Minnesota Session Laws - 1993, Regular Session

  
    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.