language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 333-H.F.No. 1107 An act relating to waters; establishing a safe harbors program for Lake Superior; stating powers and duties of the commissioner of natural resources and local authorities in respect thereto; requiring the department of natural resources to recommend methods for control of Eurasian water milfoil in White Bear lake; proposing coding for new law in Minnesota Statutes, chapter 86A. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [LEGISLATIVE FINDINGS.] The legislature recognizes and accepts the recommendations of the North Shore Harbors Plan of June 1, 1991, relative only to Knife River, Two Harbors, Silver Bay, Grand Marais, and Grand Portage. Sec. 2. [86A.20] [DEFINITIONS.] Subdivision 1. [APPLICABILITY.] For the purposes of sections 2 to 6, the terms defined in this section have the meanings given them. Subd. 2. [COMMISSIONER.] "Commissioner" means the commissioner of natural resources. Subd. 3. [MOORING FACILITY.] "Mooring facility" means one or more anchorage or boat slips provided for the safe and convenient docking of boats, which may also provide utility, fuel, or sewage pump-out services to the docked boats. Subd. 4. [SMALL CRAFT HARBOR.] "Small craft harbor" means a protected harbor with boat tie-ups consisting of piers or moorings, boat launches, and support facilities such as roads and parking areas. Subd. 5. [MARINA.] "Marina" means a mooring facility providing additional services to boats, such as repairs, haul-out, winter storage, food, beverage, food and beverage service, and services and facilities of a related nature. Sec. 3. [86A.21] [POWERS AND DUTIES OF COMMISSIONER.] (a) The commissioner may: (1) acquire, construct, and maintain small craft harbors, channels, and facilities for recreational watercraft in the navigable waters lying within the locations identified in section 1; (2) acquire by purchase, lease, gift, or condemnation the lands, rights-of-way, easements, and other interests necessary for small craft harbors, channels, mooring facilities, marinas, launching ramps, and facilities normally used to support harbors of refuge, channels, docks, and launching ramps; (3) provide the public within the boundaries of small craft harbors, through leases of public property, with mooring facilities and marinas developed and operated by public or nonpublic entities at no cost to the state or its political subdivisions; (4) charge fees for both seasonal and daily moorage at state-operated or state-assisted small craft harbors and mooring facilities; (5) collect the proceeds from the sale of marine fuel at small craft harbors or mooring facilities operated by the state. (b) Fees and proceeds collected under paragraph (a) must be credited to the water recreation account and may be used for purposes relating to mooring facilities and small craft harbors, including: (1) operation and maintenance; (2) purchase of marine fuel and other petroleum supplies; (3) replacement or expansion; or (4) debt service on funds provided through the sale of state bonds. (c) Fees collected at small craft harbors and boating facilities constructed or operated by local units of government with financial assistance from the state shall, after payment of the costs of operating and maintaining the facilities, be used for purposes relating to mooring facilities and small craft harbors, including: (1) operation and maintenance; (2) replacement or expansion; or (3) debt service on funds provided through the sale of state bonds. Sec. 4. [86A.22] [AUTHORITY OF LOCAL UNITS OF GOVERNMENT.] Counties, towns, and home rule charter and statutory cities of this state abutting on Lake Superior or inland waterways connected with Lake Superior for navigation and shelter of recreational watercraft are authorized by majority vote of their respective governing bodies to enter into contracts and agreements with the commissioner to accomplish the purposes of sections 2 to 6. Sec. 5. [86A.23] [OPEN FACILITIES.] Facilities in harbors and connecting waterways established under sections 2 to 6 shall be public and open to all users on equal and reasonable terms. Sec. 6. [86A.24] [FINANCING OF HARBORS AND FACILITIES.] The commissioner may take actions necessary to: (1) provide the finances required of nonfederal sponsors as a condition for United States participation in any project in which the commissioner is empowered to participate; (2) enter into agreements with the United States Army Corps of Engineers to provide the funds and other items of local cooperation required as a condition precedent to the construction of a harbor, mooring facility, or marina project; and (3) enter into agreements with political subdivisions of this state regarding participation with the United States in any project within the commissioner's authority, and to make adjustments which in the judgment of the commissioner are in the best interest of the state. Sec. 7. [MANAGEMENT OF EURASIAN WATER MILFOIL IN WHITE BEAR LAKE.] By May 31, 1993, the department of natural resources shall recommend appropriate management methods for the control of Eurasian water milfoil in White Bear lake to be implemented by the White Bear Lake conservation district in cooperation with local units of government, lake associations, and local citizen groups. Presented to the governor May 17, 1993 Signed by the governor May 20, 1993, 2:18 p.m.