otherwise comply with chapter 116D and rules
adopted under it for a proposed release and a permit for a release. The board may place
conditions on a permit and may deny, modify, suspend, or revoke a permit.

(b) The board shall adopt rules that require an environmental impact statement and
otherwise comply with chapter 116D and rules adopted under it for a proposed release and
a permit for a release of genetically engineered wild rice. The board may place conditions
on the permit and may deny, modify, suspend, or revoke the permit.

Sec. 142.

Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read:


Subd. 2.

Federal oversight.

(a) If the board determines, upon its own volition or at
the request of any person, that a federal program exists for regulating the release of certain
genetically engineered organisms and the federal oversight under the program is adequate
to protect human health or the environment, then any person may release such genetically
engineered organisms after obtaining the necessary federal approval and without obtaining
a state release permit or a significant environmental permit or complying with the other
requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant
to section 116C.94.

(b) If the board determines the federal program is adequate to meet only certain
requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant
to section 116C.94, the board may exempt such releases from those requirements.

(c) A person proposing a release for which a federal authorization is required may
apply to the board for an exemption from the board's permit or to a state agency with a
significant environmental permit for the proposed release for an exemption from the
agency's permit. The proposer must file with the board or state agency a written request
for exemption with a copy of the federal application and the information necessary to
determine if there is a potential for significant environmental effects under chapter 116D
and rules adopted under it. The board or state agency shall give public notice of the request
in the first available issue of the EQB Monitor and shall provide an opportunity for public
comment on the environmental review process consistent with chapter 116D and rules
adopted under it. The board or state agency may grant the exemption if the board or state
agency finds that the federal authorization issued is adequate to meet the requirements of
chapter 116D and rules adopted under it and any other requirement of the board's or state
agency's authority regarding the release of genetically engineered organisms. The board
or state agency must grant or deny the exemption within 45 days after the receipt of the
written request and the information required by the board or state agency.

(d) This subdivision does not apply to genetically engineered organisms for which
an environmental impact statement is required under sections 116C.91 to 116C.96.

Sec. 143.

[144.995] DEFINITIONS; ENVIRONMENTAL HEALTH TRACKING
AND BIOMONITORING.

(a) For purposes of sections 144.995 to 144.998, the terms in this section have
the meanings given.

(b) "Advisory panel" means the Environmental Health Tracking and Biomonitoring
Advisory Panel established under section 144.998.

(c) "Biomonitoring" means the process by which chemicals and their metabolites are
identified and measured within a biospecimen.

(d) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably
available as a medium to measure the presence and concentration of chemicals or their
metabolites in a human body.

(e) "Commissioner" means the commissioner of the Department of Health.

(f) "Community" means geographically or nongeographically based populations that
may participate in the biomonitoring program. A "nongeographical community" includes,
but is not limited to, populations that may share a common chemical exposure through
similar occupations, populations experiencing a common health outcome that may be
linked to chemical exposures, populations that may experience similar chemical exposures
because of comparable consumption, lifestyle, product use, and subpopulations that share
ethnicity, age, or gender.

(g) "Department" means the Department of Health.

(h) "Designated chemicals" means those chemicals that are known to, or strongly
suspected of, adversely impacting human health or development, based upon scientific,
peer-reviewed animal, human, or in vitro studies, and baseline human exposure data,
and consists of chemical families or metabolites that are included in the federal Centers
for Disease Control and Prevention studies that are known collectively as the National
Reports on Human Exposure to Environmental Chemicals Program and any substances
specified by the commissioner after receiving recommendations under section 144.998,
subdivision 3, clause (6).

(i) "Environmental hazard" means a chemical or other substance for which scientific,
peer-reviewed studies of humans, animals, or cells have demonstrated that the chemical is
known or reasonably anticipated to adversely impact human health.

(j) "Environmental health tracking" means collection, integration, analysis, and
dissemination of data on human exposures to chemicals in the environment and on
diseases potentially caused or aggravated by those chemicals.

Sec. 144.

[144.996] ENVIRONMENTAL HEALTH TRACKING;
BIOMONITORING.

Subdivision 1.

Environmental health tracking.

In cooperation with the
commissioner of the Pollution Control Agency, the commissioner shall establish an
environmental health tracking program to:

(1) coordinate data collection with the Pollution Control Agency, Department of
Agriculture, University of Minnesota, and any other relevant state agency and work to
promote the sharing of and access to health and environmental databases to develop an
environmental health tracking system for Minnesota, consistent with applicable data
practices laws;

(2) facilitate the dissemination of aggregate public health tracking data to the public
and researchers in accessible format;

(3) develop a strategic plan that includes a mission statement, the identification
of core priorities for research and epidemiologic surveillance, and the identification of
internal and external stakeholders, and a work plan describing future program development
and addressing issues having to do with compatibility with the Centers for Disease Control
and Prevention's National Environmental Public Health Tracking Program;

(4) develop written data sharing agreements as needed with the Pollution Control
Agency, Department of Agriculture, and other relevant state agencies and organizations,
and develop additional procedures as needed to protect individual privacy;

(5) organize, analyze, and interpret available data, in order to:

(i) characterize statewide and localized trends and geographic patterns of
population-based measures of chronic diseases including, but not limited to, cancer,
respiratory diseases, reproductive problems, birth defects, neurologic diseases, and
developmental disorders;

(ii) characterize statewide and localized trends and geographic patterns in the
occurrence of environmental hazards and exposures;

(iii) assess the feasibility of integrating disease rate data with indicators of exposure
to the selected environmental hazards such as biomonitoring data, and other health and
environmental data;

(iv) incorporate newly collected and existing health tracking and biomonitoring
data into efforts to identify communities with elevated rates of chronic disease, higher
likelihood of exposure to environmental hazards, or both;

(v) analyze occurrence of environmental hazards, exposures, and diseases with
relation to socioeconomic status, race, and ethnicity;

(vi) develop and implement targeted plans to conduct more intensive health tracking
and biomonitoring among communities; and

(vii) work with the Pollution Control Agency, the Department of Agriculture, and
other relevant state agency personnel and organizations to develop, implement, and
evaluate preventive measures to reduce elevated rates of diseases and exposures identified
through activities performed under sections 144.995 to 144.998; and

(6) submit a biennial report to the chairs and ranking members of the committees
with jurisdiction over environment and health by January 15, beginning January 15, 2009,
on the status of environmental health tracking activities and related research programs,
with recommendations for a comprehensive environmental public health tracking program.

Subd. 2.

Biomonitoring.

The commissioner shall:

(1) conduct biomonitoring of communities on a voluntary basis by collecting and
analyzing biospecimens, as appropriate, to assess environmental exposures to designated
chemicals;

(2) conduct biomonitoring of pregnant women and minors on a voluntary basis,
when scientifically appropriate;

(3) communicate findings to the public, and plan ensuing stages of biomonitoring
and disease tracking work to further develop and refine the integrated analysis;

(4) share analytical results with the advisory panel and work with the panel
to interpret results, communicate findings to the public, and plan ensuing stages of
biomonitoring work; and

(5) submit a biennial report to the chairs and ranking members of the committees
with jurisdiction over environment and health by January 15, beginning January 15, 2009,
on the status of the biomonitoring program and any recommendations for improvement.

Subd. 3.

Health data.

Data collected under the biomonitoring program are health
data under section 13.3805.

Sec. 145.

[144.997] BIOMONITORING PILOT PROGRAM.

Subdivision 1.

Pilot program.

With advice from the advisory panel, and after the
program guidelines in subdivision 4 are developed, the commissioner shall implement a
biomonitoring pilot program. The program shall collect one biospecimen from each of
the voluntary participants. The biospecimen selected must be the biospecimen that most
accurately represents body concentration of the chemical of interest. Each biospecimen
from the voluntary participants must be analyzed for one type or class of related chemicals.
The commissioner shall determine the chemical or class of chemicals to which community
members were most likely exposed. The program shall collect and assess biospecimens in
accordance with the following:

(1) 30 voluntary participants from each of three communities that the commissioner
identifies as likely to have been exposed to a designated chemical;

(2) 100 voluntary participants from each of two communities:

(i) that the commissioner identifies as likely to have been exposed to arsenic; and

(ii) that the commissioner identifies as likely to have been exposed to mercury; and

(3) 100 voluntary participants from each of two communities that the commissioner
identifies as likely to have been exposed to perfluorinated chemicals, including
perfluorobutanoic acid.

Subd. 2.

Base program.

(a) By January 15, 2008, the commissioner shall submit a
report on the results of the biomonitoring pilot program to the chairs and ranking members
of the committees with jurisdiction over health and environment.

(b) Following the conclusion of the pilot program, the commissioner shall:

(1) work with the advisory panel to assess the usefulness of continuing biomonitoring
among members of communities assessed during the pilot program and to identify other
communities and other designated chemicals to be assessed via biomonitoring;

(2) work with the advisory panel to assess the pilot program, including but not
limited to the validity and accuracy of the analytical measurements and adequacy of the
guidelines and protocols;

(3) communicate the results of the pilot program to the public; and

(4) after consideration of the findings and recommendations in clauses (1) and (2),
and within the appropriations available, develop and implement a base program.

Subd. 3.

Participation.

(a) Participation in the biomonitoring program by providing
biospecimens is voluntary and requires written, informed consent. Minors may participate
in the program if a written consent is signed by the minor's parent or legal guardian.
The written consent must include the information required to be provided under this
subdivision to all voluntary participants.

(b) All participants shall be evaluated for the presence of the designated chemical
of interest as a component of the biomonitoring process. Participants shall be provided
with information and fact sheets about the program's activities and its findings.
Individual participants shall, if requested, receive their complete results. Any results
provided to participants shall be subject to the Department of Health Institutional
Review Board protocols and guidelines. When either physiological or chemical data
obtained from a participant indicate a significant known health risk, program staff
experienced in communicating biomonitoring results shall consult with the individual
and recommend follow-up steps, as appropriate. Program administrators shall receive
training in administering the program in an ethical, culturally sensitive, participatory,
and community-based manner.

Subd. 4.

Program guidelines.

(a) The commissioner, in consultation with the
advisory panel, shall develop:

(1) protocols or program guidelines that address the science and practice of
biomonitoring to be utilized and procedures for changing those protocols to incorporate
new and more accurate or efficient technologies as they become available. The
commissioner and the advisory panel shall be guided by protocols and guidelines
developed by the Centers for Disease Control and Prevention and the National
Biomonitoring Program;

(2) guidelines for ensuring the privacy of information; informed consent; follow-up
counseling and support; and communicating findings to participants, communities, and
the general public. The informed consent used for the program must meet the informed
consent protocols developed by the National Institutes of Health;

(3) educational and outreach materials that are culturally appropriate for
dissemination to program participants and communities. Priority shall be given to the
development of materials specifically designed to ensure that parents are informed about
all of the benefits of breastfeeding so that the program does not result in an unjustified fear
of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding.
The materials shall communicate relevant scientific findings; data on the accumulation
of pollutants to community health; and the required responses by local, state, and other
governmental entities in regulating toxicant exposures;

(4) a training program that is culturally sensitive specifically for health care
providers, health educators, and other program administrators;

(5) a designation process for state and private laboratories that are qualified to
analyze biospecimens and report the findings; and

(6) a method for informing affected communities and local governments representing
those communities concerning biomonitoring activities and for receiving comments from
citizens concerning those activities.

(b) The commissioner may enter into contractual agreements with health clinics,
community-based organizations, or experts in a particular field to perform any of the
activities described under this section.

Sec. 146.

[144.998] ENVIRONMENTAL HEALTH TRACKING AND
BIOMONITORING ADVISORY PANEL.

Subdivision 1.

Creation.

The commissioner shall establish the Environmental
Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint,
from the panel's membership, a chair. The panel shall meet as often as it deems necessary
but, at a minimum, on a quarterly basis. Members of the panel shall serve without
compensation but shall be reimbursed for travel and other necessary expenses incurred
through performance of their duties. Members appointed by the commissioner are
appointed for a three-year term and may be reappointed. Legislative appointees serve at
the pleasure of the appointing authority.

Subd. 2.

Members.

(a) The commissioner shall appoint eight members, none of
whom may be lobbyists registered under chapter 10A, who have backgrounds or training
in designing, implementing, and interpreting health tracking and biomonitoring studies or
in related fields of science, including epidemiology, biostatistics, environmental health,
laboratory sciences, occupational health, industrial hygiene, toxicology, and public health,
including:

(1) at least two scientists representative of each of the following:

(i) nongovernmental organizations with a focus on environmental health,
environmental justice, children's health, or on specific chronic diseases; and

(ii) statewide business organizations; and

(2) at least one scientist who is a representative of the University of Minnesota.

(b) Two citizen panel members meeting the scientific qualifications in paragraph (a)
shall be appointed, one by the speaker of the house and one by the senate majority leader.

(c) In addition, one representative each shall be appointed by the commissioners of
the Pollution Control Agency and the Department of Agriculture, and by the commissioner
of health to represent the department's Health Promotion and Chronic Disease Division.

Subd. 3.

Duties.

The advisory panel shall make recommendations to the
commissioner and the legislature on:

(1) priorities for health tracking;

(2) priorities for biomonitoring that are based on sound science and practice, and
that will advance the state of public health in Minnesota;

(3) specific chronic diseases to study under the environmental health tracking system;

(4) specific environmental hazard exposures to study under the environmental health
tracking system, with the agreement of at least nine of the advisory panel members;

(5) specific communities and geographic areas on which to focus environmental
health tracking and biomonitoring efforts;

(6) specific chemicals to study under the biomonitoring program, with the agreement
of at least nine of the advisory panel members; in making these recommendations, the
panel may consider the following criteria:

(i) the degree of potential exposure to the public or specific subgroups, including,
but not limited to, occupational;

(ii) the likelihood of a chemical being a carcinogen or toxicant based on
peer-reviewed health data, the chemical structure, or the toxicology of chemically related
compounds;

(iii) the limits of laboratory detection for the chemical, including the ability to detect
the chemical at low enough levels that could be expected in the general population;

(iv) exposure or potential exposure to the public or specific subgroups;

(v) the known or suspected health effects resulting from the same level of exposure
based on peer-reviewed scientific studies;

(vi) the need to assess the efficacy of public health actions to reduce exposure to a
chemical;

(vii) the availability of a biomonitoring analytical method with adequate accuracy,
precision, sensitivity, specificity, and speed;

(viii) the availability of adequate biospecimen samples; or

(ix) other criteria that the panel may agree to; and

(7) other aspects of the design, implementation, and evaluation of the environmental
health tracking and biomonitoring system, including, but not limited to:

(i) identifying possible community partners and sources of additional public or
private funding;

(ii) developing outreach and educational methods and materials; and

(iii) disseminating environmental health tracking and biomonitoring findings to
the public.

Subd. 4.

Liability.

No member of the panel shall be held civilly or criminally liable
for an act or omission by that person if the act or omission was in good faith and within
the scope of the member's responsibilities under sections 144.995 to 144.998.

Sec. 147.

Minnesota Statutes 2006, section 219.99, is amended to read:


219.99 RAILROAD PRAIRIE RIGHT-OF-WAY; BEST MANAGEMENT
PRACTICES.

The commissioner of natural resources shall conduct a field review of railroad
rights-of-way to identify native prairie. The priority will be to identify and conduct a field
review of any surveys which have been conducted previously, whether by public or private
persons, of native prairies within railroad rights-of-way in this state. In cooperation with
railroad companies, the commissioner shall identify management practices used to control
vegetation along railroad rights-of-way. The commissioner shall then assess the impact
of those management practices on the prairie lands within the railroad rights-of-way.
Based on that assessment, the commissioner and railroad companies shall jointly develop
voluntary best management practices for prairie lands within railroad rights-of-way. The
commissioner shall, to the extent feasible, work with private individuals and groups
to cause to be erected markers at either end of each native prairie within a railroad
right-of-way.

Sec. 148.

Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read:


Subdivision 1.

Timber sales; land leases and uses.

(a) The county auditor may
sell timber upon any tract that may be approved by the natural resources commissioner.
The sale of timber shall be made for cash at not less than the appraised value determined
by the county board to the highest bidder after not less than one week's published notice
in an official paper within the county. Any timber offered at the public sale and not sold
may thereafter be sold at private sale by the county auditor at not less than the appraised
value thereof, until the time as the county board may withdraw the timber from sale. The
appraised value of the timber and the forestry practices to be followed in the cutting of
said timber shall be approved by the commissioner of natural resources.

(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be
made in cash at the time of the timber sale, except in the case of oral or sealed bid auction
sales, the down payment shall be no less than 15 percent of the appraised value, and the
balance shall be paid prior to entry. In the case of auction sales that are partitioned and
sold as a single sale with predetermined cutting blocks, the down payment shall be no less
than 15 percent of the appraised price of the entire timber sale which may be held until the
satisfactory completion of the sale or applied in whole or in part to the final cutting block.
The value of each separate block must be paid in full before any cutting may begin in that
block. With the permission of the county contract administrator the purchaser may enter
unpaid blocks and cut necessary timber incidental to developing logging roads as may
be needed to log other blocks provided that no timber may be removed from an unpaid
block until separately scaled and paid for. If payment is provided as specified in this
paragraph as security under paragraph (a) and no cutting has taken place on the contract,
the county auditor may credit the security provided, less any down payment required for
an auction sale under this paragraph, to any other contract issued to the contract holder
by the county under this chapter to which the contract holder requests in writing that it
be credited, provided the request and transfer is made within the same calendar year as
the security was received.

(c) The county board may require final settlement on the basis of a scale of cut
products
sell any timber, including biomass, as appraised or scaled. Any parcels of land
from which timber is to be sold by scale of cut products shall be so designated in the
published notice of sale under paragraph (a), in which case the notice shall contain a
description of the parcels, a statement of the estimated quantity of each species of timber,
and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as
the case may be. In those cases any bids offered over and above the appraised prices shall
be by percentage, the percent bid to be added to the appraised price of each of the different
species of timber advertised on the land. The purchaser of timber from the parcels shall
pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of
sale as estimated to be standing on the land, and in addition shall pay at the same rate for
any additional amounts which the final scale shows to have been cut or was available for
cutting on the land at the time of sale under the terms of the sale. Where the final scale
of cut products shows that less timber was cut or was available for cutting under terms
of the sale than was originally paid for, the excess payment shall be refunded from the
forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the
county board as in case of other claims against the county. No timber, except hardwood
pulpwood, may be removed from the parcels of land or other designated landings until
scaled by a person or persons designated by the county board and approved by the
commissioner of natural resources. Landings other than the parcel of land from which
timber is cut may be designated for scaling by the county board by written agreement
with the purchaser of the timber. The county board may, by written agreement with the
purchaser and with a consumer designated by the purchaser when the timber is sold by the
county auditor, and with the approval of the commissioner of natural resources, accept the
consumer's scale of cut products delivered at the consumer's landing. No timber shall be
removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in
appraised valuation may be sold for not less than the full appraised value at private sale
to individual persons without first publishing notice of sale or calling for bids, provided
that in case of a sale involving a total appraised value of more than $200 the sale shall be
made subject to final settlement on the basis of a scale of cut products in the manner above
provided and not more than two of the sales, directly or indirectly to any individual shall
be in effect at one time.

(d) As directed by the county board, the county auditor may lease tax-forfeited land
to individuals, corporations or organized subdivisions of the state at public or private sale,
and at the prices and under the terms as the county board may prescribe, for use as cottage
and camp sites and for agricultural purposes and for the purpose of taking and removing of
hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden
sites and other temporary uses provided that no leases shall be for a period to exceed ten
years; provided, further that any leases involving a consideration of more than $12,000 per
year, except to an organized subdivision of the state shall first be offered at public sale in
the manner provided herein for sale of timber. Upon the sale of any leased land, it shall
remain subject to the lease for not to exceed one year from the beginning of the term of the
lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation
shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be
audited and allowed by the county board as in case of other claims against the county.

(e) As directed by the county board, the county auditor may lease tax-forfeited land
to individuals, corporations, or organized subdivisions of the state at public or private sale,
at the prices and under the terms as the county board may prescribe, for the purpose
of taking and removing for use for road construction and other purposes tax-forfeited
stockpiled iron-bearing material. The county auditor must determine that the material is
needed and suitable for use in the construction or maintenance of a road, tailings basin,
settling basin, dike, dam, bank fill, or other works on public or private property, and
that the use would be in the best interests of the public. No lease shall exceed ten years.
The use of a stockpile for these purposes must first be approved by the commissioner of
natural resources. The request shall be deemed approved unless the requesting county
is notified to the contrary by the commissioner of natural resources within six months
after receipt of a request for approval for use of a stockpile. Once use of a stockpile has
been approved, the county may continue to lease it for these purposes until approval is
withdrawn by the commissioner of natural resources.

(f) The county auditor, with the approval of the county board is authorized to grant
permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean
ores, tailings, or waste products from mines or ore milling plants, upon the conditions and
for the consideration and for the period of time, not exceeding 15 years, as the county
board may determine. The permits, licenses, or leases are subject to approval by the
commissioner of natural resources.

(g) Any person who removes any timber from tax-forfeited land before said
timber has been scaled and fully paid for as provided in this subdivision is guilty of a
misdemeanor.

(h) The county auditor may, with the approval of the county board, and without first
offering at public sale, grant leases, for a term not exceeding 25 years, for the removal
of peat and for the production or removal of farm-grown closed-loop biomass as defined
in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited
lands upon the terms and conditions as the county board may prescribe. Any lease for
the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops
from tax-forfeited lands must first be reviewed and approved by the commissioner of
natural resources if the lease covers 320 or more acres. No lease for the removal of
peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by
the county auditor pursuant to this section without first holding a public hearing on the
auditor's intention to lease. One printed notice in a legal newspaper in the county at least
ten days before the hearing, and posted notice in the courthouse at least 20 days before
the hearing shall be given of the hearing.

(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis
County auditor may, at the discretion of the county board, sell timber to the party who
bids the highest price for all the several kinds of timber, as provided for sales by the
commissioner of natural resources under section 90.14. Bids offered over and above the
appraised price need not be applied proportionately to the appraised price of each of
the different species of timber.

(j) In lieu of any payment or deposit required in paragraph (b), as directed by the
county board and under terms set by the county board, the county auditor may accept an
irrevocable bank letter of credit in the amount equal to the amount otherwise determined
in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph,
at the written request of the purchaser, the county may periodically allow the bank letter
of credit to be reduced by an amount proportionate to the value of timber that has been
harvested and for which the county has received payment. The remaining amount of
the bank letter of credit after a reduction under this paragraph must not be less than 20
percent of the value of the timber purchased. If an irrevocable bank letter of credit or
cash deposit is provided for the down payment required in paragraph (b), and no cutting
of timber has taken place on the contract for which a letter of credit has been provided,
the county may allow the transfer of the letter of credit to any other contract issued to the
contract holder by the county under this chapter to which the contract holder requests in
writing that it be credited.

Sec. 149.

[325E.385] PRODUCTS CONTAINING POLYBROMINATED
DIPHENYL ETHER.

Subdivision 1.

Definitions.

For the purposes of sections 325E.386 to 325E.388,
the terms in this section have the meanings given them.

Subd. 2.

Commercial decabromodiphenyl ether.

"Commercial
decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl ether,
including associated polybrominated diphenyl ether impurities not intentionally added.

Subd. 3.

Commissioner.

"Commissioner" means the commissioner of the Pollution
Control Agency.

Subd. 4.

Manufacturer.

"Manufacturer" means any person, firm, association,
partnership, corporation, governmental entity, organization, or joint venture that produces
a product containing polybrominated diphenyl ethers or an importer or domestic
distributor of a noncomestible product containing polybrominated diphenyl ethers.

Subd. 5.

Polybrominated diphenyl ethers or PBDE's.

"Polybrominated diphenyl
ethers" or "PBDE's" means chemical forms that consist of diphenyl ethers bound with
bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the
three primary forms of the commercial mixtures known as pentabromodiphenyl ether,
octabromodiphenyl ether, and decabromodiphenyl ether.

Subd. 6.

Retailer.

"Retailer" means a person who offers a product for sale at retail
through any means, including, but not limited to, remote offerings such as sales outlets,
catalogs, or the Internet, but does not include a sale that is a wholesale transaction with a
distributor or a retailer.

Subd. 7.

Used product.

"Used product" means any product that has been previously
owned, purchased, or sold in commerce. Used product does not include any product
manufactured after January 1, 2008.

Sec. 150.

[325E.386] PRODUCTS CONTAINING CERTAIN
POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.

Subdivision 1.

Penta- and octabromodiphenyl ethers.

Except as provided in
subdivision 3, beginning January 1, 2008, a person may not manufacture, process, or
distribute in commerce a product or flame-retardant part of a product containing more
than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
by mass.

Subd. 2.

Exemptions.

The following products containing polybrominated diphenyl
ethers are exempt from subdivision 1 and section 325E.387, subdivision 2:

(1) the sale or distribution of any used transportation vehicle with component parts
containing polybrominated diphenyl ethers;

(2) the sale or distribution of any used transportation vehicle parts or new
transportation vehicle parts manufactured before January 1, 2008, that contain
polybrominated diphenyl ethers;

(3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of equipment containing polybrominated diphenyl ethers and used primarily
for military or federally funded space program applications. This exemption does not
cover consumer-based goods with broad applicability;

(4) the sale or distribution by a business, charity, public entity, or private party of
any used product containing polybrominated diphenyl ethers;

(5) the manufacture, sale, or distribution of new carpet cushion made from recycled
foam containing more than one-tenth of one percent polybrominated diphenyl ether;

(6) medical devices; or

(7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of telecommunications equipment containing polybrominated diphenyl
ethers used by entities eligible to hold authorization in the Public Safety Pool under Code
of Federal Regulations, title 47, part 90.

In-state retailers in possession of products on January 1, 2008, that are banned for
sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
this section restricts the ability of a manufacturer, importer, or distributor from transporting
products containing polybrominated diphenyl ethers through the state, or storing such
products in the state for later distribution outside the state.

Sec. 151.

[325E.387] REVIEW OF DECABROMODIPHENYL ETHER.

Subdivision 1.

Commissioner duties.

The commissioner in consultation
with the commissioners of health and public safety shall review uses of commercial
decabromodiphenyl ether, availability of technically feasible and safer alternatives, fire
safety, and any evidence regarding the potential harm to public health and the environment
posed by commercial decabromodiphenyl ether and the alternatives. The commissioner
must consult with key stakeholders. The commissioner must also review the findings from
similar state and federal agencies and must report their findings and recommendations to
the appropriate committees of the legislature no later than January 15, 2008.

Subd. 2.

State procurement.

By January 1, 2008, the commissioner of
administration shall make available for purchase and use by all state agencies equipment,
supplies, and other products that do not contain polybrominated diphenyl ethers, unless
exempted under section 325E.386, subdivision 2.

Sec. 152.

[325E.388] PENALTIES.

A manufacturer who violates sections 325E.386 to 325E.388 is subject to a
civil penalty not to exceed $1,000 for each violation in the case of a first offense. A
manufacturer is subject to a civil penalty not to exceed $5,000 for each repeat offense.
Penalties collected under this section must be deposited in an account in the special
revenue fund and are appropriated in fiscal years 2008 and 2009 to the commissioner to
implement and enforce this section.

Sec. 153.

Minnesota Statutes 2006, section 394.23, is amended to read:


394.23 COMPREHENSIVE PLAN.

The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.

Sec. 154.

Minnesota Statutes 2006, section 462.353, subdivision 2, is amended to read:


Subd. 2.

Studies and reports.

In exercising its powers under subdivision 1, a
municipality may collect and analyze data, prepare maps, charts, tables, and other
illustrations and displays, and conduct necessary studies. A municipality may publicize its
purposes, suggestions, and findings on planning matters, may distribute reports thereon,
and may advise the public on the planning matters within the scope of its duties and
objectives. The commissioner of natural resources must provide the natural heritage
data from the county biological survey, if available, to each municipality for use in the
comprehensive plan.

Sec. 155.

Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by
Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read:


Subdivision 1.

Forest classification status review.

(a) By December 31, 2006, the
commissioner of natural resources shall complete a review of the forest classification status
of all state forests classified as managed or limited, all forest lands under the authority of
the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and
lands managed by the commissioner under Minnesota Statutes, section 282.011. The
review must be conducted on a forest-by-forest and area-by-area basis in accordance with
the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in
paragraph (d), after each forest is reviewed, the commissioner must change its the status
of the lands within each forest to limited or closed, and . The commissioner may classify
portions of a limited forest as closed. The commissioner
must also provide a similar
status for each of the other areas subject to review under this section after each individual
review is completed.

(b) If the commissioner determines on January 1, 2005, that the review required
under this section cannot be completed by December 31, 2006, the completion date for the
review shall be extended to December 31, 2008. By January 15, 2005, the commissioner
shall report to the chairs of the legislative committees with jurisdiction over natural
resources policy and finance regarding the status of the process required by this section.

(c) Until December 31, 2010, the state forests and areas subject to review under this
section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or
area has been classified as limited or closed.

(d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes,
section 84.777, subdivision 1, all forest lands under the authority of the commissioner as
defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the
commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway
2 shall maintain their present classification unless the commissioner reclassifies the lands
under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal
trail closures when conditions warrant them. By December 31, 2008, the commissioner
shall complete the review and designate trails on forest lands north of Highway 2 as
provided in this section.

Sec. 156.

Laws 2003, chapter 128, article 1, section 169, is amended to read:


Sec. 169. CONTINUOUS TRAIL DESIGNATION.

(a) The commissioner of natural resources shall locate, plan, design, map, construct,
designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles
of not less than 70 continuous miles in length on any land owned by the state or in
cooperation with any county on land owned by that county or on a combination of any of
these lands. This new trail shall be ready for use by April 1, 2007 June 30, 2009.

(b) All funding for this new trail shall come from the all-terrain vehicle dedicated
account and is appropriated each year as needed.

(c) This new trail shall have at least two areas of access complete with appropriate
parking for vehicles and trailers and enough room for loading and unloading all-terrain
vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not
inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle
trail. This new trail may be of a continuous loop design and shall provide for spurs to other
all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles
of this new all-terrain vehicle trail. Four rest areas shall be provided along the way.

Sec. 157.

Laws 2006, chapter 236, article 1, section 21, is amended to read:


Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE;
ITASCA COUNTY.

(a) For the purpose of a land exchange for use in connection with a proposed
steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8,
subdivision 3, title examination and approval of the land described in paragraph (b)
shall be undertaken as a condition of exchange of the land for class B land, and shall be
governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions
of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes,
section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title
reports or title insurance commitments prepared or underwritten by a title insurer licensed
to conduct title insurance business in this state, regardless of whether abstracts were
created or updated in the preparation of the title reports or commitments. The opinion of
the county attorney, and approval by the attorney general, shall be based on those title
reports or commitments.

(b) The land subject to this section is located in Itasca County and is described as:

(1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township
56 North, Range 22 West;

(2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;

(3) Section 30, Township 57 North, Range 22 West; and

(4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.

(c) Riparian land given in exchange by Itasca County for the purpose of the steel
mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota
Statutes, section 94.342, subd