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Minnesota Legislature

Office of the Revisor of Statutes

HF 1656

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/29/2019 03:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Division Engrossment

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A bill for an act
relating to natural resources; modifying provisions for certain grants for outdoor
recreation; modifying game and fish law; providing for removal of beavers and
beaver dams causing damage; banning certain insecticides in wildlife management
areas; modifying school trust lands; extending citizen oversight committees;
modifying groundwater use permitting; requiring a model ordinance pertaining to
silica sand mines; requiring rulemaking;amending Minnesota Statutes 2018,
sections 84.026, by adding a subdivision; 84.027, subdivision 18; 84.794,
subdivision 2; 84.83, subdivision 3; 85.44; 92.50, subdivision 1; 97A.015,
subdivisions 25, 43; 97A.055, subdivision 4b; 97A.126; 97A.321, subdivision 1;
97A.475, subdivision 4; 97B.011; 97B.081, subdivision 3; 97B.205; 97B.655;
97B.665, by adding a subdivision; 97B.667, subdivisions 2, 3, 4, by adding a
subdivision; 103G.241, subdivisions 1, 3; 103G.287, subdivision 1; 103G.311,
subdivisions 2, 5; 103G.315, subdivision 8; 103G.408; 103G.615, subdivision 3a;
Laws 2013, chapter 114, article 4, section 105, as amended; proposing coding for
new law in Minnesota Statutes, chapters 92; 97A; 97B; repealing Minnesota
Statutes 2018, section 92.121.

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

Section 1.

Minnesota Statutes 2018, section 84.026, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Paying grant-eligible expenditures. new text end

new text begin Notwithstanding section 16A.41, the
commissioner may make payments for otherwise eligible grant-program expenditures that
are made on or after the effective date of the appropriation that funds the payments for:
new text end

new text begin (1) grants-in-aid under sections 84.794, 84.803, 84.83, 84.927, and 85.44;
new text end

new text begin (2) local recreation grants under section 85.019; and
new text end

new text begin (3) enforcement and public education grants under sections 84.794, 84.803, 84.83,
84.927, 86B.701, 86B.705, and 87A.10.
new text end

Sec. 2.

Minnesota Statutes 2018, section 84.027, subdivision 18, is amended to read:


Subd. 18.

Permanent school fund authority; reporting.

(a) The commissioner of
natural resources has the authority and responsibility deleted text beginfor the administration ofdeleted text endnew text begin to administernew text end
school trust lands under sections deleted text begin92.121deleted text endnew text begin 92.122new text end and 127A.31. The commissioner shall
biannually report to the Legislative Permanent School Fund Commission and the legislature
on the management of the school trust lands that shows how the commissioner has and will
continue to achieve the following goals:

(1) manage the school trust lands efficiently and in a manner that reflects the undivided
loyalty to the beneficiaries consistent with the commissioner's fiduciary duties;

(2) reduce the management expenditures of school trust lands and maximize the revenues
deposited in the permanent school trust fund;

(3) manage the sale, exchange, and commercial leasing of school trust lands, requiring
returns of not less than fair market value, to maximize the revenues deposited in the
permanent school trust fund and retain the value from the long-term appreciation of the
school trust lands;

(4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
management principles;

(5) optimize school trust land revenues and maximize the value of the trust consistent
with deleted text beginthedeleted text end balancing deleted text beginofdeleted text end short-term and long-term interests, so that long-term benefits are not
lost in an effort to maximize short-term gains; and

(6) maintain the integrity of the trust and prevent the misapplication of its lands and its
revenues.

(b) When the commissioner finds an irresolvable conflict between maximizing the
long-term economic return and protecting natural resources and recreational values on
school trust lands, the commissioner shall give precedence to the long-term economic return
in managing school trust lands. By July 1, 2018, the permanent school fund deleted text beginshalldeleted text endnew text begin mustnew text end be
compensated for all school trust lands included under a designation or policy provision that
prohibits long-term economic return. The commissioner shall submit recommendations to
the appropriate legislative committees and divisions on methods of funding for the
compensation required under this paragraph, including recommendations for appropriations
from the general fund, nongeneral funds, and the state bond fund. Any uncompensated
designation or policy provision restrictions on the long-term economic return on school
trust lands remaining after July 1, 2018, deleted text beginshalldeleted text endnew text begin mustnew text end be compiled and submitted to the
Legislative Permanent School Fund Commission for review.

(c) By December 31, 2013, the report required under paragraph (a) deleted text beginshalldeleted text endnew text begin mustnew text end provide
an inventory and identification of all school trust lands that are included under a designation
or policy provision that prohibits long-term economic return. The report deleted text beginshalldeleted text endnew text begin mustnew text end include
a plan to compensate the permanent school fund through the purchase or exchange of the
lands or a plan to manage the school trust land to generate long-term economic return to
the permanent school fund. Subsequent reports under paragraph (a) deleted text beginshalldeleted text endnew text begin mustnew text end include a
status report of the commissioner's progress in maximizing the long-term economic return
on lands identified in the 2013 report.

(d) When deleted text beginfuturedeleted text endnew text begin management practices, policies, ornew text end designations deleted text beginor policiesdeleted text end by the
commissionernew text begin diminish ornew text end prohibit the long-term economic return on school trust land, the
conflict deleted text beginshalldeleted text endnew text begin mustnew text end be resolved deleted text beginby compensating the permanent school fund through an
exchange or purchase of the lands before designation or application of the policy
deleted text endnew text begin as provided
in section 92.122
new text end.

Sec. 3.

Minnesota Statutes 2018, section 84.794, subdivision 2, is amended to read:


Subd. 2.

Purposes.

(a) Subject to appropriation by the legislature, money in the
off-highway motorcycle account may only be spent for:

(1) administration, enforcement, and implementation of sections 84.787 to 84.795;

(2) acquisition, maintenance, and development of off-highway motorcycle trails and use
areas; deleted text beginand
deleted text end

(3) grants-in-aid to counties and municipalities to construct and maintain off-highway
motorcycle trails and use areasnew text begin; and
new text end

new text begin (4) grants for enforcement and public education to local law enforcement agenciesnew text end.

(b) The distribution of funds made available for grants-in-aid must be guided by the
statewide comprehensive outdoor recreation plan.

Sec. 4.

Minnesota Statutes 2018, section 84.83, subdivision 3, is amended to read:


Subd. 3.

Purposes for the account; allocation.

(a) The money deposited in the account
and interest earned on that money may be expended only as appropriated by law for the
following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trailsnew text begin that are determined by the commissioner to be part of
the state's grant-in-aid system
new text end, including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jackdeleted text begin;deleted text endnew text begin. The commissioner
may establish a performance-based funding formula for annual grants-in-aid. The procedures
and criteria for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
new text end

new text begin (i) determine annual grant amounts based on a funding formula that includes consideration
of historical costs, snowfall, use, and tourism;
new text end

new text begin (ii) make grant payments based on:
new text end

new text begin (A) successful completion of performance benchmarks;
new text end

new text begin (B) reimbursement of eligible expenditures; or
new text end

new text begin (C) a combination of subitems (A) and (B); and
new text end

new text begin (iii) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding.
new text end

(2) deleted text beginfor acquisition, development, and maintenance ofdeleted text endnew text begin to acquire, develop, and maintainnew text end
state recreational snowmobile trails;

(3) for snowmobile safety programs; and

(4) deleted text beginfor the administration and enforcement ofdeleted text endnew text begin to administer and enforcenew text end sections 84.81
to 84.91 and appropriated grants to local law enforcement agencies.

(b) No less than 60 percent of revenue collected from snowmobile registration and
snowmobile state trail sticker fees must be expended for grants-in-aid to develop, maintain,
and groom trails and acquire easements.

Sec. 5.

Minnesota Statutes 2018, section 85.44, is amended to read:


85.44 CROSS-COUNTRY-SKI TRAIL GRANT-IN-AID PROGRAM.

The commissioner shall establish a grant-in-aid program for local units of government
and special park districts deleted text beginfor the acquisition, development, and maintenance ofdeleted text endnew text begin to acquire,
develop, and maintain
new text end cross-country-ski trailsnew text begin that are determined by the commissioner to
be part of the state's grant-in-aid system
new text end. Grants deleted text beginshall bedeleted text endnew text begin arenew text end available deleted text beginfor acquisition ofdeleted text endnew text begin to
acquire
new text end trail easements but may not be used to acquire any lands in fee title. Local units of
government and special park districts applying for and receiving grants under this section
deleted text begin shall bedeleted text endnew text begin arenew text end considered to have cross-country-ski trails for one year following the expiration
of their last grant. The department shall reimburse all public sponsors of grants-in-aid
cross-country-ski trails based upon criteria established by the department. deleted text beginPrior to the use
of
deleted text endnew text begin Before usingnew text end any reimbursement criteria, a certain proportion of the revenues deleted text beginshalldeleted text endnew text begin mustnew text end
be allocated on the basis of user fee sales location.new text begin The commissioner may establish a
performance-based funding formula for annual grants-in-aid. The procedures and criteria
for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply. In administering the performance-based grants-in-aid, the
commissioner must:
new text end

new text begin (1) determine annual grant amounts based on a funding formula that includes
consideration of historical costs, snowfall, use, and tourism;
new text end

new text begin (2) make grant payments based on:
new text end

new text begin (i) successful completion of performance benchmarks;
new text end

new text begin (ii) reimbursement of eligible expenditures; or
new text end

new text begin (iii) a combination of items (i) and (ii); and
new text end

new text begin (3) assess penalties to nonperforming grant-in-aid recipients, which may include
withholding grant payments or making the grantee or trail system ineligible for future
grant-in-aid funding.
new text end

Sec. 6.

new text begin [92.122] COMPENSATING PERMANENT SCHOOL FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Compensation requirements. new text end

new text begin (a) When the revenue generated from
school trust land and associated resources is diminished by management practices applied
to the land and resources as determined by the commissioner of natural resources, the
commissioner must compensate the permanent school fund.
new text end

new text begin (b) When generating revenue from school trust land and associated resources will be
prohibited by a policy or designation applied to the land and resources as determined by
the commissioner, the commissioner must compensate the permanent school fund before
the policy or designation is applied.
new text end

new text begin Subd. 2. new text end

new text begin Compensation methods. new text end

new text begin To compensate the permanent school fund under
subdivision 1, the commissioner may use compensation methods that include:
new text end

new text begin (1) exchanging other land that is compatible with the goal of the permanent school fund
under section 127A.31, as allowed under sections 94.343, subdivision 1, and 94.3495, and
the Minnesota Constitution, article XI, section 10;
new text end

new text begin (2) leasing under section 92.50 and according to subdivision 3, with rental payments as
compensation; and
new text end

new text begin (3) condemning the land under section 92.83, with payment of the amount of the award
and judgment as compensation.
new text end

new text begin Subd. 3. new text end

new text begin Lease terms for compensating fund. new text end

new text begin With advice from the school trust lands
director according to section 127A.353, subdivision 4, the commissioner may lease school
trust land to compensate the permanent school fund. Rental payments received under this
subdivision:
new text end

new text begin (1) must be credited to the forest suspense account as nonqualifying revenue and not
subject to cost certification under section 16A.125;
new text end

new text begin (2) must be paid in full upon executing the lease; and
new text end

new text begin (3) are determined by the commissioner and subject to review by a licensed appraiser.
new text end

Sec. 7.

Minnesota Statutes 2018, section 92.50, subdivision 1, is amended to read:


Subdivision 1.

Lease terms.

(a) The commissioner of natural resources may lease land
under the commissioner's jurisdiction and control:

(1) to remove sand, gravel, clay, rock, marl, peat, and black dirt;

(2) to store ore, waste materials from mines, or rock and tailings from ore milling plants;

(3) for roads or railroads;

new text begin (4) to compensate the permanent school fund according to section 92.122;new text end or

deleted text begin (4)deleted text endnew text begin (5)new text end for other uses consistent with the interests of the state.

(b) The commissioner shall offer the lease at public or private sale for an amount and
under terms and conditions prescribed by the commissioner. Commercial leases for more
than ten years and leases for removal of peat that cover 320 or more acres must be approved
by the Executive Council.

(c) The lease term may not exceed 21 years except:

(1) leases of lands for storage sites for ore, waste materials from mines, or rock and
tailings from ore milling plantsdeleted text begin,deleted text end or for the removal of peat for nonagricultural purposes may
not exceed a term of 25 years; and

(2) leases for commercial purposes, including major resort, convention center, or
recreational area purposes, may not exceed a term of 40 years.

(d) Leases must be subject to sale and leasing of the land for mineral purposes and
contain a provision for cancellation for just cause at any time by the commissioner upon
six months' written notice. A longer notice period, not exceeding three years, may be provided
in leases for storing ore, waste materials from minesnew text begin,new text end or rock or tailings from ore milling
plants. The commissioner may determine the terms and conditions, including the notice
period, for cancellation of a lease for the removal of peat and commercial leases.

(e) Money received from leases under this section must be credited to the fund to which
the land belongs.

Sec. 8.

Minnesota Statutes 2018, section 97A.015, subdivision 25, is amended to read:


Subd. 25.

Game fish.

"Game fish" means deleted text beginwalleye, sauger, yellow perch, channel catfish,
flathead catfish; members of the pike family, Esocidae, including muskellunge and northern
pike; members of the sunfish family, Centrarchidae, including largemouth bass, smallmouth
bass, sunfish, rock bass, white crappie, black crappie, members of the temperate bass family,
Percichthyidae, including white bass and yellow bass; members of the salmon and trout
subfamily, Salmoninae, including Atlantic salmon, chinook salmon, coho salmon, pink
salmon, kokanee salmon, lake trout, brook trout, brown trout, rainbow (steelhead) trout,
and splake; members of the paddlefish family, Polyodontidae; members of the sturgeon
family, Acipenseridae, including lake sturgeon, and shovelnose sturgeon.
deleted text endnew text begin fish from the
following families and species: Acipenseridae (lake sturgeon and shovelnose sturgeon),
Anguillidae (American eel), Centrarchidae (black crappie; largemouth bass; rock bass;
smallmouth bass; white crappie; and sunfishes, including bluegill, green sunfish, longear
sunfish, orangespotted sunfish, pumpkinseed, and warmouth), Esocidae (muskellunge and
northern pike), Gadidae (burbot), Ictaluridae (blue catfish, channel catfish, and flathead
catfish), Moronidae (white bass and yellow bass), Percidae (sauger, walleye, and yellow
perch), Polyodontidae (paddlefish), and Salmonidae (Atlantic salmon, brook trout, brown
trout, chinook salmon, cisco or tullibee, coho salmon, kokanee salmon, lake trout, lake
whitefish, pink salmon, and rainbow trout).
new text end deleted text begin"deleted text endGame fishdeleted text begin"deleted text end includes hybrids of game fish.

Sec. 9.

Minnesota Statutes 2018, section 97A.015, subdivision 43, is amended to read:


Subd. 43.

Rough fish.

"Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
deleted text begin burbot, cisco,deleted text end gar, goldeye, and bullhead, except for any fish species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134.

Sec. 10.

Minnesota Statutes 2018, section 97A.055, subdivision 4b, is amended to read:


Subd. 4b.

Citizen oversight committees.

(a) The commissioner shall appoint committees
of affected persons to review the reports prepared under subdivision 4; review the proposed
work plans and budgets for the coming year; propose changes in policies, activities, and
revenue enhancements or reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for improvements in the
management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following committees, each comprised of at
least ten affected persons:

(1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
including activities related to trout-and-salmon stamps and walleye stamps; and

(2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
including activities related to migratory waterfowl, pheasant, and wild turkey management
and deer and big game management.

(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee, and four additional members from each committee, shall form a Budgetary
Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
committee reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; and provide a forum
to address issues that transcend the fisheries and wildlife oversight committees.

(d) The Budgetary Oversight Committee shall develop recommendations for a biennial
budget plan and report for expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance.

(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee shall be chosen by their respective committees. The chair of the Budgetary
Oversight Committee shall be appointed by the commissioner and may not be the chair of
either of the other oversight committees.

(f) The Budgetary Oversight Committee may make recommendations to the commissioner
and to the senate and house of representatives committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) The committees authorized under this subdivision are not advisory councils or
committees governed by section 15.059 and are not subject to section 15.059. Committee
members appointed by the commissioner may request reimbursement for mileage expenses
in the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Committee members must not receive daily compensation
for oversight activities. The Fisheries Oversight Committee, the Wildlife Oversight
Committee, and the Budgetary Oversight Committee expire June 30, deleted text begin2020deleted text endnew text begin 2025new text end.

Sec. 11.

Minnesota Statutes 2018, section 97A.126, is amended to read:


97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

A walk-in access program is established to provide public
access to wildlife habitat on deleted text beginprivatedeleted text end landnew text begin not otherwise open to the publicnew text end for hunting,
excluding trapping, as provided under this section. The commissioner may enter into
agreements with other units of government and landowners to provide deleted text beginprivate landdeleted text end hunting
access.

Subd. 2.

Use of enrolled lands.

(a) From September 1 to May 31, a person must have
a walk-in access hunter validation in possession to hunt on deleted text beginprivatedeleted text end lands, including
agricultural lands, that are posted as being enrolled in the walk-in access program.

(b) Hunting on deleted text beginprivatedeleted text end lands that are posted as enrolled in the walk-in access program
is allowed from one-half hour before sunrise to one-half hour after sunset.

(c) Hunter access on deleted text beginprivatedeleted text end lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by hunters with disabilities operating
motor vehicles on established trails or field roads who possess a valid permit to shoot from
a stationary vehicle under section 97B.055, subdivision 3.

(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
hunters on lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than hunting according to this section is prohibited,
including:

(1) harvesting bait, including minnows, leeches, and other live bait;

(2) training dogs or using dogs for activities other than hunting; and

(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.

Sec. 12.

new text begin [97A.138] INSECTICIDES IN WILDLIFE MANAGEMENT AREAS.
new text end

new text begin A person may not use a product containing an insecticide in a wildlife management area
if the insecticide is from the neonicotinoid class of insecticides.
new text end

Sec. 13.

Minnesota Statutes 2018, section 97A.321, subdivision 1, is amended to read:


Subdivision 1.

Owner responsibility; penalty amount.

new text begin(a) new text endThe owner of a dog that
pursues but does not kill or mortally wound a big game animal is subject to a civil penalty
of $100 for each violation. The owner of a dog that kills or mortally wounds a big game
animal is subject to a civil penalty of $500 for each violation.

new text begin (b) Paragraph (a) does not apply to a person using a dog in compliance with section
97B.207.
new text end

Sec. 14.

Minnesota Statutes 2018, section 97A.475, subdivision 4, is amended to read:


Subd. 4.

Small-game surcharge and donation.

(a) Fees for annual licenses to take
small game must be increased by a surcharge of $6.50, except licenses under subdivisions
2, clauses (18) and (19); and 3, paragraph (a), deleted text beginclausedeleted text endnew text begin clausesnew text end (14)new text begin and (15)new text end. An additional
commission may not be assessed on the surcharge and the following statement must be
included in the annual small-game-hunting regulations: "This $6.50 surcharge is being paid
by hunters for the acquisition and development of wildlife lands."

(b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident
and nonresident licenses to take small game. An additional commission may not be assessed
on the donation. The following statement must be included in the annual small-game-hunting
regulations: "The small-game license donations are being paid by hunters for administration
of the walk-in access program."

Sec. 15.

Minnesota Statutes 2018, section 97B.011, is amended to read:


97B.011 DOGS PURSUING BIG GAME.

new text begin (a) new text endA person who observes a dog wounding, killing, or pursuing in a manner that
endangers big game may kill the dog:

(1) at any time, if the person is a peace officer or conservation officer; or

(2) between January 1 and July 14, if the person is not a peace officer or conservation
officer and the discharge of firearms is allowed.

The officer or person is not liable for damages for killing the dog.

new text begin (b) Paragraph (a) does not apply to a dog used in compliance with section 97B.207.
new text end

Sec. 16.

Minnesota Statutes 2018, section 97B.081, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or
occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this
section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearmdeleted text begin, provided thatdeleted text endnew text begin:
new text end

new text begin (1) ifnew text end the person:

deleted text begin (1)deleted text endnew text begin (i)new text end has the person's valid bear-hunting license in possession;

deleted text begin (2)deleted text endnew text begin (ii)new text end is on foot; and

deleted text begin (3)deleted text endnew text begin (iii)new text end is following the blood trail of a bear that was shot during legal shooting hoursnew text begin;
or
new text end

new text begin (2) as provided in section 97B.207new text end.

new text begin (e) It is not a violation of this section for a licensed deer hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded deer as provided in section 97B.207.
new text end

new text begin (f) For purposes of this subdivision, "handheld artificial light" means an artificial light
that is carried in the hand or attached to the person.
new text end

Sec. 17.

Minnesota Statutes 2018, section 97B.205, is amended to read:


97B.205 deleted text beginUSE OFdeleted text endnew text begin USINGnew text end DOGS AND HORSES TO TAKE BIG GAME
PROHIBITED.

A person may not use a dog or horse to take big gamenew text begin, except as provided under section
97B.207
new text end.

Sec. 18.

new text begin [97B.207] USING DOGS TO LOCATE WOUNDED DEER OR BEAR.
new text end

new text begin Subdivision 1. new text end

new text begin Using dogs allowed. new text end

new text begin A person may use a dog to locate and retrieve a
wounded deer or bear only as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for hunters and handlers. new text end

new text begin (a) A person attempting to locate
and retrieve a wounded deer or bear using a dog must have a valid license to take the deer
or bear and have the license in possession. If the person is a dog handler that does not have
a valid hunting license, the person must be accompanied by a licensed hunter with the license
in possession.
new text end

new text begin (b) The licensed hunter, and any accompanying dog handler, must be on foot and must
wear blaze orange or blaze pink as provided in section 97B.071, paragraph (a).
new text end

new text begin (c) Any light used must be a handheld artificial light, as defined under section 97B.081,
subdivision 3, paragraph (f).
new text end

new text begin Subd. 3. new text end

new text begin Requirements for dogs. new text end

new text begin (a) A dog used to locate a wounded deer or bear must
be accompanied by a licensed hunter and any dog handler until the wounded deer or bear
is located. The dog must be leashed and the licensed hunter or dog handler must be in
physical control of the leash at all times. The leash must not exceed 30 feet in length.
new text end

new text begin (b) The dog owner's information, including the owner's name and telephone number,
must be on the dog while the dog is used to locate a wounded deer or bear under this section.
new text end

new text begin (c) The licensed hunter and any accompanying dog handler are jointly and severally
responsible for a dog under this section. A violation of this subdivision is a misdemeanor
under section 97A.301, subdivision 1, and section 97A.421 applies.
new text end

new text begin Subd. 4. new text end

new text begin Additional requirements. new text end

new text begin (a) The trespass provisions in section 97B.001 apply
to activities under this section, including all requirements to gain permission to enter private
or public property.
new text end

new text begin (b) Activities under this section may occur during legal shooting hours or outside legal
shooting hours of the open season for the location and species. Any activity occurring under
this section outside the open season for the location and species must be reported to the
local conservation officer before locating or retrieving the wounded deer or bear.
new text end

Sec. 19.

Minnesota Statutes 2018, section 97B.655, is amended to read:


97B.655 TAKING ANIMALS CAUSING DAMAGE.

Subdivision 1.

Owners and occupants may take certain animals.

new text begin(a) new text endA person or the
person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit,
hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
person where the animal is causing damage. The person or the person's agent may take the
animal without a license and in any manner except by artificial lights in the closed season
or by poison. Raccoons may be taken under this subdivision with artificial lights during
open season.

new text begin (b) Any traps used under this subdivision must be tagged as required under section
97B.928 if placed by an agent of the landowner or occupant.
new text end

new text begin (c)new text end A person or the person's agent who kills mink, raccoon, bobcat, fox, opossum,
muskrat, or beaver under this subdivision must notify a conservation officer or employee
of the Fish and Wildlife Division within 24 hours after the animal is killed.

Subd. 2.

Special permit for taking protected wild animals.

new text begin(a) new text endThe commissioner may
issue special permits under section 97A.401, subdivision 5, to take protected wild animals
that are damaging property or to remove or destroy their dens, nests, new text beginor new text endhousesdeleted text begin, or damsdeleted text end.

new text begin (b) Removing or destroying a beaver dam associated with beavers causing damage must
be according to section 97B.665.
new text end

Sec. 20.

Minnesota Statutes 2018, section 97B.665, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Removing beaver dams; agreement by landowner. new text end

new text begin (a) Except as provided
in paragraph (b), a beaver dam that is causing damage to property may be removed or
destroyed by a person or the person's agent from property that is owned, occupied, or
otherwise managed by the person.
new text end

new text begin (b) A person or a person's agent may not remove or destroy a beaver dam under this
subdivision when a permit is required under section 103G.245 if removing or destroying
the dam would change or diminish the historical water levels, course, current, or cross
section of public waters.
new text end

new text begin (c) A person or a person's agent may not remove or destroy a beaver dam under this
subdivision if the dam is on public property or another person's private property unless the
person obtains the approval or permission of the landowner of the property where the beaver
dam is located.
new text end

new text begin (d) If unable to obtain the approval or permission of the landowner under paragraph (c),
a person may petition to district court for relief as provided in subdivision 2.
new text end

new text begin (e) For purposes of this subdivision:
new text end

new text begin (1) "landowner" means:
new text end

new text begin (i) the owner, lessee, or occupant of private property; or
new text end

new text begin (ii) an authorized manager of public property; and
new text end

new text begin (2) "person" includes a governmental entity in addition to the entities described under
section 97A.015, subdivision 35.
new text end

Sec. 21.

Minnesota Statutes 2018, section 97B.667, subdivision 2, is amended to read:


Subd. 2.

deleted text beginLocaldeleted text end Government units.

(a) deleted text beginLocaldeleted text end Government units may, as provided in this
section, kill or arrange to have killed beaver that are causing damage, including damage to
silvicultural projects and drainage ditches, on property owned or managed by the deleted text beginlocaldeleted text end
government unit. deleted text beginRemoval or destruction ofdeleted text endnew text begin Removing or destroyingnew text end any associated beaver
lodge is subject to section 97A.401, subdivision 5deleted text begin.deleted text endnew text begin, and removing or destroying any associated
beaver dam is subject to section 97B.665.
new text end

(b) The deleted text beginlocaldeleted text end government unit may kill beaver associated with the lodge or damage in
any manner, except by poison or artificial lights.

(c) The deleted text beginlocaldeleted text end government unit may arrange to have killed any beaver associated with
the lodge or damage by trapping through a third-party contract or under subdivision 4.

Sec. 22.

Minnesota Statutes 2018, section 97B.667, subdivision 3, is amended to read:


Subd. 3.

Permits and notice; requirements.

(a) Before killing or arranging to kill a
beaver under this section, the road authority or deleted text beginlocaldeleted text end government unit must contact a
conservation officer for a special beaver permitdeleted text begin.deleted text endnew text begin if the beaver will be killed within two weeks
before or after the trapping season for beaver, and
new text end the conservation officer must issue the
permit for any beaver subject to this section.new text begin A permit is not required:
new text end

new text begin (1) for a licensed trapper during the open trapping season for beaver; or
new text end

new text begin (2) when the trapping season for beaver is closed and it is not within two weeks before
or after the trapping season for beaver.
new text end

(b) A road authority or deleted text beginlocaldeleted text end government unit that kills or arranges to have killed a beaver
under this section must notify a conservation officer or employee of the Fish and Wildlife
Division within ten days after the animal is killed.

Sec. 23.

Minnesota Statutes 2018, section 97B.667, subdivision 4, is amended to read:


Subd. 4.

deleted text beginLocaldeleted text end Beaver control programs.

A road authority or deleted text beginlocaldeleted text end government unit
may, after consultation with the Fish and Wildlife Division, implement a deleted text beginlocaldeleted text end beaver control
program designed to reduce the number of incidents of beaver:

(1) interfering with or damaging a public road; or

(2) causing damage, including damage to silvicultural projects and drainage ditches, on
property owned or managed by the deleted text beginlocaldeleted text end government unit.

The deleted text beginlocaldeleted text end control program may include deleted text beginthedeleted text end offering deleted text beginofdeleted text end a bounty deleted text beginfor the lawful taking ofdeleted text endnew text begin
to lawfully take
new text end beaver.

Sec. 24.

Minnesota Statutes 2018, section 97B.667, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Tagging requirements for traps. new text end

new text begin Traps used under subdivision 1 or 2 must
be identified with the name and telephone number of the government unit. Traps used for
trapping under a third-party contract must be tagged with the contractor's information as
provided in section 97B.928.
new text end

Sec. 25.

Minnesota Statutes 2018, section 103G.241, subdivision 1, is amended to read:


Subdivision 1.

Conditions to affect public waters.

An agent or employee of another
may not construct, reconstruct, remove, or make a change in a reservoir, dam, or waterway
obstruction on a public water or in any manner change or diminish the course, current, or
cross section of public waters unless the agent or employee has:

(1) obtained a signed statement from the property owner stating that the permits required
for the work have been obtained or a permit is not required; and

(2) mailed new text beginor electronically transmitted new text enda copy of the statement to the regional office of
the Department of Natural Resources where the proposed work is located.

Sec. 26.

Minnesota Statutes 2018, section 103G.241, subdivision 3, is amended to read:


Subd. 3.

Form for compliance.

The commissioner shall develop a form to be distributed
to contractors' associations and county auditors to comply with this section. The form must
include:

(1) a listing of the activities for which a permit is required;

(2) a description of the penalties for violating this chapter;

(3) the mailing addressesnew text begin, electronic mail addresses,new text end and telephone numbers of the
regional offices of the Department of Natural Resources;

(4) a statement that water inventory maps completed according to section 103G.201 are
on file with the auditors of the counties; and

(5) spaces for a description of the work and the names, mailing addresses, new text beginelectronic
mail addresses,
new text endand telephone numbers of the person authorizing the work and the agent or
employee proposing to undertake it.

Sec. 27.

Minnesota Statutes 2018, section 103G.287, subdivision 1, is amended to read:


Subdivision 1.

Applications for groundwater appropriations; preliminary
well-construction approval.

(a) Groundwater use permit applications are not complete
until the applicant has supplied:

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

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

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

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

(5) the results of any assessments conducted by the commissioner under paragraph (c).

(b) The commissioner may waive an application requirement in this subdivision if the
information provided with the application is adequate to determine whether the proposed
appropriation and use of water is sustainable and will protect ecosystems, water quality,
and the ability of future generations to meet their own needs.

(c) The commissioner shall provide an assessment of a proposed well needing a
groundwater appropriation permit. The commissioner shall evaluate the information submitted
as required under section 103I.205, subdivision 1, paragraph (e), and determine whether
the anticipated appropriation request is likely to meet the applicable requirements of this
chapter. If the appropriation request is likely to meet applicable requirements, the
commissioner shall provide the person submitting the information with a letternew text begin or
electronically transmitted notice
new text end providing preliminary approval to construct the well and
the requirements, including test-well information, that will be needed to obtain the permit.

(d) The commissioner must provide an applicant denied a groundwater use permit or
issued a groundwater use permit that is reduced or restricted from the original request with
all information the commissioner used in making the determination, including hydrographs,
flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
calibration.

Sec. 28.

Minnesota Statutes 2018, section 103G.311, subdivision 2, is amended to read:


Subd. 2.

Hearing notice.

(a) The hearing notice on an application must include:

(1) the date, place, and time fixed by the commissioner for the hearing;

(2) the waters affected, the water levels sought to be established, or control structures
proposed; and

(3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder.

(b) A summary of the hearing notice must be published by the commissioner at the
expense of the applicant or, if the proceeding is initiated by the commissioner in the absence
of an applicant, at the expense of the commissioner.

(c) The summary of the hearing notice must be:

(1) published once a week for two successive weeks before the day of hearing in a legal
newspaper published in the county where any part of the affected waters is located; and

(2) mailed new text beginor electronically transmitted new text endby the commissioner to the county auditor, the
mayor of a municipality, the watershed district, and the soil and water conservation district
affected by the application.

Sec. 29.

Minnesota Statutes 2018, section 103G.311, subdivision 5, is amended to read:


Subd. 5.

Demand for hearing.

(a) If a hearing is waived and an order is made issuing
or denying the permit, the applicant, the managers of the watershed district, the board of
supervisors of the soil and water conservation district, or the governing body of the
municipality may file a demand for hearing on the application. The demand for a hearing
must be filed within 30 days after mailednew text begin or electronically transmittednew text end notice of the order
with the bond required by subdivision 6.

(b) The commissioner must give notice as provided in subdivision 2, hold a hearing on
the application, and make a determination on issuing or denying the permit as though the
previous order had not been made.

(c) The order issuing or denying the permit becomes final at the end of 30 days after
mailed new text beginor electronically transmitted new text endnotice of the order to the applicant, the managers of the
watershed district, the board of supervisors of the soil and water conservation district, or
the governing body of the municipality, and an appeal of the order may not be taken if:

(1) the commissioner waives a hearing and a demand for a hearing is not made; or

(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

Sec. 30.

Minnesota Statutes 2018, section 103G.315, subdivision 8, is amended to read:


Subd. 8.

Notice of permit order.

Notice of orders made after hearing must be given by
publication of the order once a week for two successive weeks in a legal newspaper in the
county where the hearing was held and by mailing new text beginor electronically transmitting new text endcopies of
the order to parties who entered an appearance at the hearing.

Sec. 31.

Minnesota Statutes 2018, section 103G.408, is amended to read:


103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.

(a) The commissioner, upon consideration of recommendations and objections as provided
in clause (2), item (iii), and paragraph (c), may issue a public-waters-work permit for the
temporary drawdown of a public water when:

(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
purposes by the commissioner and the commissioner has conducted a public hearing
presenting a comprehensive management plan outlining how and when temporary drawdowns
under this section will be conducted; or

(2) the permit applicant is a public entity and:

(i) the commissioner deems the project to be beneficial and makes findings of fact that
the drawdown is in the public interest;

(ii) the permit applicant has obtained permission from at least 75 percent of the riparian
landowners; and

(iii) the permit applicant has conducted a public hearing according to paragraph (d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit
applicant shall serve a copy of the application on each county, municipality, and watershed
management organization, if one exists, within which any portion of the public water is
located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization, or
lake improvement district required to be served under paragraph (b) or section 103G.301,
subdivision 6
, may file a written recommendation for the issuance of a permit or an objection
to the issuance of a permit with the commissioner within 30 days after receiving a copy of
the application.

(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii),
must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed new text beginor electronically transmitted new text endto the director, the county auditor, the clerk
or mayor of a municipality, the lake improvement district if one exists, the watershed district
or water management organization, the soil and water conservation district, and all riparian
owners of record affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

(e) Periodic temporary drawdowns conducted under paragraph (a) deleted text beginshalldeleted text endnew text begin arenew text end not deleted text beginbedeleted text end
considered takings from riparian landowners.

(f) This section does not apply to public waters that have been designated for wildlife
management under section 97A.101.

Sec. 32.

Minnesota Statutes 2018, section 103G.615, subdivision 3a, is amended to read:


Subd. 3a.

Invasive aquatic plant management permit.

(a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants to cause a significant reduction in the abundance of the invasive aquatic plant.

(b) The commissioner may waive the dated signature of approval requirement in rules
of the Department of Natural Resources for invasive aquatic plant management permits if
obtaining signatures would create an undue burden on the permittee or if the commissioner
determines that aquatic plant control is necessary to protect natural resources.

(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in a
local newspaper, a public meeting, or a mailing new text beginor electronic transmission new text endto the most recent
permanent new text beginphysical or electronic mailing new text endaddress of affected landowners. The notification
must be given annually and must include: the proposed date of treatment, the target species,
the method of control or product being used, and instructions on how the landowner may
request that control not occur adjacent to the landowner's property.

(d) The commissioner may allow dated signatures of approval obtained for an invasive
aquatic plant management permit to satisfy rules of the Department of Natural Resources
to remain valid for three years if property ownership remains unchanged.

Sec. 33.

Laws 2013, chapter 114, article 4, section 105, as amended by Laws 2017, chapter
93, article 2, section 148, is amended to read:


Sec. 105. RULES; SILICA SAND.

(a) The commissioner of the Pollution Control Agency may adopt rules pertaining to
the control of particulate emissions from silica sand projects. The rulemaking is exempt
from Minnesota Statutes, section 14.125.

(b) The commissioner of natural resources shall deleted text beginadopt rulesdeleted text endnew text begin develop a model ordinancenew text end
pertaining to the reclamation of silica sand mines. The deleted text beginrulemaking is exempt from Minnesota
Statutes, section 14.125
deleted text endnew text begin commissioner shall publish the model ordinance in the State Registernew text end.

(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based
value for silica sand.

(d) The Environmental Quality Board may amend its rules for environmental review,
adopted under Minnesota Statutes, chapter 116D, for silica sand mining and processing to
take into account the increased activity in the state and concerns over the size of specific
operations. The Environmental Quality Board shall consider whether the requirements of
Minnesota Statutes, section 116C.991, should remain part of the environmental review
requirements for silica sand and whether the requirements should be different for different
geographic areas of the state. The rulemaking is exempt from Minnesota Statutes, section
14.125.

Sec. 34. new text beginSTAMP DESIGN; RULE AMENDMENT.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part 6290.0400,
subpart 3, to:
new text end

new text begin (1) allow a contest entry to be created using nonphotographic digital media; and
new text end

new text begin (2) require a person submitting a contest entry to list all media used in the creation of
the entry.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 35. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the reference in Minnesota Statutes, sections 127A.30,
subdivision 2, and 287.22 from "section 92.121" to "section 92.122."
new text end

Sec. 36. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 92.121, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: DIVH1656-1

92.121 PERMANENT SCHOOL FUND LANDS.

The commissioner of natural resources shall exchange permanent school fund land as defined in the Minnesota Constitution, article XI, section 8, located in state parks, state recreation areas, wildlife management areas, scientific and natural areas, or state waysides or on lands managed by the commissioner as old growth stands, for other lands as allowed by the Minnesota Constitution, article XI, section 10, and section 94.343, subdivision 1, that are compatible with the goal of the permanent school fund lands in section 127A.31 when, as a result of management practices applied to the permanent school fund lands and associated resources, revenue generation has been diminished or is prohibited and no alternative has been put into effect to compensate the permanent school fund for the income losses.